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TO: Honorable Ma or and Members of the Cit CouncilYY
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Len Gorecki, Assistant City Manager/Director of Public Works Bernardo Iniguez, Public Works Manager
SUBJECT: Consideration and possible action to award a contract to West Coast Arborists, Inc. for tree maintenance services without the need for bidding as otherwise required by the Bellflower Municipal Code, and authorize the City Manager to execute Agreement File No. 230.3, in a form approved by the City Attorney, with West Coast Arborists, Inc.
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DATE: November 14, 2022
EXECUTIVE SUMMARY
This action would authorize the City Manager to enter into an agreement with West Coast Arborists, Inc. (WCA) for tree maintenance services utilizing the terms and unit pricing contained in the City of Irwindale's agreement with WCA.
RECOMMENDATION TO CITY COUNCIL
1) Waive the bidding requirements pursuant to City of Bellflower Municipal Code Subsection 3.28.120B;
2) Award a 3-year tree maintenance contract to WCA, utilizing Irwindale's agreement with WCA, in an amount not to exceed the annual adopted tree maintenance budget; 3) Authorize the City Manager to execute Agreement File No. 230.3 with WCA, in a form approved by the City Attorney; or
4) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total compensation per year will be the amount budgeted by the City for tree maintenance services under account nos. 010-42329-3100 (General Fund - Tree Management), 125-42329-3910 (Measure R — Bike Trail Tree Management), and the respective building and grounds maintenance accounts for each park facility, in accordance with the rates contained in the attached price schedule. The proposed budget for FY 22-23 is $325,000 for account no. 010-42329-3100 and $45,000 for account no. 125-42329-3910.
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Staff Report - Awarding Tree Maintenance Contract to WCA r
November 14, 2022
BACKGROUND
Since 1994, WCA has provided the City with satisfactory tree maintenance services. In May 2017, the City entered into Agreement File No. 230.1 (AFN 230.1) with WCA for tree maintenance services utilizing the terms and unit pricing contained in the City of Monterey Park's agreement with WCA. WCA's services include street tree grid pruning, park facility tree pruning, service request tree pruning, tree planting, tree and stump removal, and emergency clearing of trees as requested by the Public Works Department. AFN 230.1 was set to expire on June 30, 2022; however, the City entered into an amendment with WCA to continue services on a month-to-month basis, under the same terms and conditions, until the City enters into a new tree maintenance services agreement.
DISCUSSION
In the last year, several cities in the region have undergone the competitive bidding process for tree maintenance services and awarded contracts to WCA for tree trimming services, including the Cities of Irwindale, Coachella, Azusa, Agoura Hills, and South Pasadena.
The table below illustrates current WCA rates for the most common services for the five cities above, including Bellflower's current rates which have been in effect since 2017:
Irwindale Coachella Azusa Agoura Hills So.Pasadena
Awarded Awarded Awarded Awarded Awarded
WorkType Unit Bellflower 7/14/2021 6/22/2022 6/21/2021 5/4/2021 9/21/2022 Current
Grid Pruning Each $ 52.00 $ 70.00 $ 72.00 S 74.00 $ 89.00 $ 90.00 Clearance Pruning Each $ 52.00 $ 62.00 74.00 $ 72.00 Service Request Prunin Each $ 107.00 $70-$330 $72-$297 $ 174.00 $72-$382 $70-$380 Aesthetic Tree Pruning Each $ 184.00 $70-$330 $ 242.00 $ 244.00 $72-$382 $70-$380 Crown Reduction/Restoration Each $ 244.00 244.00 $72-$382 $70-$380 Date Palm Pruning Each $ 125.00 $ 70.00 $ 197.00 $ 74.00 $ 150.00 $ 225.00 Palm Pruning Each $ 52.00 $ 70.00 $ 72.00 $ 74.00 $ 82.00 $ 90.00 Palm Skinning LF $ 10.00 $ 17.00 $ 19.00 Root Pruning LF $ 10.00 $ 20.00 $ 27.00 20.00 Tree and Stump Removal Dia.lnch $ 28.00 $37-$42 $ 44.00 $ 44.00 $ 40.00 $ 45.00 Tree Only Removal Dia.Inch $ 18.00 $22-$27 $ 34.00 $ 34.00 $ 30.00 $ 30.00 Stump Only Removal Dia.lnch $ 30.00 $ 15.00 $ 14.00 $ 18.00 $ 17.00 $ 15.00 Plant 15 Gal w/ RB Each $ 254.00 $ 225.00 224.00 $ 192.00 $ 224.00 Plant24"Boxw/RB Each $ 394.00 $ 395.00 394.00 $ 392.00 $ 448.00 Plant 36"eox Each $ 994.00 $ 1,075.00 1,100.00 850.00 Tree Watering Day $ 554.00 $ 720.00 752.00 $ 782.00 $ 720.00 Arborist Report' Each $ 144.00 $ 150.00 $ 190.00 $ 174.00 $ 142.00 $ 170.00 Crew Rental CrewHour $ 70.00 $ 95.00 $ 95.00 $ 94.00 $ 92.00 $ 90.00 Emergency Crew Rental CrewHour $ 90.00 $ 120.00 $ 125.00 $ 134.00 $ 132.00 $ 130.00 The current cost for Arborist Reports is based on per individual report. Arborist Reports under the new bids are based on an hourly rate.
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Staff Report — Awarding Tree Maintenance Contract to WCA November 14, 2022
DISCUSSION — Continued
Bellflower Municipal Code Subsection 3.28.120B (BMC) allows the City's Purchasing Officer to utilize an existing agreement entered into 1) by the Federal, State, or County government, or any other municipal or public corporation; 2) with a supplier; and 3) pursuant to a competitive purchasing program that is similar to and reasonably consistent with the City's procurement process; provided, that sufficient funding for that purchase is provided in the current budget.
On November 7, 2022, WCA submitted a tree maintenance services proposal to the City, agreeing to provide the City with the same terms and pricing contained in frwindale's tree maintenance agreement. Public Works staff reviewed Irwindale's bid process and award of contract to WCA, and found it to be similar to and reasonably consistent with the City's procurement process. WCA has proven to be a reliable contractor, with a high level of professionalism and exemplary safety record. Besides performing the normal Citywide maintenance tasks, they have been highly responsive to our needs regarding same day hazards as they occur, or emergencies brought on by wind or rain events.
Therefore, we are recommending that the City Council waive further bidding requirements, in accordance with the BMC, and award a tree maintenance contract to WCA, as it would be impractical and uneconomical to utilize such bidding procedures since WCA's rates are extremely competitive within the market and were previously vetted by another public entity.
ENVIRONMENTAL REVIEW
Taking the recommended action would not result in a potential for resulting in a direct or reasonably indirect physical change in the environment and, accordingly, does not qualify as a "project" under the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations (CCR), Title 14 §§ 15000, et seq.). Even if the award of contract were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use; or alteration in land use limitations (see CCR title 14 §§ 15301, 15305).
ATTACHMENTS
AgreementFile No. 230.3..................................................................................................... 4 City of Irwindale Agreement, dated July 14, 2021 ................................................................ 6 PriceSchedule ................................................................................................................... 39 Beliflower Tree District Locations Map ............................................................................... 45 Bellflower Projected 3-Year Pruning Cycle (Districts 1 through 6)...................................... 46 WCA Proposal, dated November 7, 2022........................................................................... 47 3-
AGREEMENT FILE NO. 230.3
BETWEEN
THE CITY OF BELLFLOWER AND
WEST COAST ARBORISTS, INC.
