GS Brothers Inc (On-call) ID
CITY OF RANCHO PALOS VERDES
ON-CALL DESIGN PROFESSIONAL/TECHNICAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 15th day of July, 2014, by
and between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")and
GS Brothers, Inc. (hereafter referred to as "CONSULTANT").
IN CONSIDERATION of the covenants hereinafter set forth,the parties hereto agree
as follows:
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as on-call services as follows:
Provide Arborist services as requested by Staff.
1.2 Description of Services
CONSULTANT shall: provide services in accordance with the CITY's Request
for Proposals, which is attached hereto as Exhibit "A" and incorporated herein by this
reference, and CONSULTANT'S Proposal, which is attached hereto as Exhibit "A" and
incorporated herein by this reference. In the event of any conflict between the terms of this
Agreement and incorporated documents, the terms of this Agreement shall control. In the
event of any conflict between Exhibits "A" and "B," the terms of Exhibit "A" shall control.
1.3 Schedule of Work
Upon receipt of written Notice to Proceed from the CITY, CONSULTANT
shall perform with due diligence the services requested by the CITY. Time is of the
essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall
CONSULTANT be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely
information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty
performance by CITY, other consultants/contractors, or governmental agencies, or any
other delays beyond CONSULTANT's control or without CONSULTANT's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
Page 1 of12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
410
CITY agrees to compensate CONSULTANT in accordance with
CONSULTANT's Schedule of Hourly Rates, which is within Exhibit "B," and shall meet or
exceed prevailing wage rates, but shall not exceed twenty-five thousand dollars($25,000)
per single project and in any case shall not exceed sixty thousand dollars ($60,000) per
fiscal year for services as described in Article 1. On-call services that are reimbursed by a
trust deposit shall not count towards the maximum amount CONSULTANT shall be paid for
such services. The rates in Exhibit"B" shall be in effect through the end of the Agreement.
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
GS Brothers, Inc.
2215 North Gaffey St.
San Pedro, CA 90731
2.3 Terms of Compensation
CONSULTANT shall submit monthly invoices for the work completed in the
previous month. CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to
notify CONSULTANT of any disputed invoice amounts within ten(10)days of the receipt of
each invoice. However, CITY's failure to timely notify CONSULTANT of a disputed amount
shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY
agrees that CONSULTANT shall have the right to consider said default a total breach of
this Agreement and be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.4 Prevailing Wages
CITY and CONSULTANT acknowledge that this project is a public work to
which prevailing wages apply. The Terms for Compliance with California Labor Law
Requirements is attached hereto as Exhibit"C" and incorporated herein by this reference.
2.5 Term of Agreement
This Agreement shall commence on July 1, 2014 and shall terminate on June
30, 2018 unless sooner terminated pursuant to Article 4 of this Agreement
ARTICLE 3
Page 2 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
0 0
INDEMNIFICATION AND INSURANCE
3.1 Indemnification, Hold Harmless, and Duty to Defend
(a) Indemnity for Design Professional Services. In connection with its
design professional services and to the maximum extent permitted by law, CONSULTANT
shall hold harmless and indemnify CITY, and its officials, officers, employees, agents and
independent contractors serving in the role of CITY officials, and designated volunteers
(collectively, "Indemnitees"), with respect to any and all claims, demands, causes of action,
damages, injuries, liabilities, losses, costs or expenses, including reimbursement of
attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not
limited to Claims relating to death or injury to any person and injury to any property, which
arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or
willful misconduct of CONSULTANT or any of its officers, employees, subcontractors, or
agents in the performance of its design professional services under this Agreement.
(b) Other Indemnities. In connection with any and all claims, demands,
causes of action, damages, injuries, liabilities, losses, costs or expenses, including
attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by
Section 3.1(a), and to the maximum extent permitted by law, CONSULTANT shall defend,
hold harmless and indemnify the Indemnitees with respect to any and all Damages,
including but not limited to, Damages relating to death or injury to any person and injury to
any property, which arise out of, pertain to, or relate to the acts or omissions of
CONSULTANT or any of its officers, employees, subcontractors, or agents in the
performance of this Agreement, except for such loss or damage arising from the sole
negligence or willful misconduct of the CITY, as determined by final arbitration or court
decision or by the agreement of the parties. CONSULTANT shall defend Indemnitees in
any action or actions filed in connection with any such Damages with counsel of CITY's
choice, and shall pay all costs and expenses, including all attorneys' fees and experts'
costs actually incurred in connection with such defense. Consultant's duty to defend
pursuant to this Section 3.1(b) shall apply independent of any prior, concurrent or
subsequent misconduct, negligent acts, errors or omissions of Indemnitees.
