HomeMy WebLinkAboutEmpire Tree Experts 2009-07-15July 15, 2009
Empire Tree Experts
Attn: Mr. Lucas Graves
PO Box 45
Monte Rio, California 95462
RE: PO 039017 - Tree Removal, Todd Grove Park
Dear Mr. Graves:
I am writing you this letter to document incidents that occurred while your company was on-site
the week of June 29th, 2009, to perform the tree removal work at Todd Grove Park, (Purchase
Order 039017).
1. Arrival to the job site one day early.
Katie Merz, Community Services Supervisor and Tom Hamblet, Park/Gold Superintendent,
were in contact with you the week of June 22nd, 2009 to schedule the work. The date of the
work was set for July 1, 2009. You arrived one day early and had already begun before City
Staff could stop the work. This was a big concern to the Community Services department
because of the careful coordination of pool closure, and Day Camp activities in the Park -
and the safety issues that it involved. Fortunately, after an on-site meeting was conducted
between you, me, the Assistant City Manager, the Community Services Supervisor, and the
Parks Lead man, the City was able to do a work-around, and you and your crew were
allowed to continue with the work.
2. Damage to City property.
On the morning of June 30, 2009, while driving into the park, one of your company trucks
ran into, and caused severe damage to, one of the rock wall pillars. (Please see attached
diagram for pillar location, as well as pictures of the damaged pillar.) You did not report this
damage to the City. As is standard protocol, the City's police department took a report. An
incident report is also being filed with the City's Risk Manager. The City will be gathering
quotes for repair of the wall, and expects the work to be reimbursed by Empire Tree Experts.
3. Behavioral issues
I feel it is important to comment on your behavior that we witnessed, while you were
performing the work. You were disturbingly belligerent during our morning meeting the first
day as we were attempting to work through the scheduling issue. You later apologized for
your behavior. However, while in the tree, you were seen ranting and raving, and using
profanities that were loud enough to be heard at the other end of the park - all while the day
camp children were also within ear shot.
4. Use of Unlisted Subcontractor
After you completed the work, I learned that you used a subcontractor for this project that
was not disclosed in your bid. Your were required to disclose in your proposal the name and
location of each subcontractor. I also understand that you did not notify the subcontractor
that all workers performing the work must be paid prevailing wages. If the Labor
Commissioner were to determined that your failure to assure payment of prevailing wages
was done with fraudulent intent, under Labor Code §1777.1, you could be debarred from
performing any public work for three years.
Because of the above-described incidents and your unprofessional behavior, please accept this
letter as a formal notice that as the City's Purchasing Supervisor, I will not accept bids from your
company for future tree trimming and removal work, until I am satisfactorily assured that your
company will perform this work in a professional, level-headed manner and in full compliance
with all legal requirements. Tree removal creates many safety concerns, and it is imperative
that we feel comfortable about how these types of jobs are handled, and by whom.
We will be in touch with costs for the pillar repair.
Sincerely,
Mary ger)
Purch ing S
City o Ukiah
Cc: Jane Chambers, City Manager
Sage Sangiacomo, Assistant City Manager
Katie Merz, Community Services Supervisor
Melody Harris, Risk Manager
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