FOR TREE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this 14th day of November, 2022 by and between the CITY OF BELLFLOWER, a general law city and municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California Corporation CONTRACTOR"). The Parties agree as follows:
1. In June 2021 , CONTRACTOR submitted a bid to the City of Irwindale Irwindale") for tree maintenance services (the "bid"). The bid conforms with all of CITY's competitive bidding requirements as set forth in the Bellflower Municipal Code BMC"). Subsequently, Irwindale and CONTRACTOR entered into an agreement that is attached as Exhibit "A," and incorporated by this reference (the "Master Agreement").
2. A review of the bid demonstrates that it is in the public interest for the City Council to waive further bidding requirements in accordance with BMC
3.28.120(b) as it would be impractical and uneconomical to utilize such bidding procedures since CONTRACTOR's rates are extremely competitive within the market and were previously vetted by another public entity.
3. All references in the Master Agreement to "CITY" are to the City of Bellflower. All references in the Master Agreement to "Contract Officer" are to CITY's City Manager.
All locations and schedule of performance identified in Exhibit "D" of the Master Agreement are changed as set forth in the attached Exhibit "B," which is incorporated by reference (the "Locations and Schedule of Performance").
Section 2.1 (Contract Sum) of the Master Agreement is amended to read:
2.1. Contract Sum. For the services rendered pursuant to this Agreement, CONTRACTOR will be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding CITY's annual adopted tree maintenance budget for CONTRACTOR's services."
Section 2.3 (Additional Services) of the Master Agreement is amended to read:
2.3. Additional Services. CITY has the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the CITY's City Manager to CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of CONTRACTOR. Any increase in compensation of up to 25,000 may be approved by CITY's City Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed."
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City of Bellflower
Agreement File No. 230.3
West Coast Arborists, Inc.
The term of this AGREEMENT will commence on December 1, 2022, and end on June 30, 2025. CITY may, at its sole discretion, extend the term of this AGREEMENT for up to three additional one-year terms. Except as specifically modified by this Section, all other terms and conditions of the Master Agreement remain the same.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER WEST COAST ARBORISTS, INC.
Jeffrey L. Stewart, City Manager Patrick O. Mahoney, President ATTEST:
Taxpayer ID No. 95-3250682
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
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AGREEMENT FILE NO. 230.3 - EXHIBIT A
MASTER AGREEMENT
CITY OF IRWINDAL;
COl''1'RACT/YROFESStONAL SERVIC S A(REEMF.NT FOR CITY-WillF.
TRI:E TRIMMING,vIAt1VTENANCF, ANll ARRORIST INSFECTTON SE1tVICLS IIIS CONTRACT SERVICF,S AGIl FMEN"1'(hereit2"Agreement")is made and entered ieit ihis 14`h
day of July,2021, by and between the C11 Y Or'IIZWINDALL a California municipal coiporation,herein ("f_'iry") and West Coast Arborists, Inc.,22(}0 E. Via Rurton Street, Anahcim, C.192806 (hcrcin "Contractor"}.
NOW, 'I'HF,R I ORR, the parties l ereto agree as follows:
1. SERVICES O COI1'TItACTOR
1.1 Scope o#'Seivices. In compliance with all of the terms and cc nditions ofthis lgreezzlerit, the Contractor shall pert'oz n thc work or scrvices sct forlh in the"Scope of Services" aitached hereto as Lxhibit "A"and incorporated hercin by reference. Contractor warranis that all work and services set professional a.id satisfactory manner.
1.2 C mpliance With I:aw. Alt wock and services rendered hereunder shall be in accc rdance with all ordinances, resolulions, statutes, iules, and regulalions of the City and any l ederal, Statc c>r local goverz uiental gency of compctent jurisdiction.
1.3 Licenses,Ycrmits, Fees and Assessments, Contractor shall obfain at its sole cosl and cxpense such licenscs, per nits, and approvals as may be required by Iaw tor the performance of the services requireci by the Agrecmenl. Contraetor shall have the sole bligation lo pay for ny fccs, tssessmenls and taxes, plus applicablc pen tlties and interest, which may beimposedbylawandarisefromorarenecessary (>r the Contractor's pet•(oruiance ol'the scrvices required by this Agreement, and shall indemnity, dcfend and hold liarmlcss City, its ofticers, cmployecs or agents of City,againsl niy such (ees, assessments,taxes,penalties or intcrest levicd, assessed or imposed ag inst Cily liereunder.
1.4 California 1,abor Law.
If the 5co e of Service ' p s inciudes any public work or ma ntenance wark, as those terms are defincd in California Labor Code section 172U et seq. and CaIifornia Code of Regu]ations, Title 8, Section 16U00 et seq., and if the total eompensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply ith the requirements in California i,zbor Code section 1770 e! seq, a d 1810 et sey., arid all other applicable laws, including the following rcquirements:
a) Yublic Work. 'The Partics acknowledge that some or all of the work to be performed under lx is Agreement is a "public work" as detined in Lahor Codc Section 1720 and CONTRACT AGREEMENT"1"
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that this Agrecment is therefore subject to the rec uirements o,f Division 2, Part 7, C}iapter 1 commei cing with Sectian 172Q) of the Calili rnia Labor Code relating to public vorks contracts and the rules and regulations established by thc llep-ixnent of Indus rial kclaticros ("ll1R") implcmenting such statutes. The work perf.ormed undez this 1.greement is subject to compliance monitoring and enforcement by the 17IR. Contraclar shall post job site notices, as prescribed hy rcgulatioz.
b) Prevailin Wa es. Contractor shall pay prevailing wages to the extent required by Labc r Code Seetion 1771. Pursuant to Labor Code Seetic>n 1773.2, eogies of the prevailing rate of per dien wages are c n file at City IIall and wilt be madc available to any interestea party on request.I3y initiating any work under this 1lgreenlent,Contractor acknowledges reeeipt of a copy af he Depariment. of Industrial Relations (I?IIZ) dctermination of the prevailing rate of per diem wages, and Contractor shall post a copy o'the same at each job site. where work is perforrned under this Agreeinent.
c} Penaltv,for I ailure to_Yay 1're ailui VVa es. Contractor shall comply vilh and be houild by the p•ovisions of'T,abor Code Seclions 1774 and 1775 concerning the payment of prevailing rates o£wagcs ic workers and the penaltics for tailure to pay prevailing wages. The Contractor sha]1,as a penalty to the City, forfeit two hundzed dollars($200)for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as detcrmined by the llIR (r the work r craft in which thc worker is employed for any ublic work done pursuant to tlus lgreen ent by Contraetor or by any subcont•accor.
d) Payrol] Records, Contractor sha[I cotnply with u d be bound by thc provisions of Labor Code Seciion 1776,vvhicl requires Contractor and each subconsultant to:keep accurate payroll records and verify such records in wrilixig tmder penalty of perjury, as spccified in Secti n 1776; ecrtify and make such payroll records avaitable for inspection as provided by Scctic n 177G; and inf'onn thc City of'the locaiion ofthe rccords. c) A prentices. Contractor shall cornply with and be bound by dic prc visions of I.abor Codc Seclions 1777.5, 1777.6, and ]777.7 and California Code o#Regulatians Title 8, Section 20t)et seq, concerni zg the emptoyment of apprenlices on public works projects.Contractor sha11 be responsible for compliance with thesc aforementioned Sections for all apprenticeable occupations. Prior ta cummencing work undcr this Agreement, Contractor shall provide City with a cc>py of'tlie infonnation submitted to any applicable apprenticeship prograzzi. Within sixty (60) days after concludi.ng work pursuant to this Agreemeni, Coutractor and each of its subconsultants shall subrnit to the City a verified staternent of the jounieyman and apprenticc hours perfarn ed imdcr this Agreement.
