Agenda packet — Bell Gardens City Council, July 11, 2022 (part 2 of 2)

©,Copyright,State Farm Mutual.Automobile Insurance Company,2013 Exhibit 2 136

PO Box 853922Richardson,TX 75085-3922 COMMERCIAL AUTO 6028AU ADDITIONAL INSURED
(Prior Notice of Termination)
This.endorsement is a part of your policy.Except for the changes it makes,all other terms of the policy remain the same and apply to this endorsement.It is effective at the same time as your policy unless a different effective date is specified by us in writing.

It is agreed that LIABILITY —COVERAGE A of your policy is extended to the party named on the declarations page as an Additional.Insured.The Additional Insured is subject to the provisions of the policy granting coverage to an insured other than you.The Additional Insured:

1. has the same right of recovery under this policy as before:

2. is not liable for any premium or other expense under this policy:

3. is not a member of the State.Farm Mutual Automobile Insurance Company of Bloomington, Illinois.

This policy will not be changed or terminated as to the interest of the Additional Insured unless.we give such insured notice.The number of days' notice we will give is ten unless another number is shown on the declarations page.

POLICYHOLDER: GUS MARQUEZ DBA GREEN TECH IN
654 4003-B19-75 2013 FORD TRUCK F150
COVERAGE: BI AND PD LIABILITY$1 MIL
EFF DATE:Sept 19,2019 UNTILL TERMINATED
NAME OF PERSON(S)OR ORGAN IZATI ON(S):

City of Bell Gardens
Department of Public Works
8327 Garfield Ave
Bell Gardens, CA 90201
Exhibit 2 137

GREELAN-11 ..,_LSIMONSON
CORQ DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 11l412019

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER S NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holderis an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL. .....I S_ provisions IMPOR INSURED .or be endorsed.'
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of suchndorsement(s). c emm �_
NTACT
PRODUCER NAME
Leaders Choice Insurance Services Inc. PHONE FAX 700 E Street ...._ talc No)(866)913-7036 lac No Ext) (866)211 2123
E-MAIL info_@leaderschoiceins com
Sacramento,CA 95814 ADDRESS
_ _ INSURERAJ AFFORDING COVERA ___............. -....._ NAIC# INSURERA Falls Lake Fire 8r Casualt Coma,ny 15884
�,..,,,,,, .. .�,...... .,. ,,,_._._._._ .. .. y .....................

INSURED I INSURER 6
Greentech Landscape,Inc. INSURER C
PO Box 911124 INSURER D
Los Angeles,CA 90091

INSURER E

INSURER F
COVERAGES _ CERTIFICATE NUMBER:,µ,,,µ, ,^ ........ REVISION NUMBER_

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE

POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ....._ .......

INSR [--POLICY EFF POLICY EXP
LIMITS
E OF INSURANCE POLICY NUMBER
TYP �.IN wv �— E T PDIfro�'��I sM=Dffff_YYl..... . ............_ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE PREMISES{ ,,,,,,,, CLAIMS-MADE ❑OCCUR DAMAGES RENTED
,._ Ea occurrence) ,_$
(Anyone
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑jpCoT '�LOC PRODUCTS COMPIOPAGG $ OTHER .. $... ........ ....

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
AFa i;IFrident).

ANY AUTO j BODILY INJURY(Perrserson)
OWNED SCHEDULED
AUTOS ONLY I AUTOS BODILY INJURY(Per accident) HIRED I NOWOWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY {Per accident)
I UMBRELLA LIAB1{l{l{OCCUR j

EACH OCCURRENCE
1 EXCESS LIAB CLAIMS-MADE AGGREGATE $1$
DED F RETENTION$ _ ..... �..... . ��.. . ....,,,....._ — .-.

A _,......

WORKERS COMPENSATION 1 X PER OTH
AND EMPLOYERS'LIABILITY Y!N „ STATU (. ER FLA012668-00 10/1/2019 10I712020 1,000,000 ANY OFFICEWMEM ER EXCLUDED?ECUTIVE NIA E.L.EACH ACCIDENT (A6andato to NH 1,000,000
DESCRIPTION OF OPERATIONS below If yes,-describe under E.L.DISEASE-POLICY LIMIT,,$ 1'000'000 �- E.L.DISFJISE -EA EMPLOYEE $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) .... . —------
CERTIFICATEHOLDER CANCELLATION
.. - . .. — _ wm.....,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE.CANCELLED BEFORE Cit of Bell Gardens THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS.

Department of Public Works
8327 Garfield Avenue 1 ...... ..........r...„ _.__.... ...,. ..._.. ............

Bell Gardens,CA 90201 AUTHORIZED REPRESENTATIVE
__._..... —_........ ........._._—._.._.—._....._._ .......

The ACORD name and logo are registered marks of ACORD

Bond #36K000446
Premium $2,679.00

FAITHFUL PERFORMANCE BOND
FOR

PUBLIC WORKS LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
KNOW ALL MEN BY THESE PRESENTS that Greentech Landscape, Inc. ,as CONTRACTOR and The Ohio Casualty Insurance Company - _,as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of one Hundred Eleven Thousand Nine Hundred Thirty Six&0011Ofts Dollars ($111,936.00); which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release, either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 4th day ofNmemeer,2019.

CONTRACTOR* Greentech Landsca e, Inc.

By. _
SURETY* ty prance Company By � m The Oh>lo Casual �Irrsu � Shauna Lucero,Attorney-in-Fact
Subscrlbenandsworn-tothis day of—..----.---..-.- ---..

NOTARY PUBLIC _

SEE ATTACHED CALIFORNIA NOTARY ACKNOWLEDGEMENT
This This bond is effective November 4, 2019 to November 3, 2020, unless renewed by a new bored. If anew bond is not provided, it does not subject the surety to a claim on this bond. * Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address, and telephone number of Contractor: Greentech Lan
gQ?finc. . suretypc! representative : The Ohio Casualty Insurance Company P.O.Box 911124 17771 Cowan,Suite 100, Irvine,CA 92614 Los Angeles, CA 90091 D-5 (714)784-5539
(562)777-1962
Exhibit 2 139

ACKNOWLEDGMENT
.A notary public or other officer completing this
certificate verifies only the identity of the,individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Fresno )
OnLAZ-10L�f "I , �('� before me, Patrice Barile, a Notary Public (insert name and title of the officer)
personally appeared i r' t / .... _...._ . ..... who proved to me on the basis of satisfactory evidence to be the personXwhose name ism subscribed to the within instrument and acknowledged to me that.Wshe(fbe? executed the same in bis/her/tb&authorized capacitypse�, and that by,bis/herahssir signatureflfion the instrument.the person�4, or the entity upon behalf of which the persorDK acted, executed the instrument.

I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

PATRICE BARILE
WITNESS m hand and official seal �, :NMOTAFIYPUBLIC.CALIFORNIAy -0OMMISSION 2297274FRESNO COUNTYy Comm.Exp.July i8,2023 z, r
i
d
Signature �,' .... �, ., (Seal)
Exhibit 2 140

This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
�® The Ohio
Casualty
a cantan Insurance
Company ny Certificate No: 8201632 988470
Mutua.

SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized. under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and byauthority'herein set forth,does hereby name,constitute and appoint, Shauna Lucero
execute,seal,acknowledge and deliver,for and on Its behalf as surety and s its act and deed, and allll undertakings,bonds,recognizancesed,its true and Ireful bligmey i -in pursuance all of the city of Fresno state of C if there be more than one named, n to make, r y g and other sure obligations,In of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of___July 2019 .

Liberty Mutual Insurance Company
%NSU vf INS& a%Nsu The Ohio Casualty Insurance Company FOQ'co"'�`"ogy-'�yn . yJPc°aP°Rgr'�gy ��P.`oaPORa y� West American Insurance Company � � Fo therein contained by signing on behalf f the corporations by himself as a duly authorized officer. U uJ T
cu
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. r a F�f +NNW 1,, & m,.....,. Q�

ONWEALTH OF
O o N CUpper Me a Pastel
Montgomery OountyCo
I,!g- h F.y�C NIA c
r� M commission Expires seMarch 28,2021
e t7 ey, Y p a
_ ry O N
°� y; i
6 _ B
_ Teresa Past la 3
�t o
co P � vPa ? _- a Notary Public
Nsvo,. �c
P Member.Pennsylvania Assaraaaon of Notaries d O to ,�,.° W O
CU N
QThis Power of Attorney is made and executed pursuant Mto and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 60-S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o 0) Ed ARTICLE IV—OFFICERS:-Section 12.Power of Attorney. r�' o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the 70 >, President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o .� C: any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall N �-, " have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such" °D � instruments shall be as binding as if signed by the President and attested to by Secretary.Any power or authority granted to any representative or attomey-in4act under the E oNi Z provisions of this article maybe revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o I ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0- Any officer of the Company.authorized for that purpose in writing by the chairman or the president,and subject to such limitabons.as the chairman or the president may prescribe,1-0—T shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,.seal,acknowledge and deliver as surety any and all undertakings,1 bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so Executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.

Authorization—By unanimous consent of the Company's Board of Directors,the Company Consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 4th day of November 2019 tNSU
Mt Ya�4 ta y� Y, INSar&b°m yn0 d3c%HSU
p' °s
rNo''1cc'
19 991O°
.11919
B
a
4AMP5� a Y �N°IANP L� _. ... ....�.�..�
�a s �d Renee C.Llewellyn,,Assistant Secretary
EXhibW211873 LMIC OCIC WAIC Multi Go_062018 141

Bond#36K000446
Premium (included in
performance bond)

MATERIAL AND LABOR BOND
FOR

PUBLIC WORKS LANDSCAPE MAINTENANCE
IN THE CITY'OF-BELL GARDENS 1 �`
KNOW ALL MEN BY THESE PRESENTS that .Greentech Landscape, Inc ,as
CONTRACTOR, and The Ohio Casualty Insurance Company ,as SURETY, are held firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of One Hundred Eleven Thousand Nine Hundred Thirty Six&00110CMs Dollars ($111.936.00 ), which Is .50 percent of the total contract amount for the above-stated project,for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this4th day of November 201_
CONTRACTOR Greentech Landscape, Inc. _ITITIT _
SUR
ETY* The Ohio Casua� Insurance Com atn
BY: . .

Attorney-in-Fact
Subscribed and ski turn-t$ttais day of wm mmm__ ,20_.

NOTARY PUBLIC . ..._

SEE ATTACHED CALIFORNIA NOTARY ACKNOWLEDGEMENT
This bond is effective November 4, 201-9 to November 3, 2020, unless.renewed by a new bond. If a new bond is not provided, it does not.subject the surety to a claim on this bond:
*Provide CONTRACTOR/SURETY name, address and telephone number and the name, title, address; and telephone number for authorized representative.

Contractor: Greentech Landscape Inc. Surety: The Ohio Casualty Insurance Company P.O. Box 911124 17771 Cowan, Suite 100, Irvine, CA 92614 Los Angeles;CA 90091 D-7 (714)784-5539
(562)777-1962
Exhibit 2 142

ACKNOWLEDGMENT
A note public o notary r other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
liditv of that document.

State of California
County of Fresno )
On�O\/r.pLbeC r� (� before me, Patrice Barile, a Notary Public (insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the personXwhose n _ ._. ame ism
subscribed to the within instrument and acknowledged to me thatWshelthey executed the same in bis/her/t4&authorized capacitypW, and that by bis/her4thair signaturej2�on the instrument the personP4, or the entity upon behalf of which the persor K acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that,the foregoing paragraph is true and correct.
�I PATRICEBARILE
WITNESS my hand and official seal. NOTARY PUBLIC•CAUFORNIA oa COMMISSION#=7274

FRESNO COUNTY
My Comm.Exp.July 16.2023
Signature jj ��,,, „ '�aM. (Seal)
(. � � i °; Seal
Exhibit 2 143

This Power of Attorney limits the acts of those named herein,and they have no.authority to bind the Company except in the manner and'to the extent herein stated.

Liberty Liberty Mutual Insurance Company
Mutual
. T West e:Ohicau Insurance Company Casualty
Insurance
Company Certificate No: 8201632 988470
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts;and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein setforth,does hereby name,constitute and appoint, m m� Shauna Lucero
all of the city of Fresno state of CA each individually if there be more than one named,its true andµ lawfulmmattomey-in-fact make, ake to m
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall.be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

Liberty Mutual Insurance Company
P�iNSU PSI,( INS&,p� 1Nsu� The Ohio Casualty Insurance Company `� u5`PORer'gyp gJ �oRPOR9r`9y �6P�°aPOegr yo West American Insurance Company g :° °b n• m m
> � 1912mo o . 1919 1991 0r y
CXUS L O�//AMP9�aL�. Ys �NDIANP
CD �i7 * >, �hl*>� �M * tid By: ra e David M.Carey,Assistant Secretary �.

State of PENNSYLVANIA >•
County of MONTGOMERY ss c
ca
L) a) On this 26th day of July 2019 before me personally appeared David M.Carey,who acknowledged himself to.be the Assistant.Secretary of Liberty Mutual lnsuranceil o o Fa Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes Co CO
> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. - L)uJ IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year above written. c CL c N P Pqs .OM.
02 q o
m C: any and all undertakings,bonds,recognizances and.other surety obligations..Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall.c N > have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto.the seal of the Corporation.When so executed,such,—00 Z instruments.shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under the-0, provisions of this article may be revoked at anytime by.the.Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE All-Execution of Contracts:Section 5.Surety Bonds and Undertakings. L)m ,Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,I-Z r` shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and-execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes.David M.Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.

Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a Certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual.Insurance Company,and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 4th day of November 2019 , 1NSUIQ P INS a 1NSUR9
Z'2?P�oR,or.q��, yJ aPori}'Qqy \VP °r�r
J
CYig72 % o o�s 1919 1991 ,a�,4
o
�T a' By.

Yd a+Sd.4 CHU5 �� yVKHAMPe't�?a r 'NOIAµNP. a da Renee C.Llewellyn,Assistant Secretary--�� -
LMS-12873 LMIC OCIC WAIC Multi Co 062018
Exhibit 2 144

PROPOSAL SCHEDULE

PUBLIC WORKS LANDSCAPE MAINTENANCE CONTRACT
,r CITY OF BELL GARDENS
� �4�5�r !S'"m",✓ �"�:.Gd1P{��i�r�,„h�4u^n{r°�J trUt ��`drI' rY I�u;;''fir �p"cr.r;� "�"^ Yyrr�"' '3 x("�f Nd�tl+<j;j� I�'��`�p r��r °;J�.,Jl'1N n, Yyr✓�I 7.J.r";14' I�,rui�.�lyw�d 1 r �Y �� I"Ir i1i Ird6��✓" h� ku y79 KFI r �4 � "�{ 4"'Jr 1° ' I i , �{ � u r �� ppp��`�aV F��4yIN�4✓15 m ��r' ' r�� I �,

1. Eastern Ave.
32,591 S.F. Lawn $ 970.00
10,034 S.F. Shrubs and ground
cover $ 290.00
37,750 S.F. Irrigation system $205.00
Subtotal $ 1,465.00

2. Garfield Ave. 39,423 S.F. Lawn $ 1,100.00 24,769 S.F. Shrubs and ground $ 722.00
cover
64,192 S:F. Irrigation system
331.00 III
Subtotal $ 2,163.00
1700 S.F

3. Entry Islands Lawn $ 40.00
5,921 S.F, Shrubs and ground
cover $ 160.00
35 Each Palm Trees
$ 210.00
Subtotal $. 410.00

4. Florence Ave: 28,188 S.F. Lawn $ 800.00
�., _ .. ._.........
8,806 S.F. Shrubs and ground
$248.00
_..... cover

36.994 S.F. Irrigation system $ 182.00
8 Each Palm Trees*_ $ 50.00
*At Florence Ave./Florence Place Island Subtotal
C-2(a)
Exhibit 2 145

'
west of 1,265 S.F. Shrubs and ground
Garfield Ave cover $ 60.00
of-way on 3,298 S.F. Shrubs and ground

6. Woodworth
House
6,500 S.F. Lawn 100.00
4,630 S.F. Shrubs and ground
cover
Subtotal $..200.00

7. Water well at
68 270 S.F. Shrubs and ground
Subtotal $ 116.00

8. Clara St.

Subtotal
L----------- .............
'

11. Bell Gard ens 10 Acre Lawn
Park
Subtotal $1,6
--^

12Entru Areas
6709 Florence Ave 990 S.F.
northside, west of
Scout Ave.

Scout Ave 2,100 S.F.
westside south of
Florence Ave
Gage Bridge at 710 2,900 S.F. North.Side 1,500
Fwy South Side 1,400
I
Clara Street Bridge 2,840 S.F. North Side 1,415
at 710 Fwy South Side 1,425
8,830 S.F. Lawn 170.00
5,293 S.F. Shrubs and ground
cover $150.00
12,000 S.F. Irrigation system�M
$ 650.00__�
Subtotal $_9T000
i

13. Parking areas Shrubs and ground
Eastern Ave. 1,470 S.F. cover $60.00.
..............................
1,470 S.F. Irrigation system
$ 75.00
Subtotal $ 735.00
MONTHLY TOTALS $ 9,328.00
TOTAL ANNUAL COST(monthly x12) $ 111,936.00
(Figures)
....._........
.

One Hundred Eleven Thousand Nine Hundred Thirty-Six Dollars and No Cents {Print Total Annual Cost In Words)
C-2(c)
Exhibit 2 147

UNIT PRICE LIST
The following prices are hereby made a part'of this Agreement:

A. Unit Prices forAdditional Work

1. Miscellaneous irrigation repair parts at cost plus Fifteen percent.

2. Pop-up sprinkler in place 4-inch at $ 14.00 ea. 6-inch at $ 16.00 ea.
12-inch at $ 18.00 ea.

3. Pop-up gear drive sprinkler in place 4-inch at $ 25.00 ea. 12-inch at $45.00 ea.

4. Fixed shrub sprinkler in place at $ 18.00 ea.

5. Fixed shrub gear drive sprinkler in place at $35.00 ea.

6. 1-gallon shrub inplace at $ 9-00 .._ ea.

7. 5-gallon shrub in place at $25.00 ............._.. ea.

8. 24" Palm tree in place at $ 325.00 ea.

9. 36"Palm tree in place at $ 650.00 - ea.

10. Intentionally left blank at $ n1a wwwwwµwww ,. ea.

11. Intentionally left blank at $ nla ea.

12. Flat of ground cover in place at $ 00__.._ ea.

13. 4-inch potannual/perennial color at $ 2.25_ _. ea.

14. Planter bed mulch in place at $ 45.00 _ /cubic yard

16. Turf renovation (incl. dethatch, overseed, at $50.00 /1,000 sq. ft. top dress)

16. Turf aeration. at $ 20.00 /1,000 sq. ft.

17. Dethatch turf. at $40.00 mm /1,000 sq. ft.

18. Fertilize turf. at $15.00 /1,000 sq.ft.

Additi-on aflabor at $. _ �. /man-hour

20. Additional foreman at $35.00 /man-hour C-2(d)
Exhibit 2 148

21. Additional mowing at $ 2 25_. .........-- /100 sq.ft.

22. Play area sand delivered and
placed (sand shall be washed
plaster sand or equivalent at s 125 00 /ton approved by Engineer)
B. Unit prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor,equipment,tools, and incidentals. (Reference: Standard Specifications, Section 9-3 Payment, Subsection 9-3.1 (General.)
C. The foregoing unit prices are for.the purpose of expediting authorization of extra work as defined in Section 3-3 Extra. Work within these Specifications. The Agency is not bound by the prices listed by the CONTRACTOR in this proposal, nor will these prices affect award of the proposal. The prices will be subject to the conditions stipulated in Subsection 3-3.2 Payment of these Specifications, including Agency audit. The Agency reserves the right to negotiate the foregoing unit prices prior to execution of the Contract Agreement.

C-2(e)
Exhibit 2 149

EXHIBIT "B"

CPI REQUEST LETTER
5 Exhibit 2 150

L_ANOSCAPB IN C_
April 21,2022
Carlos Marin
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens,CA 92688
Dear Valued Customer,
We would like to thank you for allowing us to maintain your landscape needs.

We have endeavored to keep costs down to the lowest possible price by streamlining our business over the last several years. Due to the continued rising cost of fuel, labor, insurance,equipment,and materials we are requesting an 8%CPI increase for the monthly services from$9,328.00 to$10,074.24.

If you have any questions regarding this notice, please feel free to contact us at:800.420.1962 Sincerely,
Gus Marquez
President,Greentech Landscape, Inc.
13560 Telegraph Rd,Whittier,CA 90605
Tel:800.420.1962 Fax: 562.777.1962
Exhibit 2 151

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 10.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR WEST COAST ARBORIST, INC.

DATE: July 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

Consider approving the attached First Amendment and Resolution allowing a consumer price index (CPI) adjustment of 3% to the City's contract with West Coast Arborists, I nc. for citywide tree maintenance services.

BACKGROUND/DISCUSSION:

On October 12, 2020, City Council approved the award of a contract to West Coast Arborists, Inc. (WCA) for citywide tree maintenance services. The contract expires on October 12, 2023, with two optional one-year extensions through October 28, 2025. The City's annual not-to-exceed contract cost is $287,004 for the scope of services provided.

CPI Adjustment Request
On May 20, 2022, the contractor submitted the attached letter requesting consideration of a CPI increase in the amount of 3%, effective January 1, 2023, citing rising costs due to increases in labor and a May 2022 CPI of 7.9%.

A 3% CPI adjustment would increase the contractor's service rates as shown in the letter attachment, adjusting the WCA contract cost by a maximum of $8,610 annually.

Given that the governing contract is silent as to CPI increases Council approval is required.

The contractor has been performing services satisfactorily to date. They have maintained positive communication with staff and have been responsive in addressing issues or fulfilling requests. Staff is recommending a CPI adjustment of 3% to the City's contract with WCA for an increased annual not-to-exceed cost of $8,610, which would increase the total annual contract amount from $287,004 to $295,614.

CONCLUSION:

If the CPI adjustment is approved, the increase will take effect January 1, 2023.

FISCAL IMPACT:

The City's FY 2022-23 Public Works operations budget includes funding to cover the cost of this annual increase in 152

the amount of $8,610.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-70
Exhibit 2 - First Amendment and exhibits
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 153

RESOLUTION NO. 2022-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE

CONTRACT SERVICES AGREEMENT BETWEEN THE CITY AND WEST
COAST ARBORISTS, INC. FOR CITYWIDE TREE MAINTENANCE

SERVICES
WHEREAS, on October 12, 2020, the City of Bell Gardens and West Coast Arborists, Inc. executed and entered into a Master Agreement for Citywide tree maintenance services; and
WHEREAS, on May 20, 2022, West Coast Arborists, Inc. requested a CPI increase of three percent (3%) that would become effective as of January 1, 2023 and would be in place for the remainder of the Term (hereinafter "CPI Request Letter"); WHEREAS, the City and West Coast Arborists, Inc. now wish to increase the total Not-to-Exceed Sum by EIGHT THOUSAND SIX HUNDRED TEN DOLLARS ($8,610) for a new total Not-to-Exceed Sum of TWO HUNDRED NINETY-FIVE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($295,614) to account for the requested CPI increase which would be effective as of January 1, 2023 and would be in effect for the remainder of the Term.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves the First Amendment to the Contract Services Agreemens with West Coast Arborists, Inc.

SECTION 3. The City Council further approves the First Amendment to the Contract Services Agreemens with West Coast Arborists, Inc. accompanying this Resolution and authorizes and directs the City Manager to execute the First Amendment, along with all exhibits and other ancillary documents necessary to effectuate the intent and objectives of the First Amendment and this Resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

Exhibit 1 154

Resolution No. 2022-70
PASSED, APPROVED and ADOPTED this 11t" day of July, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
Exhibit 1 2 pA�

2022

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Citywide Tree Maintenance Services)
(Contractor: West Coast Arborists, Inc.)
THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "2020 Contract Services Agreement for Citywide Tree Maintenance Services in the City of Bell Gardens" and dated October 12, 2020 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of , 2022 (hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY') and WEST COAST ARBORISTS, INC. (hereinafter, "CONTRACTOR"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONTRACTOR. The capitalized term "Party" may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

RECITALS
This First Amendment is made and entered into with respect to the following facts:

WHEREAS, on October 12, 2020, the Parties executed and entered into the Master Agreement for Citywide tree maintenance services; and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, under the terms of the Master Agreement the CITY agreed to pay CONTRACTOR a total not-to-exceed sum of TWO HUNDRED EIGHTY-SEVEN THOUSAND FOUR DOLLARS ($287,004) (hereinafter, "Compensation") to provide Citywide tree maintenance services; and
WHEREAS, on May 20, 2022, CONTRACTOR requested a CPI increase of three percent (3%) that would become effective as of January 1, 2023 and would be in place for the remainder of the Term (hereinafter "CPI Request Letter"); and WHEREAS, the CPI Request Letter is attached and incorporated hereto as Exhibit "B"; and
WHEREAS, the Parties now wish to increase the total Not-to-Exceed Sum by EIGHT THOUSAND SIX HUNDRED TEN DOLLARS ($8,610) for a new total Not-to- Exceed Sum of TWO HUNDRED NINETY-FIVE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($295,614) to account for the requested CPI increase which would be effective as of January 1, 2023 and would be in effect for the remainder of the Term; and
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows- 1 Exhibit 2 156

SECTION 1. Section 4b. (COMPENSATION) of the Master Agreement is hereby amended to increase the Not-to-Exceed Sum of TWO HUNDRED EIGHTY-SEVEN THOUSAND FOUR DOLLARS ($287,004) by EIGHT THOUSAND SIX HUNDRED TEN DOLLARS ($8,610) for a new total Not-to Exceed Sum of TWO HUNDRED NINETY- FIVE THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($295,614) which shall be effective as of January 1, 2023 and shall continue through the remainder of the Term.

SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 24 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
(SIGNATURES ON NEXT PAGE)
2 Exhibit 2 157

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY: CONTRACTOR:

CITY OF BELL GARDENS WEST COAST ARBORISTS, INC.

By: By:

Michael B. O'Kelly, City Manager
Name-
Title-
Date- Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date-
3 Exhibit 2 158

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 159

CITY OF BELL GARDENS

CONTRACT AGREEMENT
FOR

CITYWIDE TREE MAINTENANCE SERVICES

IN THE CITY OF BELL GARDENS
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 12 day of October 2020 (hereinafter, the "Effective Date"), by and between the City of Dell Gardens, a municipal corporation (hereinafter, "City") and West Coast Arborists Inc, (hereinafter, "Contrao oe'). For the purposes of this Agreement, City and Contractor may be referred to collectively by the capitalized term "Parties," The capitalized terra "Party" may refer to City or Contractor interchangeably, WHEREAS,, City is a municipal corporation organized ender the laws of-the State of California, with power-to contract for services necessary to achieve its purpose; and WHEREAS,EA , City desires to engage the services of a company to perform Citywide Tree Maintenance Services„ and
WHEREAS, on August 12, 20 0, City issued a Requested for Proposals for Public Works Street Tree Maintenance Services; and
WHEREAS, City staff has determined that Contractor possesses the skills, experience and expertise necessary to complete required landscaping and maintenance; and
WHEREAS, the execution of this Agreement was approved by the City of Bell Gardens Council at its Regular Meeting of October 12, 2020.

NOW, THEREFORE, -for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

Section 1. Term.
as 'This Agreement shall commence on the Effective Date and shall have a Term of three ( ) years. This Agreement may be extended by City subject 'to its same terms and conditions for two (2) additional extension terms of one (1) year, provided City issues written notice of its intent to extend the Terra of the Agreement prior to the expiration of the initial Term.

Exhibit 2 160

b. Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section 5 of this Agreement.

Section 2. Scope of Work.
a. Subject to the terms and conditions of this Agreement, Contractor agrees to provide citywide tree maintenance services and tasks that are set forth in that certain request for proposal of the City entitled "Request for Proposal Public Works Citywide Tree Maintenance Services" issued on August 12, 2020 (the "City RFP") which attached and incorporated hereto as Exhibit "A"; and b. That certain written proposal for citywide tree maintenance services entitled "Request for Proposal for Citywide Tree Maintenance Services for City of Bell Gardens" dated September 2, 2020 (the Contractor Proposal") which is attached and incorporated hereto as Exhibit "B".
c. For purposes of this Agreement, the capitalized term "Scope of Work" shall be a collective reference to City RFP and the Contractor Proposal. In the event of any conflict or inconsistency between the provisions of the City RFP and the Contractor Proposal, the City RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
d. Contractor also agrees to furnish City with all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For purposes-of this Agreement, the capitalized term "Work" shall be a collective reference to all of the various services and tasks described under the Scope of Work.

Section 3. Prosecution of Work.
a. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of City's issuance of a written notice to proceed ("Notice to Proceed"). b. Contractor shall cooperate with City and in no manner interfere with the work of City, its employees or other consultants, contractors or agents.