(c) All duties of CONSULTANT under Section 3.1 shall survive termination
of this Agreement.
3.2 General Liability
CONSULTANT shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars($2,000,000)general aggregate for bodily injury,death,
loss or property damage for products or completed operations and any and all other
activities undertaken by CONSULTANT in the performance of this Agreement. Said policy
Page 3 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
•
or policies shall be issued by an insurer admitted or authorized to do business in the State
of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or better.
3.3 Professional Liability
CONSULTANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars($1,000,000)per claim and aggregate
for errors and/or omissions of CONSULTANT in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted or authorized to do business in the
State of California and rated in Best's Insurance Guide with a rating of A:VII or better. If a
"claims made" policy is provided, such policy shall be maintained in effect from the date of
performance of work or services on the CITY's behalf until three (3)years after the date of
work or services are accepted as completed. Coverage for the post-completion period may
be provided by renewal or replacement of the policy for each of the three(3)years or by a
three-year extended reporting period endorsement, which reinstates all limits for the
extended reporting period. If any such policy and/or policies have a retroactive date, that
date shall be no later than the date of first performance of work or services on behalf of the
CITY. Renewal or replacement policies shall not allow for any advancement of such
retroactive date.
3.4 Automobile Liability
CONSULTANT shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars($1,000,000) per claim and occurrence and
two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one person
and five hundred thousand dollars ($500,000) for property damage arising from one
incident. Said policy or policies shall be issued by an insurer admitted or authorized to do
business in the State of California and rated in A.M. Best's Insurance Guide with a rating of
A:VII or better.
3.5 Worker's Compensation
CONSULTANT agrees to maintain in force at all times during the
performance of work under this Agreement worker's compensation insurance as required
by law. CONSULTANT shall require any subcontractor similarly to provide such
compensation insurance for their respective employees.
3.6 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage shall
not be cancelled or modified by the insurance carrier without thirty (30) days prior written
notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of premium.
Page 4 of 12
R6876-000111726353v2doc Agreement for On-Call Design Professional/Technical
Services
Additionally, CONSULTANT shall provide immediate notice to the CITY if the
CONSULTANT receives a cancellation or policy revision notice from the insurer.
(b) CONSULTANT agrees that it will not cancel or reduce any required
insurance coverage. CONSULTANT 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 CONSULTANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSULTANT shall maintain
on file with the CITY Clerk both a copy of the entire policy and a certificate of insurance
showing that the aforesaid policies are in effect in the required amounts. The commercial
general liability policy shall contain endorsements naming the CITY, its officers, agents and
employees as additional insureds.
3.8 Primary Coverage
The insurance provided by CONSULTANT shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time,with or without cause,
by the CITY upon thirty(30)days prior written notice or by CONSULTANT upon ninety(90)
days prior written notice. Notice shall be deemed served if completed in compliance with
Section 6.15.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT,
in an amount to be determined as follows: for work satisfactorily done in accordance with
all of the terms and provisions of this Agreement as determined by the CITY,
CONSULTANT shall be paid an amount equal to the percentage of services performed
prior to the effective date of termination or cancellation in accordance with the work items;
provided, in no event shall the amount of money paid under the foregoing provisions of this
paragraph exceed the amount which would have been paid to CONSULTANT for the full
performance of the services described in this Agreement.
Page 5 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
410
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data, exhibits,
photographs, images, video files and media created or developed by CONSULTANT
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the CITY.
All Written Products shall be considered "works made for hire," and all Written Products
and any and all intellectual property rights arising from their creation, including, but not
limited to, all copyrights and other proprietary rights, shall be and remain the property of the
CITY without restriction or limitation upon their use, duplication or dissemination by the
CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any
Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the CITY
pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to which
any intellectual property right exists, including computer software, used in the rendering of
the services and the production of all Written Products produced under this Agreement,
and that the CITY has full legal title to and the right to reproduce the Written Products.
CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials,officers,
employees, servants, attorneys, designated volunteers, and agents serving as independent
contractors in the role of CITY officials, harmless from any loss, claim or liability in any way
related to a claim that CITY's use of any of the Written Products is violating federal, state
or local laws, or any contractual provisions, or any laws relating to trade names, licenses,
franchises, copyrights, patents or other means of protecting intellectual property rights
and/or interests in products or inventions. CONSULTANT shall bear all costs arising from
the use of patented, copyrighted, trade secret or trademarked documents, materials,
equipment, devices or processes in connection with its provision of the services and
Written Products produced under this Agreement. In the event the use of any of the
Written Products or other deliverables hereunder by the CITY is held to constitute an
infringement and the use of any of the same is enjoined, CONSULTANT, at its expense,
shall: (a) secure for CITY the right to continue using the Written Products and other
deliverables by suspension of any injunction, or by procuring a license or licenses for CITY;
or (b) modify the Written Products and other deliverables so that they become non-
infringing while remaining in compliance with the requirements of this Agreement. This
covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
CONSULTANT shall deliver to the CITY all Written Products and other deliverables related
Page 6 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a
document on a computer, CONSULTANT shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Public Works or his or her
designee, and CONSULTANT shall notify CITY of CONSULTANT's designated
representative. These individuals shall be the primary contact persons for the parties
regarding performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULTANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code §§ 12940-48), the applicable equal employment provisions of the Civil
Rights Act of 1964(42 U.S.C. § 200e-217), and the Americans with Disabilities Act of 1990
(42 U.S.C. § 11200, et seq.).
6.3. Audit
The CITY or its representative shall have the option of inspecting, auditing, or
inspecting and auditing all records and other written materials used by CONSULTANT in
preparing its billings to the CITY as a condition precedent to any payment to
CONSULTANT. CONSULTANT will promptly furnish documents requested by the CITY.
Additionally, CONSULTANT shall be subject to State Auditor examination and audit at the
request of the CITY or as part of any audit of the CITY, for a period of three (3)years after
final payment under this Agreement.
6.4 Personnel
CONSULTANT represents that it has, or shall secure at its own expense, all
personnel required to perform CONSULTANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed as
a Civil Engineer by the State of California and in good standing. CONSULTANT shall
make reasonable efforts to maintain the continuity of CONSULTANT's staff who are
assigned to perform the services hereunder and shall obtain the approval of the Director of
Public Works of all proposed staff members who will perform such services.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement, but at all times shall CONSULTANT be
responsible for its associates and subcontractors' services.
Page 7 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
• 410
6.5 CONSULTANT's Representations
CONSULTANT represents, covenants and agrees that: a)CONSULTANT is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary
to perform the services in accordance with the terms and conditions set forth in this
Agreement; b)there are no obligations, commitments, or impediments of any kind that will
limit or prevent CONSULTANT's full performance under this Agreement; c) to the extent
required.by the standard of practice, CONSULTANT has investigated and considered the
scope of services performed, has carefully considered how the services should be
performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.6 Conflicts of Interest
CONSULTANT agrees not to accept any employment or representation
during the term of this Agreement or within twelve(12)months after completion of the work
under this Agreement which is or may likely make CONSULTANT "financially interested"
(as provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which CONSULTANT has been retained
pursuant to this Agreement.
6.7 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled by
and construed under the laws of the State of California, excluding California's choice of law
rules. Venue for any such action relating to this Agreement shall be in the Los Angeles
County Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
breach, default or misrepresentation in connection with this Agreement,the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSULTANT require the testimony of CONSULTANT when there is no
allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its
testimony and preparation to testify at the hourly rates in effect at the time of such
testimony.
6.8 Assignment
Page 8 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
0 0
Neither this Agreement nor any part thereof shall be assigned by
CONSULTANT without the prior written consent of the CITY. Any such purported
assignment without written consent shall be null and void, and CONSULTANT shall hold
harmless, defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any unauthorized
assignment.
Notwithstanding the above, CONSULTANT may use the services of persons
and entities not in CONSULTANT's direct employ,when it is appropriate and customary to
do so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSULTANT's use of subcontractors
for additional services shall not be unreasonably restricted by the CITY provided
CONSULTANT notifies the CITY in advance.
6.9 Independent Contractor
CONSULTANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSULTANT or any of the CONSULTANT's employees, except as herein set
forth, and CONSULTANT is free to dispose of all portions of its time and activities which it
is not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSULTANT wishes except as expressly provided in this Agreement.
CONSULTANT shall have no power to incur any debt, obligation,or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSULTANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in
any manner agents, servants or employees of CITY. CONSULTANT agrees to pay all
required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and interest
asserted against the CITY by reason of the independent contractor relationship created by
this Agreement. CONSULTANT shall fully comply with the workers' compensation law
regarding CONSULTANT and its employees. CONSULTANT further agrees to indemnify
and hold the CITY harmless from any failure of CONSULTANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount of
any fees due to CONSULTANT under this Agreement any amount due to the CITY from
CONSULTANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.10 Titles
The titles used in this Agreement are for general reference only and are not
part of the Agreement.
