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Resolution No. 2012-181RESOLUTION NO. 2012-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF UNITED PACIFIC SERVICES, INC., AND APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND UNITED PACIFIC SERVICES, INC., FOR URBAN FOREST MANAGEMENT SERVICES WHEREAS, on July 17, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-130 authorizing the issuance of a request for proposals for urban forest management (the "Services"); and WHEREAS, a comprehensive review of four proposals was conducted in response to said request for proposals; and WHEREAS, by memorandum dated August 29, 2012, the Director of Community Services & Water has recommended that the City accept the bid of United Pacific Services, Inc. ("United") and enter into a services agreement with United setting forth the terms and conditions under which United will perform the Work (the "Agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:. SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with United Pacific Services, Inc., a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement, for and on behalf of, the City of Vernon, and the Acting City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the Agreement attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the Acting City Clerk, or the Acting City Clerk's designee, to send a fully executed Agreement to: United Pacific Services, Inc. Attention: Gus K. Franklin, President 120 E. La Habra Blvd., Suite 107 La Habra, CA 90631 SECTION 6: The Acting City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Acting City Clerk of the City of Vernon shall cause this resolution and the Acting City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18th day of September, 2012. Name: William J. Davis Title:-_4s6 / Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Dana Reed, Acting City Clerk of the City of .Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-181, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, September 18, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tehhm of the City of Vernon. Executed this U day of Septemberr-2�12, at Vernon, California. (SEAL) Reed, Acts ng City Clerk - 3 - EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED PACIFIC SERVICES, INC. FOR URBAN FOREST MANAGEMENT SERVICES Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE United Pacific Services, Inc. Gus K. Franklin, President United Pacific Services, Inc. 120 E. La Habra Blvd., Suite 107 La Habra, CA 90631 Attention: Gus K. Franklin, President Phone: (562) 691-4600 ext. 225 Facsimile: (562) 691-883.9 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Kevin Wilson, Director of Community Services & Water Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 September 18, 2012 September 18, 2015 Total not to exceed $90,000.00 (includes all applicable sales tax); and more particularly described in Exhibit B Three (3) years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED PACIFIC SERVICES, INC. FOR URBAN FOREST MANAGEMENT SERVICES THIS AGREEMENT is made and entered into as of September 18, 2012 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City'), and United Pacific Services, Inc., a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain annual services provided for the maintenance, removal, and replacement of trees, as required, within the City's Urban Forest as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties prior to performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. 2 Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit C attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City licenses and permits required under this Agreement shall be waived. Section 8. Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services 3 shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement, No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City, a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the 4 percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status- Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; this Agreement; ii. is or becomes generally known to the public without violation of iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. (c) The provisions of this section shall survive the termination of this Agreement. Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its request upon completion or termination of this Agreement. Contractor shall not copy'or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is.in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement worker$ compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (e) Contractor shall at all times during the term of this Agreement carry, maintain and keep in full force and effect, a policy or policies of Pollution Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (f) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (g) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. Q) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions 7 for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers; officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wa-ge and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 % times the basic rate of pay. Living Waces. In addition, Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 27. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 28. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. w Section 29. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 30. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 31. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due.to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 32, City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party.other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 33. Notices. All notices, approvals, consents and other communications between the Parties sliall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 35. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 36. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. 10 Section 37. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 38. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation 0 William Davis, Mayor Pro-Tem ATTEST: Dana Reed, Acting City Clerk APPROVED AS TO FORM: Willard G. Yamaguchi, Chief Deputy City Attorney United Pacific Services, Inc., a California corpora " By: Name: Title: By:. Name: Eric L. Pranklin Title: Assit. Secretary / Vice President 12 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform the services described in the proposal dated August 2, 2012, on behalf of the City. A copy of the Work Plan provided for in the proposal is attached hereto and incorporated by reference. QUALITY CONTROL PLAN Work Plan Tab 5 submitted by: UNITED PACIFIC SERVICES, INC. Quality Control Plan TABLE OF CONTENTS © CHECK LIST Section Pace 1. Management Team...................................................................................... 2 2. / Daily -Weekly Supervision.......................................................................... A. 3,4 3. / Work Schedule.....................................:...................................................... B. 4 4. / Tree Work Performed.................................................................................. C. 5, 6, 7 5. / Hours of Work............................................................................................ D. 7,8 6. / Clean-up...................................................................................................... E. 8,9 7. ✓ Equipment of Job Site.................................................................................. F. 9 8. Labor / Pay Scale......................................................................................... G. 9 9. / Safety Requirements.................................................................................... H. 9,10 10. Best Management Practices (BMP)............................................................. I. 10 11. ,/ Project Safety Official.................................................................................. J. 10,11 12. ,/ Disposal of Material.................................................................................... K. 11 13. ,/ Compliance with Laws & Regulations........................................................ L. 11 14. ✓ Drug Free Work Place................................................................................. M. 11,12 15. / Public Safety / Traffic Control.........................................................:.........I N. 12,13 16. Payment / Monthly Reports......................................................................... O. 13 17. Computer Database....................................................................................... P. 13,14 18. / Additional Services...................................................................................... Q. 14 19. / Emergency Services During Work Hours ................................................... R. 14 20. ,/ Emergency Services After Hours................................................................ S. 14,15 21. Brochure / Letter.......................................................................................... T. 15 22. / Photographs .......................................... :........................................... ............ U. 16 23. / Complaint Log.............................................................................................. V. 15,16 24. / Special Provisions......................................................................................... W. 16 25. / Crews / Equipment....................................................................................... X. 16 26. / Certified Arborist / Certified Pesticide Advisor ........................................... Y. 17 27. / Traffic Control Plan..................................................................................... Z. 17 28. "On Call" Messages...................................................................................... AA. 17,18 29. ✓ Emergency "Home" Phone Numbers ............................................... ............ BB. 18 30. / Communications / Cell Phones................................................................... CC. 19 QUALITY CONTROL PLAN Management Team United Pacific Services, Inc. (UPS), has assigned Jack Mooring and Tony Gomez as Supervisors to the tree maintenance project for the Governmental Agency (Agency). Overseeing the project will be Eric Franklin, Vice President of Operations. 1.) Mr. Jack Mooring, Vice President / General Manager has over 20 years experience in Tree maintenance projects and is a I.S.A. Certified Arborist (# WC-0905), I.S.A. Certified Tree Worker (#WC-403), Certified by the National Arborist Association (#NAA-03268) and Certified in Cardio-Pulmonary Resuscitation (#AHA-24194). Currently he is supervising various contracts with the County of Los Angeles, County of Riverside, City of Fountain Valley, and the City of Long Beach. 2.) Mr. Tony Gomez is are current on -site Crew Manager/Foreman for our current contract with the City of Simi Valley and has many years experience of supervising the completion of numerous governmental tree maintenance contracts including the City of Simi Valley. Mr. Gomez is an I.S.A. Certified Tree Worker (#1617). Mr. Gomez will be overseeing the project and will also be actively involved in the city's tree inventory program. Mr. Gomez has supervised the completion of tree and landscape maintenance contracts for over 35 municipalities and two counties in Southern California. Currently he his in charge of our contract with the City of Simi Valley, City of Long Beach and the County of Riverside. 3.) Mr. Eric L. Franklin, Executive Vice President will be overseeing the project. Mr. Franklin has supervised the completion of landscape and tree maintenance contracts for over 45 municipalities in Southern California. Mr. Franklin is a I.S.A. Certified Arborist (#WC-2158), Certified by the National Arborist Association (#NAA-03265), and Certified in Cardio-Pulmonary Resuscitation (#AHA-24191). Mr. Franklin is also a Certified Arborist/Utility Specialist by the I.S.A. 11 2. Mr. Franklin, Mr. Mooring, and Mr. Gomez have full authority to make any and all decisions concerning additional tree work and represent United Pacific in all decisions concerning this project. They can immediately make decisions on the job site and have the authority to execute any agreement concerning additional tree work or changing a work order or responding to any type of service request call. MANAGEMENT TEAM PROJECT SUPERVISORS: Jack Mooring - Tony Gomez PROJECT DIRECTORS: Eric Franklin - Gus Franklin (owner) PERFORMANCE OF WORK A. Daily - Weekly - Monthly Supervision: 1. Report to Government representative on a daily basis if performing work on the contract. 2. Supervise tree maintenance crews to maintain quality control. 3. Supervise planting crew to maintain proper quality control. r 4. Supervise tree removal crew to maintain proper quality control. 5. Supervise traffic control. 6. Report any damages or injuries within one hour of occurrence. 7. Immediately respond to any public complaints or questions concerning project within one hour of occurance or as directed by Staff. 8. Final inspection of work to insure proper clean-up on a daily basis. 