F,i€;ht-Iiour'Vork Day. Contractor acknowledges that eight (8) hours labc r constitutes a legal day's work. Contcactor shall cc mply with and be bound by I.abor Code Section xto.
g) Penalties for F.,xcess.Hours. Gontractor shall comply with and be bound by the provisions of Labor Code Sectiou 1813 concerning pcnalties for workers who work excess hours. Contractor sha11, as a penalty to the City, forfeit twenly-five dollars {$25) for each worker employed in the perfortnance of this grcement by the Contractor or by any subcontractor;for each calendar day di rinb whieh such worker is required oz permitted to w rk more than eight(8)hours CON7RACT AGREEMENT"2"
iu any onc calenda.r c ay and forty(40}hours in a iy onc calendar week in violati n c f'the provisions of llivision 2,Part 7,Chapter l,Art.icle 3 ofthe Labor Code.Pursuant to I,abur Code section 1815, work per#'ormed by employees of Contractor in excess of eight (8) hours per day, aiid forty (40) hours duriug any one week shall be permitted u on public work upan campensation far all hours worked ui excess oi'8 hours per day at nol less than one and one-lialf(1%z)times the basic rate of PaY•
h) Workers' Com ensatign. Calirornia Labor Code Sectiuns 1860 and 3700 provide that every emplayer will Ue required t sect re the paymen! oI compensation to its employees if it has empIoyees.In accordance with the provisions af Califoriva Labor Code Section 18G1, Contractor certifies as follows:
I am aware of the provisions of Section 3700 of the I,ahor Code which require every eruploycr to be insured against liability tor workcrs' cornpensation or to undertalce self-insurance in accordance lh the provisions ot'ihat cade, and ! wil] eomply with such provisions bef'ore conunencing the rlormance of the work of' tttis conlract."
Consultant's Authorized Initials
i) Contractor's Respo sibility for Subcontractors; l or every subcontractor who will per.form work under this Agrecmcnt, Conlractor shall be respoz sible for such subconfractor's compliance it.h Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall rtiake such compliance a requirement iu any contract with any subcontractor for work undcr tl is Agreement. Contractar shall be requircd to take all actions ueccssary to enforee sueh contracival provisions and ensure subcontraetor's compliance, ineluding without limitation, conducling a z-eview of the cerli[ied payroll records ot'the subcont•actor on a periodic basis or upc n becom ing aware of the f'ailare of the sube ntraclvz•to pay lus or her workers ihe specificd revailing rate of wagcs. Contractor shall diligently take correctivc action to halt or rectify any such #'ailure by any subccmta•actor.
I.S Pamiliarity with Work.
13y exec;uling this Agreement, Contractor warrants that Contractor (i) hati thoroughly investigated and considered the scope of services to he performed, (ii) has care ully considered how lhe services should be performed, and {iii) fially understands the f'aczlities, difficulties and restrictions attendirig per[orznance of the services under this Agreeme lt. If the serviees involve work upon any site, Contractor warrants lhat Contractor has or will uivestzgatc the sile and is or will be fully acyuainted with the conditions therc existing, prior to commencement of services hereunder. Should thc Contractor discover any l tent or unknown c nd'ztions, whieh will rnaterially affect the erformance of the sen ices hereunder, Contractor shall iu iediatcly inf'onn the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from Ehe Contr ct Officer.
1.6 Care of Work.
The Cont•actor shall adopt reasonablc meihods during the life of the A€;reemcnt to furnish eontinuous protection to ihe wock, aud the equipment,materials,papers,documents,plans,studies CONTRACT AGREEMENT"3" 8-
anci/or other compcments thereof to prevent losscs ar c annages,and shall be responsiblc for all such damages, to persazls or properEy, until acceptai ce o.f the work by Gity, e cept suc.h losses or dainages as may be caused by City's own negligezice.
1,7 Purther Responsibitities o.[''arties,
3o#h partzes a ree to use reasonable c ue and diligence to perform their respectivc obligations under this Agreemezit. }3oth parties agree to act in good faith to cxecute all uistrumeni.ti, prepare alI dacuments and take all actions as may be reasonably necessary to cazry out the purposes af this Agrccment, U iless hcreaf er specified, neililer party shall be resgc nsible for the service of the other.
1.8 Special Requirements.
Additional terr is and conditions of this A•eement, if any, which are made a part hcrcol' are set l rth in thc"Special Rec uirements"attached hereto as F.xhibit"3"atia i corporated l erein by this reference. In the event of a con#lict betwec the provisions of F,xhibit "I3" and any other provisions af ihis Agreemcnt, the provisions of}:xl ibit"I3"shall goven.
2. COMPF,NSATION
2.1 Contract Sum. For the services rendcred pursuant to this Agreeme t, Contractc r shall be compensated in accordance with the "Schedule of Compensation" attached hereto .s F,xhibit"C" and incorporated herein by this reference, but not exceeding the maximum base contract amount of Pive Hundred Seventy-six T1 ousand Six-hundred azid Porty-five and 00/100 Dollars ($576,fi45.U0) for the Term (dcfir ed herein later in Section 3.4), based on the aiuival amount of One Hundred Ninety-two Thai s id '1'wa-hcindred and I ifteen and 00/l0U llollars ($192,215.0U), which amounts include all reimbursahle expenscs ("Contract Sum") but does ilot iuicludc the CPI uicrease each July 1 detcrn ined by the March-March 12-monlh calculatian for the i,os Angeles area that will begin on July 1, 2U22. For any I;xtended Terni defined hercin later in Section 3.4), the Contractc r shall be compensated in accordance with the Schcdule of' Compcnsation" attached hereto .s Exhibit "C", bu1: not exceecGng the maximum amount oCTwo I-lundred Fifteen I'housand 00/100 Uollars($21 S,OOO.OU)for each Extendcd'l erm.
2.2 Invoices. Each tnonth Contractar shali furnisl2 to City an original invoice for all work perfonned az.d expenses it ctured duritzg the preceding month in a form approved by Cily's D'u•ector of 'ina.ncc. By submitting an invoice for payment under this Agreexnent, Contractor is certzfying comgliance vith ail provisions of tlzc lgreement. 1'hc invoice sha 1 detail charges for all necessary anci actual expcnses by the foltowing calegories: labor(by sub-category), travel,maCerials, equipment, cupplics, and sub-contractor conirxcts. Sub-contractor charges shall also be detailed by such categories. Cont-actor shall not invoice City for any duplicate services per#ormed by more than one erson.
City shall independently r view each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this A•eenient. Except as to any charges for work perfonned or expenses it curred by Contr ctor which are disputed by City, City will use its besl efforts to cause Contractor to be paid within forty five (45) days of reccipt of Ccmtractor's co Yect and undxsputed invoice; however, Contractor CONTRACT AGREEMENT"4"
9 acknowledbes aud agree5 lhai due to City warrant run procedures, the City cannot guarantee that payment will occur within this timc period. In the event any charges or expenses arc disputed by City, the original invoice shall be retumed by City to Contractc r tor correction and resubmission.