6.11 Entire Agreement
Page 9 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
CONSULTANT and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified or amended, or provisions or
breach may be waived, only by subsequent written agreement signed by both parties.
6.12 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.13 Non-Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance under
this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant, or any
default which may then exist on the part of CONSULTANT, and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.14 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
6.15 Notice
Except as otherwise required by law, any payment, notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received
on (a) the day of delivery if delivered by hand or overnight courier service during CITY's
regular business hours or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses listed below, or at such other address as
one party may notify the other:
To CITY:
Responsible Person: Michael Throne, Director of Public Works
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Page 10 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
0 0
To CONSULTANT:
Responsible Person: Steve Rogers
Address: 2215 North Gaffey St.
San Pedro, CA 90731
Page 11 of12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
Dated: GS Brothers, Inc.
("CONSULTANT")
By: _. -;;;-1>vr''
Printed Name: 5 vE R°GER5
Title: C-oNsuLriN& AReoRis r
By:
Printed Name:
Title:
Dated: CITY OF RANCHO PALOS VERDES
("CITY")
IP
B •
ayo
ATTEST: APPR•VED AS TO FORM:
Ae/
By: - By.
City Clerk City Attorney
Page 12 of 12
R6876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
Exhibit"A":
CITY'S Request for Proposals
86876-0001\1 726353v2doc Agreement for On-Call Design Professional/Technical
Services
Exhibit"A"
H-54
May 30, 2014
GS Brothers, Inc.
Attention: Steve Rogers
Via email
Dear Steve:
The City of Rancho Palos Verdes would like to include your firm on its list of authorized
On-Call consultants. Accordingly we are requesting a copy of your Statement of
Qualifications specific to the Certified Arborists and other related services your firm
provides and the associated hourly rates. In July 2014 the Public Works Department will
be asking the City Council to approve contractual agreements with several On-Call
service providers (a copy of the most current contract is attached —this contract may be
revised by the City Attorney prior to City Council authorization of the contracts. If this
occurs staff will provide you with a copy of the revised standard On-Call agreement).
This requires that we receive the requested information within 7 working days (by June
6).
If you should have any questions or I can be of assistance, please contact me vie email
at rond@rpv.com,
The City reserves the right to reject any or all Statements of Qualifications.
Thank you,
Ron Dragoo
Senior Engineer
H-55
Exhibit"B":
CONSULTANT'S Proposal, including Schedule ofHourly Rates
R0876-0001\1720353v2doo Agreement for On-Call Design PnofansionaKTuohnicm|
Services
Exhibit"B"
H_56
ACas I3rothen Inc,
6-6-14
Ron Dragoo, PE
City of Rancho Palos Verdes
30940 Hawthorne Blvd
Rancho Palos Verdes,CA 90275
Subject:Arborist Services
Dear Mr. Dragoo,
Thank you for your interest in receiving information regarding GS Brothers Arborist services.
GS Brothers currently provides Arborist services for over 80 clients in the South Bay area.Our
staff of professionals is routinely called upon for matters related to trees requiring the utmost
expertise and professionalism.
Diagnosis of Tree and Landscape Problems
• Tree Risk Assessments and Surveys
Insect and Disease Identification
Tree Health Care Programs
Digital Tree Mapping and Inventories
Tree Planting Programs
We would be pleased to work with you on upcoming tree projects.
The hourly rates for our services are as follows:
On site tree assessment and meetings by the Arborist $75 per hour
Field work by the Assistant Arborist $45 per hour
Report preparation by the Arborist $75per hour
Clerical staff and field staff to assist in the preparation of report $40 per hour
Other expenses(subject to client approval) Cost plus 20%
To assist in arborist project,our full time staff includes:
• Steve Rogers:Over 25 years in the South Bay with GS Brothers, Registered Consulting
Arborist#501 and Certified Arborist#WE-7881A.
o Providing arborist consulting services for City of Rancho Palos Verdes(PV Dr. East
Road Project with Jim Pugh and Nicole Jules), Malaga Cove Palos Verdes Estates,
Torrance Memorial Hospital, Robinson Helicopter,City of Rolling Hills,Sheraton
Hotel Disneyland, Double Tree Hotels, Rolling Hills Prep School, over 30
homeowners associations on the Palos Verdes Peninsula,Torrance,and over 40
commercial businesses such as China Airlines,Tormed Medical Buildings,Alcoa,
and other businesses.