11 -- 9. Maintain daily records of hours worked by each employee and work completed_ 10. UPS's authorized representative shall meet with the Government representative for the purpose of reviewing the week's work, receiving special instructions, and to discuss any problems encountered on the job. Also UPS shall on each Friday submit to the Governmental Agency a weekly copy of daily work reports throughout the term of the contract or as directed by staff. In addition, UPS shall advise the representative of (3) L 1 the following Week's schedule. Daily work records shall be formatted for easy translation in the Government's program or computer software or as directed by staff. 11. UPS will notify the Governmental Agency of any changes in start date of each maintenance operation at least 24 hours in advance. Should UPS discontinue work for any reason, the Governmental Agency must be notified immediately as to the rationale behind the shut -down and the restarting date of operations. B. Work Schedule: 1. UPS will start the tree maintenance project within ten (10) working days of award of contract or as directed by staff. UPS will, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order, location, and completion of work based on the information provided by the Government representative. 2. UPS will notify the Governmental Agency of the work schedule on a daily and weekly basis. This schedule will be submitted for approval in writing at least 72 hours prior to the commencement of any work on the contract or as directed by the Agency representative. 3. UPS must notify the public 24 to 72 hours in advance prior to restricting street parking or access to work area. UPS will post No -Parking signs with date of work to be performed including notification of tree trinm mg, tree planting, or tree removal on each sign only with authorization by the Agency. 4. As soon as notified by the Governmental Agency of award of contract UPS will meet with the Agency Representative to develop a preliminary work schedule for accomplishing the work on a weekly and monthly basis or as directed by the Agency staff. Tree maintenance -schedule will be modified, as necessary, during the course of the contract, based on the tree IImaintenance needs. (4) C. Tree Work Performed: I. Tree work performed will be according to the latest edition of the Pruning Standards of the Western Chapter ISA and to the International Society of Arboriculture Tree Pruning Guidelines, 1995 and to the American National Standards Institute (ANSI) A300-1995 and any Governmental Agency specifications. 2. Trees shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of (13) feet over the roadway and/or adjacent curb and nine (9) feet over walkways and/or pavement or as required by the Governmental Agency. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights and/or adjacent structures by 5 feet in all directions. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, 1 /2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly. 3. UPS will maintain a written log of all complaints including the date, (5) I time of occurrence, location, problem, and action to be taken pursuant thereto or reasoning for non -action. Log is to be reviewed by the Government representative at the end of each day or as directed by the Agency. Pictures are to be taken at time of incident. 4. UPS will maintain good public relations at all times. Work will be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed with employees that are experienced in tree work and supervised by a Certified Arborists. 5. Hazardous Tree Notifications: UPS will report to the Governmental Agency Arborist / representative any tree defects or hazardous trees within 2 hours. 6. Any activities found by the Governmental Agency to be unacceptable will be rectified immediately. All other complaints shall be abated within 24 hours of occurrence by UPS. 7. UPS will be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. The Government's authorized representative will serve as mediator between the contractor and public if property or vehicular damage should occur during the course of work. Sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. 8. UPS will exercise precaution as necessary when working adjacent to aerial utilities. In the event that aerial utility wires present a hazard to UPS's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified by UPS. UPS willonly. employ employees that are certified in electrical line clearing thru the ACRT, Inc. Institute of Arboriculture and Urban Forestry under their Electrical Awareness Program This certification is recognized by the National Arborist Association and meets all Federal Cal -OSHA regulations. 9. Sprinkler repair will be made immediately. All UPS Supervisor's trucks are equipped to handle most sprinkler repairs as they occur. (6) 10. No hooks, gaffs, spurs or climbers will be used by anyone employed by UPS for tree trimming without the express written approval by the Governmental Agency. Plants or other material growing on the trees shall be removed at ground level at time of tree trimming. l 1. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth. 12. . When trimming fungus, diseased or fire blight -infested limbs or palm fronds, all pruning tools shall be cleaned after each cut with an approved disinfectant especially pahn trees within the work area. All pahn trees trimmed shall be to I.S.A. Specifications and as directed in Bid Proposal. 13. UPS will not top any tree in the work area except by specific direction from the Agency's department . representative. D. Hours of work : UPS will observe all holidays recognized in the contract specifications and shall provide inspection for a 40 hour workshift (7:00 a.m. to 4:00 p.m.or as directed by the contract) Monday through Friday. No maintenance functions that generate excessive noise which would cause annoyance or interference to public of the area shall not be commenced before 7:00 a.m. UPS shall reimburse the Governmental Agency at rates established by the Contract for inspection in excess of the foregoing, including legal holidays. This shall be a deduction from final payment. 2. Night, Saturday, Sunday, and Holiday Work: No work shall be performed at night, on Saturdays, Sundays, or on the eleven legal holidays, to wit: New Years Day, President's Day, Dr. Martin Luther King Day, Memorial day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve, and Christmas. This does (7) not apply to emergency work or special conditions and/or events or as directed by the Agency Representative. UPS will schedule operations in accordance with the business hours and Representative. NO WORK SHALL BE PERFORMED WITHOUT THE PERMISSION OF THE PUBLIC WORKS DIRECTOR OR THE FACILITIES AND LANDSCAPE DIVISION OR HIS/HER REPRESENTATIVE FOR All Governmental Agencies. 3. Before performing any work at said times, UPS shall give notice to the Governmental Agency so that proper inspection may be provided and so that appropriate noise and lighting standards maybe imposed. "Night," as used in this paragraph, shall be deemed to include the hours from 5:00 p.m. to 7:00 a.m. of the next succeeding day. 4. No maintenance functions that generate excess noise which would cause annoyance to the public in the area shall be commenced before 7:00 a.m. A noise level limit of 75 decibels at a distance of twenty-five feet applies to all tree equipment on or related to the job operated by UPS crews. 5. The general hours of operation shall be 9:00 AM to 2:00 PM on major streets and 7:00 AM to 4:00 PM on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise. The days of operation shall be Monday through Friday under the guidelines established in the Bid Proposal. The Governmental Agency's authorized representative shall determine the work hours for each area based E. Clean - up: on the possibility of changing or special conditions. UPS shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. 2. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, grass, leaves, debris or equipment be left on the street overnight unless authorized by the Agency's Representative, her/his designee. 3. Agency's authorized representative, shall be the sole judge as to the adequacy of the clean up. F. Equipment on job site: I. Aerial equipment will be certified. Said test and / or examination will be met with the requirements of the State of California, Division of Occupational Safety and Health, G.I.S.O. Title 8, G.I.S.O. Title 8, Article 24-3636 through 3648 and all referenced applicable A.N.S.I. Standards contained therein. 2. UPS employees are enrolled.in the Department of Motor Vehicles Employee Pull Notice Program. 3. Equipment is inspected daily with full maintenance every 12 weeks. G. Labor / Pay Scale: Pay scale -is based on the Prevailing Wage Rates as required in the State of California under Section Titled: Tree Trimmer / Groundmen of labor code section 1 t1. Only if required by the Governmental Agency 2. UPS employs a well balanced ethnic crew (85% minority) and fimily believes in equal employment opportunities for all 3. 13 employees. UPS cross trains its employees and offers opportunities in all phases of the work during the tree maintenance project. UPS shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her in connection with the tree maintenance project. H. Safety Requirements: 1. UPS will observe all applicable CaVOSHA and Public Works safety requirements while working on the contract. 2. UPS employees shall be required to wear safety equipment such as glasses, gloves, head gear, skin creams, respirators, etc. (9) 3. UPS crews / employees shall be uniformed with safety orange shirts or safety orange reflective vests with dark blue pants while performing tree maintenance operations on the contract. Gang attire, gang affiliation symbols, loose clothing, etc., shall not be permitted. 4. UPS crews / employees shall be prohibited from any type of horseplay, shoving, pushing, etc. This type of behavior will not be tolerated by UPS. All UPS crews / employees must conduct themselves in such a way that creates a good public image. All contact with the public and Public Works employees shall be made in a courteous and businesslike Manner. I. Best Management Practices: 1. UPS shall implement the following BMP's for the prevention of storm water pollution in conjunction with all its activities and operations while working on the contract. 2. Waste Management a. Solid Waste Management b. Hazardous Waste Management C. Sanitary / Septic Waste Management 3. Vehicle and Equipment Management a. Vehicle and Equipment Cleaning b. Vehicle and Equipment Fueling C. Vehicle and Equipment Maintenance 4. Training a. Employee / Subcontractor Training J. Project Safety Official: UPS shall designate in writing a Project Safety Official who shall be thoroughly familiar with the UPS Injury and Illness Prevention Program (IIPP) and Code of Safe Practices (CSP). 2. UPS shall make available at all times its Project Safety Official to abate any potential safety hazards and he will have the authority to shut down an operation, if necessary. K. Disposal of Materials: 1. All tree branches, grass, limbs, and any type of greenwaste produced as a result of UPS's operations will be recycled into a soil amendment. 2. Weight slips or load slips for all material removed from the tree maintenance project will be submitted once a month as proof of final disposal to a recycling facility for documenting reusage per AB 939 3. All tree branches chipped and/or mulched shall be made available free of charge to the Governmental Agency. 4. All tree trimming material shall be disposed of at the Greencycle greenwaste recycling facility site located at 12815 E. Imperial Hwy., in the City of Santa Fe Springs. UPS shall pay the cost for all debris removed from the project. L. Compliance with Laws and Regulations: 1. UPS shall keep employees fully informed of and shall observe and comply with, and shall cause any and all persons employed to observe and comply with, all State, Federal, County and City, laws, ordinances, regulations, orders, and decrees which in any manner affect the conduct of the work. M. Drug Free Workplace: 1. UPS will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibitions. 2. UPS has established a Drug -Free Awareness Program to inform employees about the dangers of drug abuse in the workplace. 3. UPS's existing policy of maintaining a drug -free workplace and the penalties that will be imposed upon employees for drug abuse violations occurring in the workplace. Taking appropriate personnel action against such an employee, up to and including termination. N. Public Safety / Traffic Control: UPS shall furnish, erect and maintain such lights, barricades, bridges and other devices as required by the City, State, Federal, and County "Public Safety" of the Standard Specifications. Should the Governmental Agency point out the inadequacy of warning devices or should the City approve the location of warring devices, such action shall not relieve UPS of responsibility for public safety, nor abrogate UPS's obligation to furnish and pay for these devices. 2. All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, latest edition and WATCH (Work Area Traffic Control Handbook). 3. Barricades shall be effectively reflectorized by having not less than one-half of the top board of the barricade covered with reflectorized sheeting surface or two 3-inch diameter reflector units. All other types of delineators shall have reflectorized sheeting, other reflective surfacing, or 3-inch unit reflectors. 