Exhibit 2 161

c. Contractor shall not perform, any additional services or tasks beyond those expressly identified in the Scope Work without prior authorization from City in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information City deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have, been authorized by the City Representative.

Section 4. Compensation.
a. Contractor shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly crates provided in Contractor's Required Forms for Submittal.
b. Section 2(a) notwithstanding, Contractor shall perform all of the various services and tasks that comprise the Work for an annual not-to-exceed sum of TWO HUNDRED EIGHTY SEVEN AND FOUR DOLLARS ($287,004) (hereinafter, the "Not-to-Exceed Sum"). Contractor further agrees -that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipmenit, services, tasks and Incidental and customary work necessary to competently perform and timely complete the Work. As specified under subsection (d) of this Section, below, the Not-to-Exceed sum shall be paid to Contractor in Increments as the Work is completed,
c. In the event Contractor's charges are projected to exceed the Not-to-Exceed Sum prior to the completion of all of the Work, City may suspend Contractor's performance pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City-approved amendment to the compensation terms of this Agreement.
d. Following the conclusion of each calendar month, Contractor shall submit to City an itemized invoice indicating the services and tasks performed during the recently concluded calendar month. If any subtotal of charges set forth in the invoice is a function of hours worked by Contractor's personnel, the invoice shall indicate the number of hours worked in the recently concluded' calendar month, the job title/classification of the persons) performing the services or tasks, the rate of compensation at which such services and tasks were performed, the subtotal for Exhibit 2 162

each task and service performed and a grand total for all services performed within the subtotal. Within thirty (30) calendar days of receipt of each invoice, City shall notify Contractor in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor.

Section 5. Standard of Care. Contractor represents, acknowledges and agrees as follows:
a. Contractor shall perform all Work skillfully, competently and to the highest standards applicable to the Contractor's field;
b. Contractor shall construct and complete the Work in a good, workmanlike and prompt manner reasonably acceptable to City and shall furnish all labor and materials necessary to accomplish the same;
c. Contractor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 andl the Political Reform Act (Government Code Section 81000 et seq.);
d. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; e. All of Contractor's employees and agents (including but not limited to Contractors subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
f. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

Contractor's employees, agents, subcontractors and subconsultants. Such effort by Contractor to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion, The Parties acknowledge and agree that Contractor's acceptance of any work performed by Contractor or on Contractor's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Contractor, including but not limited to the representation that Contractor possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.
a. City Representative. For the purposes of this Agreement, the City's representative shall be Director of Public Work, Chau Vu (hereinafter, the "City Representative").

It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions which must be made by City to the City Representative. b. Contractor Representative. For the purposes of this Agreement, Contractor hereby designates Victor Gonzalez, M.A. Vice President , as its representative authorized to act on its behalf with respect to Contractor's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to Contractor.

Section 7. Contractor's Personnel
a. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for Contractor to competently and timely complete any tasks and services requested by way of City-issued Work Order. All work, services and tasks will be performed under Contractor's supervision, and Contractor's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement, including subcontractors and their personnel, shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks on behalf of Contractor.
b. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work, Contractor Exhibit 2 164

shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder. c. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
d. If, at any time during the term of this Agreement, City requests the removal of any person(s)or subcontractor(s) assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving notice from City of such request.
e. Contractor shall be responsible for payment of all wages and benefits owed to Contractors employees and the payment of subcontractors engaged by Contractor in the performance of this Agreement. Contractor shall also comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
f. Contractor shall obtain and maintain during the Term of the Agreement all necessary licenses, permits and certificates required by Ilaw for the performance of the Work contemplated under this Agreement.

Section 8. Warranty.
a. Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall: (i) meet all conditions of the Agreement; and (ii) shall be free from all defects in design, materials and workmanship for a period of one (1) year after completion of the Work and acceptance by City. If any defects are discovered within twelve (12) months following acceptance by City, Contractor shall be solely responsible for the correction of those defects and Contractor's sole cost and expense. The warranty set forth under this subsection (a)of Section 7 shall be in addition to any warranties for materials used, equipment installed, and improvements constructed by Contractor in the performance of this Agreement.
b. Contractor shall transfer to City all of Contractor's rights to and interest to any and all manufacturers' warranties or guarantees for any materials, equipment or fixtures installed by Contractor in the performance of this Agreement. Where applicable, City shall be named as the owner-beneficiary in any such warranties or guarantees. Contractor shall deliver to City all the written material comprising the Exhibit 2 165

manufacturers' warranties or guarantees. Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City starts using the equipment or fixtures. All manufacturers' warranties or guarantees shall be in addition to the Contractor's warranty set forth under subsection (a) of this Section, above or subsection (c) of this Section, below.
c. In addition to all manufacturers' warranties and all other warranties implied by law, Contractor warrants that all materials used, equipment installed, and improvements constructed in the performance of this Agreement shall conform to the Scope of Work and any additional plans, drawings or specifications incorporated into this Agreement.

Section 9. Surety Bond.

A. Performance Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not-to-Exceed Sum. The Performance Bond shall be in a form approved Iby City. No payment shall be made to Contractor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.

B. Labor and Materials Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the :,Not-to-Exceed Sum. The Labor and Materials Bond shall be in a form approved by City. No payment shall be made to Contractor until the Labor and Materials Bond has been received and approved by the City.

Section 10. Documents and Data. All specifications, operational manuals, reports, documents or other written material ("written products") developed by Contractor in the performance of this Agreement shall be and remain the property of City. All data, documents, discussion, or other information received by Contractor from City or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written consent by City. City shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.

Section 11. Prohibited Interests. Contractor warrants, represents and maintains that it has not employed inor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Contractor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement Exhibit 2 166

without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 12. Independent Contractor.
a. The Parties acknowledge, understand and agree that Contractor and Contractor's employees, subcontractors, subconsultants and agents and all persons or entities acting on Contractor's behalf in the performance of this Agreement are independent contractors and not employees, officers or officials of the City.

Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Contractor has no, authority or responsibility to exercise any rights or power vested in City. No agent, officer, or employee of City is to be considered an employee of Contractor. It is understood by both Contractor and City that this Agreement, shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture. b. Contractor, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees, officials or officers of'the City. c. Contractor shall determine the method, details and means of performing the Work.

Contractor shall be responsible to City only for the requirements and results specified in this Agreement or any individual Work Order. Contractor has control over the manner and means of performing the services under this Agreement.

Contractor is permitted to provide services to others during the same period as it provides services to City under this Agreement.
d. If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Contractor. e. As an independent contractor, Contractor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

Exhibit 2 167

Contractor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Contractor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that Contractor executes in connection with the performance of this Agreement.

Section 14. Non-Discrimination. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical' handicap, medical condition, marital status, age (over 40) or set. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder(California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This Contract shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

Payment is not required as a condition precedent to an Indemnitee's right to Exhibit 2 168

recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this lindemnification provision.

Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or(b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s)which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be shall be selected by Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. b. Contractor's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

any insurance policies are determined to be applicable 'to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor's covenant under this Section shall survive the termination of this Agreement. e. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due -to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any re imbursernent or indemnification arising under this Section.

Section 16. Prevailing Wages and General Labor Compliance and Reporting. a. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay(not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY,forfeit twenty-five dollars($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the wolrker is required or permitted to work more -than 8 hours in any one calendar day and 40 Ihours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 78 Division 2 of the California Labor Code, which is incorporated by this reference as though fully set-forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONT RACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request, CONTRACTOR shall post a copy of said prevailing rate of per them wages at each job site.

Exhibit 2 170

b. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section. c. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments. d. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
e. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such linformation as maybe called for under Labor Code Section 1776 and other applicable provisions of State law. f. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully falls to comply with the provisions of California Labor Code Exhibit 2 171

Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3)years from the date noncompliance is determined and be assessed civil penalties.
g. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of$1,000,000 per accident before commencing the performance of the work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires 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." A subcontractor is not allowed to commence the Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records.
h. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

Exhibit 2 172

Section 17. Insurance.
a. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with iminimum limits of One Million Dollars($1,000,000)for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Worker's Compensation insurance as required by the State of California. b. Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. c. The 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:VII in the latest edition of Best's Insurance Guide.
d. Contractor agrees that if it does not keep the insurance required in this Agreement 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. e. Prior to commencement of work under this Agreement, Contractor shall file with City's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
f. Contractor shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
g. The general liability and automobile policies of insurance shall contain an endorsement naming City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City.

Exhibit 2 173

Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor' with regard to any notice provisions.
h. The insurance provided by Contractor shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.
i. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor's employees, agents, subcontractors, or volunteers from waiving the right of subirogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
j. Any deductibles or self-insured retentions must be 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.
k. If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

1. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

Section 18. Records and Inspection. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the City to evaluate the performance the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

Section 19. Termination.
a. Termination for Convenience. City may iimmed lately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to Contractor specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Representative. Contractor may only terminate this Agreement for cause.

Exhibit 2 174

b. Termination for Cause. In the event either Party falls to perform any duty, obligation, service or task set forth under this Agreement or any Work Order (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement or any Work Order), an event of default(hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii)the action required to cure the Event of Default; (iii)a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 19(b)(2) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party falls to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

An Event of Default shall include, but shall not be limited to the following: (i) Contractor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Contractor's,and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Contractor, whether voluntary of involuntary; (iv) Contractor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by Contractor relating to this, Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. Contractor shall cure the following Events of Defaults within the following time periods:

L Within three (3) business days of City's issuance of a Default Notice for any failure of Contractor to timely provide City or City's employees or agents with any information and/or written reports, documentation or work product which Contractor is obligated to provide to City or City's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
Exhibit 2 175

ii. Within thirty(30) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

2. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by Contractor within thirty (30) calendar days of Contractor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within five (5) calendar days from the date of Contractor's Default Notice to City.

3. City, in its sole and absolute discretion, may also immediately suspend Contractor's performance under this Agreement or any individual Work Order (or the performance of any specific task or function performed by Contractor under this Agreement or any individual Work Order) pending Contractor's cure of any Event of Default by giving Contractor written notice of City's intent to suspend Contractor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Contractor shall be compensated only for those services and tasks which have been rendered by Contractor to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as Exhibit 2 176

provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or 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.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

L Upon written notice to Contractor, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Contractor, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractor's breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Contractor shall be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.

6. In the event City is in breach of this Agreement, Contractor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to Contractor under this Agreement for completed services and tasks. 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.

7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, Exhibit 2 177

warranty, agreement, term, condition, duty or requirement contained in this Agreement. 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 20. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Contractor and without the fault or negligence of Contractor, including but not limited 'to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,, wars, litigation, andl/or acts of any governmental agency, including, the City, if the Contractor shall within three (3)calendar days,of the commencement of such delay notify the City Representative In writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services -for the period of the enforced delay when and if lin the judgment of the City Representative such delay is justified, The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section,
Sectio . Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the -third business day following deposit in the, United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties imay, from time to time, designate, in writing.

If to City: If to Contractor:

City of Bell Gardens West Coast Arborls,ts Inc.

Department of Public Works Victor Gonzalez
7100 Garfield Avenue 2200 E. Via Burton Street
Bell Gardens, CA 92688 Anaheim, CA 92806
Phone: (5162)8106-7700 Phone: 714-991-1900
Attn: Public Works Director
With a courtesy copy to:

Rick Olivarez, City Attorney
Olivairez Madruga Lemieux O'Neill,
LLP
500 S. Grand Ave. Floor 12
1 os Angeles, CA 90071
Telephone: 1(213)744-0099
Facsimile: (213)744-0093
Exhibit 2 178

Section 22. Prohibition. Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part,without City's prior written consent, and any attempt,to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 23. Attorneys' Fees. In the event that City or Contractor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover its costs of suit, including reasonable attorneys' fees.

Section 24. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Contractor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by City and Contractor.

Section 25. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 26. Severabillity. Wherever 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.

Section 27. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 28. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
(SIGNATURES ON NEXT PAGE)
Exhibit 2 179

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives-to execute this Agreement on the dates set forth below, AgcitYy "Contractor"
CITY OF BELL GARDENS: WEST COAST ARBORISTS)i C.

By:

Patrick Mahoney, President
By:

Michael B. O'Kelly, City Manager
Date: October 14, 2020
Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Exhibit 2 180

EFFECTUATE HI AGREEMENT, ft putes have caused&teir 664 audritiftzed representatives,to executethis,Agfeement on the dates wt forth W-J . docit ,contractoe,
CITY OF L ,,: WEST COAST ARBORISTSR INC.

By:
si en
BY:

Michael B. O'Kelly, Itlty Manager
Date. October 14, 2020
"` � M..f �
Date.
1 APPROVED A5 TO FORM:

I
By. on behalf o
Ride Olivarez,City Attorney
Exhibit 2 181

EXHIBIT "A"

CITY RFP
Exhibit 2 182

REQUEST FOR PROPOSALS
� d

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

PUBLIC WORKS STREET TREE MAINTENANCE SERVICES

IN THE CITY OF BELL GARDENS
City of Bell Gardens
Public Works Department
8327 South Garfield Avenue
Bell Gardens, CA 90201
Phone: 562-806-7770
Fax: 562-806-7789
August 12, 2020
PRE- PROPOSAL CONFERENCE:

Not Required
PROPOSAL DUE DATE:

September 2, 2020 by 5:00 P.M.

SUBMIT PROPOSALS TO:

ATTN: Chau Vu
City Clerk's Office
7100 Garfield Avenue
Bell Gardens, CA 90201
Exhibit 2 183

CITY OF BELL GARDENS

REQUEST FOR PROPOSALS
FOR

STREET TREE MAINTENANCE SERVICES

IN THE CITY OF BELL GARDENS

PROPOSALS SCHEDULE
Proposals Period: August 12, 2020 to September 2, 2020 Proposal Due Date: September 2, 2020 by 5:00 P.M.

Tentative Award Contract September 28, 2020 City Council Meeting Tentative Start Date October 1, 2020
Proposals must be certified mail to submitted and received at the City of Bell Gardens, Office of the City Clerk, 7100 Garfield Avenue, Bell Gardens, CA 90201, up to 5:00 P.M. PST on Wednesday, September 2, 2020. Only certified mail, FedEx, GSO proposals postmarked on or before September 2, 2020 will be accepted.

Exhibit 2 184

TABLE OF CONTENTS
NOTICE INVITING PROPOSALS A-1 THRU A-2
INSTRUCTIONS TO PROPOSERS B-1 THRU B-12
SPECIFICATIONS FOR STREET TREE MAINTENANCE C-1 THRU C-22 General C-1
Term of Contract C-1
Scope of Work Under This Contract C-1 THRU C-20
Contractor's Liabilities C-20 THRU C-21
Workmen's Compensation C-21
Recycling Waste C-21
Emergency Response Service C-2
SAMPLE CONTRACTRUAL SERVICES AGREEMENT D-1 THRU D-18 REQUIRED FROMS FOR SUBMITTAL E-1 THRU E-14
Proposed Pricing for Tree Pruning E-1
Proposed Pricing for Extra Work Services E-2 THRU E-3 Designation of Subcontractors E-4
Non-Collusion Affidavit E-5
Contractor's Organization Statement and Performance
History E-6 THRU E-10
References Forms E-11 THRU E-14
Exhibit 2 185

/111\� -,
Exhibit 2 186

NOTICE INVITING PROPOSALS
FOR

STREET TREE MAINTENANCE SERVICES

IN THE CITY
PUBLIC NOTICE IS IV that the City of Bell Gardens as AGENCY, invites sealed proposals for Request for Proposals for the above-stated project and will receive such proposals in Office of the CityClerk, 7100 GarfieldAvenue, II Gardens, CA 90,201, up to 5:00 P.M. on Wednesday, September Only il, FedEx, GSO bids postmarkedr before September 2020 it be accepted.

Copies of the Requests for Proposals, Proposals Documents, Contract Documents and Specifications are available on the Ci "s website at tt sJ/ .bell ar ens.or /i- ant-to/view®bids-rf s/rf s®and ids The Requests for Proposals, Proposals Documents, Contract Documents and Specifications can also be emailed, at no cost.

Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. In accordance with Labor Code Section 1770 et seq., the Project is a "public work,". The selected Proposer (Contractor) and any Subcontractors shall pay wages in accordance with the determination oft e Director of the Department of Industrial Relations (" I ") regarding the prevailing rate of per them wages. Copies of those rates are on file with the DI , and are available to any interested party upon request. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per them wages at each job site. This Project is subject to compliance monitoring enforcement by the DIR, In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to proposals on, be listed in a proposals proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited xceptions for proposals purposes only under Labor Code Section 1771.1(a)]. Contractors shall provide their DIR Contractor Registration Number in the Pricing Proposal for Tree Pruning.

Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per them wages for each craft, classification or type of workman needed to execute the contracts all be those determined by the Director of Industrial Relations of the State of California ( I ).

Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1966) and 1777.5 of the Labor Code concerning the employment of apprentices y the CONTRACTOR or any such subcontractor under him. Affirmative action to ensure against discrimination, in employment practices on the basis of race, color, Am1
Exhibit 2 187

national origin, ancestry, sex, religion or handicap will also be required.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR, or subcontractor, offers and agrees to assign to the awarding body 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. Section 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 the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.

The successful proposer shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class C-27 (Landscaping) and a C-61/D-49 (Limited Specialty/Tree Service) at the time this contract is awarded. The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Bell Gardens.

No Proposals Bond is required. The City shall not be liable to pay any cost incurred by any firm or persons in submitting a proposal in response to this request for request for proposal_
Proposals must be prepared on the approved Proposal forms in conformance with the Instructions to Proposers and submitted in a sealed envelope plainly marked on the outside as follows:
" SEALED PROPOSALS FOR STREET TREE MAINTENANCE SERVICES IN THE CITY OF BELL GARDENS—
DO NOT OPEN WITH REGULAR MAIL"
The AGENCY reserves the right to reject any or all proposals, to waive any irregularity and to take all proposals under advisement for a period of 60 days.

BY ORDER OF the City of Bell Gardens.

A-2
Exhibit 2 188

CITY OF BELL GARDENS

INTRODUCTION
The City of Bell Gardens is soliciting Requests for Proposals (RFP) from qualified firms to perform tree trimming and tree maintenance services citywide. The selected firm will also be responsible for responding to the City's emergency tree issues.

Work will be available from time to time at different sites within the City, and will number approximately 1,500 to 2,500 raisings, trimmings or removals per year. The City has approximately 3,900 to 4,700 trees which make up its urban forest which includes, but is not limited to, all city parks, facilities, streets, median islands and city-owned facilities.

The purpose of this contract is to perform specified street tree service work on each tree designated by the Director of Public Works, or her designee, of the City of Bell Gardens (herein-after Director).

PROPOSALS SUBMISSION INSTRUCTIONS

CONTRACT DOCUMENTS
The Contract Documents shall consist of these Proposal Instructions together with the Notice Inviting Proposals, Proposal Forms, Contract Forms, and Specifications; all of which are on file and may be obtained as noted in the Notice of Inviting Proposals.

PROPOSALS
Proposals shall be made on the Proposal forms contained in the Contract Documents. All Proposal forms shall be properly executed with all items filled in, including the longhand signature of all persons signing the proposal. The forms should be competed without interlineations or alterations.

The Proposer shall include the cost of all labor, materials, equipment, supervision, applicable taxes, overhead and profit in his unit proposals prices and any other factors that are necessary to provide the services required by these Specifications.

RESPONSE TO PROPOSAL
In addition to the proposed pricing the proposal at minimum must contain following:

A. Introduction, which includes:
i. Identification of the offering company including name, address, telephone, email, and fax number
ii. Acknowledgment of the receipt of RFP addenda if any; and iii. Name(s), title, address, email, and telephone number of contact person during period of proposal evaluation.
iv. Department of Industrial Relations License Number.

B-1
Exhibit 2 189

B. Qualifications: The overall capabilities of the contractor's organization should be discussed in this section. Include a brief summary of the firm's history, its recent related experience of top-level management and the ability of persons assigned to perform the work. Possession of appropriate business license and any specified certifications.

C. Personnel: This section must delineate the experience, license, certification, and/or background of the personnel and an organization chart.

E. References: List three (3) former or present municipal clients for whom comparable services have been performed by the firm's employees within last five years. Include the name, mailing address, and telephone number of each client's principal representative. References may be contacted with a request to rate the quality of the firm's service.

F. Authorization: The proposal shall be signed by an official authorized to bind the firm and shall contain a statement to the effect that the proposal is valid for sixty (60) days.

TERMS
The terms bid(s) and proposals(s) are interchangeable and shall be considered to mean the same in these Contract Documents.

PROPOSERS EXAMINATION
Before submitting a proposal, the proposer shall carefully examine the scope of services and other contract documents and ensure that he/she has a clear understanding of the contract requirements regarding the performance of services

INTERPRETATION OF PROPOSAL AND DOCUMENTS
If any person contemplates submission of a proposal for the proposed contract and is in doubt as to the true meaning of any part of the scope of services, or other proposed contract documents, or finds discrepancies in, or omissions from the proposal, he/she may submit to the Director of Public Works a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. Neither the Director of Public Works or the Agency will be responsible for any other explanation or interpretation of the proposed documents.

Proposals shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered.

Exhibit 2 `"I io

LEGAL RESPONSIBILITIES
All proposal's must be submitted, filed, made, and executed in accordance with State and Federal laws relating to proposals for contracts of this nature whether the same are expressly referred to herein or not.

Any Proposer submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in scope of services, contract documents, and to full compliance therewith.

SUBMISSION OF PROPOSAL
Proposals must be prepared on the approved Proposal forms in conformance with the Instructions to Proposers and submitted in a sealed envelope plainly marked on the outside as follows:

SEALED PROPOSALS FOR STREET TREE MAINTENANCE SERVICES IN THE CITY OF BELL GARDENS—
DO NOT OPEN WITH REGULAR MAIL"

DELIVERY OF PROPOSALS
Proposals may be mailed or delivered by messenger. However, it is the proposer's responsi- bility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the proposals opening hour stipulated in the Notice Inviting Sealed Proposals.

Late proposals will not be considered and will be returned to the proposer unopened.

WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the (proposer. Such requests must be delivered to the AGENCY'S designated official prior to the proposals opening hour stipulated in the Notice Inviting Sealed Proposals. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the proposer to submit a new proposal, providing there is time to do SO.

REJECTION OF (PROPOSALS
This RFP does not commit the City to award any contract. The City reserves the right, at its sole discretion, to reject any or all proposals without penalty, to waive irregularities in any proposals or in the RFP procedures, and to be the final judge as to which proposals are responsive, responsible and most qualified. Any proposal that contains items not specified, items that are incorrect, has incomplete portions of items scheduled, or does not respond to items in the manner specified in this RFP may be considered non- responsive and may be rejected on these bases at the sole discretion of the City. Proposals offering less than 90 days for acceptance from the proposed Proposals Due Date may be considered non-responsive and may be rejected.

Non-award of any proposal will not imply any criticism of the proposal or convey any indication that the proposal was deficient. Non-award of any proposal will mean that B-3
Exhibit 2 191

either another proposal was deemed more advantageous to the City, or that no proposal was deemed acceptable.

NON-COLLUSION AFFIDAVIT
Proposer shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no office, agent, or employee of the City of Bell Gardens is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a proposal for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.

DISCREPANCIES AND MISUNDERSTANDINGS
Proposers must satisfy themselves by personal examination of the work site, Plans, Specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties ,under which the work must be performed. No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or�amount of work necessary for the satisfactory completion of the job. It is the proposer's responsibility for the accuracy of their proposals and to ensure that the proposed amounts are entered correctly and mathematically checked. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

If the unit price and the total amount named by the proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intentions, and the totals will be corrected to conform thereto. Any error in addition of the amounts constituting the items of the Proposals Schedule will be corrected and such corrected total shall be used to determine the successful proposer. All prices or sums shall include all sales and other taxes which may be applicable.

PROPOSERS INTERESTED IN MORE THAT ONE PROPOSALS
No person, firm or corporation shall be allowed to make or file, or be interested in more than one proposals for the same work, unless alternate proposals are called-for. However, a person, firm or corporation who has submitted a sub- proposal to a proposer, or who has quoted prices on materials to a proposer, is not thereby disqualified from submitting a sub-proposal or quoting to other proposers.

B-4
Exhibit 2 192

AWARD CRITERIA
General Provision — The award of any contract shall be at the sole discretion of the City. It is the intent to make an award to one Proposer for all requirements although the City reserves the right to make multiple awards depending on the City's needs and what is in the best interest of the City. The City may accept or reject any or all proposals in whole or in part and may waive informalities in the process. The contents of the proposal of the selected Proposer will become the basis for a contractual obligation when the award of proposals is made.

Tree Maintenance Services Proposals Award — EVALUATION CRITERIA Proposals that meet the submittal requirements will be selected for further evaluation and negotiations by the City. Selection of the top proposals shall be based on the following criteria:

Evaluation Criteria Points
Possible
A Thoroughness and completeness of the proposal 5 ............................................._..........................................................

B Qualifications (company organization, 20
licensed/staff)
__________........___.....__........_.._..__________......__.._.-------- C Resources (equipment, number of personnel 20.._........ assigned to contract)
_..............................................----._-------_..............................................

D Level of experience with similar projects 20 .......... ____
E References from public agencies (city reserves 10 right to contact any former agency not referenced)
..................

F Costs 20
................................................................................................................................. ........................._......._. _....__.._._._._ G Community Benefit 5
............................... ....................____...

Total Points Possible 100
At the conclusion of the Proposal solicitation period, the City will review each submission, and then rank the Proposals according to evaluation criteria. Upon determination of the highest ranked Respondent, the City will endeavor to negotiate a mutually agreeable fee with the selected Respondent. If the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Respondent selected by the City.

B-5
Exhibit 2 193

Prevailing Wages Rates
It shall be mandatory upon the Contractor to whom the agreement is awarded to pay not less than the prevailing rates of wages to all workers employed by him in the execution of the agreement. The Contractor will be required to comply with the California Labor Code, Article 2, Section 1770 through 1780 inclusive and Article 5, Section 1810 through 1861 inclusive (Laws and Regulations governing the payment of prevailing wages). The Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. Contractor and any of their subcontractors shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per them wages paid to each journeyman, apprentice, worker, or other employee employed. The payroll records shall be certified, available for inspection, and copies thereof furnished with the payment requests as prescribed in Section 1776 of the Labor Code. Contractor shall keep the City informed as to the location of the records and shall be responsible for the compliance with these requirements by all subcontractors.

AWARD OF CONTRACT
Issuance of this RFP and receipt of proposals does not commit the City to award a contract. If awarded, the contract will be awarded based on demonstrated experience and professional qualifications. The City reserves the right to reject all proposals and to contract for services in the manner that most benefits the City including awarding more than one contract if desired. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the contractor to whom the award is contemplated.

TERM OF CONTRACT
The initial contract shall cover three (3) years and the contract period shall be three years from date of execution by the City. The City may extend the effective termination date of the contract, thereafter, by imutual agreement of the parties for one year periods, not to exceed twenty-four (24) months. The renewal periods can be authorized administratively by the City Manager.

Any increase in costs of the services, if approved by the City Manager, will be adjusted up to the C.P.I. of the Los Angeles region. This increase will not exceed 3% at any one time and the request must be submitted in writing with documentation verifying the percentage. The written request must be submitted by June 30 in order to take effect January 1 of the following year, B-6
Exhibit 2 194

Proposer understands that this contract shall not bind nor purport to bind the City of Bell Gardens for any contractual commitment in excess of the original contract period. In the event the City exercises its options, all terms, conditions, and provisions of the original contract shall remain the same and apply during the extension period, unless otherwise mutually agreed to in writing by both parties.

Negotiations for contract extension may begin three (3) months before the effective termination date of the agreement in force and they shall end forty-five ( ) days after the beginning date for contract extensions Should the city and the contractor not agree to the terms of a contract extension, the city may request proposals for the service with the intent that the service will continue interrupted until a new contract is awarded.

CONTRACTAMENDMENT OF
t any time during the contract, including those times when the contract is amended to extend the length of the contract, the city may, with the approval of the Bell Gardens City Manager, enact amendments to the contract that are mutually agreeable to both parties.

All amendments, ith the exception of amendments that extend the length of the contract, shall take effect thirty (3 ) days from the date on which both parties formally agree in writing to enact the amendments unless the parties mutually agree to a shorter time period.

Any action that results in an increase in t "not to exceed" prices committed to y the successful proposer may require the city to re-open the contract to competitive bidding.

ASSIGNMENT
No assignment by the Contractor of the contract that is to be entered into hereunder or of any part thereof„ or of funds to be received thereunder by the Contractor will be recognized by the awarding authority unless such assignment has had the prior approval of the awarding authority and the Surety has been given due notice of such assignment in writing and has consented thereto in writing.