H-57
• Ramon Melendez: Licensed with the State of California for use of Pesticides and field
technician with 25 years'experience to assist the arborist.
• Maureen Domingo:Manages customer service and assists preparing arborist reports.
• Stephanie Martinez:Office assistant
• Bernardo Zamora: Over 25 years as the GS Brothers Tree Crew Supervisor.
We look forward to
Respectfully Submitted,
Mr.Steve Rogers
GS Brothers
61SCV
H-58
ao-a
-7 .
s
Wlat is a ConsultingArborist?
When to Hire a Consulting Arborist
Root out the cause of tree issues with ASCA Consulting Arborlsts.
Consulting Arborlsts are tree experts who advise in the most challenging situations.Their
experience in the science and practice of arboriculture,along with their practical,ethical and
objective role of consultant,is key to two distinct groups of people:
• Industry professionals,such as law firms,insurance companies,utilities,land
developers,architects and municipalities who need:
o Reports on trees and—plants in general
o Expert testimony in court
o Evaluation of the environmental impact of land development
o Consultation on tree preservation
o Expertise for land planning
o Education about the preservation of trees
o Forensic investigation into tree issues
o Consultation on care and maintenance
o Assessment of risks and hazards
• Landowners,such as homeowners,real estate owners,developers and others who
need:
o Knowledge of tree care,preservation and maintenance
o Expertise about tree and plant selection and planting
o Assessment and identification of tree risks and hazards
a Advice on tree preservation
o Appraisal of trees
o Investigation into tree disputes and negligence
o Inspection of plant material and tree issues
When you hire an ASCA member,you know your Consulting Arborist is a qualified
professional,dedicated to continual education and career growth.When you see an"RCA"
after a Consulting Arborist's name,you know you are looking at an ASCA member who has
completed rigorous training in our Consulting Academy and is a Registered Consulting
Arborist.We've provided a referral directory on our site to help you find the right ASCA
Consulting Arborist for you.
I
'
Simply The Best Landscape Carel
Steve Rogers
(310)480-5704
Certified Arborist Number:WE-7881A
Registered Consulting Arborist:#501
H-59
arca.,
Wiat is a Constilting Arborist?
Discover the tree expert of tree experts.
Consulting Arborists are the preeminent authorities on matters related to trees—ensuring the
safety,health,and preservation,of trees in our natural surroundings.Both homeowners and
industry professionals will find a number of different reasons to hire a Consulting Arborist to
achieve their objectives.
Trees in our developed environment present a challenge,requiring careful planning and
vigilant maintenance.The shared public trust of governments,businesses and homeowners is
to ensure that trees grow,thrive and remain safe.When a problem occurs—if a tree causes
damage or becomes a public safety hazard--a source for advice and mediation is often
needed.This is the role of the Consulting Arborist:to bring a comprehensive,objective
viewpoint to the diagnosis,appraisal and evaluation of arboricultural issues.
ASCA's Consulting Arborists are dedicated to the objective assessment of trees,the
enhancement of the community and the protection of the environment.They are also devoted
to a course of lifelong learning about arboriculture.Those with Registered Consulting
Arborist'(RCA)status have chosen to take their career even higher by earning that
designation.Our referral directory will help you find the right professional for your job.
GS Brothers;
Simply The Besi Landscape Care!
Steve Rogers
(310)480-5704
Certified Arborist Number:WE-7881A
Registered Consulting Arborist:#501
H-60
Exhibit"C":
Terms for Compliance with California's Labor Law Requirements
1. CONSULTANT acknowledges that the project @Sdefinedinthis4mreement
between Contractor and the CITY,to which this Terms for Compliance with California Labor
Law Requirements is attached and incorporated by reference, is a"public work"as defined
in Division 2, Pad 7' Chapter 1 (commencing with Section 1720) of the California Labor
Code ("Chapter1"). Further, CONSULTANT acknowledges that this Agreement is subject
tV(a)Chapter 1^ including without limitation Labor Code Section 1771and(b)the rules and
regulations established by the Director of Industrial Relations ("D|R") |rnp|e0e0Umg such
statutes. CONSULTANT gh8|| perform all work OD the project as a public VVO[k.
CONSULTANT shall comply with and be bound by all the terms, rules and regulations
described iO1(a) and 1(b) asthough set forth infull herein.