4. All warning flashers shall be kept in good working order and each flasher shall have some type of reflective surface. 5. No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day's work and at other times when tree operations are suspended for any reason, UPS shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. 6. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately. 7. Whenever UPS's operations require one-way traffic or create a condition (12) hazardous to the public traffic, UPS shall provide and station competent flagmen whose sole duties shall consist of directing the movement of traffic through or around the work. UPS shall also famish such flaggers as are necessary to give adequate warning to traffic or public of any dangerous conditions as included in the various items bid. 8. Under no circumstances will any street be closed to thru traffic unless authorized by the Agency Representative. O. Payment/Monthly Reports: 1. United Pacific will submit all bills to the Governmental Agency by location, work type, additional work, special work, work completion date, pricing, and other appropriate data determined by the contract. 2. Information will be submitted on computer disk format along with hard copies to the appropriate Agency Inspector or as directed by Agency staff. P. Computer Database: United Pacific shall develop and provide electronic media of relational database of the tree inventory in Microsoft Access 2000 or higher and provide front-end Graphical User Interface (GUI) application to display, query and generate reports of the tree data on the ArborPro Software. 2. Tree inventory system database shall be capable of linking to the existing database or to ArborPro tree inventory software. UPS shall incorporate a tree inventory system database, tree inventory software utilizing the ArborPro Database into the Government's database. (13) 4. UPS shall provide not less than two training session in the use and manipulation of the street tree database, with staff to include hands-on demonstrations. 5. As trees are trimmed, removed or replaced under this Contract, UPS shall update the computer database records indicating the date of the most recent service provided and vital statistics of the individual tree. UPS shall update the database on a weekly basis and furnish both a hard copy and a digital copy of the database on a weekly basis. Q. Additional Services: 1. UPS shall perform unscheduled tree trimming/maintenance services of trees not already included in this contract include, but not limited to general tree trimming, aesthetic tree trimming, palm tree trimming, high -voltage line clearance, tree removal, stump removal, root pruning, root barrier installation, and planting of 24-inch and 36-inch box trees or larger, with or without root barriers, removal and disposal of waste materials, and all appurtenant work thereto necessary for the satisfactory completion of the required services. 2. UPS shall transport and dispose of all tree wastes in accordance with all City, County, State and Federal requirements. The disposal site(s) and the procedures to report the total tonnage of the tree wastes shall be the same as those fisted for AB 939 requirements. R. Emergency Services During Work Hours: 1. UPS shall respond to any emergency situation that requires immediate tree trimming/maintenance services. These situations may include, but not limited to tree trimming/removal due to damage inflicted by high winds, storms, floods, traffic collisions, and other emergency call outs. UPS shall respond to these emergency requests within two (2) hours of notification time or as directed by the terms of the contract. 2. Regular Work hours are Monday to Friday from 7:00 a.m. To 4:00 p.m. Payment for any emergency services during work hours shall be made at the (-, 11 (14) contract unit price for the total actual work hours required to complete the assigned tasks and shall include full compensation for all materials, labor, equipment, tools, and incidentals as stated in the bid proposal under section Cost Sheet. S. Emergency Services After Hours: 1. Emergency after hours outside of regular hours, include weekends, holidays And evenings (Monday to Friday, 7:00 p.m. To 7:00 a.m.). The Governmental Agency may call upon UPS to respond to an emergency situation that requires immediate tree trimming/maintenance services. 2. Emergency situations may include, but not limited to tree trimming/removal due to damage inflicted by high winds, storms, floods, traffic collisions, and others emergency call outs. UPS is required to respond to these emergency services requests within two (2) hours of notification time or to the contract specifications. 3. Payment for any emergency services required outside regular working hours shall be made at the Contract Price or at an agreed to price with the Governmental Agency for the total work hours required to complete the assigned tasks and shall include full compensation for all materials, labor, equipment, tools, and incidentals. T. Brochure/letter: U. Photographs: If necessary, UPS will provide the Governmental Agency with a "Public Notice of any Tree Trimming work" for approval before starting any work on the contract. These brochures will be available in both English and Spanish. UPS will supply the Governmental Agency Representative photographs of 'Before and After" tree trimming and/or tree removal or planting that are suitable for reproduction if requested by the Agency. 2. UPS will supply the Governmental Agency representative photographs of any damages that occur to public and or private property or persons within 24 hours ofoccurance. (15) V. Complaint Log: I . UPS will keep a manual complaint log with the locations and names of any and all complaints that could occur in the performance ofthis contract. 2. The complaint log will have the address, name, time, date, type of complaint, action taken, remarks and any other information required to properly document the complaint W.The Governmental Agency's, Special Provisions: REQUEST FOR PROPOSALS for TREE MAINTENANCE/SERVICES AGREEMENT Note: The Agency has special provisions in regards to tree trimming, emergency tree work, tree planting, tree inventory and tree removal within the contract United Pacific Services has incorporated these special provisions into our proposal with the understanding that all free maintenance work performed for the Agency by any and all crews of United Pacific will be govern and directed under and by these special provisions. X. Crews/Equipment: 1. United Pacific will maintain a minimum of a 6 man crew while working on the contract. Each crew will have a minimum of 2 aerial bucket trucks, 1 to 2 chipper trucks, l to 2 tree chippers and 1 to 2 pick-up trucks. Additional equipment includes a roll -off truck, stump grinder, tractor loader, brush chipper, and root prunner. 2. UPS will provide a 24 hour emergency crew(s) ready to respond to any and all related work 7 days per week while under contract within two hours'of notification by the Agency. 3. UPS will provide a Certified Arborists to assist the Agency on any and all matters concerning tree maintenance issues. 4. UPS will provide Certified Tree Workers to the Governmental Agency while work is being performed on the contract.. 5. UPS will provide experience personnel certified to do Electrical Line work as specified in the contract. �: �I (16) Y. Certified Arborist / Certified Pesticide Advisor: l . UPS will provide a Certified Arborist to assist the Governmental Agency on any and all matters concerning tree maintenance and tree related issues including planting, irrigation repair, slope maintenance, tree and hedge maintenance and ground cover maintenance. 2. UPS will provide a Certified Pesticide Advisor / Agricultural Pest Control Adviser to assist and advise the Agency on any and all matters concerning the use of any herbicide and pesticide in the performance of this contract. Z. Traffic Control Plan: UPS shall prepare and submit a Traffic Control Plan for project work on the contract. The Traffic Control Plan shall be submitted to the appropriate Government Department. 2. UPS shall obtain and pay for all Traffic Control Permits. In addition UPS shall obtain all other permits incidental to the work, or made necessary by its operation, including but not limited to, those permits required for night work and demolition (tree removal). A.A. "On Call" Messages - Cell Phone Communication: 1. "On Call" Messages shall be telephonic messages transmitted by the Governmental Agency's authorized representative to UPS describing tree maintenance or other work to be accomplished under this Contract. All such telephonic messages will be followed by confirming facsimile (fax) and/or electronic mail (e-mail) messages. 2. UPS's authorized representative shall be personally available to receive such telephonic, fax, and e-mail messages from the Government's , Project Inspector or his authorized representative seven days per week during regular daytime work shifts, and shall have an answering service and/or equipment to receive and record such messages at all other times, 24 hours a day 7 days a week. (17) 3. UPS shall submit a written response, via fax and/or e-mail, and a telephonic response to each "On Call" message no later than the working day following the day the telephonic "On Call" message was received. The UPS response shall include confirmation of schedule or proposal of alternate schedule. 4. UPS shall provide a Mobil Cell phone to the Authorized Project UNITED PACIFIC CITY OF RANCHO C PLANT 48" BOX PAI 04/15109 BB. Emergency phone and cell numbers: United Pacific Services Gus Franklin, President Eric Franklin, Vice President Jack Mooring, Vice President / General Manager Tony Gomez, Field Supervisor ,' �I. (18) Inspector in order to communicate with UPS staff. This Cell phone will be linked and be able to communicate with 15 cell phones to all UPS Managers and crew foreman 24 hours per day 7 days per week. Office Fax Home Cell Home Cell Home Cell Home Cell (562)691-4600 (562) 691-8839 (562)691-1844 (562) 254-0749 (714) 637-5125 (562) 254-0746 (714) 525-8821 (562) 254-1196 (323)566-2127 (562) 254-0067 UNITED PACIFIC SERVICES Mobile Radio Contact Governmental Agency C .4 Gus Franklin (562) 254-0749/ 10 Jack Mooring (562) 254-11 Z/ 31 Luis Geoua (562) 244-5814 Jose Torres (562)254-1134 7 Johnny Atkins (562) 254-3160 5 Fernando Herrera (562)254.3924 19 Ramon Chavez (562) 254-0075 MOBILE UNIT NUMBERS 20 244-2632 NNS 6 Leo Ramirez 12(562) 259-3118 Tony Gomez (562)254-1903 11 Ignacio Gomes (562)254-3446 17 rb Shaw 2)254-2884 T 22 Enrique Gutierrez (562)254-3117 IT 16 Esteban Cobeizsititla 21 (562) 244-0962 Charles Alexander (562)254.7812 24 Hour Emergency Monday to Friday Saturday / Sunday CELL PHONE NUMBERS EXHIBIT B EXHIBIT B FEES Contractor shall be paid an amount not to exceed $25,000.47 annually to perform the Services described in Exhibit A in accordance with the Cost Schedule, a copy of which is attached hereto and incorporated as referenced. Contractor shall invoice City by the 15' of each month for Services provided under this Agreement. Invoices shall include the period for which Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets and other supporting documents as City may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in dispute shall be withheld until resolution. ATTACHMENT B PROPOSED BIDDING SCHEDULE TREE TRIMMING Trim Indian Laurel trees annually. Remaining inventory shall be tiimmed annually at the City of Vemon's discretion. ITEM UANITY UNIT PRICE TOTAL PRICE Indian Laurel 243 $ 44.29 $ 10 762.47 Remainintlowntory 339 $ 42.00 $ 14.238.00 Grand Total Annual Cost $ 25,000.47 ADDITIONAL SERVICES - TRIlVIIVIING ITEM QUANITY UNIT PRICE ' TOTAL PRICE Carrot Wood 343 $ 42.00 $ 14,406.00 Indian Laurel 243 $ 44.29 $ 10,762.41 Lemon Bottlebmsh 145 $ 42.D0 $ 6,090.00 Ornamental Pear 84 $ 42.DO g 3,528.00 Evergreen Pear 60 $ 42.00 $ 2,520.00 Crape Myrde 58 $ 42.DO $ 2,436.00 American Sweetgum 57 $ 42.00 $ 2 394.00 Water Gum 30 $ 42.00 $ 1,260.00 FasternRedbud .25 $ 42.DO $ 1,050.00 Sweet Shade 25 $ 42.00 $ 1,050.00 Firewheel Tree 23 $ 42.00 $ 966.00 Hong Kong Orchid Tree 11 $ 42.00 $ 462.00 Mexican Fan Palm 10 $ 42.00 $ 420.00 Miscellaneous Species 49 $ 42.00 Is 2,058.00 ADDITIONAL SERVICES ITEM 1: Complete Tree & Stump Removal: Cost (Per Tree): 250.00 ITEM 2:. Stump Removal: Cost (Per Tree): 95,00 ITEM 3: Root Pruning: Cost (Each): 95,00 ITEM 4: Tree Planting: 15 gallon with root barrier: Cost (Each): 135_ 00 ITEM 5: Tree Planting: 15 gallon without root barrier: Cost (Each): i rn 00 ITEM & Tree Planting: 24 inch box with root barrier: Cost (Each): 295.00 ITEM 7: Tree Planting: 24 inch box without root barrier: Cost (Each): 250.00 ITEM 8: Watering: Cost (Day): 420.00 ITEM 9: Crew Rental — 3 men, aerial unit, dump truck and chipper: Cost (Hour): 150.00 ITEM 10: Emergency Work Call Out — 3 men, aerial unit, dump truck and chipper: os our: 910.00 — 2 ITEM I : Tree Inventory and Record Keeping System: Cost (Annually): p CHAR E In addition to the Bidding Schedule, the contractor shall provide a rate schedule for labor and equipment, and provide mark-up rates for materials. All work shall be performed on a time and materials basis; in accordance with the rate schedule provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to separately bid any required work. Submitted by: UNITED PACIFIC SERVICES, INC. Address: 120 E. La Habra Blvd., STE 107 La Habra, CA 90631-2310 SignatureX.GUS nkli President * See following page for Fee Schedule for Additional Services S Equipment Fee Schedule for Additional Services & Equipment United Pacific Services, Inc. (UPS) is otlering the city additional service. This additional cost is based on doing a Crown Restoration or Reduction on the city's Ficus Trees. Upon doing an inspection of the city's Urban Forest we noticed that many of the Ficus Trees are against buildings and against cable lines. Even though these trees are trimmed on an annual basis they have not been reduced in height and spread. Therefore we offering the city an option to do Crown Restoration or Reduction on those ficus trees that are encroaching against private property and transmission lines throughout the city. Our cost to do this additional work is based on the hourly rate we bid on the contract for a three man crew. In addition we are offering the city the use ofsome additional Specialized Equipment based on our unit prices and hourly rate on the bid page. A- 11.kmg Innn 9' n,n m,It wmkN In IS mer rnnmr�y> R•Crn.rn Ites101n11nn a1 Rldulfl frnm2-A mJS% (:� Meilmnm 25% RI,W ian M Mnilmum M% IedntM , CI'0tell" Rirve T.nn ADDITIONAL EQUIPMENT: (Cost included in unit prices and hourly rate on bid pages while trimming or removing trees in the City of Vernon) 1.) 