If the Contractor intends to subcontract any portion of the workproposals upon, the proposals or offer must state the name and address of each subcontractor o will perform work, labor or render service to the Contractor in or about the construction of the work, in the amount equal to one-half of one percent (1/2 of 1%) of the Contractor's total proposals, and that portion of the work shall be included on the sheet provided in, the Contract Documents. -7
Exhibit 2 195

ADDENDA OR BULLETINS
All proposers are advised as to the possibility of issuance of addenda affecting the items, scope or quantity of the service required for this project. Each proposer shall be fully responsible for informing themselves as to whether or not any such addenda have been issued. The effect to all addenda to the contract documents shall be considered in the proposal, and said addenda shall be made a part of the contract documents and shall be returned with them. Failure to cover in the proposal any such addenda issued may render the proposal irregular and may result in its rejection by the City.

WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.

In accordance with the section and Section 1861 of the State Labor Code, the contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to City of Bell Gardens along with the other required contract documents, prior to performing any services.

Reimbursement for this requirement shall be considered as included in the various items of services.

IRREGULAR PROPOSALS
Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic or telephonic proposal, modification, or withdrawal will be considered.

DISQUALIFICATION OF PROPOSERS
In the event that any proposer acting as a prime contractor Ihas an interest in more than one proposal, all such proposals will be rejected and the proposer will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one proposer, and while doing so, may also submit a formal proposal as a prime contractor. Proposals will be accepted from proposers who are not licensed in accordance with the provisions of the State Business and Professions Code; however, the successful proposer shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License, Class C-27, at the time a contract for this work is awarded.

B-8
Exhibit 2 196

REQUIREMENTSINSURANCE AND OTHER
The Contractor hereby agrees to indemnify nd hold harmless, including the cost to defend the City, and its officers, officials, agents, employees, and volunteers, from any and all losses, claims, liens, demands, liability, and causes of action of every kindand character including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees and all expenses incurred by the City to the maximum extant allowed by law arising in favor of any party, that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant/ ontractor e der and its agents in the performance of services under the awarded contract, but this indemnity does not apply to liability for damages for death or bodily injury o persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects, in design by the City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City.

The Contractor shall maintain throughout the duration of the term oft e awarded contract, liability insurance covering the Contractor and designating the City including its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the Contractor's work, in amounts no less than the followingand with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that Contractor's insurance policies shall be primary as respects any claims related to or as the result of Contractor's work. Any insurance, pooled coverage, or self-insurance maintained by the City, its elects or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. The Additional Insured Endorsement shall not apply to the Professional Liability Insurance.

I. INSURANCE
With respect to performance of work under this agreement, Contractor shall maintain insurance from a company acceptable to City as describe below:

A. Worker's Compensation insurance with State of California statutory limits and employer's liability insurance with i its of not less than $1,000,000 per accident, Worker's Compensation shall cover all employees an independent Contractor drivers.

B. Comprehensive general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall:

B-9
Exhibit 2 197

1. Include coverage of all vehicles, used in this service.

2. Name the City, its elected and appointed officials, officers, employees, and agents as additional insured.

3. Be primary for all purposes.

4. Contain standard cross-Inability provisions.

C. Proposer or contractor shall:

1. Furnish a statement of insurance with the proposal describing to what extent they meet these requirements by types and amounts of coverage or provide copies of certificates of insurance already in place which meet the minimum requirements.

2. Furnish properly executed certificates of insurance to City prior to start of work under this agreement, such certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30 days' prior written notice to City; and

3. Maintain such insurance from the time work first starts until completion of the Work under this agreement.

FAITHFUL PERFORMANCE DEPOSIT
Concurrent with the execution of an agreement and maintained throughout its duration, the contractor shall deposit with the Bell Gardens City Clerk a cash deposit, irrevocable letter of credit, or other such document evidencing an irrevocable cash deposit payable to the city in the amount of five thousand dollars ($6,000), in a form approved by the city attorney, guaranteeing the contractor's faithful performance of this agreement.

FEES. PERMITS. TAXES. AND CERTIFICATES
The contractor shall have the sole obligation to pay all license fees, assessments and taxes, including but not limited to use, sales, property, or other taxes, plus penalties and interest which may be imposed on the contractor as a result of the work under the contract.

PAYMENT
The contractor shall invoice the city monthly, submitting all management reports along with its invoice. The city shall pay the contractor monthly and within a reasonable time from receipt of invoice, in a manner consistent with the city's normal accounts payable practices. Failure to pass inspection on any maintenance repair or service will result in non-payment for that item until such item as the contractor can present the item to the City in acceptable form.

B-1 0
Exhibit 2 198

PAYMENT PENALTY
The City will withhold $100 per day should all routine monthly maintenance, reporting and other regularly scheduled routine maintenance items not be performed within the prescribed timeframes.

TERMINATION OF THE CONTRACT
A. The city shall have the right to terminate the contract upon giving a thirty (30) day written notice of such termination to the contractor. In the event of such termination, the city shall determine the amount of fees to be paid to the contractor for services rendered to the date of termination. This determination, in the amount determined and as approved by the Bell Gardens City Council, shall be final and conclusive.

Any of the following provisions may result in termination of the contract executed between the City and the successful proposer:
(1) Bankruptcy of the contractor or assignment by it to the benefit of its creditors.
(2) Failure or refusal of the contractor (after written warnings by the city) to perform the services specified in the contract in a manner satisfactory to the city.
(3) Failure or refusal of the contractor to comply with the instructions of the city or with applicable federal, state, and local laws. (4) Any evidence of fraud or over- billing to the city. (5) Any loss of funding or non-appropriation of funds as a result of budget considerations.
(6) Unavailability of the person designated in the contract as the contractor's project manager.

C. The contractor may terminate the contract by providing the city with written notification submitted at least forty-five (45) days before the contractor's desired date of contract termination.

D. The city and contractor may mutually terminate the contract if a new contract is established and approved by both parties.

B-11
Exhibit 2 199

For technical questions, contact:

Veronica Sanchez
Administrative Specialist
EMAIL: vsanchezbellcardens.orq
All written questions will be answered in writing and conveyed to all Respondents via the City's online portal. Oral statements regarding this RFP by any persons should be considered unverified information unless conveyed in writing. To ensure a response, questions must be received in writing or email by 5:00 PM August 20, 2020.

B-12
Exhibit 2 200

CITY OF BELL GARDENS

SPECIFICATIONS FOR

STREET TREE MAINTENANCE

GENERAL
The City of Bell Gardens is soliciting Requests for Proposals (RFP) from qualified firms to perform tree trimming and tree maintenance services citywide. The selected firm will also be responsible for responding to the City's emergency tree issues.

Work will be available from time to time at different sites within the City, and will number approximately 1,500 to 2,500 raisings, trimmings or removals per year. The City has approximately 3900 to ,4,700 trees which make up its urban forest which includes, but is not limited to, all city parks, facilities, streets, median islands and city-owned facilities.

The purpose of this contract is to perform specified street tree service work on each tree designated by the Director of Public Works, or his designee, of the City of Bell Gardens (herein-after Director).

The project budget for the previous fiscal year was $230,000.

TERM OF CONTRACT
The term of the contract is for three (3) years from the date of its execution by the City, and may be extended thereafter by mutual agreement of the parties for one year periods, not to exceed 24 months., The renewal periods can be authorized administratively by the City Manager. Any increase in costs of the services, if approved by the City Manager, will be adjusted up to the C.P.I. of the Los Angeles region. This increase will not exceed 3% at any one time and the request must be submitted in writing with documentation verifying the percentage. The written request must be submitted by June 30 in order to take effect January 1 of the following year.

SCOPE OF WORK UNDER THIS CONTRACT
It shall be understood that the Contractor will be required to perform and complete the proposed tree trimming and maintenance work in a thorough and professional manner, by providing all labor, tools, equipment, materials and supplies necessary to complete all work in a timely manner, in a way that will meet all the City's requirements.

A. ANNUAL MAINTENANCE PROGRAM

1. Upon agreement award, the successful Proposer shall be required to submit a work schedule based on the City's annual pruning requirements, removal and replacement program and planting projects. The proposals shall include a recommended annual work plan, daily work schedules, personnel and vehicles that would be required to complete the annual maintenance program.

C-1
Exhibit 2 201

Depending on the City's current and future program needs, the scheduled work may require multiple crews to perform concurrently within the same time constraints.

2. The Contractor shall have competent working supervisors at each jobsite at all times when work is, being performed. Each supervisor must be capable of communicating effectively both in written and oral English and holding the necessary certifications or credentials as described for that position herein.

All supervisors must possess adequate technical background to ensure that all work is accomplished in accordance with the special provisions of this Request for Proposals. An ISA Certified Treeworkier is required on-site at all times while work is being performed.

3. Contractor is required to have a Project Manager available by telephone on a 24- hour basis that is assigned to provide direct and prompt attention to requests from City for emergency and after-hours tree service requests.

4. The contractor shall be responsible for responding to tree related emergency situations during normal business hours of operation, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. Response time and protocol during emergencies is critical to the City of Bell Gardens. As part of this agreement, the Contractor shall be required to make the City of Bell Gardens a priority client for responses during emergencies that cover t h e four county area surrounding Bell Gardens.
a. Telephone responses by the Contractor to tree related emergency calls during normal business hours of operation and after-hours shall be made within (15)fifteen minutes of the initial call.
b. The response time for a crew to arrive on-site for tree related emergencies during normal business hours of operation is thirty (30)minutes. c. The response time for a crew to arrive on-site for tree related emergencies outside of normal business hours of operation is two (2)hours.

Failure to meet these requirements by the agreement firm shall result in a $500 penalty for each occurrence.

5. Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under the agreement.

6. All employees of Contractor performing services shall be dressed in clean, unaltered uniforms with suitable company identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. The Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt Exhibit 2 9&

and bets appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform in the field. Contractor employees shall appear neat and well- groomed at all tires. Contractor employees shall wear orainge safety vests when operating machine and/or while working withiin five hundred (500) feet of moving traffic or such other distance required by any applicable laws.

The Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge;
a. The proper license to operate equipment,
b. Ability to operate and maintain equipment in accordance with the manufacturer's recommendations.
ca Mechanical ability to male required operator adjustments to the equipment being used.
d. Knowledgeable of safety regulations as they relate to tree care and traffic control.
e. American Red Cross Standard First Aid Certification ( inirnurn of One member of each crew).
f. Ability to communicate orally and in writing, in English. g. Demonstrated knowledge of tree care and related operations. 13 MAINTENANCE ACTIVITIES
Contractor may be required to perform the following tree trimming and maintenance activities at various sites throughout the City-

1. Tree pruning

2. Tree removal
. Tree planting

4. Crew rental

5. Emergency response

6. Line clearance pruning
. Clearance pruning

6. Grid pruning program (Ex. 5 years)

9. Tree watering

10. Pesticide treatment (as needed)

11. Small tree care
1 'a Palm trunk skinning
131. Root pruning
114. Specialty equipment rental
115. Arborist services/inspection

16. Foliar and pesticide treatments

17. Data entry

16. Webpage development

19. Additional work

20. Qualifications

21. GPS Tree inventory
2Z Online maintenance access`
* Online maintenance is defined as Internet access to an Urban Forestry Management tool that includes work order tracking, ability to send work requests C®3
Exhibit 2 203

including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility (if applicable).

C. TREE INVENTORY
Upon agreement award, the successful Proposer shall be required to provide a complete update of the City's tree inventory at no additional cost to the City and to submit the completed inventory to the City within three (3) months of the agreement award. The tree inventory data shall conform to the existing tree inventory database and include but not be limited to the following data fields:

1. Tree Location
A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. The Contractor shall be required to create an ESRI ArcView/Arc GIS compatible "shape file".

The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.).

The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of ArcView. The minimum accuracy shall be not more than one (1) foot.

This inventory will be updated daily by a qualified GIS technician. The City shall have access to updated data at all times per Section IV, Paragraph N, "Record Keeping",

2. Measurement of Canopy Spread
As a part of the data collection process, the canopy spread will be measured using either a laser rangefinder or a Roll-a-Tape, to the nearest foot, using a pre-established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City.

3. Tree Condition
a. General condition of individual trees
b. Pruning requirements (i.e., recommended pruning cycle) c. Condition of surrounding hardscape (i.e. displaced or recent repairs).

D. WORK QUALITY AND GENERAL STANDARDS
All work as part of this agreement shall comply with good arboreal practice for the particular species of trees being trimmed, shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT-288. The Exhibit 2 9 A

Contractor shall also meet the requirements of the most current American National Standards, Z133-1-1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.

The Public Works Street Maintenance Supervisor shall determine if the Contractor has met all trimming requirements, and payment shall not be made for trimming that is not in accordance with the above standards. The Contractor shall be deemed in agreement default if they consistently fail to comply with the agreement standards.

Prior to beginning the work, the Contractor shall review with the City's Public Works Street Maintenance Supervisor the various methods, tools and work scheduling to be used on the project. Unless otherwise indicated, tree trimming shall include but not be limited to current industry standards for pruning.

Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the Contractor during the course of trimming shall be reported to the Public Works Street Maintenance Supervisor for determination of action, as soon as it is discovered.

Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and the removal of sucker growth from tree trunks.

Daily tree trimming operations shall commence no earlier than 7:00AM and shall be completed each day no later than 5:00 PM.

E. PUBLIC NOTICING
The Contractor shall supply and post standard signage on the trunk of the tree at the work site at which work is to be performed, at least seventy two hours (7'2) in advance of work with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree. In the event that a tree trunk is not available for posting, the Contractor shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding.

F. TOOL SANITATION
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or oild bileach solutions on the ground or down the storm drain and will result in severe penalties to the Contractor.

C-5
Exhibit 2 205

G. WILDLIFE PROTECTION
Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type iin the tree in which the nest is found without the written permission of the City's Public Work Street Maintenance Supervisor. At no time shall any nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify the City's Animal Control service and/or the nearest appropriate animal rescue facility, as identified in the Contractor's submittal required herein regarding "Protection of Wildlife", shall be contacted for assistance, H. PRE-INSPECTION
Prior to the commencement of any work in the vicinity of any tree, the Contractor shall identify the location of utilities, irrigation components and/or any private property element(s) that could be compromised by any work activity. If identified, the Contractor shall take appropriate action to protect same. If, during the course of pre-inspection, the Contractor identifies damage that exists before the onset of work, the Contractor shall document the damages with photos and report such damage to the City's Public Work Street Maintenance Supervisor prior to commencing work in that area. All photo documentation shall have the time and date embedded. Any claim, of damage that cannot be refuted by photo- documentation and/or a written report to the City's Public Work Street Maintenance Supervisor shall be considered the responsibility of the Contractor.

I.SETUP, OPERATIONS, EQUIPMENT STAGING
The Contractor shall setup, operate andf stage in a manner that presents the least amount of disruption to residents, businesses, and the public and traffic flow.

Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. Equipment shall never be stored or left unattended on a public street, City facility or private property. The staging of equipment shall not be exempt from the work hour restrictions defined herein.

J. IDENTIFICATION AND REPORTING OF HAZARDS
While performing work of any type, the tree worker should inspect for any obvious hazards related to trees, including uplifted sidewalk segments. All hazardous situations should be corrected or promptly reported to the City. Any defective or weakened trees shall be reported to the City's Public Work Street Maintenance Supervisor.

K. RISK MANAGEMENT
Tree work is a controlled task. At no time should work be performed so as to result in a, loss of control incident (e.g. free-falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). Failure to maintain control at all times Exhibit 2 9A

shows a lack of planning and judgment, which is considered dangerous, and can result in serious injury or death. The Contractor will be held liable and will be penalized as is appropriate. No reasoning will be accepted for loss of control incidents. In addition to penalties and/or the withholding of agreement payments, the Contractor shall be responsible for the mitigation of any damage related to a loss of control incident.

L. CLEANUP OF GREEN WASTE AND DEBRIS
Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly removed. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose a hazard to the public. During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). Street rights of way shall not be used to stage unattended debris, generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm drain.

M. DISPOSAL OF MATERIALS
The City is to Receive Recycling Credit under AB939 for all green waste produced as a result of the Contractor's operations under this Agreement. All green waste shall be reduced, reused, recycled, and/or transformed by Contractor.

Weight slips shall be required as proof of final disposal and must be submitted by Contractor with each demand for payment. All brush generated from tree trimming operations shall be recycled where practical.

1. Wood Chips
Chips generated from trimming operations within the City of Bell Gardens may be dumped and spread at a City designated site with written permission from the City's Public Work Street Maintenance Supervisor.

At the direction of the City's Public Work Street Maintenance Supervisor, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the City.

Reducing shall include but not be limited to chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a mulching program, and Contractor shall provide proof of such with each demand for payment.

C-7
Exhibit 2 207

N. RECORD KEEPING
Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current City inventory system. This system shall be password accessible twenty four (24) hours each day of the year via the internet. Historic tree inventory and work history data, to be provided to the City, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree service work under the terms of an awarded agreement. Thereafter, the Contractor shall update and maintain the tree site specific, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g. species, height, DBH) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the removal and replacement of trees, as well as the addition of trees to the inventory.

The system shall be capable of maintaining and displaying all past work histories for any and all tree sites in the inventory, both individually and collectively by query, as well as future scheduling to the extent known. All aspects of the system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of the Contractor and shall be provided at no cost to the City of Bell Gardens. The system shall not be proprietary in the nature of its function and shall operate and interface with common computer software and web based applications, including the ability to export data into common spreadsheet applications. The records created for the City shall be the property of the City.

Tree site/task specific hardleopy backup data for any work that has occurred during a billing cycle shall accompany the invoicing for that period and !shall be accessible for review on the internet based computerized tree inventory system prior to the submittal of invoicing for that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied.

Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the agreement.

O. ACCIDENT INVESTIGATION
Any duty-related accident which results in any injury shall be reported to the City's Public Work Street Maintenance Supervisor within one (1) hour by the contractor.

Contractor shall cooperate fully with the City in the investigation of any accident, injury or death occurring on City property including a complete written report submitted to the City's Public Work Street Maintenance Supervisor, or designated representative, within 24 hours following the occurrence.

Should any structure or property be damaged during permitted or contracted tree operation, the persons conducting the work shall immediately notify the property owners and City's Public Work Street Maintenance Supervisor, or Exhibit 2 9-A

designated representative within one (1) hour. Repairs to property damaged by the responsible party shall be made within forty eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Bell Gardens as applicable. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a.manner acceptable to the City.

Special attention is drawn to existing irrigation systems, plant material, landscape features, lights and utility boxes in City parkways, parks and public landscape areas and the need to avoid damage and to repair any damage that occurs on the same day that the damage occurs.

The Contractor's responsibility shall be continuous and not be limited to working hours or days.

Pl. INSPECTIONS
The City's Public Work Street Maintenance Supervisor shall be furnished with every reasonable facility for ascertaining full knowledge of the daily tree maintenance operations involving the workmanship, character of materials and equipment used and employed in the work. Each day, the Contractor shall be required to provide the City's Public Work Street Maintenance Supervisor, or designated representative, with a written schedule of all daily tree maintenance operations including but not limited to trimming, planting, removals, stump grinding, root pruning, and watering.

Inspection of the work shall not relieve the Contractor of any obligations to complete the work as outlined in this document. Defective work shall be made good even if the defective work was not pointed out during the initial inspection and the work was accepted forpayment.

Any work found to be unacceptable will be noted in writing. Upon receipt of notice of any deficiencies, the Contractor shall make a reasonable effort to correct the deficiencies within five (5) working days. If unacceptable conditions are not corrected within this time period the City shall have the right to deduct payment or have services performed by others at Contractor's expense.

Q. WITHHOLDING PAYMENT
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:

1. Defective, unsatisfactory or inadequate work not corrected.

2. Claims filed or reasonable evidence indicating probable filing of claims.

3. Failure of the Contractor to make proper payments to subcontractors or for materials or labor.

C-9
Exhibit 2 209

4. A reasonable doubt that the agreement can be completed for the balance unpaid.

5. Damage that resulted from, an incident involving property damage.

R. MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
The City may modify these specifications with the joint approval of the Contractor and the City of Bell Gardens Representative. All modifications shall be in writing.

1. In the event that the City of Bell Gardens, should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price within the industry.

2. Additional work may be added to the agreement work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with the Contractor's proposals.

3. The Contractor must be willing to provide a competitive price for additional work that may be added to the agreement. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.

The Contractor must have the ability to receive and respond to emergency situations. The response time for a crew to arrive on-site for tree related emergencies during normal business hours of operation is thirty (30) minutes.

The response time for a crew to arrive on-site for tree related emergencies outside of normal business hours of operation is two (2) houirs.

S. HARDWOOD TREE PRUNING
Any tree work performed on a City tree must be done according to the City's specifications. The criterion for pruning varies based on the type or purpose of pruning.

1. General Specifications for hardwood tree pruning
a. Contractor shall consult with the City's Public Work Street Maintenance Supervisor before making any cuts that could result in permanent disfigurement of the structure of any tree.
b. Trees shall be pruned so as to prevent branch and foliage interference with safe public passage. Street clearance shall be kept to a minimum of fourteen feet, six inches (14' 6") above the paved surface of the street and fourteen (14) feet above the curb and surface of a Ipublic sidewalk or Exhibit 2 CA

pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, the Contractor shall not prune the tree until such time as direction is obtained from the City's Public Work Street Maintenance Supervisor.
c. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue.

If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.
d. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured.
e. Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be corrected.
f. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth.

Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed. g. All dead and dying branches and branch stubs shall be removed. h. All broken or loose branches shall be removed.
i. Branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed.
j. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure.
k. Selectively prune branches that create sight line conflicts with traffic control signs and/or devices.

I. Selectively prune branches that are within five(5)feet of a structure. m. Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action.

C-1 1
Exhibit 2 211

n. Prune so as to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the City's Public Work Street Maintenance Supervisor to do otherwise.

0. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injuiry to trees.
p. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. q. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree.
r. All major pest problems shall be promptly reported to the City. s. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un-abrasive wood surface and secure bark remaining intact.
t. All trees six (6) inches in diameter or less shall be pruned with hand tools only.
u. Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease/decay problems.

V. Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible.
w. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by the City to aid in the safety of climbers performing the removal of a tree.

2. Prune Classifications for Hardwood Trees
A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. All trees shall have no more than 30% of the live foliage removed. A Full Prune typically consists of one or more of the following pruning treatments:
a. Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low-vigor branches and water sprouts from the entirety of the tree crown. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing" disrupts the structural integrity of the tree, making it subject to limb and branch failure, especially during high winds. b. Crown- Thinning: Crown Thinning includes crown cleaning and the Exhibit 2 2I 3

selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage which in turn improves branch taper and strength. Thinning reduces thewind-sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, up to 3 % of the live foliage may be removed unless directed otherwise byte Ci 's Public Work Street Maintenance Supervisor.
c. Crown eduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere to Ibasic tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites.
d. Crown restoration:

Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. This treatment is best performed' by tree workers who have a good understanding of the effects of pruning for the cultivation of tree canopies.
e, Crown Raisinq/Clearance rune:

Crown Raising or Clearance Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be et or a certain condition needs attention, A crown raising or clearance prune does not involve the detail of work found in a full prune. Crown raising or clearance pruning may consist of one or more of the following pruning t s®

1. CrownRaising: Crown Raising consists of removing the lower ranches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-half of its foliage on branches that originate in the lowertwo-thirds of its crown to ensure a well-formed, tapered structure and to uniformly distribute stress within the tree.

2. Clearance rune: Clearance prune is employed l as a means of eliminating limbs from the crown of a hardwood tree when an entire pruning of the tree is not warranted, Clearance pruning does not involve the fine detail work described herein as "full prune."

3. Pruning Specifications for individual Hardwood Species a. General Trimming and Shaping of Conifers
C-13
Exhibit 2 213

Two basic classes of conifers can be found in Bell Gardens, those with branches radiating out from the trunk in whorls such as Pine trees or Cedar trees and those that sprout branches in a random manner such as Juniper or Taxus. Conifers shall typically be pruned in late winter or early spring. Typically, up to 30% of the live foliage may be removed unless directed otherwise by the City's Public Work Street Maintenance Supervisor.

1. Contractor shall avoid damaging the central leader on all conifers. In specific cases the
City's Public Work Street Maintenance Supervisor
may direct the contractor to remove the central
leader in an effort to limit the height of specific trees.

2. At the time of pruning, the City's Public Work Street Maintenance Supervisor shall determine
which trees shall have the new growth pinched
back in an effort to control canopy size.

3. To control the growth of large, mature conifers
contractor shall be required to prune the new
growth of lateral limbs.

4. Typical pruning of conifers shall consist of removing crossed limbs, deadwood or unwanted
branches from the interior of the canopy.
b. General Trimming and Shaping of Broadleaf Trees
Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City's Public Work Street Maintenance Supervisor and in accordance with the following:

1. Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty-five percent (25%) and up to thirty percent(30%).

2. In specific cases the City's Public Work Street Maintenance Supervisor may direct the contractor to reduce the size of the tree crown in an effort to limit the height of specific trees.

3. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.

4. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

5. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

T. PALM TREE PRUNING
Any tree work performed on a City tree must be done according to the City's specification. The criterion for pruning varies based on the type or purpose of pruning. Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type.

Exhibit 2 C2_11 4'

1 The specifications for the pruning of palm trees are as follows:
a. While making an approach tot palm crown for p�runi:ng, the Contractor shall inspect the trunk oft palm tree for signs of decay, insect frays, bird nesting or any other condition suggestive of a structural abnormality. on finding any condition suggestive of a structural abnormality of the palm stem, the Contractor shall report to the City's Public Work Street Maintenance Supervisor immediately.
b. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree.

At no time shall a chainsaw be used to prune any frond from any Canary Island Date Palm (Phoenix canarlensis) in the City of Bell Gardens. The use of chainsaws to prune any frond from any Canary Island Date Palm will result in monetary penalties up to the cost of replacement oft palm.

Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed., Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds,
c, Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from, any Canary Island Date Palm (Phoenix canariensis) in the City of Bell Gardens.

The use of chainsaws to prune any fruit or flower structures from any Canary Island Date Palm will result in severe agreement penalties up to the replacement cost.

Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm. Fruit related stains from private property hardscape elements. d. Maintenance of the ornamental all located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows:

1. Canary Island Date Palm (Phoenix canariensis).- dead petiole bases shall be formed into an omamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend'no less than four (4) and no more than eight (8) feet below the lowest live frond C-1 5
Exhibit 2 215

in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper in, resulting in a "pineapple" appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Bell Gardens, the Contractor may use a clean chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in shaping and maintaining ornamental balls often results in ornamental balls which have flat, un-tampered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences.

The Contractor shall use care not to cut into live trunk tissue while maintaining the ornamental ball. The Contractor shall remove any foreign plant material that has sprouted in an ornamental ball. The Contractor shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned.

2. Date Palm (Phoenix clactylifeira): spent petiole bases are left to form a supportive "base" below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the base does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the base of the canopy, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City of Bell Gardens, the Contractor may use a chainsaw in forming and/or shaping the base of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The Contractor shall use care not to cut into live trunk tissue while maintaining the nut. The Contractor shall verify that the base meets the standard described herein each time a Date Palm is pruned. 3 Queen Palm (Syagrus romanzoffianum): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.

4. King Palm (Archontophoenix cunninghamiana): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.

5. Mexican Fan Palm (Washingtonia robusta): spent petiole bases are left uniformly long to form a base which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan, Palm is pruned.
6, California Fan Palm (Washingtonia filifera): spent petiole bases are left uniformly long to form a nut which shall extend no more than eight (8) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the Exhibit 2 C219

standard described herein each time a California Fan Palm is pruned.

U. TREE REMOVAL
Tree removal consists of the removal of the entirety of a hardwood tree or palm• tree and the removal of its root system.

1. The Contractor shall comply with all general specifications standards described herein.

2. The diameter price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein.

3. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. The Contractor will be required to mark tree removal sites for Underground Service Alert. The Contractor shall inotify the City's Public Work Street Maintenance Supervisor in writing of any condition that prevents the removal of a tree and/or the grinding of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins.

4. The Contractor shall comply with wildlife protection standards described herein whenever removing a tree.

5. The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City's Public Work Street Maintenance Supervisor for assistance. The errant removal of trees shall be penalized up to the cost of the replacement.

6. During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. The Contractor will be held liable for loss of control incidents and shall be penalized.

7. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in the City of Bell Gardens. Crane operators shall be certified by Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified operators shall not result in additional charges to the City.

8. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights or way or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property.

C-17
Exhibit 2 217

9. Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chips and stump grindings shall not be used as backfill material.

The Contractor shall be responsible for the repair of any private property irrigation system components damaged during a tree removal or stump grinding.

Repairs shall be made using components matching those that were damaged.

V. TREE PLANTING AND YOUNG TREE CARE

1. Tree Planting
Tree planting consists of the installation of nursery stock container or palm trees supplied by the Contractor.
a. The Contractor shall comply with all general specifications standards described herein.
b. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree.
c. The Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being planted.
d. Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees.
e. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected. f, The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved Iby contacting the City's Public Work Street Maintenance Supervisor for assistance. In excavating planting pits, the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, the Contractor shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted.