2. California |aVV requires the inclusion of specific Labor Code provisions in
certain contracts. The inclusion of such specific provisions below,whether or not required
by California |avV, does not alter the meaning or scope of Section 1 above.
3. Pursuant tVLabor Code Section 1773.2. copies ofthe prevailing rate nfper
dienn wages for each craft' classification, or type of worker needed VD perform the
Agreement are on file at City H8|| and will be made available to any interested party on
request. CONSULTANT acknowledges receipt of a copy of the DIR determination of such
prevailing rate oJper them wages,and CONSULTANT shall post such rates adeach job site
covered bythis Agreement.
4. CONSULTANT shall comply with and be bound by the provisions Of Labor
Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure topay prevailing wages, CONSULTANT shall, eao
penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion
thereof,for each worker paid less than the prevailing rates @sdetermined bythe D|Rfor the
vvo[h or craft in which the worker is employed for any public work done pursuant to this
Agreement byCONSULTANT Orbyany subcontractor.
5. CONSULTANT Sh8|| comply with and be bound by the provisions of Labor
Code Section 1770, which requires CONSULTANT and each subcontractor to: keep
accurate payroll records and verify such [8oOnJS in VVhUnA under penalty ofperjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the CITY of the location of the records.
6. CONSULTANT shall comply with and be bound by the provisions of Labor
Code Sections 1777.5, 1777.0 and 1777.7 and California Administrative Code Ude 8.
section 200 et seq. concerning the employment ofapprentices on public works projects.
CONSULTANT shall be responsible for compliance with these aforementioned Sections for
all 8pprenbceab|e occupations. Prior to commencing Vvod< under this /\gneerneOt.
CONSULTANT shall provide CITY with a copy of the information submitted to any
applicable apprenticeship program, Within sixty(8O)days after concluding work pursuant to
R6878-0001\1726053v2doo Agreement for On-Call Design Professional/Technical
Services
Exhibit"C"
H_61
this Agreement, CONSULTANT and each of its subcontractors shall submit to the CITY a
verified statement of the journeyman and apprentice hours performed under this
Agreement.
7. CONSULTANT acknowledges that eight (8) hours labor constitutes a legal
day's work. CONSULTANT shall comply with and be bound by Labor Code Section 1810.
CONSULTANT shall comply with and be bound by the provisions of Labor Code Section
1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a
penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the
performance of this Agreement by CONSULTANT or by any subcontractor for each
calendar day during which such worker is required or permitted to work more than eight(8)
hours in any one(1)calendar day and forty(40)hours in any one calendar week in violation
of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to
Labor Code section 1815, work performed by employees of CONSULTANT in excess of 8
hours per day,and 40 hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than 112 times
the basic rate of pay.
8. California Labor Code Sections 1860 and 3700 provide that every employer
will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, CONSULTANT hereby certifies
as follows:
"I am 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 I will comply with such provisions before
commencing the performance of the work of this contract."
9. For every subcontractor who will perform work on the project,CONSULTANT
shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code
Sections 1860 and 3700,and CONSULTANT shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that each
subcontractor shall comply with those statutory provisions. CONSULTANT shall be
required to take all actions necessary to enforce such contractual provisions and ensure
subcontractor's compliance,including without limitation, conducting a periodic review of the
certified payroll records of the subcontractor and upon becoming aware of the failure of the
subcontractor to pay his or her workers the specified prevailing rate of wages.
CONSULTANT shall diligently take corrective action to halt or rectify any failure.
10. To the maximum extent permitted by law, CONSULTANT shall indemnify,
hold harmless and defend (at CONSULTANT's expense with counsel reasonably
acceptable to the CITY)the CITY, its officials,officers,employees,agents and independent
contractors serving in the role of CITY officials, and volunteers from and against any
demand or claim for damages, compensation,fines, penalties or other amounts arising out
of or incidental to any acts or omissions listed above by any person or entity (including
CONSULTANT, its subcontractors, and each of their officials, officers, employees and
86876-0001\1726353v2doc Agreement for On-Call Design Professional/Technical
Services
Exhibit°C"
H-62
agents) in connection with any work undertaken Orin connection with the Agreement,
including without limitation the payment of all consequential damages, attorneys'fees, and
other related costs and expenses. All duties of CONSULTANT under this Section shall
survive termination ofthe Agreement.
R0876-0001\1726353v2doo Agreement for On-Call Design Profession al/Technical
Services
Exhibit"C"
H_63