95'Ili, anger AerialTruck No charge 2.) lnlcinationalRoll-ol'rrnick Nochnrge 3.) 22' Roll-offcontainer No charge 4,) 125' Crane No charge 5.) 55' Crane No charge 6.) ICB Traclor Loader with Grapple No charge 7.) 1900 Vermeer Chipper - 170hp with wench No charge R.) Low Bed "I'rnilcr - 40' No charge 9.) Bob Cal Loader with grapple No charge I0. portable Steam Cleaner No char e CortilSed Arbor isl' Report $75.00 per hour Ficus'hec Crown Restoration of Reduction $50.00 per man horn. EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. _ SUPPLEMENT NO. SHEET OF _ SHEETS PROJECT: P.O. NO. TO: CONTRACTOR REQUESTED BY: Cily of Vernon You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount Base Bid ............................................... $ Amount of This Change Order I ............................................. $ Amount of Previous ChanLe Orders I ......................................... $ Total Chan e Orders I .................................................... $ Modified Contract Amount $ By reason of this change order the time of com letion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk - We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By Title: Rev. 03/10 EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS Minimum Livina Waaes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90M Telephone (323) 583-8811 September 24, 2012 Gus K. Franklin, President United Pacific Services, Inc. 120 E. La Habra Blvd., Suite 107 La Habra, CA 90631 RE: Services Agreement for Urban Forest Management Services Dear Mr. Franklin: The insurance requirements have been met. Transmitted herewith is a fully executed original agreement as referenced above, approved by City Council on September 18, 2012, through Resolution No. 2012-181. If you have any questions, please contact Kevin Wilson at (323) 583-8811 extension 245. Thank you. Sincerely, Ana Barcia Deputy City Clerk AB:jo Enclosure c: S. Kevin Wilson Purchasing Department Resolution No. 2012-181 Agreement File No. 12-099 E)Ccfusrvefy industriaf SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED PACIFIC SERVICES, INC. FOR URBAN FOREST MANAGEMENT SERVICES Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE United Pacific Services, Inc. Gus K. Franklin, President United Pacific Services, Inc. 120 E. La Habra Blvd., Suite 107 La Habra, CA 90631 Attention: Gus K. Franklin, President Phone: (562) 691-4600 ext. 225 Facsimile: (562) 691-883.9 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Kevin Wilson, Director of Community Services & Water Telephone: (323) 583-8811 ext. 245 Facsimile: (323) 826-1435 September 18, 2012 September 18, 2015 Total not to exceed $90,000.00 (includes all applicable sales tax); and more particularly described in Exhibit B Three (3) years SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED PACIFIC SERVICES, INC. FOR URBAN FOREST MANAGEMENT SERVICES THIS AGREEMENT is made and entered into as of September 18, 2012 ("Effective Date"), by and between the City of Vernon, a California charter City and California municipal corporation ("City"), and United Pacific Services, Inc., a California corporation ("Contractor"). City and Contractor are collectively referred to herein as the "Parties." RECITALS A. City desires to have certain annual services provided for the maintenance, removal, and replacement of trees, as required, within the City's Urban Forest as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit A. B. Contractor represents it is qualified and capable of furnishing the labor, materials, and expertise necessary to perform such services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: Section 1. Term and Time of Performance. (a) This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. Section 2. Performance. (a) Contractor shall perform the services and tasks described and set forth in the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed upon in writing signed by both Parties priorto performance of those additional services. (b) Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all Services under this Agreement in accordance with the standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality as the City under similar circumstances and in a manner reasonably satisfactory to City. Contractor shall at all times comply with the highest ethical standards when performing Services for the City. (c) Contractor shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its Services pursuant to this Agreement. Contractor shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by failure of Contractor to comply with this section. (d) Contractor will not be compensated for any work performed not specified in Exhibit A unless City authorizes such work in advance and in writing. Section 3. Compensation. (a) City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services and any supplies or goods required by this Agreement, a sum not to exceed the Consideration set forth on the Cover Page and more particularly described in Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services as well as for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery, tax, assembly, and installation, as applicable). (b) There shall be no claims for additional compensation for reimbursable expenses and Contractor shall not be reimbursed for any additional expenses. (c) Change in the scope of services, duties, obligations, durations or total compensation, shall be by written authorization only by the City. A form of Change Order is set forth in Exhibit C attached hereto and incorporated by reference. Section 4. Method of Payment. City shall pay Contractor the Consideration in accordance with the Cost Schedule set forth in Exhibit B. Section 5. Responsible Principals. (a) Contractor's Responsible Principal set forth on the Cover Page shall be principally responsible for Contractor's obligations under this Agreement and shall serve as principal liaison between City and Contractor. Designation of another Responsible Principal by Contractor shall not be made without prior written consent of City. (b) City's Responsible Principal shall be the City Administrator or his designee who shall administer the terms of the Agreement on behalf of City. Section 6. Personnel. (a) All persons performing Services shall have all the necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Agreement or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. (b) Contractor represents that it has, or shall secure at its own expense, all personnel required to perform Contractor's Services under this Agreement. All personnel engaged in the work shall be qualified to perform such Services. Section 7. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license. Except as provided herein below, Contractor shall obtain and pay for all permits and licenses required by federal, state or local law, rule or regulation. Costs for obtaining City licenses and permits required under this Agreement shall be waived. Section 8, Access. Contractor shall comply with all reasonable access and other restrictions that City may impose. No access to City property for performance of the Services shall be permitted prior to delivery to City of proof of insurance paid and maintained by Contractor. Section 9. Contractor's Duties and Representations. Contractor represents, covenants and agrees as follows: (a) There are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Services. (b) Contractor presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. No person having any such interest shall be employed by or be associated with Contractor. (c) There is no litigation pending against Contractor and Contractor is not the subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to its actual knowledge, have been convicted of a felony. Section 10. Independent Contractor. (a) Contractor is and shall at all times remain, as to City; a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or.any of its officers, employees, or agents are in any manner officers, officials, employees, agents, or volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. (b) No employee benefits shall be available to Contractor or its officers, employees, or agents in connection with the performance of this Agreement. Except for Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. City shall not be liable for compensation or indemnification to Contractor or its officers, employees, or agents for injury or sickness arising out of performing services hereunder. (c) Contractor agrees to pay and be responsible for paying all Federal, State and local taxes for compensation received by Contractor from City while performing services for City. Section 11. Termination. (a) Termination Right. City may, at any time, for any reason or for no reason, with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5) calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. (b) In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid based on the 4 percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. (c) Actions Subsequent to Termination. In the event of termination of this Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below, to City within thirty (30) days after the termination of this Agreement. Contractor shall also take all such other action as City reasonably requires and shall cooperate with City to effectuate an orderly and systematic termination of Contractor's duties and activities hereunder. (d) All of the terms and conditions in the Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. Section 12. Limitation of City's Liability. City's liability on any kind of claim for any loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no case exceed the amount that would be paid to Contractor for the full performance of the services required by this Agreement. In no event shall City be liable for anticipated profits or for incidental, consequential or punitive damages. City shall not be liable for penalties of any description. Section 13. Confidential Status: Disclosure of Information. (a) Confidential Status; Disclosure of Information. All data, customer information, business practices, business methods, privileged information, trade secrets, financial statements, floor plans, designs, blueprints, maps, surveys, drawings, models, reports, correspondence, logs, documents, materials or other information developed or created by Contractor, received by Contractor, revealed to Contractor, or provided to Contractor for the performance of this Agreement ("Confidential Information") are deemed confidential and shall not be disclosed by Contractor to any third party without City's prior written consent. City reserves all rights to Confidential Information. City shall grant consent if disclosure is legally required. All Confidential Information shall be returned to City upon completion or termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. City may disclose to third parties any Confidential Information at its sole discretion. (b) Contractor's obligation not to disclose any Confidential Information shall not extend to information that: i. was in the possession of, or was rightfully known by, the Contractor without an obligation to maintain its confidentiality prior to receipt from City; this Agreement; ii. is or becomes generally known to the public without violation of iii. is obtained without an obligation of confidentiality by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or iv. information which is required to be disclosed pursuant to any court order or directive having the force of law. 5 Agreement. (c) The provisions of this section shall survive the termination of this Section 14. Technical Materials. City reserves all rights to any and all tools, dies, patterns, plates or other similar technical materials furnished or paid for by City, and Contractor shall use such materials in strict confidentiality and shall return the same to City at its. request upon completion or termination of this Agreement. Contractor shall not copy'or otherwise use any such materials for any purposes other than the completion of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Section 15. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for Records Retention Period. City shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Section 16. Default. Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is.in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. Section 17. Indemnification. Contractor agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees, agents, and volunteers from and against any and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties, fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise out of, result from, or are in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the sole negligence or willful misconduct of City, its officers, officials, employees, agents, or volunteers. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT AND SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION. The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 18. Insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents. (b) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Contractor or Contractor's officers, employees, or agents in performing the services required by this Agreement. (c) Contractor agrees to maintain in force at all times during the performance of work under this Agreement workers compensation insurance as required by law. (d) Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of Excess Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (a) Contractor shall at all times during the term of this Agreement carry, maintain and keep in full force and effect, a policy or policies of Pollution Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, and provide policy coverage and terms at least as broad as those required in the primary insurance. (f) Contractor shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement. (g) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a B+; VII in the latest edition of Best's Insurance Guide. (h) Contractor agrees that if it does not keep the aforesaid insurance in full force and effect City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (i) At all times during the term of this Agreement, Contractor shall maintain on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City Attorney and Risk Manager, along with a copy of the policy declarations page for each policy showing that the aforesaid policies are in effect in the required amounts. Upon request by City, Contractor shall cause its insurers to issue certified copies of the insurance policies evidencing that the coverage and policy endorsements required under this Agreement are maintained in force. Contractor shall, prior to commencement of work under this Agreement, file with the Risk Manager, such certificate or certificates and a copy of the policy declarations page for each policy. The policies of insurance required by this Agreement shall contain an additional insured endorsement naming the City, its officers, officials, employees, agents, and volunteers as insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to City, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. 0) The insurance provided by Contractor shall be primary to any coverage available to City, and any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation. Contractor hereby waives all rights of subrogation against City, its officers, officials, employees, agents, and volunteers. (k) Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 19. Certification. In accordance with the provisions of Section 3700 of the Labor Code, Contractor shall secure the payment of compensation to Contractor's employees. By executing this Agreement, Contractor certifies the following: Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. Section 20. Standard Specifications. The work done pursuant to this Agreement shall be done in accordance with the provisions of the most current edition of "Standard Specifications for Public Works Construction" (commonly known as "the Green Book") including Supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California, which specifications are hereinafter referred to as the "Standard Specifications." The provisions of these Standard Specifications shall apply to the work performed under this Agreement, unless different standards are specified in Exhibit A or agreed to in writing by the City. Section 21. Compliance with Laws. Contractor shall keep itself informed of and comply with all Applicable Laws, including without limitation, the Fair Labor Standards Act, the Occupational Safety and Health Act and all those Applicable Laws relating in any way to employment practices and protection of the environment. Contractor shall not discriminate against any employee or any applicant for employment for reasons of race, color, creed, religion, sex, sexual preference, age or national origin. For purposes of this section, "Applicable Laws" shall mean any and all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of any governmental entity or agency having jurisdiction that are applicable to any aspect of this Agreement that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. Section 22. Enforcement of Wage and Hour Laws. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/ times the basic rate of pay. Living Waaes. In addition, Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City F] contracts. The Current Living Wage Standards are set forth in Exhibit D. Upon request, certified payroll shall be provided to the City. Section 23. Materials and Workmanship. City shall have the right to inspect any material used. Material furnished shall be new, complete, ready -for -use and of the latest model, shall not have been used in demonstration or other services and shall have all the usual equipment as shown by its manufacturer's current specifications and catalogs, unless otherwise specified. Equipment, supplies or services that fail to comply with the Agreement requirements regarding design, material or workmanship may be rejected at the option of City. Any materials rejected shall be removed from City premises at the Contractor's sole expense. Section 24. Assignment of Unfair Business Practices. Contractor and its subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. Section 25. Assignment and Subcontracting. Contractor shall not assign or attempt to assign any portion of this Agreement, or subcontract any required performance hereunder, without the prior written approval of City. Any assignment or subcontract made in violation of this section is invalid and void. In the event City grants written approval to Contractor to subcontract work under this Agreement, Contractor is prohibited from using a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 26. Arbitration and Venue. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Los Angeles, California. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the arbitrator shall provide written reasons for their decision. The arbitration decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this Agreement. Notwithstanding the foregoing, the parties shall be permitted to access the court system to enforce any arbitration award. The exclusive jurisdiction and venue under this Agreement shall be the Superior Court of California, Los Angeles County. Section 27. Attorneys Fees. In the event a dispute, claim or litigation arises regarding this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by the arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 28. Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Section 29. Entire Agreement and Modifications. This Agreement, including attachments incorporated herein by reference, represents the entire integrated agreement and understanding between the Parties, and supersedes all prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral. This Agreement may only be modified in writing and signed by both Parties. Section 30. Waiver. The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it may have hereunder operate as a waiver of any breach or default of such a right. The failure of either party to this Agreement to exercise any of its rights under this Agreement does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 31. Force Maieure. Neither party shall be considered in default of any of its obligations under this Agreement when a failure of performance shall be due.to an uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 32. City Not Obligated to Third Parties. City shall not be obligated or liable under this Agreement to any party.other than Contractor. City shall timely notify Contractor of the receipt of any third -party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing the notification required by section. Section 33. Notices. All notices, approvals, consents and other communications between the Parties shall be in writing, and shall be sent by certified mail (return receipt requested) or other delivery service which provides evidence of delivery, using the address set forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as appropriate, or at such other address as may be furnished by either party to the other in writing. Mailed notices will be deemed communicated as of the day of receipt. Section 34. Cover Page and Exhibits. The Cover Page and all documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. Section 35. Headings. Headings used in this Agreement are for convenience and ease of reference only and shall not affect the interpretation of the Agreement. Section 36. Survival of Terms. All of the terms and conditions in this Agreement related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive termination of this Agreement. 10 Section 37. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and shall in no way be affected, impaired or invalidated. Section 38. Authority to Execute This Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations under this Agreement. [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City and California municipal corporation United Pacific Services, Inc., a California corporation BY: �. By: William Davis, Mayor Pro-Tem Name: Title: ATTKST WWI XX3i Dana Reed, Acting City Clerk APPRO D AS TO FORM: KiIla§d G. Yamigdchi, 'hief Deputy City Attomiey By: - ;;� �n�ae Name: Eric L. Franklin Title: Assit. Secrets / Vice President 12 EXHIBIT A EXHIBIT A SCOPE OF SERVICES Contractor shall perform the services described in the proposal dated August 2, 2012, on behalf of the City. A copy of the Work Plan provided for in the proposal is attached hereto and incorporated by reference. QUALITY CONTROL PLAN Work Plan Tab 5 submitted by: UNUED PACIFIC SERVICES, INC. Quality Control Plan TABLE OF CONTENTS m CHECK LIST I. ,/ Management Team...................................................................................... 2. ✓ Daily -Weekly Supervision.......................................................................... 3. ✓ Work Schedule.....................................:...................................................... 4. ,/ Tree Work Performed.................................................................................. 5. V Hours of Work............................................................................................ 6. / Clean-up...................................................................................................... 7. / Equipment of Job Site.................................................................................. 8. / Labor / Pay Scale......................................................................................... 9. Safety Requirements .................................................................................... 10. Best Management Practices (BMP)............................................................. 11. Project Safety Official.................................................................................. 12. / Disposal of Material.................................................................................... 13. / Compliance with Laws & Regulations........................................................ 14. / Drug Free Work Place................................................................................. 15. Public Safety / Traffic Control.........................................................:.......... 16. ,/ Payment / Monthly Reports......................................................................... 17. ✓ Computer Database....................................................................................... 18. V Additional Services...................................................................................... 19. ✓ Emergency Services During Work Hours ................................................... 20. ✓ Emergency Services After Hours................................................................ 21. ,/ Brochure / Letter.......................................................................................... 22. / Photographs..........................................:....................................................... 23. Complaint Log.............................................................................................. 24. Special Provisions......................................................................................... 25. ,/ Crews / Equipment....................................................................................... 