Exhibit 2 Cf lip

g. All nursery containers and box sides shall be removed from tree root balls prior to planting. The Contractor shall not install trees with box bottoms left on. All container debris (e.g. strapping, box fragments, and nails) shall be removed from the planting pit prior to backfilling.
h. The Contractor shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), the Contractor shall install the tree or palm so that the top of root ball is two (2) inches above surrounding finish grade. The Contractor shall' not resort to cutting or trimming the root ball as a means of meeting grade standards. i, The Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines.

1. The Contractor shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand.
k. While backfilling, the Contractor shall cease backfilling when the planting pit is one half (1/2) full, and apply water to remove air pockets from the backfill. Once the water has drained, the Contractor shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained! at a grade of four (4) inches above the root flare of the tree.

I. The Contractor shall be responsible for the stability of planted trees.

The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using City approved tree ties installed as per manufacturer's specifications.
m. Upon completion of the planting of a tree, the Contractor shall seed and top- dress any barren areas within ten (10) feet of the center of the trunk of the tree if there was established turf in that location. The seed shall be of the same tall fescue turf grass type existing on site or annual ryegrass if the turf is a non- seedable variety; to be applied at a rate appropriate for the type of turf seed applied. The seed shall be top dressed with well- decomposed organic fines, spread evenly with a topdressing roller, at a C-19
Exhibit 2 219

depth of one eighth (.125) inch., Use of manure, native soil or chip topdressings will not be allowed. The Contractor shall include seed establishment information for the property owner at the time of tree removal. n. The Contractor shall not use hoses, equipment or water from private properties while installing or watering-in parkway trees. o. New trees will require a six month tree warranty.

2. New Tree Care
New Tree Care consists of the irrigation of young trees which have been installed by the Contractor and the cultivation of new canopy coverage. a. The Contractor shall comply with all general specifications standards described herein.
b. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall take all responsibility for any damage that occurs during the planting of any tree.

C. The Contractor shall not use hoses, equipment or water from private properties when watering parkway trees.
d. While performing tree watering, the Contractor shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein.
e. Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated. f. The Contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by the Contractor.

CONTRACTOR'S LIABILITIES
Should any direct or indirect damage or injury result to any public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or as a consequence of the non-execution thereof, on the part of the contractor or any of Ihis, employees or agents, such property shall be restored, by and at the expense of the contractor, to a condition equivalent to that existing before the damage or injury occurred, by repairing or rebuilding the same, or by otherwise making good such damage or injury, in an acceptable manner, determined by the Director.

Exhibit 2 Cf 30

Contractor will defend, identify and hold the City harmless from any claims arising from his operation,
Prior to starting the work the contractor must provide evidence of all insurance coverage required including public liability and property damage, Workmen's Compensation! and faithful performance bonds and certificates.

Public liability insurance in combined single limit for bodily injury and/or property damage in the amount of$3,0100,000 with the City named) as additional insured will be provided by the contractor. The contractor shall furnish the Directorwith a certificate containing a thirty (30) day cancellation notice clause.

WORKMEN'S COMPENSATION
The contactor shall secure, maintain in full force and effect, and bear the cost of complete Workmen's Compensation Insurance for the entire duration of the contract, and the City will not be responsible for any claims, or suits in law or equity, occasioned by the failure of the contractor to do so.

RECYCLING WASTE
The contractor is responsible for recycling of waste. The Agency is committed to a recycling program, particularly "green waste" recycling. The contractor is obligated under this contract to recycle waste through an approved recycling agency, and to record and' report waste recycling tot e Agency on a regular monthly basis.

SERVICEEMERGENCY RESPONSE
1) The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons., Emergency calls may occur at any given time.

The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. E er enicy work shall begin within two (2) hours of initial telephone call,
2) Contractor shall be required to provide 2 -hour emergency phone and/or cell phone numbers and the names of at least two (2) contact individuals within one week of award of contract. Should the contact persons or their phone numbers changeduring the course of the contact, those changes shall be submitted to the City within 2 working days, 3) Contractor shell be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines, the Contractor shall be required to notify the utility company. The Contractor should also notify the City as to the status oft e situation.
4) Work performed under the emergency provision of this contract shall) be paid for on a crew hour basis. This shall include all labor, totals, equipment, disposal fees and necessary materials, The Contractor shall supply a list of manpower and equipment rates to be charges with proposals.
) In the event the Contractor cannot be contacted or fails to respond, a penalty of 00 per incident will be deducted from future Contractor work. -21
Exhibit 2 221

CITY'S RIGHT TO PERFORM STREET TREE MAINTENANCE
The City reserves the right, at its discretion, to perform street tree maintenance services with their own employees or other contractor during the term of the contract. There is no known quantity for occurrences where the City will perform work with its own forces at this time. There will always be the intent to request tree maintenance services from the City's Tree Maintenance contractor as outlined in the Proposals Price Sheets.

Exhibit 2 C233

CITY OF BELL GARDENS

CONTRACT AGREEMENT
FOR

IN THE CITY OF BELL GARDENS
THIS CONTRACT SERVIC A (hereinafter, "Agreement") is made and entered into this day of (hereinafter, t "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, 68City") and (hereinafter, "Contractor"). For the purposes of this Agreement, City and Contractor may be referred to collectively by the capitalize term "Parties." The capitalize term "Party" may refer to City or Contractor interchangeably.

WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires to engage the services of a company to perform - for the City; and
WHEREAS, City staff has determined that Contractor possesses the skills, experience and expertise necessary to complete required ; and
WHEREAS, the execution of this Agreement was approved by the City of Bell Gardens Council at its Regular Meeting of
THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

Section 1. Term.
a. This Agreement shall commence on the Effective Date and shall have a Term of three (3) years. This Agreement may be extended by City subject to its same terms and conditions for two (2) additional extension terms of one (1) year, provided City issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

D-1
Exhibit 2 223

Section 2. Scope of Work.
a. Subject to the terms and conditions of this Agreement, Contractor agrees to provide the tasks that are set forth in that certain request for proposal of the City entitled "Request for Proposal issued on
September 25, 2019 (the "City RFP Work Scope") which attached and incorporated hereto as Exhibit "A"; and
b. That certain written proposal entitled "Request for Proposal for City of Bell Gardens" dated
(the Proposal Work Scope") which is attached and incorporated hereto as Exhibit "B".
c For purposes of this Agreement, the capitalized term "Scope of Work" shall be a collective reference to City RFP Work Scope and the Tree Maintenance Contract Proposal Work Scope. In the event of any conflict or inconsistency between the provisions of the document entitled City RFP Work Scope and the provisions of the document entitled Contract Proposal Work Scope, the requirements of the document entitled City RFP Work Scope shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
d. Contractor also agrees to furnish City with all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For purposes of this Agreement, the capitalized term "Work" shall be a collective reference to all of the various services and tasks described under the Scope of Work.

ity's issuance of a written notice to proceed ("Notice toProceed"). b. Contractor shall cooperate with City and in no manner iinterfere with the work of City, its employees or other consultants, contractors or agents. c, Contractor shall not perform any additional services or tasks beyond those expressly identified in the Scope Work without prior authorization from City in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "WorkOrder"). ch ' ork Order shall include the following information:

1. A detained description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;
. A not-to-exceed budget for performing the services or tasks; . A timeline for completing the requested services or tasks;

5. Any other information City deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized byte City Representative.

Section m Compensation.
a. Contractor shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates provided in Contractor's Proposal Schedule, which is attached and incorporated hereto as Exhibit " lb Section (a) notwithstanding, Contractor shall perform all of the various services and tasks that comprise the Work for an annual not-to-exceed sum of (hereinafter, the "Not-to-Exceed
Sum"). Contractor further agrees that the Not-to-Exceed uu is inclusive o compensation for all labor, materials, toolls, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. As specified under subsection, (d) of this Section, below, the Not-to-Exceed sum shall be paid to Contractor in increments as the Work is completed.
c. In the event Contractor's charges are projected to exceed the of-tol- xceed Sum prior to the completion of all of the Work, City may suspend Contractor's performance pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any otherCity-approved amendment to the compensation terms of this Agreement.
d. Following the conclusion of each calendar month, Contractor shall submit to City an Itemized invoice Indicating the services and tasks performed during the recently concluded calendar month. If any subtotal of charges set forth in the invoice is a -
Exhibit 2 225

function of hours worked by Contractor's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the job title/classification of the person(s) performing the services or tasks, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed within the subtotal. Within thirty (310) calendar days of receipt of each invoice, City shall notify Contractor in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor.

Section 5. Standard of Care. Contractor represents, acknowledges and agrees as follows:
a. Contractor shall perform all Work skillfully, competently and to the highest standards applicable to the Contractor's field;
b. Contractor shall construct and complete the Work in a good, workmanlike and prompt manner reasonably acceptable to City and shall furnish all labor and materials necessary to accomplish the same;
c. Contractor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
d. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; e. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to per-form those services and tasks contemplated under this Agreement; and
f. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Contractor shall perform, at Contractor's own cost and expense and without any reimbursement from City, any services or tasks necessary to correct any errors or omissions caused by Contractor's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Contractor's employees, agents, subcontractors and subconsultants. Such effort by Contractor to correct any errors or omissions shall be commenced immediately upon their D-4
Exhibit 2 226

discovery by either Party 'and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that Contractor's acceptance of any work performed by Contractor or on Contractor's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Contractor, including but not limited to the representation that Contractor possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section n Representatives.
a. City Representative. For the purposes of this Agreement, the ity's representative shall be Director of Pubic Work, Chau Vu (hereinafter, the "City Representative").

It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions which imust be made by City to the City Representative. b. Contractor Representative. For the purposes of this Agreement, Contractor hereby designates , as its representative authorized to act on its behalf with respect to Contractor's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to Contractor.

Section 7. Contractor's Personnel
a., Cointractor represents that it has, or will secure at its own expense, all personnel) required to perform the Work and all other services and tasks necessary for Contractor to competently and timely complete any tasks and services requested by way of City-issued Work Order. All work, services and tasks will be performed underContractor's supervision, and Contractor's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement, including subcontractors and their personnel, shall possess the qualifications, permits and licenses required by applicable lair to perform such work, services and tasks on behalf of Contractor.
. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law forte performance of the Work. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from, or are necessary for the Contractors performance of the Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder, -
Exhibit 2 227

c. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
d. If, at any time during the term of this Agreement, City requests the removal of any person(s) or subcontractor(s) assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving notice from City of such request.
e. Contractor shall be responsible for payment of all wages and benefits owed to Contractor's employees and the payment of subcontractors engaged by Contractor in the performance of this Agreement. Contractor shall also comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
f. Contractor shall obtain and maintain during the Term of the Agreement all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Warranty.
a. Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall: (i) meet all conditions of the Agreement; and (ii) shall be free from all defects in design, materials and workmanship for a period of one (1) year after completion of the Work and acceptance by City. If any defects are discovered within twelve (12) months following acceptance by City, Contractor shall be solely responsible for the correction of those defects and Contractor's sole cost and expense. The warranty set forth under this subsection (a) of Section 7 shall be in addition to any warranties for materials used, equipment installed, and improvements constructed by Contractor in the performance of this Agreement.
b. Contractor shall transfer to City all of Contractor's rights to and interest to any and all manufacturers' warranties or guarantees for any materials, equipment or fixtures installed by Contractor in the performance of this Agreement. Where applicable, City shall be named as the owner-beneficiary in any such warranties or guarantees. Contractor shall deliver to City all the written material comprising the manufacturers' warranties or guarantees. Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City starts using the equipment or fixtures. All manufacturers' warranties or guarantees shall be in addition to the Contractor's warranty set forth under subsection (a) of this Section, above or subsection (c) of this Section, below.

Di-6
Exhibit 2 228

C. In addition to all manufacturers' warranties and all other warranties implied by law, Contractor warrants that all materials used, equipment installed, and improvements constructed in the performance of this Agreement shall conform to the Scope of Work and any additional plans, drawings or specifications incorporated into this Agreement.

Section 9. Surety Bond.

A. Performance Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not-to-Exceed Sum. The Performance Bond shall be in a form approved by City. No payment shall be made to Contractor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.

B. Labor and Materials Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not-to-Exceed Sum. The Labor and Materials Bond shall be in a form approved by City. No payment shall be made to Contractor until the Labor and Materials Bond has been received and approved by the City.

Section 11. Prohibited Interests. Contractor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Contractor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 12. Independent Contractor.
a. The Parties acknowledge, understand and agree that Contractor and Contractor's employees, subcontractors, suibconsultants and agents and all persons or entities acting on Contractor's behalf in the performance of this Agreement are independent D-7
Exhibit 2 229

contractors and not employees, officers or officials of the City. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Contractor has no authority or responsibility to exercise any rights or power vested in City. No agent, officer, or employee of City is to be considered an employee of Contractor. It is understood by both Contractor and City that this Agreement shall not, under any circumstances, be construed or considered to create an employer- employee relationship or a joint venture.
b. Contractor, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees, officials or officers of the City. c. Contractor shall determine the method, details and means of performing the Work.

Contractor is permitted to provide services to others during the same period as it provides services to City under this Agreement.
d, If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Contractor. e. As an independent contractor, Contractor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

Section 13. Conflicts of Interest. Contractor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with Contractor in connection with this project. Contractor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Contractor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that Contractor executes in connection with the performance of this Agreement.

Section 14. Non-Discrimination. During the performance of this Agreement, Contractor and its, subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, imarital status, age (over 40) or set. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California D-8
Exhibit 2 230

Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This Contract shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

Section 15. Indemnification.
a. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless City and City's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Contractor or any of Contractor's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Contractor and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negiligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be shall be selected by Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of' subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive D-9
Exhibit 2 231

negligence by the Indemnitees.
b. Contractor's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
c. Contractor agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations for the benefit of City, Contractor agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of Contractor or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of Contractor in the Iperformance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.
d. City does not, and shall not; waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor's covenant under this Section shall survive the termination of this Agreement. e. Contractor shall fully comply with the workers' compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section.

Section 16. Insurance.
a. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1 Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage,.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits D-1 0
Exhibit 2 232

of One Million Dollars ( 1,0 0,000) per accident for bodily injury and property damage.

3. Worker's Compensation insurance as required by the State of California. b. Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. c. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least Hall in the latest edition o gist's Insurance Guide.
dm Contractor agrees that if it does not keep the insurance required in this Agreement in full force and effect, City may either immediately terminate this Agreementor, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay„ at Contractors expense, the premium thereon, e. Prior to commencement of work under this Agreement, Contractor shall file with Ci as Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounits and specifications required pursuant to this Agreement.
f. Contractor shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration, of the coverages.
g. The general liability and automobile policies of insurance shall contain an endorsement naming City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City.

i. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
j. Any deductibles or self-insured retentions must be 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.
k. If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

I. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

Section 17. Records and inspection. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the City to evaluate the performance the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

Section 18. Termination.
a. Termination for Convenience. City may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to Contractor specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Representative. Contractor may only terminate this Agreement for cause. b. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement or any Work Order (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement or any Work Order), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party allleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; D-12
Exhibit 2 234

(ii) the action required to cure the Event of Default; (ill) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 19(b)(2) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and dliligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following* (i) Contractor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (H) Contractor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (ill) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Contractor, whether voluntary of involuntary; (iv) Contractor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement, and/or (v) CITY's discovery that a statement representation or warranty by Contractor relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1 Contractor shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of City's issuance of a Default Notice for any failure of Contractor to timely provide City or City's employees or agents with any information and/or written reports, documentation or work product wMich Contractor is obligated to provide to City or City's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, Contractor may submit a written request for addlitional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3D-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time forte cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation that is D-1 3
Exhibit 2 235

not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

2. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by Contractor within thirty (30) calendar days of Contractor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30- day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within five (5) calendar days from the date of Contractor's Default Notice to City.

L Upon written notice to Contractor, the City may immediately terminate this Agreement in whole or in part;
D-1 4
Exhibit 2 236

ii. Upon written notice to Contractor, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractor's breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Contractor shall be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.

7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. 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 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Contractor and without the fault ,or negligence of Contractor, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.

Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hands or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

D-15
Exhibit 2 237

If to City: If to Contractor:

City of Bell Gardens
Department of Public Works
7100 Garfield Avenue
Bell Gardens, CA 92688
Phone: (562)806-7700
Attn: Public Works Director
With a courtesy copy to:

Rick Olivarez, City Attorney
Olivarez Madruga Lemieux
O'Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Section 21. Prohibition. Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 22. Attorneys' Fees. In the event that City or Contractor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover its costs of suit, including reasonable attorneys' fees.

Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Contractor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by City and Contractor.

Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation, between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 25. Severability. Wherever possible, each provision of this Agreement shall be D-1 6
Exhibit 2 238

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.

Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
(SIGNATURES ON NEXT PAGE)
D-17
Exhibit 2 239

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" "Contractor"
CITY OF BELL GARDENS:

By:

By: ..

Michael B. O'Kelly, City Manager Date:

Date:

APPROVED AS TO FORM:

By: -
Rick Olivarez, City Attorney
D-18
Exhibit 2 240

EXHIBIT "A"

SCOPE OF WORK
D-19
Exhibit 2 241

EXHIBIT "B"

FEE SCHEDULE
D-20
Exhibit 2 242

CITY OF BELL GARDENS

REQUIRED FORMS FOR SUBMITTAL

PROPOSALS PRICE SHEET
For all services described below, unless excluded by the City in description of services below, the City shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Proposer to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of proposals.

A. GENERAL SERVICES
_.___......_........____------..._______ __....._...__...... ._ Description of Services Unit Estimated Services Extended Prices (based on previous
ear .
1 GPS TREE INVENTORY SOFTWARE
Gathering of tree inventory information $ Lump Sum $ and software training
-- _._ . .. . ..... .. ..
2 ANNUAL PALM TREE PRUNING
King or Queen palm $ 5 palms $
Washington palm $ 7 palms $
Canary Island Date palm $ 68 alms $
.... . ........ _.
3 GRID or ANNUAL TREE (Street/Park $ 2,500 Grid Trimmings $ Tree) PRUNING

STREET TREE TRIM
0"-4"dsh $ 50 trees $
4"-12"dsh $ 100 trees $
12"&over $ 400 trees $
5 CROWN REDUCTION TRIM
0"-4"dsh $ 125 trees
4"-12"dsh $ 125 trees
12"&over $ 320 trees
5 Tree and Stump Removal: Cost
per Tree(Tree and Stump
Removal)
0"—6" $ 2 Trees $
7"—12" $ 2 Trees $
13"—18" $ 6 Trees $
19"—24" $ 20 Trees $
25"and over $ 10 Trees $
A. GENERAL SERVICES $
*Designated areas or districts are to be pruned in their entirety. This includes all small, medium, and large trees. Grid tree pruning will include proper ground clearance, crown cleaning and slight thinning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards(Best Management Practices) and the ANSI A300 Standards.

E-1
Exhibit 2 243

B. CREW RENTAL AND EMERGENCY SERVICES
...... ....... ..................... .............

Fully equipped crew as defined. Includes all manpower, equipment, tools, traffic control, d is �osal costs, and zero material markups. ___ - ..................

Straight Time
----- ......... ......
escription of Services Unit Prices Estimated Services Extended ...... ..............

1. 2 Man Crew with $ 10 Hours $
Equipment Eq
......... ....... ------ .......................

2. 3 Man Crew with $ 30 Hours $
_-Equipment
----------.......

3. 4 Man Crew with $ 10 Hours $
Equipment ------------
OvertimeNVeekends/Emer ency After Hour Call Out
................. --- ------- ........

1. 2 Man Crew with $ 10 Hours $
......EqyiRrPent ------------

2. 3 Man Crew with $ 10 Hours
__ E_q ipmen't - ----- .................................

3. 4 Man Crew with $ 10 Hours
B. SUB-TOTAL - CREW RENTAL EMERGENCY SERVICES $
............ ------
GRAND TOTAL (A+B) $
................ ......... ....................

TOTAL ANNUAL AMOUNT OF PROPOSALS
(FIGURES):

TOTAL ANNUAL AMOUNT OF PROPOSALS (IN
WORDS):

Submission of proposals and signature of representative of Contractor below shall bind Contractor to perform stated services at the Unit Prices specified for duration of the term of the awarded contract.

E-2
Exhibit 2 244

CONTRACTOR
Company Name of Proposer
Authorized Signature Date
Print Name Title
Social Security or Taxpayer ID Number
DIR Contractor Registration Number:

E-3
Exhibit 2 245

DESIGNATION OF SUBCONTRACTORS
A proposer proposing to subcontract any portion of the work and to procure materials and equipment from suppliers and vendors shall identify all proposed subcontractors, suppliers and vendors below.

NAME, ADDRESS, AND PHONE TYPE OF WORK
NUMBER OF SUBCONTRACTORS, MATERIALS, OR EQUIPMENT
SUPPLIERS, AND VENDORS (BE SPECIFIC)
Note: Additional sheets may be attached.

E-4
Exhibit 2 246

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA

COUNTY OF
being first duly sworn, deposes and says that he/she is of
(Title) (Name of Proposer)
the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, and undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and non collusive or sham; that the proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
(Signature)
(Typed Name)
SUBSCRIBED BEFORE ME on this day of 2016.
(Notary Public) My Commission Expires:

E-5
Exhibit 2 247

CONTRACTOR'S ORGANIZATION STATEMENT AND PERFORMANCE HISTORY The term "Owner" herein shall refer to any private firm or public agency tuwhich the Contractor has submitted aproposals to,or contracted with,for any tree trimming and maintenance contract.

Submitted By:

Name must correspond with the Contractor's License
Corporation Portnomhip Individual Joint Venture |fo corporation, under the laws of what State iuitorgenized? Ca|iforniaRagiona|Offioe(o):

Officers,Responsible Managing Officers,Responsible Managing Employees:

Use e pogo titled "Additional Information and/or Comments" for providing requested or additional information for each of the following questions to which you answer"yes"or for any comments.

A. Provide the following license numbers and expiration dates:

CA Contractor's License No. ExpirationDabe:

CAC-27 (Land000ping)Contractor's License Expiration Date:

CAC-G1/D4Q(Limited Specialty/Tree Service)Contractor's License No.

Expiration Datm: �--�� --
Will you be able to provide OSHA Certification for aerial equipment when used throughout the term of the awarded contract?Yes No_____
B. How many years' experience in construction work msm current organization? (1) Aao General Contmotor? From to
(2) AaoSubcontractor? From to
C. Provide the following namnn, addnaosea, and phone numbers for three public agencies for which Proposer has performed similar work within the past ban (10) yearm, including the Geographical Information System(8|8)tree inventory services:
1 Agency Name
Nama and telephone number of person familiar with project Contract amount Type of work Date Completed E-8
Exhibit 248

2. Agency Name
Name and telephone number of person familiar with project Contract amount Type of work Date Completed

3. Agency Name
Name and telephone number of person familiar with project Contract amount Type of work Date Completed D. Have you, your company, or any officer, manager or partner thereof,failed to complete a contract for an Owner? YES NO If so indicate the name of each Owner, dates, and the circumstances.

E. Have you, your company, or any officer, manager or partner thereof, previously had a contractor's license suspended or revoked? YES NO . If so indicate the name of each person whose license was suspended or revoked, dates of occurrence,and the circumstances for each, F. Have you, your company, or any officer, manager or partner thereof, been debarred by any public agency? YES NO . If so, for each Incident, indicate the name of each person, the agency involved,dates, and the circumstances for each.

O, In an award based on low-proposals criteria where your firm appeared to have the low proposals, have you or your
company been denied an award of an Owner contract? YES NO If so, as to each such denial, state the name of the Owner, the date of the denial, the title and number of the contract proposals, and the grounds on which the Owner based the denial of award.

H. Has your company been the subject of any inquiry by any Owner as to whether your company is a non-responsible proposer or non-responsible Proposer? YES _ NO . If so, as to each inquiry, state the name of the Owner, the date of the inquiry, the grounds on which the Owner based the inquiry,and the result of the inquiry.

I. Has your company been given a notice of deficiency during the performance of a contract for these types of services? YES NO . If so, as to each notice of deficiency,state the name of the Owner, the date of the notice, the grounds on which the Owner based the notice of the deficiency, and the result of the notice.

J. Has your,company been assessed liquidated damages or had payment withheld by any Owner during the term of a contract for similar services? YES _ NO . If so, as to each assessment of liquidated damages or payment withheld, state the name of the Owner, the date of the assessment/withheld payment, the title and number of the contract, and the grounds on which the Owner based the assessment of liquidated damages/payment withheld, K. is your company currently a party in any litigation against any Owner pertaining to any contract for services project, or has your company been a party to such litigation? YES N® , If so, as to each such litigation, state the name of the Owner, case number, the court and jurisdiction in which said litigation Is pending or was brought, the nature of the litigation, the amount at issue in the E-7
Exhibit 2 249

litigation, the present status of such litigation, the date of resolution of such litigation if resolved, and the amount and method by which such litigation was resolved, if resolved.

L. In the last five (5) years, has your company, in the performance of similar services, received any notices of violation from OSHA resulting in any fine? YES _ NO . If so, as to each notice, state the name of the Owner, the date of the notice, the grounds on which OSHA based the notice, and the result of the notice. Provide the following information as to contract experience with public entities or governmental agencies only, within the past ten (10) years. If none, write "NONE" on the chart.

E-8
Exhibit 2 250

Mo List Key Staff who will work on the ity's tree maintenance services, their qualifications and proposed duties. Staff shall include, but not be limited to, certified arborists, certified utility arborists, certified firm workers, certified urban foresters and/or municipal arborists, utility line clearance tree workers, CA licensed pest control advisers and applicators, American Society of Consulting Arborists (ASA) registered consulting arborist, and technicians providing technical support for inventory software, The firm shall identify at least one (1) ISA Certified Arborist who will be responsible for project management, one (1) Certified Utility Arborist, and full-time English speaking site supervisors capable of communicating with any City representative, and who are authorized to act on behalf of the firm.

Staff Member Qualifications Proposed[duties E-9
Exhibit 2 251

Tree Trimming and Maintenance Services
N. Please describe your proposed tree inventory program and attach sample reports.

Failure to provide truthful answers to the questions above or in the following References Form may result in the Proposer being deemed non-responsive.

The Proposer certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct.

FIRM NAME
CONTRACTOR'S MAILING ADDRESS:

Notary Public Comipany
Subscribed and sworn to me: Signature:
-- Title:

Signature:- - ... Date:

This day of , 20
Title:
....�. .------ Signature: �.�.. . .... .�...- Signature: Title:

Date:
(SEAL)
Exhibit 2 E-214

REFERENCES
For all public agency projects in excess of $15,000 that you are currently working on or have worked on in the past three (3) years, provide the following information with latest agency first:

Project 1Name/Number
Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $__ If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2 Name/Number
Project Description
Approximate Construction Date From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.).

Project 3 Name/Number
Project Description
E-11
Exhibit 2 253

Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: Final Contract Amount:

If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yea No If you answered yes to either of the above two quee1|ono, please explain and indicate outcome of claims.

Project 4 Name/Number
Project Description
Approximate Construction Dates From: To
Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: Final Contract Amount:

If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yea No If you mnnvvengd yes to either of the above two questions, please explain and indicate outcome of claims.
�
- �
Exhibit -25��

Project 5 Name/Number
Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.).

Project 6 Name/Number
Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $ If final amount is different from original amount, please explain (change orders, extra work, etc.).

E-13
Exhibit 2 255

Project 7Nonle/Nunnbar
Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original [}OOt[8[t Amount: $ Final Contract Amount:

If final amount is different from original amount, please explain (change orders, extra work, etc.), [J|d you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two quemt|ona, please explain and indicate outcome of claims.

Project 8 Name/Number
Project C)esQip1|OO
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:�
Address:
{)hgino| Contract Amount: Final Contract Amount: � If final amount is different from or,iginal amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two quesdiona, p|eeea explain and indicate outcome of o|airna.

F�4
Exhibit —25G

EXHIBIT "B"

CONTRACTOR PROPOSAL
Exhibit 2 257

M �y DATE(MMIDD/Y'Y YY)

OF LIABIITY INSURANCE
06/16/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVEILY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED DEC THE POLICIES (BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED � REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, � IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(( ) Rust have ADDITIONAL INSURED Provisions or he endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain Policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endor ment(s).