Review and payment by thc City of any invoice provid d by tlie Contractar shall not c nstitute a waiver uf'any rights or remedieti provided hercin or any applicable law.
2.3 Additional Services. City shali have the right at any time during the perfornlflnce of thc services,wiihout invalidating ihis Agreerricnt,to order extra work beyond that specified in the Scope of Serviccs or make chat ges by altering, adding#o or deducting fi•on. said work. No such extra work may be undertal:en utiless a writEeix order is first giv n by the Contract fficer lo the Cont•act r, incc rporating therein any adjustment in (i} the Cont•act Sum for the actual cost of the exh•a work, and/or (ii) the time to perforn this Agreement, which said adjust.ncnts are subject to the written approval of the Contractor, Any increase in compensation of up to ten pe.rcent(10%) of the Contract Sum but not exceed'ulg a total conirac:t am unt of I ive llx usand Dollars($S,Q00)ur in the time to perform of up to ninety(9{))days rrxay be approvcd by the Contract Offcer. Any greater inereaseti, taken either separately or cumulatively, rnust be approved by the City Council. No Cl ilill for an inerease in ihe Contract Surn or tinie for perforrr ance shall be valid unless the procedures estahlished iai this Section are (llowed.
3. YEKFORNtANC SCI llULF,
3.1 ;1'imc of F.ssence. Timc is of the essence in the performatace of this llgreeinent.
i.2 Schcdule of PerL'onnance. Contrae.tor shall co iunence the services pursuaiit to this Agreenient upon receipt of a writteu notice to proceed and shall perform all services within the tin e period(s) established in the "Schedule oi'Performance" attached hereto as Lxlubit "D" and incorporatcd h rein by this refercnce. When requested by the Conlractor, e ctensions to the time period(s) speci(ied in thc Sche.dute o Performance may be approved in writing by tl e Contract Oflicer but not exceeding lhirty (30) days cumulatively.
3.3 Force Maj_eure. 1 he time period(s) speci(ied in the Schedule of Performancc for pertozmanee of the services rendercd pursuant lo Chis Agreement shall be extended because of any delays due lo unforeseeable causes beyoud the control and without the fault c r negli;ence of the Contractor, including, but not resiricted to, aets of CTod or of the public enemy, u iusually severe weather, fires, carthquakes, floods, epidcmics, quarantine restrictions, riots, st ikes, freight eTnbargoes, wars, li igation, and/or acts oi' any overnn cntal agency, including the Cily,if tlie Coutractor shall within ten(lU)days o!'the conunencement Psuch delay notify the Cc ntraet Officer in wriling of the causes of the delay. "I'he Contracl Qificer shall a ccrtain Ihe acts aud thc;ctent of delay, and cxtend lhe time for performing the services for the period of the enforced delay when and if in the judgment of the Contracl Officer such dclay is justified. The Contrac;t Officer's determination shall be final and conclusive upou the parties to t}is A•eement. In no event shall Contractor be entiticd to recover danaages against the City for any delay in the performance of this Agi•eenient,howevcr caused, Conti•actor's sole remedy bein extension of the A-eeznent pursuant to this Section.
CONTRACf AGREEMENT"5" 1 O-
3.4 Term. Unless earlier ternunatcd in accorda lce with Article 7 a1' this Agrcemcnt, this Agreement shall continue in full force and effect until cocnplction of the services but nol exceeding tl rce (3) consecutive years from the dafe hereof(""I'erm"). City reserves the right,in its sole discrctic>n,to extend the"I'crm of this Agreement foc•up to a maximwna of three(3) consecutive one-year periods (each cxtended zte-year term shall be refen•ed to as, "Extcnded 1'erm"). City shall exercise its right to extend the 1'erm of the Agreen ent by roviding Contractor ith r n-itten ziotice of its intcnt t extend the '1'erm ar any Fxtended Term of this Agreement not less tlaan tlurty(30) calendrir days prior to thc ex iralion of the Term or any F,xtended Teim of this Agreement.
4. CDORDINA'1'ION OF WORK
4,I Representativc of Conixactor. Victor Gonrale,Vice'resident of 13usiness Uevelopn en[, is hereby designatrd as being the representative of Contractor authorized tc> dct on its behal.f with respect to the work and scrvices speci[ied herein and malce all decisions in connection therewith. All persoruiel of Contractoz and ny authorized agents silall be under the eaclusive direction of the representative al'Con•actor. Contractor sha(I utilize only cornpetenE personnel to pezforn2 services pursuar t to this Agrecnnent. Contractor shall make every reasc nable el t rt to maintain thc stability and continuity of Contractor's staff aud subcontractors, and shall keep Cit}infortned of any ch nges.
4.2 Ccmtz•act Of_ficer. William Tam, City Managcr or such person as lnay be designatcd by ihe City Managerj is hereby desi iated as bcing the representative tlie City authorized to act in its behalf witl respect to the work and services specified herein and make all decisions in connection thcrewith ("Cont•act Ufficer").
4.3 Yrohibition Aga iiLst SuE contraciin or Assi unent. Contractor shall not contract witl any entity to per.f'onm in whole ar in part the work or screices rec uired e eunder without the cxpress writlen approval of the City. I leither this Agreement nor any interest hcrcin may bc assigned or tra isfei ed, voluntarily or by operation at' law, wiChout the prior written approval o#City. Any such prohibited assi unent or transfer shall be void.
4.4 lndcpcndcnt C'nlractor. Neither the Cily nor any of its employees shall have any co atrol over the manner, rziode or means by which C.ontractor, its agcnts or em i.oyees, perfonn the seivices required herein, except as othen.vise set forth. C:ontractor shall perform all services required hereiix as an inde cndent Contractor consistent aith thal role. Contractor shall not at any time or in aziy man.ner re resent that it or nay of its agent r employecs arc agent 5 ar employees ot City.
S. INSURANCE
S.1 Required lnsurance Policies. Without li iting Cont•aetor's indemnilication of the City and prior to commencemcnt of work, C ntractor shall obtain,provide and maintain, at its sole cost and expense,in a form and content satisfactory to City, during the entire tenn of this Agreement
a) Comprchensive Geueral Liabzlity Insurance. Contractor shall maintait com z ercial general liabiliiy ii surance with coverage at least as bro d as lnsuranee Services Office CONTRACT AGRELMENT"6" 11-
form GG 00 O1, in an amount not less than $5,00,000 per occurreuce, $1U;000,000 generai a;negate, for bodily injury, personal injury, and p•operty damagc, including withc ut limitation, blanket contractual liability. The policy must i clude contractual liability that has not been aniended, Any endorse nent restricting standard 1SO "insured contract" language will not be accepted,
b) Autoluobile Liability Insurance. Contxactor shall maintain automobile insurance at least as broad as Insurance Services O#ice forui CA 00 O1 covering bodily injury and property damage for all activities c f lhe Contractor arising out of or in connection with services to be performeci under iis Agreement, ineluding eoverage Cor any c vned, }ured, non-otivned or rented vehicles, ut an amount not lcss than $5,000,000 wmbined single limit for each accidcnt. c) Professional Liabilitv. (F,rrors and omissions) insura ice. Contractor shall inaintain professional liability insurance that covers the Services to b performed in connection rith this Agrccntent, in lhe minizxzum amaunt of 1,000,0()(} p r claim and in the aggregate. My policy inception date, contii t ity date, or retroactive date must be heft xe the effective date of this a reeme at atid Contractor agrees to maintain conlinuous coverage t1u-ough a periad no less ihan tl ree years after complction c f the services required by this agrecment. d) Workers' Compensatioit Insurance. Contractor shall maintain Workers' Coinpcnsation Insurance (Stalutory Limits) and Lmploycr's Liability Insurance(with limits of at lcast 1,0()0,000).