26. ✓ Certified Arborist / Certified Pesticide Advisor ........................................... 27. / Traffic Control Plan..................................................................................... 28. ✓ "On Call" Messages...................................................................................... 29. Emergency "Home" Phone Numbers.......................................................... 30. / Communications / Cell Phones................................................................... Section Page A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z. AA. BB, CC. 2 3,4 4 5,6,7 7,8 8,9 9 9 9,10 10 10,11 11 I1 11,12 12,13 13 13,14 14 14 14,15 15 16 15,16 16 16 17 17 17, IS 18 19 QUALITY CONTROL PLAN Management Team United Pacific Services, Inc. (UPS), has assigned Jack Mooring and Tony Gomez as Supervisors to the tree maintenance project for the Governmental Agency (Agency). Overseeing the project will be Eric Franklin, Vice President of Operations. 1.) Mr. Jack Mooring, Vice President / General Manager has over 20 years experience in Tree maintenance projects and is a LSA.Certified Arborist (# WC-0905), I. S.A. Certified Tree Worker (#WC-403), Certified by the National Arborist Association (#NAA-03268) and Certified in Cardio-Pulmonary Resuscitation (#AHA-24194). Currently he is supervising various contracts with the County of Los Angeles, County of Riverside, City of Fountain Valley, and the City of Long Beach. 2.) Mr. Tony Gomez is are current on -site Crew Manager/Foreman for our current contract with the City of Simi Valley and has many years experience of supervising the completion of numerous governmental tree maintenance contracts including the City of Simi Valley. Mr. Gomez is an L&A. Certified Tree Worker (#1617). Mr. Gomez will be overseeing the project and will also be actively involved in the city's tree inventory program. Mr. Gomez has supervised the completion of tree and landscape maintenance contracts for over 35 municipalities and two counties in Southern California. Currently he his in charge of our contract with the City of Simi Valley, City of Long Beach and the County of Riverside. 3.) Mr. Eric L. Franklin, Executive Vice President will be overseeing the project. Mr. Franklin has supervised the completion of landscape and tree maintenance contracts for over 45 municipalities in Southern California. Mr. Franklin is a IS.A. Certified Arborist (#WC-2158), Certified by the National Arborist Association (#NAA-03265), and Certified in Cardio-Pulmonary Resuscitation (#AHA-24191). Mr. Franklin is also a Certified Arborist/Utility Specialist by the LS.A. 2. Mr. Franklin, Mr. Mooring, and Mr. Gomez have full authority to make any and all decisions concerning additional tree work and represent United Pacific in all decisions concerning this project. They can immediately make decisions on the job site and have the authority to execute any agreement concerning additional tree work or changing a work order or responding to any type of service request call. MANAGEMENT TEAM PROJECT SUPERVISORS: Jack Mooring - Tony Gomez PROJECT DIRECTORS: Eric Franklin - Gus Franklin (owner) PERFORMANCE OF WORK A. Daily - Weekly - Monthly Supervision: Report to Government representative on a daily basis if performing work on the contract. 2. Supervise tree maintenance crews to maintain quality control. 3. Supervise planting crew to maintain proper quality control. 4. Supervise tree removal crew to maintain proper quality control. 5. Supervise traffic control. 6. Report any damages or injuries within one hour of occurrence. 7. Immediately respond to any public complaints or questions concerning project within one hour of occurance or as directed by Staff 8. Final inspection of work to insure proper clean-up on a daily basis. 9• Maintain daily records of hours worked by each employee and work completed. 10. UPS's authorized representative shall meet with the Government representative for the purpose of reviewing the week's work, receiving special instructions, and to discuss any problems encountered on the job. Also UPS shall on each Friday submit to the Governmental Agency a weekly copy of daily work reports throughout the tern of the contract or as directed by staff. In addition, UPS shall advise the representative of (3) the following Week's schedule. Daily work records shall be formatted for easy translation in the Government's program or computer software or as directed by staff. 11. UPS will notify the Governmental Agency of any changes in start date of each maintenance operation at least 24 hours in advance. Should UPS discontinue work for any reason, the Governmental Agency must be notified immediately as to the rationale behind the shut -down and the restarting date of operations. B. Work Schedule: 1. UPS will start the tree maintenance project within ten (10) working days of award of contract or as directed by staff. UPS will, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order, location, and completion of work based on the information provided by the Government representative. 2. UPS will notify the Governmental Agency of the work schedule on a daily and weekly basis. This schedule will be submitted for approval in writing at least 72 hours prior to the commencement of any work on the contract or as directed by the Agency representative. 3. UPS must notify the public 24 to 72 hours in advance prior to restricting street parking or access to work area. UPS will post No -Parking signs with date of work to be performed including notification of tree trimnvng, tree planting, or tree removal on each sign only with authorization by the Agency. 4. As soon as notified by the Governmental Agency of award of contract UPS will meet with the Agency Representative to develop a preliminary work schedule for accomplishing the work on a weekly and monthly basis or as directed by the Agency staff. Tree maintenance -schedule will be modified, as necessary, during the course of the contract, based on the tree maintenance needs. (4) C. Tree Work Performed: Tree work performed will be according to the latest edition of the Pruning Standards of the Western Chapter ISA and to the International Society of Arboriculture Tree Pruning Guidelines, 1995 and to the American National Standards Institute (ANSI) A300-1995 and any Governmental Agency specifications. 2. Trees shall be trimmed, shaped and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of (13) feet over the roadway and/or adjacent curb and nine (9) feet over walkways and/or pavement or as required by the Governmental Agency. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights and/or adjacent structures by 5 feet in all directions. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, 1 /2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly. 3. UPS will maintain a written log of all complaints including the date, (5) I time of occurrence, location, problem, and action to be taken pursuant thereto or reasoning for non -action. Log is to be reviewed by the Government representative at the end of each day or as directed by the Agency. Pictures are to be taken at time of incident. 4. UPS will maintain good public relations at all times. Work will be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed with employees that are experienced in tree work and supervised by a Certified Arborists. 5. Hazardous Tree Notifications: UPS will report to the Governmental Agency Arborist / representative any tree defects or hazardous trees within 2 hours. 6. Any activities found by the Governmental Agency to be unacceptable will be rectified immediately. All other complaints shall be abated within 24 hours of occurrence by UPS. 7. UPS will be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. The Government's authorized representative will serve as mediator between the contractor and public if property or vehicular damage should occur during the course of work. Sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. 8. UPS will exercise precaution as necessary when working adjacent to aerial utilities. In the event that aerial utility wires present a hazard to UPS's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified by UPS. UPS willonly employ employees that are certified in electrical line clearing thra the ACRT, Inc. Institute of Arboriculture and Urban Forestry under their Electrical Awareness Program. This certification is recognized by the National Arborist Association and meets all Federal Cal -OSHA regulations. 9. Sprinkler repair will be made immediately. All UPS Supervisor's trucks are equipped to handle most sprinkler repairs as they occur. (6) 10. No hooks, gaffs, spurs or climbers will be used by anyone employed by UPS for tree trimming without the express written approval by the Governmental Agency. Plants or other material growing on the trees shall be removed at ground level at time of tree trimming. 11. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth. 12. When trimming fungus, diseased or fire blight -infested limbs or palm fronds, all pruning tools shall be cleaned after each cut with an approved disinfectant especially palm trees within the work area. All palm trees trimmed shall be to I.S.A. Specifications and as directed in Bid Proposal. 13. UPS will not top any tree in the work area except by specific direction from the Agency's department . representative. D. Hours of work: 1. UPS will observe all holidays recognized in the contract specifications and shall provide inspection for a 40 hour workshift (7:00 a.m. to 4:00 p.m.or as directed by the contract) Monday through Friday. No maintenance functions that generate excessive noise which would cause annoyance or interference to public of the area shall not be commenced before 7:00 a.m. UPS shall reimburse the Governmental Agency at rates established by the Contract for inspection in excess of the foregoing, including legal holidays. This shall be a deduction from final payment. 2. Night, Saturday, Sunday, and Holiday Work: No work shall be performed at night, on Saturdays, Sundays, or on the eleven legal holidays, to wit: New Years Day, President's Day, Dr. Martin Luther King Day, Memorial day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day, the Friday following Thanksgiving Day, Christmas Eve, and Christmas. This does (7) not apply to emergency work or special conditions and/or events or as directed by the Agency Representative. UPS will schedule operations in accordance with the business hours and Representative. NO WORK SHALL BE PERFORMED WITHOUT THE PERMISSION OF THE PUBLIC WORKS DIRECTOR OR THE FACILITIES AND LANDSCAPE DIVISION OR HIS/HER REPRESENTATIVE FOR All Governmental Agencies. 3. Before performing any work at said times, UPS shall give notice to the Governmental Agency so that proper inspection may be provided and so that appropriate noise and lighting standards may be imposed. "Night," as used in this paragraph, shall be deemed to include the hours from 5:00 p.m. to 7:00 a.m. of the next succeeding day. 4. No maintenance functions that generate excess noise which would cause annoyance to the public in the area shall be commenced before 7:00 a.m. A noise level limit of 75 decibels at a distance of twenty-five feet applies to all tree equipment on or related to the job operated by UPS crews. 5. The general hours of operation shall be 9:00 AM to 2:00 PM on major streets and 7:00 AM to 4:00 PM on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise. The days of operation shall be Monday through Friday under the guidelines established in the Bid Proposal. The Governmental Agency's authorized representative shall determine the work hours for each area based on the possibility of changing or special conditions. E. Clean - up: UPS shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. 2. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, grass, leaves, debris or equipment be left on the street overnight unless authorized by the Agency's Representative, her/his designee. F G. MI Agency's authorized representative, shall be the sole judge as to the adequacy of the clean up. Equipment on job site: 2. 3. Aerial equipment will be certified. Said test and / or examination will be met with the requirements of the State of California, Division of Occupational Safety and Health, G.I.S.O. Title 8, G.I.S.O. Title 8, Article 24-3636 through 3648 and all referenced applicable A.N. S.I. Standards contained therein. UPS employees are enrolled in the Department of Motor Vehicles Employee Pull Notice Program Equipment is inspected daily with full maintenance every 12 weeks. Labor / Pay Scale: Pay scale is based on the Prevailing Wage Rates as required in the State of California under Section Titled: Tree Trimmer / Groundmen of labor code section 1771. Only if required by the Governmental Agency 2. UPS employs a well balanced ethnic crew (85% minority) and firmly believes in equal employment opportunities for all employees. 3. UPS cross trains its employees and offers opportunities in all phases of the work during the tree maintenance project. 4. UPS shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her in connection with the tree maintenance project. Safety Requirements: 1. UPS will observe all applicable CaUOSHA and Public Works safety requirements while working on the contract. 