PRODUCER CoNTAC.r d6
Aon Risk Insurance Services west, Inc, NAME: - LOS .Angeles CA office A/C,pro,EsI); (866) 283-7122 AIC No,: (500) 363-01.05 707 wi1shire Boulevard E-MNL
Suite 2600 ADDRESS:

Los Angeles CA 90017-0460 USA INSURER(S)AFFORDING COVERAGE NAIC B INSURED INSURER A: Starr Indemnity & Liability Company 38318 West Coast Arborists, Inc. I URERB: Starr Specialty insurance company 16109 2200 E via Burton
Anaheim CA 92806 USA INSURER C:

INSURER D:
_ _..................................... —_
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER:570082348268 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE;FOR THE POLICY PERIOD

INDICATED,NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO.ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Limits shown are as requested LTRlow INS
PE OF INSURANCE POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY 1.000100141201 EACH O CCURRENOE $2,000,000 CLAIMS-MADE El OCCUR PREMISESUEm Ioccurranoel $1,000,000 MED EXP(Any one person) $S,000
PERSONAS.&ADVINJURY $2,000,000
GEN'LAGGREGATE LIMITAPPLIIES PER. GENERALAGGREGATE $4MO'000 JE07
POLICY X PRO- L00 PRO DUCTS•COMPIOPAGG $4,000,000 OTHER O
A AUTOMOBILE LIABILITY 1000 1981982'01 07/01/2020 07/01/2021 COMBINED SINOLE LIMIT $2,000,000 (EA gcddem) ..
}( ANYAUTO BODILY INJURY(Per person) Z
OWNED SCHEDULED BODILY INJURY(Per accident) d

AUTOS ONLY AUTOS
HIRED AUTOS NON-OWNEID PROPERTYD�AMAGE v 'OPILY AUTOS ONLY Peraooldank
r
d

UMBRELLA LIAR ' OCCUR
EACH OCCURRENCE V
EXCESS LIAB OLAIMSQADE AGGREGATE _.
..............

DED I IRETENTION
PE ATION D X PER STATUTE OTH-
A EMPLOV RS Y workers Comp ER
B OFFICEER/ML1VIRERtBPARTNER/CXECU'fIVE N Workers Comp, AZ 07/01/2020 07/Dl/2021 E.L. SEASEEIAEMPLOYEE $1,000,000 oFY PROPRIE OR PARTNER
NIA 1004004 2 2 6E.L.EACH(Mandatory
desod I e under
p $1,000,000
DESCRIPTION Or OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000= DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Addltlonal Remarks Schedule,may be attached B more apace Is required) City of:Bell Gardens is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies.

CERTIFICATE HOLDER CANCELLATION =
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ti EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE .dn POLICY PROVISIONS.

City of Bell Gardens AUTHORIZED REPRESENTATIVE 7100 S. Garfield Avenue
Bell Gardens CA 90201 USA � Y XJL i 01966-2015 ACORD CORPORATION.All rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Exhibit 2 258

COM08ERC&�L��ENERAL�ABk�TY
P�L|CYNUK4B�R� 1DOO1OO1�12O1
Effaubve: O7/D1/2O2D CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' ADDIT��U�Nx�� U�� x�� LESSEES d�� IONAL mn�'m�� um��wn`��~�� v�'��m��o`�� ~��~�� nm CONTR��n��n�� SCHEDULED �� d��
ACTORS w�� u ��u�� u m�� u��m� �n�
�� K��
�*u`��m�wm�� m u��m�
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)Or Location(s)Of Covered Operations Where Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations.

A. Section 11 — Who Is An Insured is amended to 1. All vwodk, including motaha|s, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schmdu|e, but only wmrh, on the project (other than marviom, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or demmge'^ or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or|n pod. by: location of the covered operations has been

1. Your acts or omissions;or completed; or

2. The acts or omissions uf those acting onyour 2' That portion of "your work" out of which the behalf; injury or damage ahuam has been put to its intended u�� by any person or organization
in the performance uf your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal asa part of the same project.

However:

C. N/|� n�� e insurance afforded to these
1 �h� insurance afforded to such additional '
' additional inauredo the following is added to insured only applies to the extent permitted by ' �mm�i�m NU—�lvm|k�4�7Unsurmnce;
|am and' K coverage provided to the additional insured is 2 If' required byaoontraotormgneement the moa we—= required by m contract or agreement, the ' ~ �—��- will pay on behalf of the additional insured is the insurance afforded to such additional insured wi
�
will not not be broader than that which you are
required by the contract or agreement to 1' Required bm the contract oragreement; or provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional |mouredo, the following additional whichever isless. exclusions apply: This endorsement ahm|| not inonomoe the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage"occurring after: Declarations.

CG 20 1804 13 Insurance Services Office, Inc., 2012 Page 1 of Exhibit 259

POLICY NUMBER: 1000100141201 COMMERCIAL GENERAL LIABILITY Effective: 07/01/2020 CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES 011

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)Or Location And Description Of Completed Organ ization s O stations
Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations.

A. Section II — Who Is An Insured .is amended to required by the contract or agreement to include as an additional insured the person(s) or provide for such additional insured. organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "property damage" caused, in whole or in part, by additional insureds, the following is added to "your work" at the location designated and Section III—Limits Of Insurance:
described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement, the most we in the"products-completed operations hazard". will pay on behalf of the additional insured is the However: amount of insurance:

1. The insurance afforded to such additional 1. Required by the contract or agreement; or insured only applies to the extent permitted by 2. Available under the applicable Limits of law; and Insurance shown in the Declarations;

2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the
insurance afforded to such additional insured This endorsement shall not increase the applicable will not be broader than that which you .are Limits of Insurance shown in the Declarations.

CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Exhibit 2 260

POLICY NUMBER: 1000198198201 COMMERCIAL AUTO CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s)or organization(s)who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: West Coast Arborists, Inc.

Endorsement Effective Date. 07/01/2020

SCHEDULE
..... .. ..__
Name Of Person(s)Or Organization(s):

Where required by written contract
Information re cared to complete this Schedule, if not shown above�wilI be shown in the Declarations.

Each person or organization shown in the Schedule is
an"insured"for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA 20 48 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of 1 Exhibit 2 261

Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com September 2,2020
City of Bell Gardens
Attn:Chou Vu,City Clerk's Office
7100 GarfieldAvenue
Bell Gardens,CA 90201
: RFIP for Street Tree Maintenance Services
Due. Wednesday,September 2,2020at05:00IPM
To whoa.it may concern;
Thank you for allowing West Coast Arborlsts, Inc. ) the opportunity to submit a proposal for tree maintenance services in the City of Bell Gardens,WCA Is a family-,owned and operated comp.ny empl in nearly 1,000 full-time employees providing rious tasks to achieve onegoal-serving communities who care about trees.We have reviewed,understand,and agree to the terms and conditions described In this RIFP®We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability.our proposal Is valid for a minimum of 90 days.

Ks corporate values Include listening to customers and employees to help improve services offered. By establishing clear goals and expectations for the organization,supporting Its diverse teams, and exchanging frequent feedback from customers and employees,we are able to provide gold standard'tree care services.

WCA's top management turn has created a culture where employees become accountable for actions and results.Our Tree Care industry Association(TCIA)company-wide accreditation is evidence of the commitment WCA has to our safety and training programs, customer satisfaction and our capacity to maintain industry standards.

WCA has a 8-year track record of working for more than 300 California and Arizona municipalities as well as her various agencies. Our company has been In business since 1972 and Is licensed by the California State Contractors Ucense Board under license#366764. We have held this license In good standing since 1978,The license specializes in Class C61(Tree Service)as well as Mass C27(Landscaping). We currently employ over 80 Certified Arborlsts and over 150 Certified Tree workers, as recognized by the international Society o Arboriculture. WCA is also registered with the Department of industrial Relations (DI ) 'For Public Works projects,our registration number Is 100000095C All work will be performed In-house; no subcontractors will be used.

Our employees will operate from one of our seven California aces: Anaheim Office, 2200 East Via Burton, Anaheim CA 92806. For questions related to this proposal and who has the authority to negotl to/present please contact Victor Gonzalez, V.P. Business Development, at (714) 991-1900 or at uycag rl[u ,rprn. Gonzalo Regalado, Area Manager, will be assigned to this project should WCA be awarded 6� ntract,He can,be reached at( 26)2 5-7618 or F��,P�V.�gu k��q e�an c x�rr.

Sincerely',
Patrick"r6ahoLey
President

CITY OF BELL GARDENS

REQUIRED FORMS FOR SUBMITTAL
For all 'services described below, unless excluded by the City in description of services below, the City shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with andl necessary for the Proposer to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of proposals.

A. GENERAL SERVICES
.. .........

Description of Services Unit Estimated Services Extended Prices (based on previous
1 GPS TREE INVENTORY SOFTWARE
Gathering of tree Inventory information $ 0 Lump Sum $ 0 and software trainin 11
......................---- �9, -- , 11-1111-1 1- -1111111."I'll--, ........... ' 2 ANNUAL PALM TREE PRUNING
King or Queen palm $ 60.00 5 palms $ 300.00
Washington palm $60.00 7 palms $ 420.00,
-Canary Island Datel _I]
3 GRID or ANNUAL TREE(Street/Park $ 60.00 2,500 Grid Trimmings $ 150,0db.0'-0- ' ............ T ),,PRUNING-,
......... .. ....... ............ ....... .m, ---------------- 4 STREET TREE TRIM $ 60.00 50 trees $ 3,000.00 0�4'dsh 4'�-12"dsh $ 60-00 100 trees $ 6,000.00 12'&over $ 60.00 400 trees $ 24,000.00 TRIM
0"-4"dsh $ 60-00 125 trees 117,500.00 4"-12"dsh $ 95-00 125 trees S 111,875.00 ig"&over $200.00 320trees S 64,000.00
.........................--.......... ...... ............... : 5 Tree and Stump Removal: Cost
per Tree(Tree and Stump
Removal)
0--6- $ 180.00 2 Trees $ 360.00
7'—12" $ 480.00 2 Trees $ 960.00
13"—18" $ 580.00 6 Trees $ 3,480.00
19--24- $ 680.00 20 Trees $ 13,600.00 25"and over $ 780.00 10 Trees $ 7,800.00 A. GENERAL SERVICES $ 301,795.00
Designated areas or districts are to be pruned in their entirety. This includes all small, medium, and large trees. Grid tree pruning will include proper ground clearance, crown cleaning and slight thinning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards(Best Management Practices)and the ANSI A300 Standards.

E-1
Exhibit 2 263

q
B. CREW RENTAL AND EMERGENCY SERVICES
..... ....... _m_. .........
.....
[Fully equipped crew as defined. Includes all manpower, equipment, tools, traffic control, sasa1 costs and zero material markups
Strai ht Time
Descr tlon of Services „Unit Prices Estimated Services _Extended

1. n Crew with $ 160.00 10 Hours $ 1,600.00
. Equipment w..... __.,._ ....
.,. _ wa
3 Man Crew with,. .,.. $ 240.00 11"30 Hours $ 7,200.00

3. 4 Man Crew with W $ 320.00 .10 Hours $ 3,200.00 Ewmen#
OvertimeMeekends/Emeruenc After Hour Call Out
�. .,. . .. �._._ _.__ . m�.._. _ ____

1. 2 Man Crew with $ 200.00 10 Hours $ 2, .00 .w_Equiment_„_._...

2. 3 Man Crew with $-300 00 10 Hours $ 3,000.00 E e ui mnt
......1 1.,....... m...._-..__. ._ ,._.............. _...__._._...................w_.__...... ......._........._..........__

3. 4 Man Crew with $400..00 10 Hours $ 4,000.00 ............._ uiment ...... _. _..__ _. . ..._., .. ... _ __.._._....... ....

B. SUB-TOTAL CREW RENTAL EMERGENCY SERVICES $ 21,000.00 GRAND TOTAL (A+8) $ 322,795.00

TOTAL ANNUAL AMOUNT OF PROPOSALS
(FIG URES):,...:122,795.00 .. .... ,. ...�. w,

TOTAL ANNUAL AMOUNT OF PROPOSALS (IN
WORDS):..... H-
rnThree Hundred Twent „ Two Thousand, Seven Ninety Hundred Ni ..._et Five and 0('J
.. m /100.
��._ �... ...�� _. .._��.._..H . .. ��..� Submission of proposals and signature of representative of Contractor below shall bind Contractor to perform stated services at the Unit Prices specified for duration of the term of the awarded contract.
_2
Exhibit 2 264

CONTRACTOR
We#,,gqq,# , r,Lorists, Inc.
d6'mpany Naryio Pn e opos 'r
........... ------- .......... ...............

Authorized Signature Date
2F—uhis."Is...M-1
Print Name I Me
Social Security or Taxpayer ID Number
Di R Contractor Registration Number: 1000000956
E-3
Exhibit 2 265

i
4 A proposer proposing to subcontract any portion of the work and to procure materials and equipment from suppliers and vendors shall identify all proposed subcontractors, suppliers and vendors below.

NAME,ADDRESS,AND PHONE TYPE OF WORK
NUMBER OF SUBCONTRACTORS, MATERIALS,OR EQUIPMENT
SUPPLIERS,AND VENDORS (BE SPECIFIC)
NONE TO BE USED .. . w . .

Note: Additional sheets may be attached.
-4
Exhibit 2 266

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA
COUNTY OF _9r
_Egtrick Mahoney QX4 s being first duly swom,deposes and says the i President of West Coast,Arborists, Inc.
(Name of Proposer)
the party making the foregoing proposal; that the proposal Is not made in the interest of, or on behalf of, and undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and non collusive or sham; that the proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone all refrain from proposing; that the proposer has not in any manner, directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refraIn from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged Wormation or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, any association, organization, proposaI depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
(Signature)
Patrick Mahone President
(Typed Name)
SUBSCRIBED BEFORE ME on this . ........ .....day of 2016. .......... .......
(Notary Public) My Commission Expires:
ee"
E-5
Exhibit 2 267

CALIFORNIA ALL-PWtPOW ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate veriRed only the Identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.

State of California )
County of_. _ ....._...a....ORANGE.. ...... .. __ ) On ......._.. w..g/fig w__...www m ,......w ,....before me, Amelia Menzel, Notary Public , Date Here Insert Name and Title of the Officer
personally appeared Patrick_Mahoney__ ...,,,.,_,.,,...� �.... ............. ............ .._.....__..._...___._.. _Name(s)of Signers) ...a��.�.....� d
who proved to me on the basis of aetisfactory evidence to be person( ) whose na cribed to the whit{n {instrument and ackno to me that °executed the samd in of authorized capac�'and that b�„ „ fir lgnatur n the instrument the person(i), '�mthe a upon behalf of which the perso acted,executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is true and correct.

WITNESS my h ;nd on ?officiail"s

AMELAMENZEL
ry aab 4�rm8mf'uwrnil f
'�romv�o�rfirpuv 'f' Signature .. � "
„:.. mm Ex trymAfrir i0 23 ....
u
Signature 0f otaf Public
Place Notary Seal Above
-e- OPTIONALThough this this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _. .. NonCollusion Affidavit Document Date _.....__._._...._....._ _.. . ___...._ Number of Pages: _ Signer(s) Other Than Named Above: a�...,.. ..w., _..,.....,. . m . .a _..... ..__.. _.....__...

Capacitypes)Claimed by Signer(s)
Signer's Name; Patrick Mahone _. ._ Signer's Name: _. ...w_ _. ®Corporate Officer— Titie(s): _...President_._._..... .................__ ❑Corporate Officer— ❑Partner— ❑Umited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attorney in Fact b Individual ❑Attorney In Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other:

Signer Is Representing: wee Coast Arborists.Inc. Signer Is Representing: . 02015 National Notary Association- www.Nat onWNutary.org• 1-8DO-US NOTARY(1-800-876-M7) item#5907 Exhibit 2 268

CONTRACTOR'S ORGANIZATION STATEMENT AND PERFORMANCE HISTORY The term "Owner" herein shall refer to any private firm or public agency to which the Contractor has submitted a proposals to,or contracted with,for any tree trimming and maintenance contract.

Submitted By: West Coast Arb,orists,jnc.
..............

Name must correspond with the Contractor's License
X Corporation Partnership Individual . .,.,.,.Joint Venture If a corporation, under the laws of what State is it organized? California California Regional office(s): 2200 East Via Burton, Anaheim, CA 92806 Q
rs, espging Officers,Responsible Managin EmployeesPairick.M IIQn tjt R Ua o e Rose Eriersan, Treasurer
Use a page titled "Additional Information andlor Comments" for providing requested or additional information for each of the following questions to which you answer"yes"or for any comments.

A. Provide the following license numbers and expiration dates:

CA Contractors License No. 366764 _Expiration Date: 12/31/20 CA C-27(Landscaping)Contractors License No. .366764 _Expiration Date: 12/31/20 CA C-61/1349(Limited Specialty/Tree Service)Contractor's License No. 366764 Expiration Date:

Will you be able to provide OSHA Certification for aerial equipment when used throughout the term of the awarded contract?Yes X No
B. How many years'experience In construction work as a current organization? (1) As a General Contractor'.?We Y/2 to
s ists, Inc. From 1972 Curren.-f QoastAr�qL
(2) As a Subcontractor? NS
A From_to
C. Provide the following names, addresses, and phone numbers for three public agencies for which Proposer has performed similar work Within the past ten (10) years, including the Geographical Information System(G IS)tree inventory services:

City of Lakewood.,-,",-,",-,....... -- Agency Name Grant Pickersng,jrqe�F( ,5�4 -,?,ervisor �562].M6-9771 kiamea-n-d-teI ep-hone number of person familiar with project Tree Maintenance
Ann, Bu,,d,qe,t,,$,5.65,0,00,.,,O,O,, 5ej-y1CQ-5 2W5-Current . I - -1........

Contract amount Type of work Date Completed E-6
Exhibit 2 269

2. ._ ...� ..� " dJ �� ......... . .. .�,m .,..._. m.Agency Name s Ray.Valonzuela, Public Works Su perlrytendent ___ 5b 7Q-2731.......

Name and telephone number of person familiar with project Tree Maintenance
Annual Budget$1,500,000,00 Services 2005-Current
Contract amount Type of work Date Completed

3. TLC f ft1ft9w
Agency Name
FrankwPreclado, Public Works_S ryr1 0 56�2�W�a4-1m424 Narne and telephone number of person familiar with project w Tree Maintenance
Annual Budget$386,000.00 Services 1994Current
_ ._............
amount Type
..................... __....__ _...__._..._._.._. _....,,.. ,..........

Contract of work Date Completed
D. Have you, your company,or any officer,manager or partner thereof,failed to complete a contract for an Owner? YES NO X . If so Indicate the name.of each Owner, dates, and the circumstances.

E. Have you, your company, or any officer, manager or;partner thereof, previously had a contractor's license suspended or revoked?. YES NO__)L_. If so Indicate the name of each person whose license was suspended or revoked,dates of occurrence,and the circumstances for each.

F. Have you, your company, or any officer, manager or partner thereof, been debarred by any public agency? YES NO X . If so, for each incident, indicate the name of each person, the agency involved,dates,and the circumstances for each.

G. In an award based on low-proposals criteria where your firm appeared to have the low proposals,have you or your
company been.denied an award of an Owner contract? YES NOS_. If so,as to each such denial, state the name of the Owner, the date of the denial, the title and number of the contract proposals, and the grounds on which the Owner based the denial of award.

H. Has your company been the subject of any inquiry by any Owner as to whether your company is a non-responsible proposer or non-responsible Proposer? YES_ NO X . If so,as to each inquiry, state the name of the Owner, the date of the Inquiry, the grounds on which the Owner based the inquiry,and the result of the inquiry.

I. Has your company been given a notice of deficiency during the performance of a contract for these types of services? YES NO X . If so,as to each notice of deficiency,state the name of the Owner, the date of the notice, the grounds on which the Owner based the notice of the deficiency, and the result of the notice.

J. Has your company been assessed liquidated damages or had payment withheld by any Owner during the term of a contract for similar services? YES _ NO X. If so, as to each assessment of liquidated damages or payment withheld, state the name of the Owner, the date of the assessment/withheld payment, the title and number of the, contract, and the grounds on which the Owner based.the assessment of liquidated damagestpayment withheld.

K. Is your company currently a party in any litigation against any Owner pertaining to any contract for services project, or has your company been a party to such litigation? YES X NO . If so, as to each such litigation, state the name of the Owner, case number, the court and Jurisdiction in which said litigation is pending or was brought, the nature of the litigation, the amount at Issue In the E-7
Exhibit 2 270

'
litigation, the present status of such litigation, the date of resolution of such litigation if resolved, and the amount and method by which such litigation was resolved,if resolved.

L. In the last fim* (5) years, has your company, in the performance of similar services, received any notices of Violation from OSHA resulting |nany fine? 1/BS X� NO . If so, ombm each notice, state the name of the Owner, the doba of the mot|ce, the grounds on which OSHA based the noUma, and the result nfthe notice. Provide the following information aetm contract experience with public enUdom or governmental agencies only, within the past ten (10) years. If none, write "NONE" on the chart.

E-8
Exhibit 271

K. Is your company currently a party in any Iitigation against any Owner pertaining to any contract for services project, or has your company been a party to such igation?
a. list any lawsuit or litigation and result of that action that is still pending or has occurred within the last five(5)years.
b. list all projects where claims or settlements were paid by the firm or its insurer's within the last five (5) years,
c. list all work related injuries or fatalities in the last five (5) years. a. A Large, mature Eucalyptus tree uprooted and struck bystanders at a City of Whittier park while taking phatas under the tree. Several people were injured, and one death occurred as a result of the fallen tree. Currently there are 22 plaintiffs.The case is in the beginning phases and has just been transferred to the Norwalk court jurisdiction.WCA was pulled in as a cross-complaint from the City of Whittier.

Case No. OCS56449 -Mojarro, at al.v. City of Whittier, et al.

Case No. OC666044— Stephanie Dviett v. City.of Whittier,et al. b.Tog! v Pasadena 9 Pasadena flSa.WCA paid out a settlement of$5.000.

Exhibit 2 272

ri
Tree Care Professionals Serving Communities Who Care,About Trew www.WCAINC.com

CITY OF BELL GARDENS
-'year CAL/OSHA ComplianceCAL/OS History
OSHA ViolationDisclosure:

West Coast Arborists,Inc )appreciates the opportunity to further clarify all the results from the L we site pertaining to WCA!s recent OSHA Ilns ections/Citations:

Date of inspection®2/2 /17
OSHA Citation#1213089
This was a facility inspection due to the Maximum Enforcement campaign. 1),No permit to operate air compressors.2) No warning signs for air compressor for auto start up.3)Stored oxygen cylinder next to acetylene cylinder.4)Welding cylinders not secure from tipping )PrIndertool rest not adjusted to proper gap. )Grinder tongue guard not adjusted to proper gape Permits were obtained for all air compressors company-wide as well as suns placed for all compressors.We had all, but one,sign not. placed.The cylinders were not in use and were pending to be refueled.The other cylinders were Incompliance,that were in use.We have now kept cylinders,empty or full,separate and chained up.

The grinders inspected were not in use and were unplugged,because they had a potential to be used a citation was issued.We now conduct a weekly walkthrou h and check all grinders for proper gaps regardless if in use or not.All citations are under appeal.

OSHA Citation#1214604
Date of Inspection:2/2 /17
Accident Related Inspection during contract services with the City of Camarillo 1 serious citation issued'. Failed to have rails on stairway to bucket.We have corrected the truck that was missing the guardrail and spoke with our bucket truck manufacture to place a guardrail on Ali our new unitse We have added these rails as the trucks came In for repairs and preventive maintenance serviceW We also placed.stickers on areas that are not working surfaces.A safety.smut down was done companywide for re-training to all employees.The employee who was Injured received a Safety Violation notice for working off a non-working surface.Total fire of$5,060 has been paid.

OSHA Citation#1180192
Cate of Inspection:9/2 /16
Maximum Enforcement Inspection during contract services with the City of Coronado®1 general,2 serious citations issued. 1)Missing elements in the IIPP.2) Not feeding from side of chipper and walking away.3) Placed hands and arms on the feed table,During the investigation It was found that the employee was in fact following proper procedures.What looked to be chipping brush,the employee was using a bigger limb to push the smaller material into the feeding wheels.We conducted training with the crew and placed additional warming stickers on the chippers.The citations were appealed and significantly reduced.Total fine of$8,355 has been paid.

M. List Key Staff who will work on the City's tree maintenance services, their qualifications and proposed duties. Staff shall include, but not be limited to, certified arbodsts, certified utility arborists, certified tree workers, certified urban foresters and/or municipal arborists, utility.line clearance tree workers, CA licensed pest control advisors and applicators, American Society of Consulting Arborlsts (ASCA) registered consulting arbodst, and technicians providing technical support for inventory software. The firm shall identify at least one (1) ISA Certified Arbodst who will be responsible for project management,one(1)Certified Utility Arborist, and full-time English speaking site supervisors capable of communicating with any City representative,and who are authorized to act on behalf of the firm.

Staff Member Qualifications Proposed Duties Gonzalo Regglada_. -ISA Certified Arborist#WE9952A Area„Mana�.er _ .w
TSSA Traffic Control Technician#4545b ....._ ------ Jose Luis Delreal_ _...... __ ISA Certified Arbodst#WE-11231T ,area 5u rervrso,r __.

TLC Wildlife Aware
WCISA Certified Treeworker Climber#2211 C
Mateo Arvizu E-1151 T Foreman
for 10. imene ...__ ... ....._.... ......_. .... WF_l>>IOT CrI.Falco_ _ ...... . ........... Deft.of Pesticide PCA 128017 iant Health Care Coordinator .,.,,, . __._.._w .....ReoJstered ConsultingRAb, ,7„ .... ...

PR_Quapified Kest Control Apl?IicatorQAL135447
ISA CertifiecMaster Arborist-i3 WE-74408 .._... _
..__.... ......._.. . ...... _. best PostMan Bement P dices Around Children E3360-0-0065-17
DER Resp ator Fj
..._. .

Ernesto Macias _ _ ISA Certified Arborist#WE7120AUM Risk Mana g eY QbpLliak&nc TCIA 5q(pty Professional_#1115,
ri Zuni __..wwwwl gY cir with WCA ..._ Customer Service Represent-tlye ICSR) Chris Cn �:�en... .. .. _ gLe QeY I i�er Vice resident . ....................._ _Lxperienced in Inventory Software Devela l, to j " ...... ........... .m.w .�,,...
_ Information Technolo,,p:�L and__Software En g ineer_
Nicholas David Woodlin.._ ,,.._ _Microsoft Certified Professional IT Mana°der For more information alease reference section 3 titled Mamcrany . ..._......._.._ . .._... _....

E-s
Exhibit 2 274

Tree Trimming and Maintenance Services
N. Please describe your proposed tree inventory program and attach sample reports.

Our tree many A,ement -.1grt from other com zanies.Withnearly 2,000 active -usoLus.,&tQr6q!mi aµnd,ourn mibileuwum ,hq[iy_Ypu easily.rn gqwypgr urb an with
easeangi.,con izin., GPS coordinate4L
y q,Tree site attributes include location util
s ecies type.and parkway size. Features allow you ton view and edit work history records and create yyork-orders.dir9rfly from the field,gill fimm-our-sea-ure cloud.

The.informa.fi.on.jcqjjt pgo.in Arbor Accessy rovides an unlimited resource of information ...........
_LeggEdkQyQur urb
r oce section 7 in our mmwro sqj[bockj#jed"Added value:
.......... ..............
.............................................................................

Failure toprovide truthful answers to the,questions,above or in the following References Form may result in the Proposer being deemed non-responsive.

The Proposer certifies under penafty of perjury under the laws of the State of California that the information provided above is true and correct.

West Coast Arbodsts, Inc.
................................... ............

FIRM NAME
CONTRACTOR'S MAILING ADDRESS:
-220-0 E-0 Lt Y iq,a VJ tw,
Anahe!!D,CA 928.06
Not P—Mblic Company
Subscribed arld sworn to me: Signature:

Title: Patrick Mahoney,President
OR Date:

This day of
Signature:

Signature: ............ Title: hard' M a h o n q. se6reiq Date:
(SEAL)

AAELIA MENZEL
Notary Public-California
Orange County
Commission#2294381
MY COMM.Expires Apr 5,2o2i i
E-10
Exhibit 2 275

REFERENCES FORM
For &]-I public agency projects in excess of $15,000 that you are currently working on or have worked on in the past three(3)years, provide the following information with latest agency first; Project I Name/Number Tree Maintenance Services"
Project Description V C&pqdgLMLvari9
w,trea..rraatntenance services forffieJlt p.
Approximate Construction Dates From: Since 1997 To: Curt ent Agency Name:

Contact Person, Joe Garcia,Maintenance Su,>v.Telephone: 5_62 9. � jj_ Address, 12700 Norwalk BIVI�L�Norwalk, CA 90650
Original Contract Amount: $,..............._4419994)0"' Final Contract Amount, $----26QQQQDO If final amount is different from original amount, please explain (change orders, extra work, etc.). _!Qharkqps.due to annual CPI Increases.
...... . ........ .. . .................. ..........

Did you or any S b ntractor, file any claims against the Agency? Circle one: Yes T
Did the Agency file any claims against you? Circle.one: Yes If you answered yes to either of the above two questions, please explain and Indicate,outcome of claims.

N,'A
Project 2 Name/Number _....Tree Maintenance Sery..ices
........Project Description Tree Maintenance Services.WCA provides complete tree maintenance and g,,nag nent services'?'I"e cSInce 2005 To: Current
Approximate Constru on aje rom:

Agency Name:, City of Whittier
...........