2 Other Provisions or Req_uirements.
a) Proot of I surance. Contractor shall provide certificales of insurance to City as evide ce of the insurance coverage required in seclion 5.1, and for purposes of Workers' Compensation Insurance Contractor shall suhmit a V4 aiver of Subrogation cndorsemcnt in favor of Cif_y, its of iccrs, agcnts, emplc yees azid volunteers. Should thc Contractor be a s>le proprietor, the Contractor shall cc mplele d suUmit a decla.ratioc of salc proprietors li rm to the City in lieu of proof ot' Workers' Compensation as it not required fi r sc le proprietors. 'I'he insurancc ceriitic tes and endorsements must be approved by City's Risk Manager prior to commencement of performance of services. Current cerlitication of insuranee sha11 be kept on file with City at all tunes during the tetm of thi5 Agreement. City reserves the right to require con plete, certified copies of all required insurance policies, at any time, b) l uration of Coveragc. Contractor shall procure and maintain each of the insurance policies requu•ed iu Section 5.1 for the duration of the A reement, aud any eatension lhereo.(:
c) YrimarylNoncontributin Coverage provided by Contractor shall be primaxy and any insuranec or self-ir surance procured or maiiit.ined by City shalt be excess io the Contractor's insurance and shall nol contribute with it.The liinits of insurance required herein may be satisfied by a combination of'priniary and umbrclla or cxccss insurance. ny umbrella or excess insurai ce shall contain or be endorsed to eontain a provision that such cc ver e shall also apply CONTRACT AG R Ef M ENT'7" 2-
on a pt•in2ary and non-contributory basis for the benefit of City before the City's own insw ance or sel(=insurance shall be called upon to protect it as a named insured. d) City's Ri hts.of Lnforcement. In the event any p licy of insurance requi•ed under this Abreement does not compty with these specilications c r is canceled and not replaced, ity has the right but not the duty to btx in lhe insurn ce it deems necessary and auy premium paid by City will be promptly reimbursec by Contractor or City will with.hold amounts sufficient to Pay remium (ronn Contractor payments. In thc altcrnative, City may cancel ihis Agreement. e} Acce table IiLst rers;AII inst ranec policies shall be issued by an insurance cc i pany currently authorized by the Insurance Commissicmer to transact business of insur.uee or is on thc List of Approved Sur lu.5 I,ine Insuze-s in the State of California, with an assigned policyholders' Rating of A- (or higher} and Pinancial Size Catcgory Class VI (or larger) in accordance with the latest edition of 13est's Kcy Rating Guide, unless otherwise appraved by the City's Ftisk Managcr.
fl Waiver of Suhro atic n. All i isurance coverage maintaiued or procured pursuant to this /lgreernent shal! be endoz sed to waive subrogation against City, its cicctcd ar appointed c>fific;ers, ;ents, fficials, employees and voluntecrs ur sha11 specifically allow C;ontractor or others providing insurancc cvidence in compliance with lhese sPecifications to waive their right of recovery prior to a loss. Contraclnr hereby waives its own ri;ht of recovery against City, and shall rcquire similar written expzess waivers and insurance clauses from each of its subcontractors.
g) F,nforceniezit of Coutract..._.Yroyisioiis (non csto pcl). C ntractc r acknowledges and agrees that any actual or allcgcd failure on the part of the Cify tc infornn Contxactor of non-compliance with any requircmcnt imposes no additional obligations on the City nor does it waive any rights hereunder.
h) ltequirements 1'ot t,imitin Requizeme ts of specific coverage features or Iimits containcd in this Section are not i atended as a limitation on covcrage, limits or other requirements,or a waiver o#'any covera;e noimally providcd by any insurancc. Specific reference to a given coverage feature is for purposcs of clac•ification only as it pertains to a given issue aa-d is not intended by any party or insured to be all ineiusive,or lo the exclusion of other coverage, or a waiver of any typc. If the Coniraclor maintains l igher limits than the minunums shown abovc, thc City requires and shall be entitled to coverage far thc higher limits maintained by the Contractc r. Any availabie insurance proceeds in cxcess of the specifieti minimum limits of insurance and coverage shall be availablc to thc City.
z) Notice of Cancellation. Contractor agrees to c blige ifs insurance ageixt or broker and insurers to provide to City ith a lhirty (30) day notice of cai cellation (eacept for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for cach rcquircd covcraga
j) Additional Insured Statu.5_ Gener l liability and at touiobile policies shall providc or be endorscd lo provide th it C'ily and 'zts officers, officials, employecs, agcnts, and CONTRAC7 AGREEMENT""
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volunteers shall be additional insureds under such policies. '1'his provision shall also apply to any cxces/umbrella liability policies.
k} Prohihition of Undisclosed Covera,e Limitations. None of the coverages required herein will be in compliancc with these requiremenis if they include any limiting endorsemezrt of any kind that has not been first subrnit.ted to City aud approvcd by thc City in writing.
1) Sepa-atian ot'Insureds. A severability of interests provision must appZy for all additional insureds ensuring that Contractor's insuranee shall apply separately to eaclz insured against whom clauu is made or suit is brought, except with espect to the insurer's limits of I liability. The policy(ics) shall not canlain any cross-liability exclusions. m) Yass `I hrough Clause. Co itractor agrees to ensurc that its sub(.ontractors, subcontraetors, and any other ptu ty involved with the scrvices, which a•e lhe subject of this t greemeni, who is brou;ht onto or involvcd in ihese services by Contractor, rovide the same minii um insurance coveragc and cndorsements required of Contractor. Contractor agrees to mo utor and review all such coverage and assumes all responsibility for cnsuring thal such coverage is provided in conl'ormit:y with the requirements of this section. ConLractor agrees that upon request, al] agxeements with Coutractors, subcontractc rs, and others engaged in the services will be si.ibmit:ted to City for rcvicw.
n) City's Ki ht to Revise Specific.tionti.Tl e City reserves the right at any time duri l;the term of the Agrccment to change lhe amounts and types of insurance required by giving the Contractor nincty (90) days advt nce written notice of such changc. If such change results in substantial additivnal cosl lo the Contractor,thc City and Contractor may renegotiate Contractor's compensatic n.
u) Deductibles/ .Self-insured Retentions. Any deductibles and self-insured retenlions naust be declared to and approved by City. At the option of the City, cithcr: thc insurer shall reduce or eliminate such deduc ibles or self-insured retentions with respect to the City, its officers, officials, employee, agents and voltmteers, or thc Go xtractor shall provide a financial guarantee satisf'actory Co the City guarantccing paymcnt of losses and related i vesti ations,claims admi listration and defense expensc.
p) Timely Noticc of Claims. Contractc r shall give City prompt and timely notice of claitns made or suits instituted th t arise out o#or result from Contractor's periormance under this Agrcement,and that inv ive oz n ay involve coverage undcr any of the required liabilit.y policics.
q) Additional insurance. Coutractor shall also procure ancl mainlain,at zts o vn cost and cxpense, any additional kinds of inst rance,which in its own judgment znay he necessary for its proper protection and prosccution of thc work.