2. UPS employees shall be required to wear safety equipment such as glasses, gloves, head gear, skin creams, respirators, etc. (9) 3. UPS crews / employees shall be uniformed with safety orange shirts or safety orange reflective vests with dark blue pants while performing tree maintenance operations on the contract. Gang attire, gang affiliation symbols, loose clothing, etc., shall not be permitted. 4. UPS crews / employees shall be prolubited from any type of horseplay, shoving, pushing, etc. This type of behavior will not be tolerated by UPS. All UPS crews / employees must conduct themselves in such a way that creates a good public image. All contact with the public and Public Works employees shall be made in a courteous and businesslike Manner. I. Best Management Practices: 1. UPS shall implement the following BMP's for the prevention of storm water pollution in conjunction with all its activities and operations while working on the contract. 2. Waste Management a. Solid Waste Management b. Hazardous Waste Management C. Sanitary / Septic Waste Management 3. Vehicle and Equipment Management a. Vehicle and Equipment Cleaning b. Vehicle and Equipment Fueling C. Vehicle and Equipment Maintenance 4. Training a. Employee / Subcontractor Training J. Project Safety Official: 1. UPS shall designate in writing a Project Safety Official who shall be thoroughly familiar with the UPS Injury and Illness Prevention Program (IIPP) and Code of Safe Practices (CSP). () 11 (10) 2. UPS shall make available at all times its Project Safety Official to abate any potential safety hazards and he will have the authority to shut down an operation, if necessary. K. Disposal of Materials: 1. All tree branches, grass, limbs, and any type of greenwaste produced as a result of UPS's operations will be recycled into a soil amendment. PA 3. Weight slips or load slips for all material removed from the tree maintenance project will be submitted once a month as proof of final disposal to a recycling facility.for documenting reusage per AB 939 All tree branches chipped and/or mulched shall be made available free of charge to the Governmental Agency. 4. All tree trimming material shall be disposed of at the Greencycle greenwaste recycling facility site located at 12815 E. Imperial Hwy., in the City of Santa Fe Springs. UPS shall pay the cost for all debris removed from the project. L. Compliance with Laws and Regulations: 1. UPS shall keep employees fully informed of and shall observe and comply with, and shall cause any and all persons employed to observe and comply with, all State, Federal, County and City, laws, ordinances, regulations, orders, and decrees which in any manner affect the conduct of the work. M. Drug Free Workplace: 1. UPS will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibitions. 2. UPS has established a Drug -Free Awareness Program to inform employees about the dangers of drug abuse in the workplace. 3. UPS's existing policy of maintaining a drug -free workplace and the penalties that will be imposed upon employees for drug abuse violations occurring in the workplace. Taking appropriate personnel action against such an employee, up to and including termination. N. Public Safety / Traffic Control: 1. UPS shall furnish, erect and maintain such lights, barricades, bridges and other devices as required by the City, State, Federal, and County "Public Safety" of the Standard Specifications. Should the Governmental Agency point out the inadequacy of warning devices or should the City approve the location of warning devices, such action shall not relieve UPS of responsibility for public safety, nor abrogate UPS's obligation to furnish and pay for these devices. 2, All construction signs to be used on the job site and on the approaches to the job site shall conform to those standards set forth by the State of California, Business and Transportation Agency, Department of Transportation, Manual of Traffic Controls, latest edition and WATCH (Work Area Traffic Control Handbook). 3. Barricades shall be effectively reflectorized by having not less than one-half of the top board of the barricade covered with reflectorized sheeting surface or two 3-inch diameter reflector units. All other types of delineators shall have reflectorized sheeting, other reflective surfacing, or 3-inch unit reflectors. 4. All warning flashers shall be kept in good working order and each flasher shall have some type of reflective surface. 5. No material or equipment shall be stored where it will interfere with the safe passage of public traffic, and at the end of each day's work and at other times when tree operations are suspended for any reason, UPS shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. 6. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately. 7. Whenever UPS's operations require one-way traffic or create a condition (12) hazardous to the public traffic, UPS shall provide and station competent flagmen whose sole duties shall consist of directing the movement of traffic through or around the work. UPS shall also furnish such flaggers as are necessary to give adequate warning to traffic or public of any dangerous conditions as included in the various items bid. 8. Under no circumstances will any street be closed to thru traffic unless authorized by the Agency Representative. O. Payment/Monthly Reports: 1. United Pacific will submit all bills to the Governmental Agency by location, work type, additional work, special work, work completion date, pricing, and other appropriate data determined by the contract. 2. Information will be submitted on computer disk format along with hard copies to the appropriate Agency Inspector or as directed by Agency staff. P. Computer Database: United Pacific shall develop and provide electronic media of relational database of the tree inventory in Microsoft Access 2000 or higher and provide front-end Graphical User Interface (GUI) application to display, query and generate reports of the tree data on the ArborPro Software. 2. Tree inventory system database shall be capable of linking to the existing database or to ArborPro tree inventory software. UPS shall incorporate a tree inventory system database, tree inventory software utilizing the ArborPro Database into the Government's database. (13) 4. UPS shall provide not less than two training session in the use and manipulation of the street tree database, with staff to include hands-on demonstrations. As trees are trimmed, removed or replaced under this Contract, UPS shall update the computer database records indicating the date of the most recent service provided and vital statistics of the individual tree. UPS shall update the database on a weekly basis and famish both a hard copy and a digital copy of the database on a weekly basis. Q. Additional Services: 1. UPS shall perform unscheduled tree trinmiing/maintenance services of trees not already included in this contract include, but not limited to general tree trimming, aesthetic tree trimming, palm tree trimming, high -voltage line clearance, tree removal, stump removal, root pruning, root barrier installation, and planting of 24-inch and 36-inch box trees or larger, with or without root barriers, removal and disposal of waste materials, and all appurtenant work thereto necessary for the satisfactory completion of the required services. 2. UPS shall transport and dispose of all tree wastes in accordance with all City, County, State and Federal requirements. The disposal site(s) and the procedures to report the total tonnage of the tree wastes shall be the same as those listed for AB 939 requirements. R. Emergency Services During Work Hours: 1. UPS shall respond to any emergency situation that requires immediate tree trimming/maintenance services. These situations may include, but not limited to tree trinaning/removal due to damage inflicted by high winds, storms, floods, traffic collisions, and other emergency call outs. UPS shall respond to these emergency requests within two (2) hours of notification time or as directed by the terms of the contract. 2. Regular Work hours are Monday to Friday from 7:00 a.m. To 4:00 p.m. Payment for any emergency services during work hours shall be made at the (..I 11 (14) contract unit price for the total actual work hours required to complete the assigned tasks and shall include full compensation for all materials, labor, equipment, tools, and incidentals as stated in the bid proposal under section Cost Sheet. S. Emergency Services After Hours: 1. Emergency after hours outside of regular hours, include weekends, holidays And evenings (Monday to Friday, 7:00 p.m. To 7:00 a.m.). The Governmental. Agency may call upon UPS to respond to an emergency situation that requires immediate tree trimming/maintenance services. 2. Emergency situations may include, but not limited to tree trimming/removal due to damage inflicted by high winds, storms, floods, traffic collisions, and others emergency call outs. UPS is required to respond to these emergency services requests within two (2) hours of notification time or to the contract specifications. 3. Payment for any emergency services required outside regular working hours shall be made at the Contract Price or at an agreed to price with the Governmental Agency for the total work hours required to complete the assigned tasks and shall include full compensation for all materials, labor, equipment, tools, and incidentals. T. Brochure/letter: U. Photographs: If necessary, UPS will provide the Governmental Agency with a "Public Notice of any Tree Trimming work" for approval before starting any work on the contract. These brochures will be available in both English and Spanish. UPS will supply the Governmental Agency Representative photographs of "Before and After" tree trimming and/or tree removal or planting that are suitable for reproduction if requested by the Agency. 2. UPS will supply the Governmental Agency representative photographs of any damages that occur to public and or private property or persons within 24 hours of occurance. (15) V. Complaint Log: 1. UPS will keep a manual complaint log with the locations and names of any and all complaints that could occur in the performance of this contract. 2. The complaint log will have the address, name, time, date, type of complaint, action taken, remarks and any other information required to properly document the complaint W. The Governmental Agency's, Special Provisions: REQUEST FOR PROPOSALS for TREE MAINTENANCE/SERVICES AGREEMENT Note: The Agency has special provisions in regards to tree trimming, emergency tree work, tree planting, tree inventory and tree removal within the contract United Pacific Services has incorporated these special provisions into our proposal with the understanding that all tree maintenance work performedfor the Agency by any and all crews of United Pacific will be govern and directed under and by these special provisions. X. Crews/Equipment: 1. United Pacific will maintain a minimum of a 6 man crew while working on the contract. Each crew will have a minimum of 2 aerial bucket trucks, 1 to 2 chipper trucks, 1 to 2 tree chippers and 1 to 2 pick-up trucks. Additional equipment includes a roll -off truck, stump grinder, tractor loader, brash chipper, and root prurnner. 2. UPS will provide a 24 hour emergency crew(s) ready to respond to any and all related work 7 days per week while under contract within two hours of notification by the Agency. 3. UPS will provide a Certified Arborists to assist the Agency on any and all matters concerning tree maintenance issues. 4. UPS will provide Certified Tree Workers to the Governmental Agency while work is being performed on the contract.. 5. UPS will provide experience personnel certified to do Electrical Line work as specified in the contract. �.- I (16) Y. Certified Arborist / Certified Pesticide Advisor: 1. UPS will provide a Certified Arborist to assist the Governmental Agency on any and all matters concerning tree maintenance and tree related issues including planting, imgation repair, slope maintenance, tree and hedge maintenance and ground cover maintenance. 2. UPS will provide a Certified Pesticide Advisor / Agricultural Pest Control Adviser to assist and advise the Agency on any and all matters concerning the use of any herbicide and pesticide in the performance of this contract. Z. Traffic Control Plan: UPS shall prepare and submit a Traffic Control Plan for project work on the contract. The Traffic Control Plan shall be submitted to the appropriate Government Department. 2. UPS shall obtain and pay for all Traffic Control Permits. In addition UPS shall obtain all other permits incidental to the work, or made necessary by its operation, including but not limited to, those permits required for night work and demolition (tree removal). AA. "On Call" Messages - Cell Phone Communication: 1. "On Call" Messages shall be telephonic messages transmitted by the Governmental Agency's authorized representative to UPS describing tree maintenance or other work to be accomplished under this Contract. All such telephonic messages will be followed by confirming facsimile (fax) and/or electronic mail (e-mail) messages.. 2. UPS's authorized representative shall be personally available to receive such telephonic, fax, and e-mail messages from the Government's . Project Inspector or his authorized representative seven days per week during regular daytime work shifts, and shall have an answering service and/or equipment to receive and record such messages at all other times, 24 hours a day 7 days a week. (17) 3. UPS shall submit a written response, via fax and/or e-mail, and a telephonic response to each "On Call" message no later than the working day following the day the telephonic "On Call" message was received. The UPS response shall include confirmation of schedule or proposal of alternate schedule. 