Contact Person: Ag�rne nncBume .Tr�Q M�jntv Telephone: (562) 4-3375 Address: 13230 Penn St., Whittier, CA K1602
Original Contract Amount: $ 328,0601.10,01-11 __ Final Contract Amount: $ 350,000.00 If final amount Is different from original amount, please explain (change orders, extra work, etc,).

Variance is due to increase in C! b t as well as allowance for CPI increases.

Did you or any Subcontractor,file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes Jo If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
..........

Project 3 Name/Number As-needed Tree Maintenance Services and JQQ'contracts.

Project Description Tree Maintenance Services as-needed and for various maintenance districts.

E-1 I
Exhibit 2 276

Approximate Construction Dates F Since 2010 To: Current ............ .

Agency Name: Count"' of Los An Aes
Contact Person: thn..Birdwel ._Tree Su^v. Telephone: 1 A74:7173 x. 257 Address: 3$126N._ Sierra Hi hwaY , Palmdale, 93550 Original Contract Amount. $ 4, 0 ®Q0.®0 , Final Contract Amount:

If final amount is different from original amount, please explain (change orders, extra work, etc.). 1NCA maintains multle Dung,contracts for various maintenance districts, as well M..n , ...._. .
as-needed services.

Did you or any Su nNo
tor, file any claims against the Agency?
Circle one: Yes
Did the Agency file any claims against you? Circle one: Yes o If you answered yes to either of the above two questions, please explain and indicate outcome of claims.N/A-
roj 4 Name umber Tree Maintenance Services
Project Description Provide the CaV with comr--lete tree maintenace & manaament services.

Approximate Construction Dates From: . i +c E To Current Agency Name: Gi#v of Torn City%
Contact Person: Steve Lawson, Parks& Reg. Telephone: 2857-211 Address: 97 1 Las Tunas er C_ f 17 _ Original Contract Amount: _ 125-. .. 0. 0 Find Contract Amount: 0.►� 0 If final amount is different from original amount, please explain(change orders, extra work, c.).

The City has allowed for annual CPIincreases as well as increased their dud et for extra work. _.

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes o
Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
-12
Exhibit 2 277

Project 5 Name/Number On-Call Tree Maintenance Services Project Description -WCA1,,'Jrovides the tjth�as-ne�eded�tree�mairlt.serVices.,, Approximate Construction Dates From: To: -.Current Agency Name: 'it,.,��f�qQta Fe�L:firgq!L
Contact Person: �Wjc Boni G, .r,o-u,n, ,ds Su��v.Telephone: _ ZQJ. 044:95JI Address: 1 636 Ernmens Wa , Santa Fe S[.,�rir 9
A- 947.,-70
- ...Original Contract Amount: $---.235A ....QQAM Final CoCor4ract Amount: $ If Mal amount is different from original amount, please explain(change orders,extra work, etc.).

WCA is allowed annual CPI increases in addition to the_City increasin:1-,i their bud jet for more work to-bo cam
Did you or any Sub r, file any claims against the Agency? Circle one: Yes cor
Did the Agency file any claims against you? Circle one, Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
. .........

Project 6 Name/Number -Jree-Maintenance Services A. regiment ,"
Project Description _VC provides c.t° wide tree maintenance ry.49 ices.

Approximate Construction Dates From: 2005 To: Current AgencyName.- __j:ffy_gfJ1q�v
Contact Person: —MQffDJ9k& hAgIntQQgWbgtar Telephone,
Address: .9633 BeYerliv, Road Pic—o-Rivera, CA 904001- Original Contract Amount: $ 2d2 2 Q.CKy_. .... Final Contract Amount: $ 262,270.00 If final amount is different from original amount, please explain (change orders, extra work, etc.). . ............. ...........

Did you or any Suibco ctor, file any claims against the Agency? Circle one: Yes
Did the Agency file any claims against you? Circle one: Yes No If you answered yes toeither of the above two questions, please explain and indicate outcome of claims,
.............. ...........................
............ ....... ................ .......

E-13
Exhibit 2 278

Project 7 Name/Number nnual,Tree Tri „ m c M+�a�ntenane services _,... .._....

Project Description Tree Maintenance Services
Approximate Construction Dates From: 2011 To: .. Current Agency Name: Jtv of Arc jjg_
Contact Person: Dave ThoMson, Street.Sint. Telephone: -(626) _L 6?6 Address: _2AQ W. ..untrn.:tan pry r a(I LfajC 61 Z Original Contract Amount: 334 070.00 __,, Final Contract Amount: ,070.00 If final amount is different from original amount, please explain (change orders,extra work, etc.). ti
Did you or any Subcontractor,file any claims against theAgency? Circle one: Y IVo
Did the Agency file any claims against you"? Circle one: Yes Igo If you answered yes to either of the above two questions, please explain and Indicate outcome of claims.

Project 7 Name/Number Tree a,in enance Services Contract Project Description _ CA provides cit ( tree rnaintenancegqrviqes.

Approximate Construction Dates From: ..._ 200 .;. ,.r,..._. To: a C rrgfLt Agency Name: _,City of Glendale
Contact Person: Loren Klick,Urban Forester, Telephone: (818155—Q:3A L . . .—— Add ss: 54 . Che Chase Dr.. I n of 9124, Original Contract Amount: _. 1,00 ,5 0.00 Final Contract Amount: s, 1 M 134,_ .

If final amount is different from original mount, ease lain (change orders, e r work, c.).

Cite issued a chap a or er,and llow for a buda_�+et increase at the time of renewal.

Did you or any Subcon r or,file any claims against the Agency? Circle one: Yes o
i the Agency file any claims against you? Circle one: Yeso If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

E-14
Exhibit 2 279

M
f
Xr s
Tree Care Professionals Sowing Communities Who Cure About Dees www.WCAINCtem ,`wwilDUNUhYlFlrL'UIf1W%/9wwfl ai Al,kuiVV,a !5«rWwreeh',Yrro+wd,Mbrw,rvrrti:iWW�PbWundfw.wow,rrv�lr,Y,luwrwM!wr;>ibrirdmer(AHr„Vfiawmiii. vt^hli;5�11rlN�rWrfi✓rrrre%nnwwlhiVrd unlm IwuwiwuwwulwwlililouuuouwwioulWmuuowwwNONwaww �' i w 3 .t rAw�iilA k�x

CONTRACTORS
�r/�/>rrrarriiiorr� J�rr�%Ua�lnlrlrrii%r;��lar�lanr/%�iali�rf;�, a STATE LICENSE BOARD �
+�mr�olorrl/i�a�i�l/oro�UllllU/lll�lTblr�lrll�! m�e��rvai � � OMMTM�UT�COMIVMJIlVYI�M AC. 11VE LICENSE. Mw
ji
m
grey,
4 ui Mobi'r erg f =11M COR
emnmhwmWEST COAST ARBG I STS INC
CGI/D49 C27
�rt
E..m.Dw 1 /31/2020 www.csib.ca.gov
ww.wawwww�awwww uuuoumo _ muww�wwwwwoowiooiwo u � Exhibit 2 2

® d
Contractor information Registration History
t,�ouR moo ,4w•wwr� [fltoweOat tt
�.wSWFn sY Gy�w
Ce;wa:crww°-an
Skmrora
�w
IONVY'rM
qrj w,w¢gwdon a C'wr.¢xw ear.
0141 19
Ntxt,V,gea¢wuoadas c,�gryuawaNrauu
W ,22
Md@8{mS WRMm2
PhyOW Ad dip,w
klrw'put Numrwem,x k0
,i
Exhibit 2 281

I
" CDATEIM D P
CERTIFICATE OF LIABILITY INSURANCEill
"I�6fl I I ISSUED S A 0TE INN I'ON!! L I �CONFERS;._.. RIG U13 I E ...PlI LD IVII C � 1° DOES NOT AtiF"FIIRMAn ELL NE A'TIVELY AMEND, EXTEND OR AL THE COVERAGEA I l�E Y THE POLICIES Poffr
G9�EIII„0 " R A"TIE F INSURANCE ANCE 14 TT II14 1Q°ITUT . I, A "T BETWEEN PIE RUING V'PI BIE Yn AIJU"III'II�NE D IEI T� ITCAl VE PRODUCER, I0 7H E TE MOLDIER;" Aim M I W AIIN Fall lay hllm LrrPE EuMId RINI��IIImDrE the IIG u'u )must
ve 11 r vIelo
the
It IL�nRI ICE AO"TIC � llln r endorsed.lfl IS
p u E Y ai n GIIEIRE o nwlu N.R ands rnl, statement an this ._ � ... ,��, �."" ... ....._ mRtl�lR)° cSI I;IIII RLE �lnot � r rI Inls lug the IIPI I holder,In III I of S enda PRO' Ar
..mow,

PRODUCER
AAuuh Risk Insurance ervices Dean:, rnc. .

P IW Q06A) 203 7122 EA1�
707 W1 shire Boulevard
LOS Artl0elEE EA 9001.7-0460 us
ONSURE :Si2AFrORDIrrEG Covil NAICS
I;WORuN'A 'nn naMERA. siElrr s'n"diam ity 0r Liability �EEmOEIny 3S92S .. Starr Specialty.I _.._ ___..._.... _.............

WSSt �� ,Ea� AN^0sar•tlAn;,�„ iwnn;,:w a ARE" rn,�uanAru� Company 1.O2Gn0 220O E via RUuwI',AR � �
Anaheim CA 92800 USA nn aw , Navi0ators sIrDE�Ia�ty Insurance a�proOAu ��0 S �. ..._..

INSURER D.

INSURER E
..

V RER P
IEIT�II ,ATIE L7IdS2205 IEIW ILIOIL _
`I"ISM IS T6_c, 'CIFY THAT THE POLICIES OF INS!UVRA'NCE USTE0 Ril HAVE BEEN ISSUED IVY THE INGU RED NAMED ABOVE FOR THE P IJUN PERIOD WEDICA"TIEID"N(A'WIT14STANDING ANY REQUIREMENT,NT,TERM OR COWTON OF ANY OONTRACT OR Cn"I'HER DOCUMENT 11 ENT VUrrH RESPECTTO WMCH"TIA CEI'I"TIFICAATE MAY BE IISSUED OR FRAM T+'EKTAAI'I°"THE II�;I;LUIRAIW E AFF'ODIRDED TL THE POLICIES DESCRIBED HEREW IS SEIIEIIEO"T"TO I.I.11HE ._. �..,, .. �
Tfu lmS
°EXCLIJSIONS AND l °Dt � UI�S.ILIlSH MATF BEEN REDUCED Sf PAID LLAIMS. L"ItllIN SIIWN�ErE � EaT PN 0. NSER uTO�9gT a ALGEV LA Lrry A u�rr tlRnG IC u TI CLAIMSEAAIBE 00CMA Lr""&3Lft r T r '.... �.wF 000„'040
MEIN EDG'!1'NV one p¢ru on) $ 0nTTtl
GENIAGGREGATE LIMIT APPLIES PER: CEN U�ALAGGREGATE $4,ll000 Pil OTH EC7'
ER: �LOC .PRkPflJd""6'Sm4RIPAkCE0.4 .. ....,, ' .....IITIr,QIIDC,I, .......,..,.w. w " ., ...,m.......................w....,�.w,........—""---1.,.-"..,.. ..,.�n.,m,"., ,,.,m�., ,,, ,�,�.,,. ",,,m.,,,,,,.,�.......w,,.,.m,� ,,,,,",�»..m,»,.,.,,,,, .,. ..� .....,., �. „•..,.»..,m�......,....,��,��,' 1`n A S.Euy um.M 1000 1981902O1 07/01/202007/02/202 BMWE VNGLEII IT S2 0100 O'00
X ANY AUTO O L 001ILY INJURY(Pa v paiso n) Z r OGHE¢DLUII"EIV _...
n9'�rA'LCk IEOOud,PYA'DAVJR'�$Pe
...,. AV.p'MONLYP AUT0'S iPw��.&S�ct2i.:.... .............. ... _..,.,.....�..______W " NON-OWNEDPROPERTY DAMAflE
hYnRE'.n9�ALPrCE
�u ay .'AUTOS MY
C LAIL6 C,UI,bR ..� m .. ,. .�. � .. .. SE,EOEXC20�`e 'k.kY"Ji7;/rUN, rk�Yl EACPtl67LG!�PRrSUd�,C �, 000o0GAIe"' ... ..... __.._ ,..,
NG @.nWkl[tl .. I.G.«IL.A9Ihldtu�%ntlflh�6ti 6 AGGACORF2�. . .....,.,. ..,z p d.D�,o®'CAI EnPEYN Gn� V
00 A C UVERS VLYASnILNttNNAUbEM1 ICJ000C}AP _... . ... ..... .... ..." . uDED
EMP
mif,
��" .. ,�.. 7f � aluzlrtlrla�T u� nvAUtl�u . .r •II SANY Y Workers GNn4 A O7/0'J6/20 _.. _..0 8OFRMeW ROE RrtlCCAIIX hCE� MIA 1.00000422 07/�g1/2020 r�r I'saAr �w_Nr �1w00.0„I.00 fl m atl it aP"RA"ERC'�NdS bolo+ 0" Pr' E+CwAYi .�,....... ..,. .......�...".�,�.,•......�...,. ...� .."... ,..., .�.�.. N-L„1I S R�Iv"nY'I;hArr.� �� ,I OSO..020',. ' �& 181,
CEHIP'rtlCM dF'GiP'Ei_RAT EANS t L 'ATOCIIAS/ 7EWNNI, (ACCRM7 1 9,ACB AEG WN z S4k'r�A4pMWo o EG arum A dun I w
°n
Tl"' wA I' ��..,w,w......�...m. .,w.„...�...,,�,..�..w. CANCELLATION CER
OLDER

SHOULD AN'N CW 'FIEASOWE DESCRADEO POLICIES BE CA ELLP SWOPE 'TW EXPIRAMN DATE E TWMEGF,INUOVOr, 'WILL BE DELP41 RED 01 ACCORDANCE WIN;T I'

PCMY PROVISIONS,
p,„, ."...",..._,,..........,....._..,�.,,.,...... ,,..�.... .."..,,,,, "._..__._....,...,,.....W,,,." ..�..,,,..,.�.."..,,� ,.,.�.....,,�..,,...... _.,.�......._.. ige,St oCo,aSt AArxpP�rlsil 2rlco AUW' DRVIVRESEN6 E r 2200 E vi R IEurtoA
AMullWIN CA 9200E USA
Or
-2 1Fu ACORD PORA" ON.Nil rights reserved
Al M 2 (201 1 The ACORD nOIIEES and logo are regisbred ranks of ACORD Exhibit 2 282

1/
r
WCAINC.COM•800.521,3714-LIC#360764•DIR#1900000856
w�
aw
a
r
/ I
r
T W
/ I
�r r
r I

y�nnn�,i a nn n u� nR G�Iiouul�riRi i��t�IIVCer$�� 1 n f
r r
WEST COAST ARBORISTS, ) is a family-owned and operated union company employing nearly 1,000 full-time employees providing tree maintenance and management services. We are proudly serving over 275 municipalities and public agencies. We provide superior and safe tree care operations seven days a week,24 hours a day throughout California and Arizona, COMPANY INFORMATION UUn VISION
President Patrick Mahoney Is
Organization Type: Corporation As a corporate ciitizom KKs responsibility and accountability are to the communities where we Established.- 1972 do business. We hold ourselves to the highest standards of ethical conduct and environmental Federal Tax 10:95-3250682 responsibility,communicating openly with our customers end the communities in which we work.

DIR Registration:1000000950 It is our goal and vision to load the indusby in state-of-the-art urban tree care and management Members of(laborers'Union:UUNA! services.
1 CORPORATE OFFICE
2200 E.Via Burton St.

Anaheim,CA 02808
REGIONAL OFFICES 100% CUSTOMER SATISFACTION
Fresno,CA Customer satisfaction is.our top priority.We guarantee your complete satisfaction with every India,CA facet of our services.Our dedication to customer service has earned WCA a reputation unrivaled Phoenix,AZ i in the industry for dependability,integrity,quality and courtesy.We authorize our employees-to Riverside,CA do whatever is necessary to achieve the highest quality results.We know that high quality work Sacramento,CA
San Diego,CA saves our customer's valuable time and is for more cost effective if we do our work properly the San Jose,CA first time.We are committed to courteous and prompt customer service to fully resolve any San Francisco,CA issue.

Stockton,CA
Ventura,CA
CONTRACT ADMINISTRATION -
Victor Gonzalez,Tice President
Corporate Office
Phone(714)081-1900 BO+ISA Cwded 45+Years Experiamm 975+Ilualified Fax(714)956-3745 Arborists (S1milW Ste 9 Scope) Employees Email:vgonzeleziwcoinc.com

FIELD MANAGEMENT
Gonzalo Regaledo.Area Manager - - .

Corporate Office
Phone(714)991-1900
Fax(714)956-3745
Email:[email protected] 16 NCCCO Cartifiied Lace]Office 6 Nursery 1500+Pieces of EMERGENCY RESPONSE Cram operators (Anaheim 9 Placentia) Equipment(Dmmd) 2V7
Exhibit 2 284

CORPORATE CAPABILITIES
West Coast r on s.Inc.,is committed successfully completing each project in accordance with the specifications,budget,schedule an with e highest quality service.Our customers'satisfaction is a direct result of our means to carry out each project listed below are same Of our corporate capabilities,which not only provide a sense of comfort and confidence to our customers,but also assure there of our continuous ability to carry out the duties of managing their urban forest. . E.D1
• In business continuously and actively since 1872 � • Contractor's License C61/049 8 C27 Y
"
• Over$8,500,000 line of credit available
• Bonded by CBIC,an A+rated company
• 950+employees
• 300+contracts with public agencies Active r
• 80+Certified Arborists free Care Industry Association CI • 150+Certified Tree Workers International Society of Arboriculture USA) Drug-free workplace league of California Cities(LC ) • 14,000 sq.ft.company-owned Headquarters(Anaheim) California Parks R Recreation Society(CPR ) Department of Agriculture Nursery license Association of California Cities-Orange County(ACCOC) airatonce Superintendents Association{ SA)
Avg.500,000 trees pruned annually over past 3 years aU` rnia Landscape Contractors Association(CLC ) • Avg.ROOD trees removed annually over past 3 years Street Tree Seminar( S) • Avg.14,090 trees planed annually over past 3 years California Urban Forest Council(CaIUCC) Avg.250,000trees inventoried annually over past 3 years American Public Works Association( ) • Fully insured with insurance up to$10 million
• Federal Tax 10#95-3250BB2.current on all taxes and CONTRACTORSSTATE LICENSE fillings with state and federal government °° (,,,��fhf U C 48 Sales volume over$100 million annually.
_ CORP.M D
Fleet of approximately 1,500 pieces of equipment ��:�`'�"�` _

WEST COAST ARBORISTS INC
C61/D49 C27
� spa r
FContractorin6ormafwn Eawnac cExe 12/31/2020 www.esib.ca.gov W 00A=n2ECW--5,Ct.

CA1 lFURNIA DE sncnnooii xDrs�e T1CtDB • .� RBGVf.AY10;Y yr
u 9914
tsStT(as t a a#I.wm Post Contril Budrms.1lntn
LUMP 0h1W-41.201 UMNISE

LICENSE NO,MIPS
.,. oa,+a arYWrwx' wamsl;cea+z+wial�Ftaz camwcaa effic WWu.,OMITA1110 rlV°its,HIM WHWO AMAuueMsG",SIR'
'katl MY A"UTA,PA'ttUM ST IUN H KA Mu W,37
A I"IDYd'HUAA,C%93 Wh' ANANVIMI tA°adr1VAw
fYMA lSW:FG'FAXY.YreAhG.AYl1 ti p.'fl 81CC�Ot W
Y11p LW Bh L9b.'NffiB IkAFSILAAiSFL__AM1Y4'[email protected],�riFq!¢10+k[,.1,0A!iF.ffi tkq,L4"6t.

Exhibit 2 285

`�iir �Gl
v.
membersStaff i rbackgrounds
accounting, i engineering,

INTRODUCTION
West Coast Arboriat's is a company comprised of a WCA encourages its employees to get certified roug e management team and a safety committee.Staff members have international o f y of boric l r .in an effort to raise the diverse educational backgrounds including accounting,business standard of professional tree care companies.This standard administration,engineering and forestry. exemplifies r companys commitment to providingcustomers With competent,knowledgeable carded rk s°WCA employs a large WORK FORCE number of ESA Certifiedmri s and IA Cartified"free Workers.

WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree CREW EVALUATION maintenance servicesm These skilled employees can only be achieved WCA employees are evaluotedthrough an internal mechanism through both training and work experience. We believe that supervised by our Management Team.Each employee performs their essential experience should always be obtained through qualified duties according to a criteria-based jab description that reflects supervision,this includes both basic and extended skills. WCA makes safety,quality or mans ip,productivity,appropriateness of care, every attempt to ensure that this is undertaken before performing problem solving and customer service.A performance appraisal is work,loading a crew'.or career advancement The work performed conducted for each employee upon completion of the probationary an this contract is routine„recurHng and usual.The work includes period and at least annually thereafter.Each worker is also required watering.trimming.pruning,planting,removal and replacement of to complete a competency assessment and orientation upon hire trees and plants,and servicing of irrigation.The rates included in and annually thereafter in selected areas to assure that ongoing the Cost Proposal are based an the current prevailing wage requirements are met and opportunities for improvement are determination for e Maintenance(LaborerY identified.

Exhibit 2 286

ii�im � ��a� miauraauauai,��9
a.t
��

UPPER MANAGEMENTTEAM
From marketing,contract administration.field and fleet management,to information technology.our tipper Management Team is involved in the day-to-day operations supporting each Project Team and Customer to ensure the highest quality of tree care is being achieved In the industry.

PROJECTTEAM
FnnaiZA REG AOI � .
lyd/
ANAGER
ISA Codified Arboristf T r Limber -9 AT-ATSSATrA ContralTechnician#45M53-TLC WhAware Gonzalo has nearly 20 years experience in the tree care industry as he joined WCA Inc.in 2002. During his career,he has earned many promotions within the company®from Groun roan to Tree Trimmer to Foremen to Supervisor and now Area Manager.As an Area Manager,he will be the a y's main point of contact as he is ` responsible for providing customer service,estimating work,while managing filed operations and crews err
,�> , throughout the Los Angeles region:.
�1
t ARIA ZUNIGA CUSTOMER SERVICE REPRESENTATIVE
As the CSR(Customer Service Representative),Marie is responsible for providing support to the Area Manager, Site Supervisor and crew.She is to act as a liaison between the company and it's clients as well as the general public.Maria is responsible for responding to customer service inquires and facilitating contracting functions, such as.mapping,'underground service alert,data entry,field book preparation,list preparation,etc. , AREA SUPERVISOR
ISA Certified ArInis0ree W*x CI° II T- C IMIdlile Awn TCIA Ceded To re S - ISATroe Risk a° d Responsibilities of these Supervisors includes assisting the Area Manager in scheduling.overseeing the crw's rw� daily activities,employee training programs and ensuring proper safety procedures are being followed. Regular communication with the customer and'citizens can be expected as related to scheduling,work being perforated y % ff and any other inquiries that may arise mile on the job site.

ERNESTO MACIAS, RISK MANAGER, LABOR RELATIONS
4 J�, ISA Ceded -TICA So*Professional 11
L Ensures safety company-wide which includes the development,implementation and review of the company's in- house training programs,crew safety audits,and the company's Injury G Illness Prevention Program.

TIM rG
, PLANT HEALTH
,w I C ed a st my9 t9 - R 9 -ISATree MskAssessmonfflualifiad-TLC Wile Aware �rF
A's PHC program is managed in-house,no subcontracting.Staff is licensed by the CA Dept.of Pesticide w.; Regulation. Our program goes beyond standard chemical applications as Tian has helped WCA develop an a
efficient Integrated Past Management program as well.Inspecdan,diagnosis and treatments are available as- needed,
9 u
N % �
G
Gonzalo Re aiado Maria Zuni a Jose Luis Debd Ernesto Macias �= 9 9 Tim Crothers
Area Manager Cu amer Service Rep. Suparviear Saf*Manager PRC Manager Exhibit 2 287

s
„r
WCA has forged a successful partnership with the Laborer's International Union of North America WUNAO.

Higher standards+Exemplw7 Training=Superior Employees
ISA Certified 7WCA staff is trained to design and implement Traffic Control Plans.

ATSSA�1Yr✓FlM'�%
Arborists Board Certified Master Arborists Tree Workers Q p p WWgM1�MMWIWI�IMWIII
Cer
I.I
1 f,
° ed Urban WCA Cartilled ISA Cerfihd TCIA Cerblied ISA Nwwry in Information FO r ray Line Blity Treemmw Municipal Placentle 6 Tochaft Mechanics Cerfilled Crene Clearance specialisis %fassionals *ciallsts Dedicated SPecielials Oparinars firkersn
ummreu.emxmeam cwwmmm xx rvnawar� xA xlwwwwuwxn adnm �xawxmxawmr�am .... wm eat-,wvmvw�w w ww� &Y- W
90am.
k Y4
CA has developed an exemplary Plant CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION Health Care Programbeyond
standardPHE chemical p licati ns.
y
Adviser
WCA's VP of Field r I is a key WCA has 70 staffmembers WILDLIFE contributor in identifying an ��
certified through the Wildlife
PROTECTION developing the fir everBest �t °,, Aware and Wildlife Training Management Practices guidelines for Institute.

Tree Care for Birds and Other Wildlife.

CertifiedISA Board
Master WirMwuoinwml... s�i wmum a:". RCA Arborlsts
Michael Palat E- 541 U
Kelley illeran E-7U616 „'Tiro Croters m7 5 Cris Falco#WE-7490 6
lenn(Reeve Em1177 r u . k
Eugene arso -1
Exhibit 2 288

N WCA's ISA Certified Tree Wapkeps
Employee Nerve Cent FELIN HERNANDEZ
ADAMRUDRIGUEZ FRANCISCOLUP[Z
TAN BALTAZARREYNAGA r,/r'B,rzi FRANCISCO RAMIREZ
AGUSTINLOZAND 1„ FRANCISCOVILLANUEVA V11,111,Iii I�5/T ALEJANDRO VILENZUELA '1 rlr FRANC ISCO URENAJIMENEZ ALFREUU ANGEL LOPEZ ;rl,�e GABRIEL WIND
MORES ROMAN ( ' GABRIE€MERCADO RUQ " B�
ANTONIOCASTELLANOS Y,"Ii 5"0,1 GERARDO PEREZ 'thf AXMNIO GRADILI A W851 GERARDO A DRDUNO
ANIfONID GARCIA CUNTRERAS BERAIDDO MARTINEZ GARCIA ' r0,"T'.

AMEL ALONSD „'1; GLENN U.WHITLDCK REEVE I D I ,l ARMANDO SOTO GONZALO REGALADD
ARMANDO U.LOPEZ HECTOR MUNTES
AUDOMARDCORRAL �r1� T HERLBERTUCURONELWENCESLAO V'101 AURELID COVARRUBIAS l,T rf I,'nll: HUGO ANGEL RINCON A1REUU PAZ-GIOMAN � %1 � HUMBERTO CHIAVARRIA �i Zf')Uf` BRIM C.KIRKE90D I i it 11iaAf ISAIAS MAMAS T:;I CARLOS WA ,� �ItilGI.. ISRAEL A.RAMIIREZ 16"","i'
CARLOS RANDS J.REFU'GID ESCAMILLA ,r"vi I
CELEDONRO R.NIA ANG OLEA "Al-,r19r 6:T J.SOCORRO GARCIA 71 CELESTINOPEREZ 4,,if JAIMEROGEUUHERNANDEZ
CESARVENCESIAU {, ,'il,l JAMESCHARLES WORKING ,';Ri,; CESAR G.VALEHZIELA REYES JEFFERY B.WILLIAMS
CHARLES F.M.IRMO JESUS RAYA i el7
CUR'TISPATRICKWORTH u,9"2r1 JESUS A.MONIES I DANIEL CHAVARRIA Ary ,I,Y"M JESUS M.SARABIA PENA
DANIEL RIVAS `,.,IffyJD JOEL LOPEZ ,'1
DANIEL GEORGE POM 11,,13 F,T JOEL MARTINEZ
UANIFL J.KNUTSEN JR ",rho JOEL DIMI � T
DAMNYAVITIA ; '-,r'f JOEL M.RIVERA M, sT
OWING AGUILAR-MORALES %, ,'r,11t,'rf JOHN LEE PINEDA I I DEME'TE LIRA r� I , JORGE ARREUNERNANUEZ "r iZ;I DEMETRNIOSEGUERA ;Ir'ri JORGE BUENAS
EDNTERTO SERNA SUM !1''l JURGE JIMENEZ
EDUARDO AVILA 11,11310 JOSAFAT MONTOY'A
EDUARDO MARTINEZ BECERRA leo" ,I';I'1 JOSE AGDAYU I`r't EDUARDO VARGAS JOSE JIMENEZ r,,rl,,
ELIGID IDARRA CARDOSO °r JOSE JIMENEZ HERNANDEZ ,,,i? ELOY MARDOEZ f'r iif SSE VEGA
ENRIOUESANDOVAL '. �..,.t1 JOSE A.ALVAREZ " ERNESTO GONSAIEZ W I'',",i JOSE.A GONZALEZ MENDEZ fir, 13"47,"" EUGENE DARRIENTUS J;I JOSE ABEL CANCINO
FAUSTD GUZMAN T' I ,,i' JOSS AGUSTIN CARRILLO / M.