5.3 Tndeiniufication.
I'o the full extent permittec} by la, Contractor agrces to indcrnnify, detend and hc ld haruiless thc City,its ofYicers,emp oyees and agents("Indemnified Yarties")against;and will hold CONTItACT AGREEMENT"9"
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and savc thcm and each of them harmless from,any and all act.zons,eithcr.judicial, adrninistrative, arbitrati n or regulatory claims; damages to persons or property, losses, costs, penalties, obligalions, errors, omissions or liabilities whether actual or threatened (herein "c azms or li bzlities") that may be asserted oz cla.imed by any person, firm or entity arising out of or in cotmection with the negligent performancc of the work,operalions or activities provided herein of Contractar, ils ol iicers,employees, agents, suhcontraciors, or invitees, or any individual or entity fc r which Contractor is legally liable{"indeznnitors"),or arising from Contractor's or indemaitors' reckless or willful misc nduci,or rising from Contractor's or indemnitors'negligent pexformance of or failure to perform any term, provision, covenant or condition of diis Agreemcnt, and in connection therewith:
a) Contractor will defend any action or actions iled in connection with any of 5aid cl evalu ite the perfonnanec of such services and shall keep such records for a CONTRACT AGRFEMENT"10" 15-
per od`ree years following completion of the services hercunder. The Contract Officer shall T ful. axid free access lo sucla books and records at all times during i ormal business hotu-s of City,including the right to inspect,copy,audit and make records and transcripts from such records.
6.2 Reports. Contractor shall peric dically pxepare and submit to the Contract Ufficer such reports concerning the perforn ance ot the services required by this Agreement oz as the Contxact Officer shall rcquire.
G.3 Confidentialiiy a id Release of Information.
a} A11 inforrnation gx zzed or work product produced by Contxactor in performa ce of this Agreement shall be considercd confidential, unless such information is in the publie domain or already known to Contractor. Contractor shall not release or disclose any such informalion o• work product to persons or entities other than the City without rior written autl orization from thc ContracE Of iicer.
b) Contractc r shall not, widiout prior writtcn authorir,aiion txoiz the Contract Officer or unless requested by the City Attorncy, vi luntarily provide documents, declarations, lctters of suppori, lesfimony at dcpositions, response to it terrogatories or other infoi-matio concerning the work performed under this Agreement. Response to a sub oena or court order Sh,r ll not be considered "voluntary"pr vic ed Contractor givcs the City notice o['such court order or subpoena.
c) If Coniractor providcs any information or work pzoduct in violation of this Agrccmcnt,then the City shall have thc right to reimbursement uid indeinnity from Contractor li r an damages, costs id fees, including attcm ey's fees, caused by or incarred as a result of Ccmtractor's couduct.
d) Contractor shall promptly notify the City should Contractor be served with any summons, complaint, subpoena, notice of deposition, request for documents, i rterrogatorics, request for admissions or other discovery rcqucst, co u t order or subpoena from any party rcgarding this Agreement and the work performed theretmdez. The City retains thc right, but has no oblig tic n, to represeut Contractor or be present at any depositi n, hearing or simil r prc ceeding. Contractor agrees to coaperate fl lly widi the City aiid to prc vide the City with the opportunity to revicw ar y response to discovery requcsts pro id d hy Contrac#or.
6.4 Ownership ot'Doci meiits. 1111 snidies, stnveys, data, notes, camputcr files, reports, records, drawings, specifications, maps,designs,pliotographs, documents and other matcrials (the "docunients and matcrials") prepared by Contractor in the performance o' ihis Agreement shall be the property of the City dnd shall be delivered to the City upon request of the Conlzact Officer or upon the tennination of this Agreement, and Contrac;tor shall have no elaim for further employmcnt ar additional compeusation as a result of the exercise by the City of its full rights of ownership use: c•et se, or assignmcnt of the documenls and materials hcreunder. 1 lorcovcr, Coniractor with respect to aciy docrirnents and nateri ls that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such docurne its and inaterials are hereby deemed warks made foz lure"for t ie Ciiy.
CONTRACT AGREEMENT"11" 16-
7. d:NF0 2.C''.VIENT O{AG1t;EMEN'I'AND TERMIN.ATiON
7.1 Calitonaia L iw. Th.is Abreemeut shall bc intcrprctcd, construed and govcrneci hc th .s to validity and to performance af the parties in aeeordance with the laws of the Sfate of California. Legal actions coneerning any dispute, ctai n a.r matter axisinb out of or in relation to tlus Agrecmcnt sha11 be instituted in the Superior Gou-t of tl.e Couuty of Los Angcics, Statc of California. ln the evenl ol'lit.igation in a U.S. Uistrict Court,venue shall Iie exclusively in the(;entrai l istrict of California, lli the County of Los Angelcs, State of Catil'ornia.
7.2 Disputes;Dcfault. In the evccrt that Contractor is in de.fault iit der the terms of this Agrccment, the City shall no have uay obligation or duty to continue compensating C ntrac#or For any wor.k er.fonned after the date of dcfault. lnstcad, the City may give nolice to Ce,ntraclor ofi the default and the reasons for the defa lt. "l e notice shall itaclude the tunefrarue in which Contractar may curc the default. This Eime['ra ne is presumptively thirty (3o) days, but may be extended,if circumstances wa-nt. During the period oftime that Contractor is in delault, the City shal) hold all i avaices and shalf, when the default is curcd, proceed wiih payment ozi the invoices. If Gontractor does not cure the default, ihe City may lalce necessaxy steps to termivate this Agreement uudcr this 1lrticie.
7.3 Le al Action. I i addition to any other rights or remedics, cithcr party may take Icgal action, in law or in equity, to c re, cot•rect or remcdy any dcfault, ta recover clamages fc r any default, to compel specific performatice of tl is Agreerneni, tc oblain declaratory or injunctive relief, or to obtain any othcr reniedy consislent wich lhe purposes of this Agreement.
Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to C;ovcrnmcnt Code Seccions 905 et. seq. and 910 et. seq., in oc dcr to pursuc any lega3 action under this Agreement. Fxcept vith respect to rights and remcdics cxpressly declare l tc be exclusive in this A-eement, the rights and remcdies of the parties are cwnulaiive nd the exercise by either p u•ty of one or more of such rights c r remedies shall not preclude the exercise by it, at tl e same or diffcrcnt timcs, of any other rights or remedies for the same defat lt or any othcr dcfault by the othcr party.