4. UPS shall provide a Mobil Cell phone to the Authorized Project UNITED PACIFIC CITY OF RANCHO C PLANT de^ BOA PAI 04/15/05 BB. Emergency phone and cell numbers: United Pacific Services Gus Franklin, President Eric Franklin, Vice President Jack Mooring, Vice President/ General Manager Tony Gomez, Field Supervisor C ; it (18) Inspector in order to communicate with UPS staff. This Cell phone will be linked and be able to communicate with 15 cell phones to all UPS Managers and crew foreman 24 hours per day 7 days per week. Office Fax Home Cell Home Cell Home Cell Home Cell (562)691-4600 (562) 691-8839 (562) 691-1844 (562) 254-0749 (714) 637-5125 (562)254-0746 (714)525-8821 (562) 254-1196 (323) 566-2127 (562) 254-0067 UNITED PACIFIC SERVICES Mobile Radio Contact 14 6 Gus Franklin Leo Ramirez (562) 254-0749 12(562) 254-7158 Jack Moorin ]0 Tony Gomez 8 (562) 254-1903 (562)254-119 11 1 Ignacio Gomes Eric Franklin (562) 254-3446 (562) 254-074 17 31 Herb Shaw Luis Genus (562) 254-2884 (562) 244-5814 22 Jose Torres Enrique Gutierrez (562) 254-1139 7 (562) 254-3117 Johnny AWas (562)254-3160 ]6 5 Esteban Cohetraltitla Fernando Herrera (562) 244-0962 (562)254.3924 19 21 Charles Alexander Fdemon Chavez (562) 254-7812 (562) 254-0075 20 Anthony Gutierrez (562)244-2632 MOBILE UNIT NUMBERS 24 Hour Emergency Monday to Friday Saturday/Sunday CELL PHONE NUMBERS EXHIBIT B EXHIBIT 8 FEES Contractor shall be paid an amount not to exceed $25,000.47 annually to perform the Services described in Exhibit A in accordance with the Cost Schedule, a copy of which is attached hereto and incorporated as referenced. Contractor shall invoice City by the 1 st of each month for Services provided under this Agreement. Invoices shall include the period for which Services were provided, the dates of such Services, and a description of the Services provided for that billing period. Each invoice shall include copies of timesheets and other supporting documents as City may require. Payments of each invoice shall be made by City within thirty (30) days following receipt of each invoice as to all non -disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of the disputed invoices. Any amounts in dispute shall be withheld until resolution. ATTACHMENT B PROPOSED BIDDING SCHEDULE —TREE THE VHNG Trim Indian Laurel trees annually. Remaining inventory shall be trimmed annually at the City of Veraon's discretion. ITEM qUANITY UNIT PRICE TOTAL PRICE Indian Laurel 243 $ 44.29 $ 10 762.47 Remainingto Inven9 33 $ 42.0(I $ 14,238.00 Grand Total Annual Cost ; 25,000.47 ADDITIONAL SERVICES TRIMMIN ITEM QUANITY UNIT PRICE ' TOTAL PRICE Carrot Wood 343 $ 42.00 $ 14,406.00 Indian Laurel 243 $ 44.29 $ 10.762.47 Lemon Bottlebrush 145 $ 42.00 $ 6,090.00 Ornamental Pear 84 $ 42.00 $ 3,528.00 Evergreen pear 60 $ 42.00 $ 2,520.00 Crape Myrtle 58 $ 42.00 $ 2,436.00 American Sweetgum 57 $ 42.00 $ 2,394.00 Water Gum 30 S 42.00 $ 1, 260.00 Eastem Redbud 25 $ 42.00 $ 1,050.00 Sweet Shade 25 $ 42.00 $ 1.050.00 Firewheel Tree 23 $ 42.00 $ 966.00 Hong Song Orchid Tree 11 $ 42.00 $ 462.00 Mexican Fan Palm 10 $ 42.00 $ 420.00 Miscellaneous Species 149 1 $ 42.00 $ 2,058.00 ADDITIONAL SERVICES ITEM I. Complete Tree & Stump Removal: Cost (Per Tree): 250.00 ITEM 2: Stump Removal: Cost (Per Tree): 95_ 00 ITEM 3: Root Pruning: Cost (Each): 95.00 ITEM 4: Tree Planting: 15 gallon with root barrier: Cost (Each): 135_ 0_ 0 ITEM 5 Tree Planting: 15 gallon without root barrier: Cost (Each): t t n n0 ITEM 6: Tree Planting: 24 inch box with root barrier: Cost (Each): 295.00 ITEM 7: Tree Planting: 24 inch box without root barrier: Cost (Each): 250.00 ITEM 8. Watering: Cost(Day):_ 420.00 ITEM 9: Crew Rental — 3 men, aerial unit, dump truck and chipper: Cost (Hour): 150.00 ITEM 10: Emergency Work Call Out — 3 men, aerial unit, dump truck and chipper: os our: �to_oo -- 2 ITEM i l : Tree Inventory and Record Keeping System: Cost (Annually): p CHAR E In addition to the Bidding Schedule, the contractor shall provide a rate schedule for labor and equipment, and provide mark-up rates for materials. All work shall be performed on a time and materials basis; in accordance with the rate schedule Provided by the contractor; or as a negotiated lump sum cost. The City reserves the right to separately bid any required work. Submitted by: UNITED PACIFIC SERVICES, INC. Address: 120 E. La Habra Blvd., STE 107 La Habra, CA 90631-2310 Signature: , ;Gus7.Frauknn/'President * See following page for Fee Schedule for Additional Services 6 Equipment Fee Schedule for Additional Services & Equipment United Pacific Services, Inc. (UPS) is offering the city additional service. This additional cost is based on doing a Crown Restoration or Reduction on the city's Ficus Trees. Upon doing an inspection of the city's Urban Forest we noticed that many of the Ficus Trees are against buildings and against cable lines. Even though these trees are trimmed on an annual basis they have not been reduced in height and spread, Therefore we otYering the city an option to do Crown Restoration or Reduction on those ficus trees that are encroaching against private property and transmission lines throughout the city. Our cost to do this additional work is based on the hourly rate we bid on the contract for a three man crew. In addition we are offering the city the use of some additional Specialized Equipment based on our unit prices and hourly rate on the bid page. n� unixe,g rrnm T over rifle wnlNx lu IS near rnnAwnyr 0� Crmvu itexlorntlnn nr RuhlelLm Fnm 25R m 25 (.'^ Mndnmm 25% Rnhlrllnn 0� Mnximuni 25% mdnsRnn Crotch" ADDITIONAL EQUIPMENT: (Cost included in unit prices and hourly rate on bid pages while trimming or removing trees in the City of Vernon) I.) 95' liiranger Aerial Truck No charge 2.) International R011-o1T'1'ruok Nocharge 3.) 4.) 22' Roll-oll'container 125'Crane No charge 5.) 55'G'ane Nocharge 6.) ICBTraetor Loader with Grapple Nocharge Nocharge 7.) 1800 Vermeer Chipper - 170hp with wench No charge R•) Low Bed Trailer - 40' NO charge 9.) Bob Cat Loader with grapple No charge 10. Z.--..-. hertable Stealll Clealler -------_..-_._.... No char6E.._...__._... Certified Arborist Report �-------- $75.00 per hour Picus'I'ree Crown Restoration or Reduction $50.00 per man hour EXHIBIT C EXHIBIT C CHANGE ORDER Exhibit C CITY OF VERNON COMMUNITY SERVICES & WATER DEPARTMENT CONTRACT CHANGE ORDER NO. _ SUPPLEMENT NO. _ SHEET _ OF _ SHEETS PROJECT: TO: REQUESTED BY: City of Vernon P.O. NO. CONTRACTOR You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. Contract Amount Base Bid ............................................... $ Amount of This Chan e OrderI ............................................. $ Amount of Previous Change OrdersI ......................................... $ Total Change Orders $ Modified Contract Amount ............................................. $ By reason of this change order the time of completion will be adjusted as follows: Approved: Date: Director of Community Services & Water Attest: Date: Willard Yamaguchi, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform agree, if this proposal is approved, that we will provide all all services necessary for the work above specified, will accept as full payment therefore the prices shown above. and Accepted Date: Contractor: By: Title: Rev. 03/10 EXHIBIT D EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days dff per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. Juarez, Debbie From: Arriola, Justin Sent: Thursday, September 20, 2012 12:16 PM To: Juarez, Debbie Subject: RE: INSURANCE INQUIRY - UNITED PACIFIC SERVICES - RES. NO. 2012-181 Please be advised that the above -referenced has provided acceptable insurance coverage. -----Original Message ----- From: Juarez, Debbie Sent: Thursday, September 20, 2012 12:15 PM To: Arriola, Justin; Ortiz, Joyce Subject: INSURANCE INQUIRY - UNITED PACIFIC SERVICES - RES. NO. 2012-181 Hi Justin. Please let us know if the above -referenced has current insurance on file. Thanks. Debbie 1 RECEIVED RECEIVED SEP' 10 2012 AUG 3 0 2012 CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT COMMUNITY SERVICES &WATER DEPARTMENT DATE: August 29, 2012 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED PACIFIC SERVICES, INC. FOR URBAN FOREST MANAGEMENT SERVICES On Tuesday, August 7, 2012, the Department of Community Services and Water (Department) received back proposals in response to the Request for Proposal for Urban Forest Management Services. The rankings of the proposals are reflected below: • United Pacific Services • George Salinas Tree Preservation • West Coast Arborists • Mariposa Landscape The Department performed comprehensive review of the proposals utilizing a rating sheet to quantify the results. The selection process was based largely on the cost of service and feedback from references. United Pacific Services, hic. (United) was rated the highest of the three bidders, followed closely by George Salinas Tree Preservation (GSTP). In terms of cost, GSTP's bid came in the lowest at $25,026 per year. United's bid came in a close second at $26,874 per year. West Coast Arborists came in a distant third at $39,300 per year, followed by Mariposa Landscape whose bid came in at $68,397 per year. However, staff was able to negotiate a price reduction of $1,873.53 per year with United. United's revised proposal is for $25,000.47 per year. In addition, staff performed a detailed reference check of the subject proposers and found that United's references rated them highly in all facades of urban forest management practices. Staff determined that a three-year agreement for the subject services be secured in order to maintain a uniform price for the duration of the agreement; and to reduce administrative functions relating to renewing the agreement on an annual basis. The Agreement will have a not -to - exceed cost of $90,000 to cover any additional services that may be required. The City Attomey's office has prepared a Services Agreement between the City of Vernon and United Pacific Services, hic. for Urban Forest Management Services. The Agreement has been executed by United Pacific Services, hic. It is recommended that the subject Agreement be approved at the September 18, 2012 City Council meeting; and be made effective September 18, 2012. Thank you. SKW/sr Enclosures l F w�8,y F Le�t'CLY It1�V5 COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator t. FROM: Samuel Kevin Wilson, Director of Community Services and Water DATE: August 29, 2012 SUBJECT: SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED PACIFIC SERVICES, INC. FOR URBAN FOREST MANAGEMENT SERVICES On Tuesday, August 7, 2012, the Department of Community Services and Water (Department) received back proposals in response to the Request for Proposal for Urban Forest Management Services. Moreover, the Department performed comprehensive review of the proposals utilizing a rating sheet to quantify the results. The selection process was based largely on the cost of service and feedback from references. United Pacific Services, hrc. (United) was rated the highest of the three bidders, followed closely by George Salinas Tree Preservation (GSTP). In terms of cost, GSTP's bid came in the lowest at $25,026 per year. United's bid came in a close second at $26,874 per year. West Coast Arborists came in a distant third at $39,300 per year, followed by Mariposa Landscape whose bid came in at $68,397 per year. However, staff was able to negotiate a price reduction of $1,873.53 per year with United. United's revised proposal is for $25,000.47 per year. In addition, staff performed a detailed reference check of the subject proposers and found that United's references rated them highly in all facades of urban forest management practices. Staff determined that a three-year agreement for the subject services be secured in order to maintain a uniform price for the duration of the agreement; and to reduce administrative functions relating to renewing the agreement on an annual basis. The Agreement will have a not -to -exceed cost of $90,000 to cover any additional services that may be required. The City Attorney's office has prepared a Services Agreement between the City of Vernon and United Pacific Services, Inc. for Urban Forest Management Services. The Agreement has been executed by United Pacific Services, hic. It is recommended that the subject Agreement be approved at the September 18, 2012 City Council meeting; and be made effective September 18, 2012. Thank you. SKW/sr Enclosures M8='S=\MyD aATrte(Aib=) RFN2012RFMq AmninimLlo, Urban Fote1 MmugenantA®evrentAm W W L d 0 V h V W N O O R b d a A. I Fl a W LC '1 N M d Y W L Q G Vl T T r N W EO WI a e o Vl lA T A � W N M O W h Y 'i• o� ki J Vl R T V Q N h V T O 'G d u L �• L V q L V �+ •q O CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: August 22, 2012 TO: Samuel Kevin Wilson, Director of Community Services & Water FROM: Willard G. Yamaguchi, Chief Deputy City AttorneY0 6 RE: United Pacific Services, Inc. I have received and reviewed the Memorandum dated August 15, 2012, and the attachments thereto. Attached is the drafted services agreement for the above -referenced matter. WY:em Enclosures