FELIX GARCIA tr1ffl' JOSE R 0 REILANA
JOSE INEZMMI LLA JOLIBC"GARCIAVAZTIIEZ 1> .. MELCHORLEMUS vlt r'el ROBERT JAY AOOISONJR !1 r e JOSE JUAN PEREZ r 2 J° KYLE JAIIE,S VIONEAU MICHAEL LOUIS YOUNG ,' ,I,,g f, RODNEY IYNN MORGAN 1,1 JOSE LOIS OELREAI LEONARDO RAMOS MIGOEL AYALA ROMUALDU GAETA LUNA L f JOSE M.CORTEZ TORRES )MA LFUNEL CURTEZ 2 MIGUEL MACIAS SALUbRIN 51LVA JOSE K MUNI GARCIA LETUSA MUMN JR % �/fT NELSON R"AGUIRRE rl If"irW JOSE M.CHAVARRIA MANZO LORENZO PEREZ 4/ -T OSCAR IGNACK)RIVERA 42 SALGSTIO SANCN<Z r JOSE�MANUEL PEREZ t �� LOIS A.MUNOZ RAMIREZ �!; N V` PEDRO CUEVAS ' 'll'6, SAMUEL JIMENEZ JOSE IR.GRABADUS LUIS P"PEREZ „ /�'r PEDRO GARCIA r'r,I,ri{ SANTOS MACIAS LENDS JOSEPH ANTHONY NUNN MANUEL BARRAGAN /I PEDRO SANDDVAL q iI SERGIO LOPEZ RIYERA JUAN BEGERRA %„q f .�' MANDEL BRIAhiD -°r r 1 PEDRO ALTAMIRAND 1"ll',i4 STEFAN a KALLFNHERG 0 AT JUAN MARQUEZ ;= MARCO A.PADILLAJIMENEl T : !;,` RAMUH ZUNIGA GOMEZ STEPHEN GLENN DAVIS ;......, T JUAN ORTIZ� mp,,; MARCO A TONIO VERGMA RANUtFG PERALTA CASTAXEDA I i /l'I/fi STEVE D.HURT JUAMTELLEZTAPIA rid- L,; MARCOSRICHARO-MAI Z »� RAULMIUVTAHERNANDEZ JUAN AMAOURARCE "i , ',"1 MARCOS WHO
RbULTEILEZTAPIA „;I YENIDRAGDMEZ
JUAN C.PERWRIAS MARTIN BARN °` ,/' RAYMUNOU GUTIERREZ f', I I WALLACE BORCH �t
JUAN CARLOS MORA '; U' I MATED ARIRZU '4 RENE RRSALES Exhibit 2 289

SPECIALIZED SAFETY TRAINING
Our I SA Certified Tree Workers go through specialized testing that proves they are competent to work in trees in a safe manner that protects themselves BS Well as the general public.We also qualify our employees to operate in a safe and efficient manner that meats and exceeds the Industry standards,these programs are WCA auslified Level I Tree Trimmer,WCA Qualified Level 2 Tree Trimmer,WCA Qualified Level 3 Tree Trimmer,WCA Qualified Big Boom Operator,WCA Qualified Loader Operator,WCA Qualified Roll-Off Driver.We also qualify all drivers that operate our vehicles by conducting 2 driving test and entering them into the California DMV pull program that monitors their driving record to ensure safe driving operators,

SAFETY TRAINING PROGRAMS'
Jobsite Briefing -Conducted each work day. Safety Team-A 10 person committee that reviews and discusses safety procedures,problems and incentives.

Weekly Tailgate-Meetings hold for each crew. Injury 8 Illness Prevention -Integral program to WCA's On the Jab Training -Now employees are assigned a"buddy" overall safety program. with experience to assist them. Leadership Training -Continued training and study utilizing Video Training-Programs included are Professional Tree the Crew Leader Home Study Program,available through the Care,Electrical Hazards,Aerial Rescue,Chipper Safety,Chain Tree Core Industry Association(TCIA).

Saw Safety and Pruning Technique. Video presentations in Certification Training-Continued study sessions are held in cooperation with Tree Care Industry Association(TCIA). preparation for the International Society of Arboriculture Certification Programs.

VNCA*IMKOM UFUY IMPROMINT AMD
b"dra
W"k* SUINY NJ=AND SAFI WDAK PRAMCM
0M""a=Q0~ftM MMMM"Mm
ft"71 "W"k Yfit a Ithdo=440ho-10 hpdwsl ft=vWbma6 �bnft s4t" Umdbd- ftd 1W A
U4 kvmpw
Clshhg gddb kWMpw
UAW",
CMW oft, Ad—wW***w
Iffla.91b"

FUMOMMM
Uh
Afto d F~Tsk
1 ulameey arA I Wh wr fst"wh%kA&1brh*b__ —h.VL d mom
d"hw...dbar,bM"hd441&)0W h@VMYAk_091"
haft W"kudybm raft hft dF-M-Wpft4
h Ob saw I•A mvv to=10=
11-dAdMdhJdfttb*WWwM
IYudtlebtddsdeiagtymrH• b=.,.d
0 60A
DMofCwapftm_ AdwANbftdWp
Rctured Idb Sample Safety
Improvement Action Plan Form
6 Safety Rules and Safe Wbrk
Practices review shoot.

Exhibit 2 290

West Coast Arborists understands the challenge tihat many cities fans to reduce the cost of tree maintenance services,while increasing the level of performance.Utilizing our services as a valuable,cost- effective resource,cities are able to provide better services to their community.These contracts cover a range of services from providing emergency response to maintaining theAgency's entire urban forest.

CITY OF L -SINCE 1997
WCA performs various tree maintenance services for ANNUAL U 2 RD 0 the City, The City is currently on a 3 year CONTACT:Joe GarciaMaintenance Supervisor maintenance cycle which includes major arterials, ADDRESS::I2700 Norwalk Blvd,,Norwalk,CA 9 E50 residential areas,parks,and facilities. WCA maintains PHONE:f j 929-5511 all tree maintenance records in Arbor ceps. E ILA yg rci inarvu Nk.c ,us Nye r
ISINCE 2005
uioiwioowomwir wm w uim mmo uomi ems
WCA performs various tree maintenance services for ANNUAL BUDGE1$350,000 the City and maintains the work records for 22„023 CONTACT:Wayne 1dc9urn y.Tree Maintenance Supv. p city-owned true sites including parkway,parks, ADDRESS:1323 Penn St.,Whittier.CA 90 02 facilities,The City of Whittier is currently on a 5 year PHONE:(562)404-3375 grid trim maintenance cyclle.Emergency response is EMAIL wmi hurney citynf hittier.org also provided.

COUNTY OF LOS ANGELES SINCE 2010
WCA trims nearly 25,009 trees of the county"sANNUAL 301090 ii 500,000 tree population annually,We also perform CONTACT-Nathan Birdwell,Tree Superintendent tree removals and tree planting ion an as-needed ADDRESS:36126 N.Sierra Highway,Palmdale,CA 93550 basis.Part of our work requirements include palm PHONE:(6 ) 174-7173 x,257 A tree inspection and bird nesting,inspections as work is EMAIL:nbirdweligidpw.lecounty.gov performed.

CITY OF TEMPLE CITYSINCE
r � r CA performs tree maintenance in several areas ANNUAL BUDGET,$260,000 including hlock ,medians,trails,facilities and parks, CONTACT:Steve Lawson,Parks 9 Rec. .M The ficus trees are on an annual maintenance cycle.

ADDRESS:970E Las Tunas,Temple City„CA 91780
WCA assisted the City In ideveloping a Master Plan for PHONE:(6 6)285-2171 dill, ' the urban forest In 2012 the CPS inventory was EMAIL: sla sanitem lecity.us updated to reflect the circumstantial changes
effected by the storm damage in 2011.

CITY OF SANTA FE SPRINGS —SINCE mimummoo ... m �muu mw WCA performs various tree maintenance services for ANNUAL BUDGET:09,990 P`�, ii,,
00 the City. The City is currently an a 3 year CONTACT.,Eric 9orunds MY F maintenance cycle which includes major arterials, ADDRESS:12 6 Emmens Way,Santa Fe Springs CA 00670 SANTA FE SPRINGSresidential areas,parks,and facilities. WCA PHONE:(562)068-0511 maintains all tree maintenance records in EMAIL oricbarundia[isantafesprinigs.org borAccess. Emergency response is also provided.

Exhibit 2 291

EXPERIENCE- CURRENT CALIFORNIA CITIES/COUNTIES UNDER CONTRACT WITH WCA CITY Of REDLANDS CRY OF TULARE
LE CITY OF RIALTO CITY OF TUSTIN'
A FLINTRIDGE CRY OF RIVERSIDE CITY OF UNION CITY A [STY OF ROSEMEAD CRY OF UPLAND
A CITY OF ROSEVILLE CITY OF VENTURA
,DA CITY OF SACRAMENTO CITY OF VICTORVILLE
A CITY OF SAN BERNARDINO CITY OF VISALIA
T'TE CITY OF SAN DIEGO CRY OF VISTA
E CRY OF SAN DIMAS CRY OF WALNUT
BEACH CITY OF SAN FERNANDO CITY OF WEST COVINA
HILLS CITY OF SAN GABRIEL CITY OF WEST HOLLYWOOD NIGUEL CITY OF SAN JACINTO CITY OF WEST SACRAMENTO NORE CITY OF SAN JOSE CITY OF unER
III CITY OF SAN JUAN CAPISTRANO CITY OF WOODLAND t CITY OF SAN MARCUS CITY OF YORBA LINDA CITY OF SAN RAMON COUNTY OF ALAMEDA
CITY OF SANTA ANA COUNTY OF COLUSA
CITY OF SANTA BARBARA COUNTY OF CONTRA COSTA
I., CRY Of SANTA CLARA COUNTY OF FRESNO
I;I' CRY OF SANTA FE SPRINGS COUNTY OF LOS ANGELES 9,iI iI CITY Of SANTAMARIA COUNTY OF MONTEREY � OF SANTA MONICA COUNTY OF ORANGE
CITlYv OF a F I I4 SANTA PAULA COUNTY OF RIVERSIDE C LiT EE COUNTY OF SAN BERNARDINO
CRY OF CHUB AOITE COUNTY OF SAN DIEGO CITY OF CITR „ COUNTY OF SAN JOARUIN
CITY OF CLAREMO COUNTY OF TULARE
CRY OF CDACHEIlA COUNTY OF YOLD
CRY OF CONCORD t TOWN OF ATHERTON
CITY OF CORONA I TOWN OF LOS GATUS

CITY OF CORONADO

CITY OF COSTA MESA

CRY DF COVINA

CRY OF CULVER CITY

CITY OF DANA POINT
CITY OF DAVIS ,.

CITY OF DEL MAR CAI
CITY OF DIAMOND BAR III,
CITY OF DUARTE Cl
CITY OF EL CAJON cl Ih i
CITY OF EL CERRITO CITY OF OAKLEY
CRY OF ENCINITAS C H Y I„I II'.. � •,
CRY OF FILLMORE CITY OI OH I
CITY OF FONTANA CITY OF ORANGE
CITY OF FRESNO CITY OF OXNARD •
CRY OF FUlIERTON CITY OF PALO ALTO
CRY Of GARDEN GROVE CRY OF PARAMOUNT
CRY OF GARDENA CRY OF PERRIS
C
CRY OF GILROY CITY

OF PLACENTIA

CITY OF PLE
CITY Of 6LENDALE JLSANTON

CRY OF POMONA
CITY OF 6LENDDRA

CRY OF PORTERVILLE
CITY OF HUNT INGTON BEACH CITY OF POWAY
CITY OF IMPERIAL BEACH CITY OF RANCHO PALOS VERDES
Exhibit 2 292

FIRM EXPERIENCE
Listed below are current contracts(in alphabetical order)valued over 11.000,000 annually.

C.jlj�of i / i this is 1,
...�.

Ci of Beverly Nips Since 2000 1,375,000.09 its rSince 20101,
City of Fullerton Since 19B8 1,D00,000.00
City of Glendale Since 2015 1,956,000.00
Cit of 11u!gjg9jan Beach Since 200B 1,000,009.00 itsjf Lona Beach Since 2916 $ 1,200,009.00
Cit of Palo Alto Since 2016 1,400,000.90
Cit of Sacramento Since 2915 1,000,000.00 Cit of San Die o Since 2015 2,000,000.00 C t of Santa Monica Since 2QI1 1,723,000.09 Count of LA Since 2015 4,300,000.00 Count f 0ran nnµ w „ Since 2013 1.B00,000.00 iv i Public UtilitiesSi 1
mkAbtdta I.... W M1kWpN �pumumwwumww rvltlW wuxii wwlnwnxntl If fl4�MN14BA maUw,Wpnwp

EXPERIENCE (SIZE
The references listed above are all current contracts displaying WCYs capabilities to provide the necessary manpower, experience,and equipment ana a prestigious Cities and Counties that require a heightenedlevel of attention, expectation and need in comparison er types of customers(i.e.,HDKs,commercial and residential).

YEA 1W P01811W a MY8 0M&MUMNP2711AW Bf pr16A Bg9fl.-INS IYEA Ins 9 n flr9n® rO 8d ice ,arwh-cantrBet
Exhibit 2 293

PRUNE C1.11iSSIFICAT1ONS
Grid Prins-Grid tree pruning is based on 1pruning in pro-designed districts,or grids an a set cycle and includes all trees(small, medium and large-sized.)Pruning will include structural pruning, crown raising,and crown cleaning in accordance with the standards sat forth by the International Society of Arboriculture Pruning Standards(Best Management Practices)and shall have no mare than 25%of the live foliage removed at a given time.

Palm Trunk Skinning
Full Prune/Crown Reduction—Crown reduction is performed when Palm tree skinning consists of the removal of dead frond bases conditions within the crown of a hardwood tree are such that the (only),at the point they make contact with the trunk without entire tree moods to be reduced.A full prune is recommended when damage to the live trunk tissue. the primary objective is to maintain or improve tree health and structure,and includes pruning to reduce overall canopy mass and Rant Pruning excessive wood weight.Trees that are identified for a full prune shall We strongly recommend against any coat pruning,however,should have more than 25%of the live foliage removed at a given time. the Agency elect to proceed,we recommend that it be done no closer than 3 tames the diameter of the trunk. Roots will be Service Requests pruned to a depth of approximately 12 inches by cleanly slicing A Service Request Prune includes tree maintenance services on through the runts,so as not to tear or vibrate the rant causing designated treads)as ordered by the Agency Arborist or damage to the free.The excavated area will be backhlled with designee. Pruning may include structural pruning.crown raising, native sail and debris will be hauled away. craven olooning or,pruning to reduco/restare the crown.Whichever work type is ordered'by the Agency,pruning will be performed in Tree Removal Operations accordance with the standards set forth by the International Society With a minimum of 48 hours advanced notice,WCA will inform of Arboriculture Pruning Standards and the Best Management undo ound Service Alert(USA)of the location of work for the Prectiice,Tree Pruning Guidelines.Work assignmamts from the " Agency may require mobilization from one tree site to another within purpose of identifying any and all futility lines. The removal the Agency. process consists of lowering limbs delicately onto the ground to prevent any hardscape damage. Immediately following the Line Clserance removal,the stump will be ground down,if ordered to do so and Trees that interfere or have the possibility of interfering with utility with proper USA notification. lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Tree Planting Commission.. it is our goal to protect the current hoolth and We can replace trees that have been removed and plant now trees condition of the tree and to maintain its symmetry and direct growth in accordance with specifications. We are prepared financially and away from the utility lines. logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48'hours in advance we will informi Small Tree Cars Underground Service Alert(USA)of the location of work for the Proper pruning and care during the early stages of the tree°s life will purpose of identifying,any and all utility lines.A well-trained save money in the future,and create a safer,mare beautiful,healthy, planting team will perform the spill preparation and installation of easy-to-maintain tree.We believe that tree care that is the tree performed'early will affect its shape,strength and life span.Our specialized small tree care team consists of certified personnel Traa Watsr ing trained to perform the fallowing: Tree watering will be performed by a full-time,WCA team member . Selective structural pruning Removal of dead,interfering,split and/or broken limbs an various routes,when requested by the Agency.This team will • Pre-conditioning the water retention basin built around the tree also be responsible for reporting special care needs to the small Staking or re-staking tree care team.This could include reporting weeds,sail that has Adjusting tree ties
Adjusting trunk protectors
Wood abatement
area�r�vrr�l'
Exhibit 2 294

Emergency Response Plant Health Cape
We are prepared for emergency calls 24 hours a day,7 days a.week, Tim Cr ethers,Plant Health Care Manager including holidays. The tall free number is BOB-LIMB-DOWN(BOB- 0 ISA Board Certified Master Arborist WE-7655 BUM 546-2369). This number will be provided to the Agenicy,Police 0 ON Oualified Pact Control Applicator 4145321 Department and/or Fire Department.Our emergency response team 0 GAL Category B 6 0 will do what is necessary to render the hazardous tree nr tree- Our PH C program managed by Tim goes beyond standard chemical related condition safe until the following workday, applications. We have developed an efficient Integrated Post Management Program(IPM)that requires diagnosis before
Crew Rental treatment. WCA is staffed with licensed applicators and advisors Duo to our vast amount of resources,including our specialty that are environmentally conscious as well as compliant with the equipment and qualified personnel we are able to extend our California Department of pesticide Regulation. This service allows u to provide you ithm
commitment to our customers by providing various miscellaneous s w services outside of the most common tree maintenance services: 0 Proper diagnosis based an on-sit8 inspection with laboratory • i testing when necessary
Flog hanging 0 Proactive and preventative recommendations that reduce the • Holiday light installation amount of potential post and disease issues • Changing bell park lights * Follow-up evaluations to ensure that the recommended • Misc.use of serial towers and cranes(Including equipment treatments result in a healthy and balanced urban forest rental)
• Crown reduction Shot Hole Gww
• Crown restoration They Polyphatious Shot Hole Borer(PSHI)is a now pest in Southern California, This baring bootie drills into trees and brings Arbarist Reports with it a pathogenic fungus as well as other We have full-time,Certified Arborists on staff that can prepare 'fungal species, When heavily infested,the resulting Fusarium detailed orharist reports,tree evaluations and site inspections causes the decline and death of trees. Over 120 different tree based an your specific needs, Reporting can be generated for one species are affected in Southern California and over 30 tree or an entire selection and is handled an a case-by-core hask reproductive hosts are of high concern. As tree care professionals,we have a responsibility to understand and report when we see a tree we are working on infested with PSHB.

ABILITY TO ACQUIRE, PURCHASE 9 STAGE TREES
Cities expect the highest quality of now trees,proven varieties and an organization with the knowledge and skills to provide them with the latest and most reliable information available related to tree planting,By meeting these expectations,we're able to contribute to the success of reforestation projects within cDMmunitie&In;,order to complete successful tree planting programs,cities can rely an us to locate,acquire and purchase different tree species.

As part of our Corporate Capability,we are financially able to purchase large quantities of trees for planting projects,Being familiar with over 50 nurseries in California.allows us to obtain the best tree available from a broad and plentiful stock.The process by which we obtain trees is quite simploo First,we utilize our database of nurseries,and contact several of them requesting specific trees with their prices.

Upon locating the availability of trees,we then perform a kwjw"", h 1�NsW!i Pit![,11041
ViU N�IftL I
UIPAINY0 CAI f~
tree pro-inspection at the nursery.When time is of the WO W 4 1 1-1 essence,nurseries will provide us with photos either by MENSk TO SELL NURSERY STOCK mail or by e-mail for our review,Once the trees are pug w purchased,and'dopending an the size of the project,we EST S N, Say have them delivered to our facility in Placentia.Oren,or 9 possible,at a staging area within the City of Agency.It is through this process that we have planted on average WAW C0101 V of 14,000 tries for all of our customers each year during the past three years.

Exhibit 2 295

Customer Service Department All WCA vehicles are equipped with an Accident Kit should anything As we work with,or near,the public,we are mindful that we will happen during the work day.Each kit has an Incident Report,an most likely be the first person the public contacts. We have a full- Accident Report,an Injury Report,a camera,First Aid instructions time Customer Service Department with each Customer Service and protocal for contacting the corporate office,A computerized Representative(CSR)trained in,addressing concerned residents lag of all Incidents is maintained to mcludo-the data,time of and bystanders. occurrence,location,problem and a font he taken pursuant thereto or reasoning for non-action,
Complaints 9 Damage Resolution Any activities found by the Agency to he unacceptable will be Should there he any property damage,we adhere to specific rectified Immediately.All other complaints will be abated or procedures to resolve the problem.The Foreman an the job site will resolved within twenty-bur(24)hours of the occurrence,We have notify the resident and the Inspector immediately. teams specifically assigned for handling damage to properties,both private and public,Through our communication system,we have the If the resident is not at home,then we will leave a CA card with ability to dispatch either of the tooms and have the respond Instructions to call our Claims Coordinator in our corporate office, immediately to the sft for proper repair,We pride ourselves an The ultimate goal at each work site is to leave the property In the professional workmanship to avoid these types of incidents. some condition as before we entered it°We will notify the Agency however®should one occur,we take all appropriate measures to Represent'ative immediately upon damage of personal property resolve the matter in a timely and efficient manner, Including plans for currective measures to to place within 4B hours.
r ,gin
OATH Or COMNUINEW
KPA 1S CVMMI&gd tV Wift Wth the&Y Of,98//dp#PdgflS ti I dBY018P#fldMN1fltB&a HUMI schMuls that W110Wd.-the atIzaar Wth the most Actlyu andagannt moans toperharm twaresel7fts Ye WIladNsrs tv the srhsdaloostablIshodby the spancy8ndeflsurr ,rBtldB,7tsol our didleati,ofltac#iWlsffrig*vrilnatlffmlym8n,7er MeandfirstRiadthatthers may h.-AlrIuaffinfls h7 the sgwnqy�hudget andthat the YgBflcy m8y 8sk a to reduce solvics larals in an effort to meet the currsflt ecawmic dowmads By holng ffoxiblk W cm holp to wa any hosacisl stra(h pmmi Me coa trac tar stshift andguarwvtw res idW th quallty tree carB ThIs is,YuPcRth of commitment to uphald thopratIgIbus names*oft #auslog A 6of ity of the Clty of,#dl A ardws byarvylelfly gold S tewdird fto care sarvIces Petrick eiey,President �9/272-0
Exhibit 2 296

v.: p
l ;
l i
1 r„
IMPLEMENTATION PLAN Scheduling r
To ensure the quality of work and the level of service expected. The Area Manager is responsible far scheduling work which shall WCA abides by a well-defined quality control plan that conform theAgency's schedule of perfirmance. We recommend incorporates thefollowing: equal distribution of work through.ut the course the fiscal year. • Certified personnel Notifications will be provided to residents prior to the start of • Safety pruning operations in said area, All work will he performed ini a • Pruning specifications and guidelines cooperative manner as to cause the least amount of interference or • Sound equipment inconvenience.
• Public relations
• Proper trafficcn l Public Notification
• State-of-the-art the-art communication systems Upon Agency approval, A will post a door hanger notice prior to commencement of grid pruning(within 24-4 s), After Speciali illockohng tree plantings.door hangers will he provided to residents arrangedin accordancespecillicallions. instructing them on the proper care for their newly planted tree, For more comprehensive outreach we can also submit a press release for special projects or routine maintenance®The Agency Area Managep: Gonzalo Regalado may modify the procedures and materials to which we natify ISA Cortification E-D 52AT residents.

The project Area Manager will be the central paint of contact and will work cooperatively with Agency staff,local residents and Ctermunication Systems business owners,etc, The Area Manger will provide overall field Our use of modern and reliable communication systems affect our supervision and crew management daily jab performance by increasing our efficiency. anagem ent and Field Personnel utilize smart phones as both navigational an Daily Management communication devices in the fields Smart phones have proven to be Daily management will consist of,but not be limited : a convenient method to input data related to tree inventories, Email notification complete with location, crew, equipment daily work records,timeshoets,plhatos,and billing information:
type,and work description eliminating the need to handwrite data and improving customer 'Supervise crew personnel to insure proper pruning service by minimizingresponse time, standards are followed in a safe manner
Traffic control setup and maintenance f work zone Permits and licensing toe " Ensure r area i left a of debris t the end of shiftshiftA will!procure City Business license a necessary and any"no- - Ensure card of work completed each day permits prior commencement of work° Permits floe.. encroachment„traffic control,etc.)requiring fees will be charged Maintain goo public relations at all times
back to the Agency.

Provide immediate notification to Agency Inspector upon damage of personal property including a plain for corrective Right-of-Way measures to take place within 48 hours All work will be performed in the public right-of-way. Employees will not utilize private property for eating,breaks or any other reason or Weekly Management use water or electricity from such property without prior written Weekly management will consist of,but is not limited to; permission of owner.

Weekly inspection of work completed
Meet with the Agency to review work schedule and progress Cooperation and Collateral Work Insure standards,of pruning are perfumed in accordance WCA will give right to operate within the project to the Agency with Agency specifications workers and/other contractors,utility companies,street sweepers, Maintain open communication with the Agency Inspector and and others as needed in a cooperative effort to minimize field crew interference in daily operations.

Exhibit 2 297

WORKFLOW TIMERINE
Grid Pruning Flowchart(30 day Completion)
Work roust received CSR creates a work order I Area Mana�gqe�r�schedules the 1krk order Is given from Customer gives to Area Manager work I irrforma the Agency to the foremen Foremen posts Foremen completes CSR closes work order; public notices C`ow performs work work order I inventory; Billing Dept then submits to office prepares invoice
Removal Flowchart(15 day Completion)
yCustomer marks trees for Wbrk request received as creates work order I Nrk order is given to the ., USA I notifies resident from Customer I contacts 10 48 hours In � Area Manager advance of work
t_�_ us..

Area Manager schedules Foreman completes work CSR closes work order; .� work,informs the Agoncy I Crew performs work order 8 inventory; Ogling Dept. gives work order to FForemen i then submits to office prepares invoice E Fleeting Flowchart(15 day Completion)
Work request received CSR prepares work order CSR 'vas Wor work order to
from.Customer I orders tree(s)from Area risager to schedule kder is given to the orForamen
Nursery Manager work I inform the Agency
Crew performs work Foremen completes work CSR daces work order; Ogling Dept:processes 8 6 hi qs tree care ardor 6 inventory; 81101 Dept. door hanger then turns in prepares invoice prepares invoice Service Request Flowchart(15 day.Completion)
%rk request received CSR creates a work ardor I Area Managger schedules the Work order is given from Customer gives to Area Manager work 8 informs the Agency to the Foreman Foramen posts Foremen completes CSR doses work order; public notices Crew performs work work order I inventory; Billing Dept. then turns in prepares invoice
Emeriiency Flowchart(1 Hour Response/24 Hour Completion) a Supervisor creates ihurk
will
Emergencyregyat Dn-IisiiSuporvisar order create simjIg s Cravr performs neeeasary
received from 6ustamer dispatches fumerger�c Crew -Foreman work ta.ensure safety
,. .,
..............rlti �� „R
Crew sends notification and
photos to Age n and If applicable,cacrew to urn . irk ardor m tes CSR closes work order; Sopervisor#haF work day tort'; �DlnJ 1ept. j is complete camp�ete work then turns ire praparas invoice t Exhibit 2 298

EMERGENCY CONTACTS SAMPLE PLANTING DOOR HANGER it
HELP
I
If
once(1)per week
during cool
months. ,
twice(2)per week
during warm
months.
change or adjust
the stakes,
°r
of weeds and
1' other plants.
8 adjust the water
t 61 basin or mulch
yi rr j�f�llat'
kh�^
�' � � /r ✓i ) t ,.,�'r�i � � r/I �i ��/�fl oYl kyY�� Ir,h Services Provided By:

West Coast Arbor,sts.lot.2WO E Via Burton St..Anaheim.CA 9 5fl0.521.3714
Exhibit 2 299

Project Site Maintenance
Work site will be left free of debris at the and of each workday.We will not discharge smoke,dust,or any other air containments in quantities that violate the regulations of any legally constituted authority,
Protection of Public and Private Property
WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least disturbance.

Public Convenience and Safety
WCA will comply with any and all local sound control and noise level rules,regulations,and ordinances which apply to any work performed in the contracted area. All work will cea�
by 5:00 pm or as directed by the Agencyrr:
*Excluding emergency services.
r
REW
I
RKING
-TrafficTontrol
IN
Traffic control procedures will be set-up in accordance with the Work Area Traffic � ;Evntrol Handbook(WATCH)and State of California Manual of Traffic Controls as well ,mm o'nUiU as:the Agency Traffic end'Safety Operating:Rules.WCA will meb adequate provisions to insure the normal flow of traffic over the publid streets,ond park roads: Every effort will be made to keep`commerdol driveways and passageways open to the publle during business hours. High visibility arrowboard(s)will be used when 1 need. Prior to use,the Agencyvrifl approve traffic safety pp equipment and devices.