7.4 Terniination Prior to LxPiration of"1'erm. '1'his Scction shall govern any t rminaiion of' this Contract except as spccifically provided in the tallc wing Section or termination for cause. I'hc City rescrvcs the right to tern inale this Contxact.at any time, with or without eause, upon thii ty (3Q) days' written notice to Contractor, except that where termination is duc to the fault of the Contractor, the period of notice inay be such shorter time as may he deterrr ined by the Contract Officer. In addition,tf e Contractor resen>es the right to terminate this Contract at ly time, with or wi hout causc, upon sixty (60) clays' wrilien notice to City, except that where terinination is due to the fault of the City, the period of notice may be such shoi ter timc as the Contractor may delermine. TJpon z•eceipt of an,y notice of tennination, Contractor shall immcdiatcly ce.se ail sen ices heret nder except such as may bc spccifically approved by the Contract O1'(icer. Fxcept where the Contractor has initiated termination, the (`ontractor shall be entitled to coznpensation for all services rcndcrcd prior to ihe ei-lective date of' the notice of termination and for any seivices authorized by the Contract Of(icer thereafter in accordance with tlie Schedule of Compcnsation or s ich as may be approvec by the Contract Officer. Tn ihc cvent the Contractor has initiated termination, the Cont actor shall be entitled to couipcnsation only for t e reasonablc value of tha work product actually produced hereunder, but not exceeding the compensation rovided therefore iti tlae Schedule of Compensation ;xhibit "C". In the event oi CONTRACT AGREEMENT"12" 7-
tcrmination wit}ii ut cause pursuant to this Section,the terminating party need not provide the non- terminating party with the opportunity to curc pursuant to Section 7.2,
7.S Termination.for_llefault of Contractor. If'tern ination is due to the failurc ofi the Contractor#o fulfill its obligations under this Agreement, City may, after couipliauce with the provisions of Section 7.2,take over the work and prosecirte the same to complction b}contract Qr othcrwise, and the Cont actor shall be liable to the extent that the total cosi for completion of the services requireci hereui der exceeds the compensation herein stipulated(pzovided tl at tbe City shall use reasonable efforts to mitigate such damages), and City may withhold any paymcnts to the Contractor for thc purpose of 5e-oI'f or p tial payment of the amoun s o ved tl e City a.s previous(y,iated.
MISCELLANEO CI S
8.1 Covenant Against viscrimination. C`.ontractor covenants that, by and for itseli; ils I eiz•s, executors, assigns and all persons claiming under or throu 7 i them,that there shall be no discrunivation against or segregalion e E; any person or roup of persons on account of raee, color, creed, religion, sex, gencier, sexu 1 orientAtion, marital status, national origin, anc;estry, or other protected class in the performance of this Agreement. Contractor Shall take affirmative action to ensure that applicants are employed and that employees are treated duriug employment withot t regard to their racc, color, creed, re1i,ion, sex, gender, sexual orientation, marital status, national origin,ancestry, or other pcolected class
8.2 Non-liabilitv of Citv Of icers and__Cmployees. No officcr or employee o.f the Cit shall be personally liable to the Contractor, or any sttccessor in interesl, in lhe event of any delduli ur breac:h by the City or for any amount, vhich may hecome due to tl e Contractor or to its successor, or for breacl of any obligatic n c f the temis of this Agreement.
8.3 Notice. Any n tice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall bc in writing and either selvec personall} or sent by prepaid, first-class mail, in the case of the C:ity, to the Cily Mt nager and to the attention of the Contract Oflicer (with her/his name and City tille), City #Irwindale, 5050 N. Irwindale Ave., Irwindale CA 91706 and 'ui the case of thc Contractor, to the person(s) at the address c esignated on tlie execution page of this Agreement. ither party may change i ts addi-ess by notifying the otlier party of thc changc of address i n r riting.
Notice shali be deemed comtnuziicated at the time personally delivered or in seventy-two {72) hours from ihe tin e of mailing if mailcd as providcd in this Section.
8.4 Inte•ation• Ainendmcnt. lt is undcrstood that lhere a-e no ozal a,eements befween the parties hereto affecting this 1 greement and this Agreenient supersedes and canccls Ian:y an:d all previous negotiations, arrangemenls, a,reements and understandings, if any, between the parties, a id none shall he tLsed to interp.ret tl is Agreement. 7'lus Agrccmcnt may be amended at any timc by the mutual consent o the parties by an instrumcnt in writing.
8.5 Severabilitv. In the event that part of this Agreement shall be declared invalid or unenforceable by a val.id judgment oi•decree of a court of compctcnt juri dicticm, such invalidity o• unenforceability shall not affect any of the remaining portions of fhis Agreement which are herchy declared as severable and shall bc intczprctcd to c;arry oul ll e intent of the parties CONTRACT AGREEMENT"13" 8
hereunder unless the valid provision is so material that its invalidity deprives either party of the hasic benefit of their bargain or rcnders this Agrce ncnt meaningless.
8.G Wai_yer. No dclay or omission in thc cxcrcise of any right or remedy by non-defaulting party• on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by fhe olh.er pazty requiri.ag the party's conseu# or approval shall not be deemed to waive ar reuder unneeessaiy the other p rty's conscnt to or appxoval oi'any subseguent act, A iy waiver b}eithcr party of any default must be in writing and shali not be a waivcr of any other default concerr ing the same or any olher provision of this Agrccmcizt.
8.7 Atto neys' Pees. If eitl er party to this A;reement is required to initiatc or defend c.r made a party to ai y action or proceeding in any way counected with this Agreement,the prevailing party in such action or,proceeding, in addition to any ther relief which any he grdnted, whethcr legal or equitable,shall be entitled to reasoi abte attanley's fees,whether r not the matter pmceeds to judgn,ent.
8.8 Interpretation.
I'he tern s of'this A reement shall be construed in accordance with the meaning of the anguage used and sha11 no1:be const-ued for or against either party by rcason of thc authorship of this Agreement or any other rule of construc.tion which might otherwise apply.
8.9 Counterpai ts.
This Agreement may be exec rted in counterparts, each of which shall be deemed to be an original, and such countcrparts shall coristitute one and the same instrument.
8.10 Wa.rranty & ltepresentation of Nan-Cc llusion. Na o('ficial, oflicer, or cmployee of Ciry ha.s any f nancia) interest, direct or indirect, in this A,reeznent, nox shall any afficial, oificer; or employee o['Gity p uriicipate in any decision relating to this Agreement whic may a1'Cecl his/her nancial interest or the fin cial uitcrest of any corporation, partncrship, or associatioii in which (s)he is directly or indirectly interested, or in violation af any co poration, partnersliip,or association in which (s)he is Iirectly c r indirectly interested, or in violation of any State or municipa] siatute or regulation. The determination of "fin ncial interest" shall be umsislent with Stal.e Idw and shall not include interests found to be "remote" or "no iinterests" ptttsuant to Goveriune it Code Sections 1091 or 10)1.5. Contractor warrants and represents that it has not paid or given, and will not pay ar give, ta any third party including, hut not limited to, any City official,officer,or employee,any money,consideration;oz olher tllzng o value as a result or consequence of obtaining or being awtu ded any a reement. Cont•actor fui er warra.nts and represents that (s)he/it has not e ba;ed in any act{s), omission(s), or other conduct or coilusion that would result in the pay nent of any moncy, consideration, or othcr thing of value to any third party including, but not luuited to, any City of(icial, officer, or employee, as a result of colvsequence of obtaining or bcing awarded any agreemenl. Contraclor is aware of and undentands that any such act(s),omissiun(s)or c tlier co nciuct 1•esultin in such payment of money, consideration, or other ihing o1'value will render#liis Agreement void and of no force or effect.
C;ontractox's Authori ed Initials
CONTRACT AGREEMENT"14"
9 5.11 Corporate t uthoritv. The persons executing this Agreement on belialf of the p rties hereto warrant that (i) such party is duly organizcd and existin, (ii) they are duly authorized to cxecutc and deliver ihis Agreement on behalf of said rarty, (iii)by so eaecuting this Agreemcnt,sueh pa-Ey is fo mtilly bound to the provisicros of'this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Abreemcnt to which said party is hound. This Agreement shall be binding upon the heirs; executors, administrators, successors and assigns of fhe partics.