Pedestrian and vehicular traffic shall be allowed to pass through the wank Orsas only unitir conditions of'safety;end with as little inconvenience and delay as possible.

UnItass the work area is to#ally barricaded or otherwise kept..safe:at least one ;we will sefye to goordinote safe opereRons on the mound st M times when t x�ok operations are ua,progress
„
�y
Exhibit 2 300

111111i
u
Modern Fleet con1500+ pieces of sisting
equipment.
f 0 Our

EUIJIPMENT
modern fleet undergoes daily inspection prior to use to ensure efficiency and safety. ll equipment is routinely serviced,pointed,and detailed. All equipment used during the duration of this project will meet state and federal safety requirements and have all up-to-date certifications as required.

BiennialCHP
e have successfully been awarded the C P Biennial Inspection Award of Recognition.This inspection has assisted our company in instituting several safety programs.as well as our Preventative Maintenance Program utilized by our In-house flefft department,The inspection reviews our vehicle maintenance and repair records®our procedural methods and policies for vehicle maintenance and operations.This certification ensures that our vehicles operate safely.

GED-TAB Fleet Solutions
A has partnered with Goo-Tah to provide GPS units all EQUIP vehicles and equipment. This investment has given us an our customers the following be fits; Pick
• Provide faster response tunes and more efficient Aerial LiftDevices routin allowing us to service more cu mers r � 315 • Lower operational costs y optimizing our fleet size, i ces
reducing labor,overtime,and insurance,and Dump Trucks 181 rm,n1mizin stlyve lcle repairs l_._
• Decrease fuel use by monitoring fleet fuel economy
and saving an unnecessary fuel expenditures
• Reduce emissions by helping drivers improve their
habits such as speed and Idle time,and reducing total ATVs miles driven which will significantly reduce harmful
greenhouse gas emissions Stump Grinders
• Improve dispatching with landmarks and driving
directions,GPS grits helps us to better dispatch so Rubber Track Leader that we can service more customers.feeer Rout Pruners Recover stolen vehicles reducing liability
costs which can be passed an to customers Ralluff Trucks Saw Mill
Brush Chippers
� r1Back Hues I
yut
170
Cranes 5
PrinsToyota
it
f. P
Ford CMAX
Nearest Ackkess.
„' xioi-»�s Flauereon creek a �,;w
PWIC an
Exhibit 2 301

umrmmmmlmw.mm�m wnwro4wmu�mmiPoiwyMFWmwmmmmw
p'�' �^ .�.. IIII tliW' lip�44C4�Cuu�gi��aamim �yiY' 9'�iwi��;�III �l M.
pry � II
t
l/ % IQn vJ I I i
f
D`
It , INVENTORY SOFTWARE- AROURACCESS
r tree management program sets us apart from other companies, With nearly 2,000 active users,ArbarAccass and our mobile s p will help you easily manage your urban forest with ease and convenience. r,
Tree site attributes include location(utilizingGPS coordinates), species type,and parkway size,features allow you to view and edit work history records and create work orders directly Born the field, all from our secure cloud.

IL
6 The information contained in ArborAccess is live data that can also uats be linked directly to a GIS program,such as AmView,far goo-coding .. purposes and can assist your Agency in meeting GASB34 requirement& ArborAccess provides an unlimited resource of r
information regarding your urban forest.

SOFTWARE TRAINING
1 � Our IT Department is based out of our corporate office liniAnsholm, CA with regional offices located throughout California and Arizona, Each office has the ability to provide software training to our customers. Wa are also available to provide training sessions on ARIBORT site the c st er s di discretion.n. -site training is proven t he effective as it provides a guided hands-on experiencL
e offer periodic tree maintenance and management workshops each year. These he workshops are provided to our customers AROURACCESS FEATURES regionally and educate aver 250 people annually They have proven to be a great round-table and networking opportunity for the different agencies in attendance. Prosentatilons are provided y WCA management staff and complimented wi
guestspeakers in the
industry. Certified on and Tree Workers who attend are eligible to receive continuing education cradits( E 's)hm the International Society f Arboriculture,
The success of any urban-forest program depends an the proper LIST TRACKING ana eme t of information, nlimited telephone a dJ r email The List Tracking Report in ArborAccess is a useful teal in the support is available to answer technical questions and aid staff in the management of incoming work, This report allows both parties use of the software system. Software training and support i to track specific jobs as they are ordered by the Ageni included in the cost associated with the inventory collection, Pruper use of thisa enables e Agency and WCA to track the completion of work that is ordered.

Exhibit 2 302

BILLING SAMPLE
WljX lmmmu,operates a mmmmud'erin tumm,roiciuutt systern tlhu t is updated on a SPECIES FREGUENCY REPO dailly
rt lmmu�mlltt basis,uumm�mam lmmmm mm l m��uuu mut m � �m4 °�mummut ..... 1W.a lml .... �.IIG, i ... -, q �ibillings uma w
m m �
Iln m mmin't Ic IUmmtmi te,fair the hd1ing perin ,along it a temrtt'm�d ta MaTn.aha grandrflora �SOUTHERN MAGNOUA 4,256� total fair-that Job. Each R fin willinclude listing of completed Irk �V �u�a�� mm�uu l�o��l � � �� j Im imu� m lum mull mm mu 11u mh Ire Im...w _..,..o-.. . A�... �I 1,9271'h m�mmum mtaN to time Ic u mmmm� rw, �"�m� umu mcemmmtmu u�mmtmm address,tm Fe mum:lm morn mm��C rk er and I mremu min Bm�re �� , hmm�mm�miQ�a and i mmmmmerhattht acce slomllo an� ��, Job l mm �u � _..CAMPHOR �� mum'C�mm u�°� m;m tl�� lmmt �f'cIlumm��mlumtktnmm for, acIllm ply can hug vtl an ..� S E m.,40�u I
" RIU� 1113difffAus m m mm III" k:'R 1'129 SAMPLEMANAGEMENT TOOLS ��pa��pgs�i�r �° �a�� a! x �mmma�m°) �� Q1 w
mm TIHEm,
DE 1.w . " SITE � � �q � ... 3316121
�"Ihmmm m�mmaummu �m�tu'uhmmmmmllll
professionals pals &playing specific tree site informatimi slang Mthl ohm P,SpeciesFrequency en repart can ass'u t your,Agency in rpiwesentative ikmh atograp m u f tho spe6 ors type,and t n h tmm the t:rve po pulattm'umm idfl tlhu urban��m'� mmt:. 'h, recommendedIu�ttwmumm�mfield. ��Iummw �ummtllt��tlom qualitytttm m'u tmm��lu°mmmttu'm� Ilmuhm� tm'm ill°m � lumt:mr�m�u '�mmlmt mmm rac s mmmaintri �ncgip ��,mmo tulm~9��I �m�� , . olmt.u�� °umtmmur�� mmttmm mmt�m�m�'� ° � ^� �mwu sta l°on,dmmaduh disease,or even esbirnafing hmutummmp, performed,the work lmm tary m s updated and WCOMPdlnied withIn- tmm't rmance mmm'm tumor In addifion,an mm�yds can he weekly invoices. This process shirranates the.need for,duaHrm mmttumumtt performed to e4lude the h istu of the r-forru'm;mummc of uummd helps kummmit than tralrm inventairy current and amwat ro parficialor m t . s wt m your on tm
MAINTENANCE RECORDS DETAILED REPORTING OPTIONS
Accirrate,maintenaneprecards for iiach Incabon mm' .mmmudirrm an Iln ntury IlD01i Frequency seams ifi mm t with habi'tty claims,, H Gimtmmiuntmu det�mulHnd aLstrtmt -View Ilumw oicaum Ill�i lo� ' tor I utquiecy of the ark ip reform oid t'rm � kmm tt mm Immumuhmmmtmr at es good fifth in -N)Balances 11strtct Frequency preserving rots Immlmr mmmm firrost.It is tuumr ltr tt mm that mirk m•emtiuest areGreen Waste Species lFrmmmtmmm my(ssfnp�a all ms) tmmuHod hrmmmmm the y tmmrmm priorto the wnrk bdng performed, 'Ir"urk Type t fort��tmtmWtmut ;All Tee t an Address otherwise 6mmmt umtmmumt mmmmmuu�mmcy is not mu runtlmmmmhv � umttmmmmutmmm Tmm e Valm Exhibit 2 303

OF
CITY

NATIONAL CITY
I Ni V E N� T 0 R Y
DVE' RiVIEW
.....
0�r SAMSUNIG J
G
SaMgMary
F a
1 �
6M
gjr ,FIB l
/ 40
2, 40
P ;
uF
lip
��..,
qpl
a , %
rr/44
j% dy 10
u , Voll, ov
�£
11 Ml
r+�
i
�r
jbtls. i
e �
k
iw�mmpa?F.eaawr
wam®MWI. mMWO'MN �.

Exhibit 2 304 � /II/I%a;

CRY'
C11Y OF N,ATIGNAL
I V' E
N 1
01 Y IV W
T
I ERVIE

IMPORTANCE OF A TREE

INVENTORY
It is important to accurately iffiffiM
identify the
agency's urban forest.Within an
forest° Knowing �
the quantities,
species type, and health �f ;op
conditionst IRS
d oa� tl nab ck rcr�
assets within the community
provides es the foundation fo
r
which annual work plan ,=1 �x r
based.budgets are `t" r f ram® �,; ,
haying an inventory is cr�il�to
the implementation
of',®l 6�: , >7ifdr 'i M Vly,
�I 1' rt � y
effective tree care progrill, ,d� �'51
�r
a
As of June 15, 2020 data in
ArborAccess determinedthat
t ! of NationalCityC
consisted of 11,436 city-owned
tree sites located throughout
streets, parks, and city-owned Jy :r Ju01
(M ?
facilitiesit including fI
�II f ,gX
itExamples
information collected for each ® 1
tree i is listedm
"r
F
Exhibit 2 305 / ;

H, nA
ESTm V. ALUEN 2111311940
TREES RECOMMENDED E PS I SITES
9302 315 190 lr944
TOP 10 SPECIES
Botanical Common TotalI Pel. ,EWmnW'alum Syagrus romanwf6anum QUEEN PALM 1,106111.8995 $2,021,620.00 49.26% Waahingtonin robuata rMEXICAN FAN PALM 6421 39,72 6.90% $ ,00. w ... _. .w., ,..,...,.. ., Y.,.. .w.,.,,..mm... .......,..� Cupaniopds anacardicklm CAR! 00.D 632 6.79% $1,250,020.00 Afirocarpus graalior FERN PINE 471 5.060/9 $1,203,840.00 Lophostemon oonfertus BRISBANE BOX 390 4.28% $876,740.00 3acamnda mimosdofia JACARANDA 355 3.82% $572,450.00 Mdaleuca cibins LEMON B0TrLESRUSH 294 3 16% $744,740.00 Lagerstroemia indica CRAPE MYRTLE 283; 3,04% $225,920.00I p r 11.8496 Ulmusparvifa5a �CHINESEELM 274� 2.95%] $347,440.00 Pynm ralwyana ORNAMENTAL PEAR 2651 2.05% $282,260.00 �' r

6.90%.

Other W^ DTt1ER 4,5B2 f 49.26% $11,567,190.00 5.06% 6.79% Total Trees M... 1......_._.. _.. .. 9•302 100% $t21,131,�J40A0' 4.2896 i z
Exhibit 2 306

". V'9 494're as
HEIGH
13-18
1s-3a
a-45
19-24
25-30 45-60
7-12 31+
iiilfllulil��IIIIIIIIIIIIII
" IIII IIII IIIIIIIIIIIIIIII u u
uuuuuuu��uuuuuui uuuuuuu�uuuuuuu uuuuuuupuuuuuuu uuuuuuiipuuuuuuu�� uuuuuuuuuuuuuiuuuuui uuu u u uuuuuuuu' 0-6
1-15
ei91*1(feet) Total Pct.
, -15 14,385 47.14%
7-12 3,478 37.39'a 15-30 l 3,142 33.78%
t
13-18 2,189 23.53% 3045 1,514 16.28%
19-24 360 3.87% 45-60 190 2.04%
,25-30 205 2.20% 60+ 71; 0.76%
�......... __..__www __.9 31+ 134 1. _...00% _ � +I�F°� Total Trees , ,302� 1. . . .
,Tot#A Trees 9,302 100%
f
i
3 Exhibit 2 307

ROUTINE TRIM
Routine Trim/Grid Trim (5,561 Trees as of G/15/20)
Regardless of the amount of a community's tree management budget, systemic tree maintenance reduces costs in the long term. As of 8115/20 there are 5,861 trees identified and recommended for routine trimming. Systematic tree maintenance programs reduce the need for "emergency" maintenance, help prevent liability problems (such as dead or weak branches), reduce,tree mortality and improve urban forest health and real value over the long-term.

A systematic tree maintenance program is comprised of pre-designed trimming grids which are inspected and trimmed as needed in their entirety on a set schedule. By trimming trees on the street, regardless of size, every resident in that community feels that they have received a service for their tax dollars. At the some time, the safety and welfare of the community will be.enhanced. r
Patrol . Diseased or Declining (155 Trees as of 6/15/20) These 155 trees are In decline due to environmental conditions, pests, disease problems, or due to natural senescence.At the time of data collection these trees had not reached the point where removal was necessary. In some cases, the condition of these trees may be improved by trimming, watering, or improved by application of plant health care practices. It is recommended that these trees go through a process of disease identification and treatment prescription and be patrolled to determine the timing of treatment and application, or when removal is warranted.

Trim - Poorly Structured (2,335 Trees as of 6/15/20)
These 2,335 trees has been identified to have structural defects that can be improved.through structural pruning. These defects_can include codominant stem trees requiring reduction cuts to reduce competition. This can also include end weight reduction cuts to improve structure.

Young Tree Maintenance (005 Trees as of 6/15/20)
Newly planted trees that have not been established or had stakes removed yet. These trees need monitoring, watering, re-staking, fertilizing and structural pruning. This typically ends when the stakes are no longer needed and they work type should be transitioned to a routine/grid trim. 4 Exhibit 2 308

Removal - Stump Removal - Seedling or Volunteer
b
Trees(190 Sites as of 6/15/20) (103 Trees as of B/15/20) ti this
b b intentionally
Decliningb
seeds,Removal - Diseased up
from surrounding , or from
UB Trees as of G/115/20) bird droppings.
18 trees were identified as diseased or declining
diseaseand are failing due to pest infestations, r natural declined, including� i to
,�,�� 19 1.
senescence.
o" sw, �,11 103 A,3D%�
��l r f 1 ., �,
Removal - dead Tree , 1 �� .
(77 Trees as of 6/1 / ) species �;;;,� r�; i,,t 18' 0.16% 5e 0.16"l0
P Y ��
�vhereDead tthe rees�� cer� r�rn if tl sr ' 7l 0.06%, dead trees should
be sohm r' 'i
� ,
not identifiable theyr ll
� '
4 removal. These can also be considered for 5,061 51.25% preservation to create suitable wildlife habitat
f,. . /..m iF1.,J, 2,335 20,�12°�6�
m, �z�
wheroitior public safety arer 1, 17 00%
concern.
1i fft r� i / t fllr/Ir 1551 1.36
Removal - Poorly Structured
/fJ n v 101 0.09%,
(18 i
Tees as r r b , fi;%f 9i 0.08%
'These 1 trees are trees that havepotentially _ _. hazardous cracks or structural problems ; o.a�� that31 0.03%
present l f , and
potential for tree failure cannot be mitigated
through pruning. Other examples of poorly Total Tree gifts � } 100 , structured trees have included bark located in e.vo... .......w ...�� primary branch attachment which greedy increases
the I for limbfailure in the future.
a 5
Exhibit 2 309

it II L
pVkA w
J t
,P. LA
Tree Planting (1,944 Trees as of 6/15/20)
Based on the criteria provided by the City,WCA, Inc. identified 1,944 vacant sites that are suitable for planting. Identification of vacant sites during the inventory collection allows the City to expand the urban forest and may assist in obtaining additional grant funding. Vacant site listings from the inventory can be generated to create work lists and utilized for budget projections. The planting palette should be referenced when determining the appropriate species to plant based on the "right tree, right place."
CONCLUS,101N,
The inventory data collected suggests the following POcOesd maintenance recommendations which should be vacant sites,and WA verified by City staff and then.used to determine:

Fair

1. Grid trim schedule to prune all trees on a
routine cycle.(Most cities average between 2 to
4 years).

2. Initiate inspection and mitigation for trees
identified to need monitoring for disease or 10�
decline.

3. Removal Plan (evaluate WCA, Inc.
recommendations and determine the City's - Good priorities for phased removals or other
mitigation). .... _...._........ _._...._._,..

4. Planting Plan to fill vacant sites: COndition Total � Pct.

Good 4,235 37.04%
Fair 4,512 39,45%
This Information is considered to be a valuable reference for paw ( 399 3a9% future budget and maintenance projections. Your Area
Manr and WCA, Inc. can help mad v2 1so�,
� P you create these
projections, Stumps,Vacaet Sites,and WA� 2,117 18.51% I11„436' 10096
s
Exhibit 2 310

EXHIBIT "B"

CPI REQUEST LETTER
5 Exhibit 2 311

7 Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com May 20, 2022

CITY OF BELL GARDENS
ATTN:CARLOS MARIN
8327 S. GARFIELD AVE.

BELL GARDENS, CA 90201
RE: Tree Maintenance Services performed by WCA, Inc.

Dear Mr. Marin,
As we approach the end of the current contract year, West Coast Arborists, Inc. would like to take this opportunity to convey our sincere gratitude to you and your staff for another successful year. Together, we have worked diligently to maintain the integrity, health and preservation of the community's urban forest.

The purpose of this letter is to express our interest in continuing with the agreement for an additional year with a slight adjustment in cost. The current rates have remained fixed since the contract originated on October 12, 2020. The proposed rates reflect a not-to-exceed cost adjustment of 3.0% per the Agreement. The adjustment is a result of Consumer Price Index (CPI) changes (currently 7.9%) and increased labor costs as determined by the California Department of Industrial Relations. Upon approval, the new rates will be effective January 1, 2023 in accordance with the Agreement.

Effective Date: January 01, 2023
CPI Adjustment Requested: 3.00% (Max. allowed
Region Area: Los Angeles-Long Beach-Anaheim
We appreciate your consideration in this matter and look forward to continuing our successful business relationship. Should you have any. questions or require additional information, please do not hesitate to email me at v nza z @w ainc m or call me at (800) 521-3714.

Sincerely,
VIV
Victor M. Gonzalez
Vice President, Business Development

Schedule of Compensation for Year 2023
Tree Maintenance Services performed by WCA, Inc.
min= 11�
1 Grid Pruning Each $61.80
2 Annual Palm Pruning Each $61.80 3 Annual Date Palm Pruning Each $128.75 4 Street Tree Pruning Each $61.80 5 Crown Reduction 0-4 DSH Each $61.80 6 Crown Reduction 5-12 DSH Each $97.85 7 Crown Reduction 13+ DSH Each $206.00 8 Tree &Stump Removal 0-6 DSH Each $185.40 9 Tree&Stump Removal 7-12 DSH Each $494.40 10 Tree&Stump Removal 13-18 DSH Each $597.40 11 Tree&Stump Removal 19-24 DSH Each $700.40 12 Tree &Stump Removal 25+ DSH Each $803.40 13 Crew Rental(2 men @ $164.80/hr) Man Hour $82.40 14 Emergency Response(2 men @ $206/hr) Man Hour $103.00 The current rates have remained fixed since the contract originated on October 12, 2020.The proposed rates reflect a not-to- exceed cost adjustment of 3.0%.The current CPI for the LA-Long Beach-Anaheim region for previous 12 months stands at 7.9%.

Upon approval,the new rates will be effective January 1, 2023 in accordance with the Agreement.

PrEtecJ ion?/2012022 10:11:20 AM 313 Page 2 of 2

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 11.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: BANQUET FACILITY USES
DATE: July 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file this report.

BACKGROUND/DISCUSSION:

On July 27, 2022, the Bell Gardens City Council initiated a request for information/clarification to identify where and how banquet facilities are permitted in the City of Bell Gardens. This report is intended to provide that clarification.

The Bell Gardens Municipal Code ("Municipal Code") has an existing regulatory framework with provisions to regulate and permit banquet facilities. Pursuant to Bell Gardens Municipal Code Section 9.04.020 (B) Zoning and Planning Regulations, a banquet facility, also known as a reception hall, means an establishment that holds banquets for special celebration events, "if proper facilities exist." The Municipal Code further directs the locations and standards applicable to all land uses, including banquet facilities.

The City's commercial zones are established to provide areas in which businesses and commercial activities may be conducted where limited residential development is allowed (such as mixed use zones) for compatibility with adjacent development. Pursuant to the Commercial Land Use Matrix Table 9.12A, Section 9.12.030, the banquet facility use is a conditionally permitted use and must be heard by the Planning Commission ("Commission") through a noticed public hearing before the land use may be approved. Banquet facilities require conditional use permits ("CUPs") in the C-3, C-4, and C-M Zones to ensure the general accord with accepted principles and standards for the site's adequacy. A CUP may be approved if determined to be consistent with the General Plan policies and objectives, including compatibility.

Pursuant to the Commercial Land Use Matrix, uses not listed are expressly prohibited. The General Plan and zoning code make no provision for the banquet facility use in all other zone designations.

Zone Change
In cases where a banquet facility use proposes to locate in a zone where the use is expressly prohibited, a person has the right to petition for a change of zone pursuant to Chapter 9.52 of the Zoning Code. However, a zone change must consider several factors, such as similar adjacent zones, compatibility of surrounding uses, and significant impacts on the neighborhood. Submittal of a zone change application does not equate to an approval action but only consideration based on the findings of fact determined. A change of zone application would need to be processed prior to, or concurrently with, a CUP request. The Commission would make a recommendation for final action by the City Council based on evidence that, among other things, conditions warrant the change (i.e., adequate water supply, police and fire protection, adequate parking and circulation, sufficient noise mitigation and compatibility of 314

adjacent uses, etc.) and implementation of the proposed uses and new zone would not be detrimental to the property of other persons located in the vicinity of such uses.

The Planning Commission and City Council may review and approve zone change requests if it is determined such an action will not jeopardize, adversely affect, endanger, or otherwise constitute a nuisance to the public health, safety, or general welfare of the city's residents, industry, and other stakeholders.

Certain land areas within the city are established for industrial-type, specialized uses and public service facilities and may be obnoxious or materially detrimental to the public welfare. Certain commercial activities and uses are generally separated from industrial and residential activities and uses to prevent negative impacts.

Code Amendment
The Bell Gardens Municipal Code does not have provisions for a member of the public to submit for a code amendment. However, the public may request that the Planning Commission or City Council initiate a code amendment pursuant to Chapter 9.56, Amendments, of the Zoning Code. A Commissioner or Council member would then have to direct staff to initiate such an amendment. In this case, an amendment to allow banquet facilities within other zones currently not identified (i.e., residential or industrial zones) would have to be requested by a Commissioner or Council member and concurred by the majority of the recommending or approving body during a public meeting. Staff would then commence the code amendment application and present the findings of fact and recommendation at a future noticed public hearing for consideration. A process and review similar to that of a Zone Change would occur with similar factors to be considered as part of staff's recommendation (i.e., adequate water supply, police and fire protection, adequate parking and circulation, sufficient noise mitigation and compatibility of adjacent uses, etc.)
CONCLUSION:

This report is intended to provide information/clarification about banquet facility uses in the City and identify the methods that can be used to allow them where they currently are not permitted. An applicant may request a zone change but no guarantee can be made about the outcome of such an application until it has gone through the review process. A code amendment on the other hand must be initiated by the City's Planning Commission or City Council.

The same can be said with regards to a code amendment request in that no guarantee can be made about the outcome until the proposal has been adequately reviewed.

FISCAL IMPACT:

Not applicable.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 315

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
m

AG E N DA RE P O RT
Item 12.

TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Vanessa Quiroz,Acting City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: July 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

BACKGROUND/DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state- mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

Currently the following Commission vacancies have been posted on the City Hall and Bell Gardens Library bulletin boards and are eligible for appointment by corresponding Council Member:
pum � uuuuuuuuuuuuum i��uuumm° m � 'll�lll IIII III„III�I�I I "IIIII ;im uul uuu uuu a uum uum a iuu kkkkkkkkkk uum uuuul IumVi ulllllu uuu u u uN'hm�u Vuum uuu uuumuuuYil�hm�mu�uulhuu uiiiiii uuuu uiuoi ulllllu uuu.

E d uca liolrn Co irnirnllilssbirn No VacaIrndes ................................................................................................................................................................................................................................................................................................................................................................................

E�II.Irn lrn li lrn 929�D�b lrl No Vaca i n des Recirea liolrn, C ulltuiraI and Youth Cairn irnIlssblrn * IMayor IP ulhdo e Co ulrnc ll IEyla^Imlber IBairceIrna
Sei nbir Gflzelrn Cairn irnIlssbir'n e IMayor IPiro "'fern Chavez IE�2 2u° IPuII'lio
CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office and will begin service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule AB 1234 and AB 1661 training.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:
316

Exhibit 1 - Commissioner Roster
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 317

CITY OF BELL GARDENS

ROSTER OF CITY COMMISSIONS
Updated: 10/13/2021
NAME APPOINTED BY APPOINTMENT DATE
r I ;
Miguel Flores Chavez 3/22/2021
Kristina Paulo Barcena 9/14/2020
Oscar Boado Jr. Cortez 10/12/2020
Jonathan Herrera Flores 9/27/2021
Francis De Leon Sanchez Pulido 1/11/2021
Miguel De La Rosa Chavez 1/11/2021
Andrew Leon Barcena 12/14/2020
Alexander Villalobos Cortez 2/11/2019
Dianne Flores Flores 4/8/2019
Tony Rivera Pulido 1/11/2021
Tiara Solorzano Chavez 1/25/2021
Osael Romero Barcena 1/14/2019
Carmen Vargas Cortez 9/14/2020
Laura Cortez Flores 4/12/2021
VACANT Pulido
VACANT Chavez
Ana Maria Sanchez Flores Barcena 9/27/2021 Tiffany Quintero-Maldonado Cortez 1/25/2021 Jacob Poliquin-Hernandez Flores 9/27/2021
VACANT Pulido
Carlos Jose Barrera Chavez 1/11/2021
David Edward Heredia Barcena 1/14/2019
Raul Velasco Cortez 9/14/2020
VACANT Flores
Jayson Gavilanes Pulido 1/11/2021
Exhibit 1 318

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 13.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: DESIGNATION OF VOTING DELEGATE ALTERNATE(S) - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO -SEPTEM BER 7-9, 2022
DATE: July 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council designate a voting delegate alternate(s) to attend the League of California Cities Annual Business Meeting, scheduled for September 9, 2022 where the League membership will consider and take action on resolutions that establish League policy.

BACKGROUND/DISCUSSION:

The League will hold their annual conference on September 7-9 to be held in Long Beach, California. On June 27, 2022 the City Council approved Council Member Lisseth Flores as the voting delegate, and would bring back the item so an alternate(s) could be selected.

CONCLUSION:

The City Council appointed voting delegate and alternate(s) must be registered in order to vote at the League of California Cities Annual Business Meeting. The League is requesting information regarding the City's voting delegate and alternate(s) be forwarded to the League by September 2, 2022.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 -voting delegate
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 319

LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by August 32,2022
.0
DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo-September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities' event and meetlna policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by cif council action and cannot be accomplished by individual action of the ma or or cit mana er alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Exhibit 1 320

LEAGUE OF

CALIFORNIA
y t
CITIES
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m.- 6:00 p.m.; Thursday, September 8, 7:00 a.m.-4:00 p.m.; and Friday, September 9, 7:30 a.m.-12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
Exhibit 1 321

LEAGUE of

CALIFORNIA
CITIES
Annual Conference Voting Procedures

1. One City . Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating ity Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering withr fi s Committee. The voting delegate, or alternates, may pick up the cit 's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resoluti i i Only those individuals who are voting delegates (or,alternates), and who have picked up their city"s voting card y providing signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the ci `s vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither voting delegate or alternate.

Voting6. t Business Meeting. At the Business Meeting, individuals with voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

LEAGUE€ F
I-IFORNIA CITY
CITIES
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2. 2022. Forms,not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: Email
Mayor or City Clerk___._.._ Date _........................................._ Phone (circle one) (signature)
Please com fete and return by Friday, Se tember 2 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: Oygc Rcalcities worg; Phone: (916) 658-8254
Exhibit 1 323

Bell Gardens City CouncilJuly 11, 2022

Bell Gardens City Council
July 11, 2022