Signatures on the follo ing page.J
CONTRACT AGREEMEfdT"15" 20-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§i 189
c
A notary public or other officer completing this certificate verifies ony the fdentity of the ind(viduai who signed the document to which this certificate fs attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
on 8/12/2'f before me,Amelia Menzei, Notary Public
Date Here lnsert Name and 7itle of the Officer
personafly appeared Patrick Mahone a ichard Mahonev
Name(s)ot Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso whose nam) i/ subsc ' ed-ta the within Instrumeqt and acknowledged o me that hefsh th xecuted the safne in ltheir aumorized capacity ies d that by k fs 7their`sjgnature s mn theinstrument the perso , or the n behaff of which the perso s cted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph ls true and correct. 1
AMEUAMENZEL WITNESS my,and §nd off ial s tl.
Nu[ary Public•Call(ornta
Orano,e Counry
I ,
ji
l
Commissiun 0 2281367 I/':
My Con cn,Expires Apr 5,2023
Signature %
Signatc/re of lVatary Public
Place Notary Seal Above
OPT/ONAL
Though ihis section rs optional, completing this rnformation can deter alferation of fhe document or lrauduJent reaifachment of this form to an unintended document.
Description of Attached Document
TiHe or Type of Document:
Document Date: Number of Pages:
5igner(s) ther Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Patrick Mahoney Slgner's Name: Richard Mahoney 6d Corporate Offlcer — Title(s): President QJ Corporate Officer— Title(s}: Secr(r Partner — fl Limited U General Partner — Limited (l General Individual Attomey in Fact Indfvfdual Attorney in Fact
Trustee D Guardian or Conservator Trustee L Guardfan or Conservator 1 Other: O Other:
Signer Is Representing: WCA, Inc. Signer !s Representing: WCA, Inc. us u s:resrc,.^s:c.-w w=c, e c c.^s c;saes:.s:a s:c.^u sxau,.e.s=c^e, www.NationaltJotary.org• 1-800-US NOTARY(1-800-S1fr6827 Item#5907 21-
IN WITNESS WHFRF.nF, the parties have executed aud entcrcd into this Agreeinent as of thc datc frst written above.
CITY:f' -J
CI1'Y Ol'1R N AL,
a municipal c r ion t
s r f
f '
V illiam K. 'I'a[mb ity tvlanager
A"I"I' "l:
0 r.Ni. Nieto, MMC
C 'ef Deputy City Clcrk
AYY1tOVEll AS TO FORM:
AL SHIRE&nR .I,P
Adritan R. Guerra, City Attorncy
CON'I'kAC' t:
West Coast o ts,inc.
B y:
Namc: Patrick Mahor ey,
Tille; PresidezlC
By:
amc: Richard M one
Title: Secretary
Address: 2200 L. Via}3urt on Strcct
Anaheim, C 1 92806
Two corporate officer signatures required when Contractor is a corporation, with pne signature required from each of the followfng groups: 1) Chai man of the Board, President or any Vice Presfdent; and 2)Secretary, any Assistant Secretary, Chief Financial Off(cer or any Asslstant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED,ANb APPROPRIATE ATTESTATIONS SHAI.L BE INCLUDED AS MAY BE REQUIRED BYTHE BYLAWS, ARTICLES dF INCORPORATION, OR OTHER RULES OR REGULA710NS APPLICABLE TO CONTRACTOR'S BUSlNESS ENTITY.
CONTRACT AGREEMENT"16"
22 CAI,FORNIA ALL-YU12YC)SE ACKNOWi.FnCMF,NT
A notary public or other officer completing this certificate verifies only the identity of the individual vho signed the STATE OF CALIFORNiA
COUNTY OF L.OS ANGELES
On 2021 before me, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name5{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)an the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California fhat the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signaturc:
OPTIONAi.
Though the data below is not required by law, it may prove valuable to persons relying on the ' document and could prevent fraudulent reattachment of this form CAPACITX C.LALMED BY SIGNER F.SCRIFT[ON OF ATTACII D llOCUVIEN'I' lNDIVIDUAL
CORPORATE OFFICER
TITLF.(S)TITLE OR TYPE OF UOCUMEN'1'
PARTNER{S) LIMITED
GENERAL
ATTORNEY-IN-FACT1
7RUS7EE S NUMI3ER OF PAC7F.S
GUARDIANlCONSERVATOR
OTHER
SIGNER IS REPRESENTING:DATE OI'UOCUML'N'1'
NAME OF PERS N(S) OR
ENTITY(IES})
STGNER(S}O'I'HER"CHAN NAMF.D AR4VB
i
CONTRACT AGREEMENT"17" 23-
CALIFORNYA ALL-PURPOSE ACKl'UWLEll(YMENT
A notary public or other officer completing this certificate verifles only the identity of the individual who signed the STATE OF CAL.IFORNIA
COUNTY OF LOS ANGELES
On 2021 before me, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowiedged to me that he/she/they executed the same in his/her/their autharized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behaff of which the person(s) acted, execufed the insErument.
t certify under PENALTY OF PERJURY under the laws o#the State of California tl at the foregoing paragraph is true and correct.
WITNESS my hand and off:cial seal.
Signature:
I
OPTIONAL
Though the data below is not required by law, it may prove valuable Eo persons relying on the document and could prevent fraudulent reattachment of this form CAYACITY CI,AIMED 13Y SIGNER D SCRIPT[Oh pF ATTACIIEll UUCIJMF.NT
INDIVIDUAL
CORPORATE OFFICER
I'1'LF,(S) TITi.F OR TYF'L Oi'DOCUMF.NT
PARTNER(S) LIMITED
GENERAL
AT70RNEY-IN-FACT
TRUSTEE(S)NUMBL:R OF PAGF.S
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR
nnT r DOCLMGN"I'
ENTITY(IES))
S1C,NF;R{S)OTHIiK'CHAN NAMF,D ABOVE '
i
I. --
CONTRACT AGREEMENT"18" 24-
EXHIBIT"A"
SCUYI; OF SERVICES
The specztic tasks to be performed and completed hy Contractor in perforiniiig the tree tri runing, maintena.nce, and inspectian services are as provided herein bclow (collectively, referred to as Scrvices"). Contracto• shall complete a11 Serviccs undcr this flgreement within tlle Term, as desetibeci in Section 3.4.
Contractor wili be required to perforrri and comptete the Services in a thorough and professional manner, and to providc any and all labor, tools, equipment, materials and suppiies necessary to complcte all Scrvices in a timely naanner that will meet the City's rcquirements, Convactox may bc rcquircd to perCorm the following Services t Iroughout the (;ity upon requesi by the City:
1. Tree prutung
2. Tree removal
3_ Tree planting
4. Crew rental
5. Cmergency response
6. Line clearanee pruning
7. Clearance pruning
8. Grid pn ning program
9. Tree watering
10. Small trcc carc
11. Palm trunk skinning
12. Root pruning
13. Specialty equipmer t rental
14. Arborist scrvices/inspection
15. Poliar a d pesticide tt•eahnents, if neeessary
16. GPS 'I'ree inventory
17. Online maiuteuance access*
Online maintenance is defined as internet access to an urban f.orestty management toal that incIudes work order tracking;ability lo send woxk requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, valuc of the urban li resl, job balancc and t3PS accessibilitv.
A. Annual Praning Pro ram
Routine lree p uning pex pre-designed areas, grids or prune routes on a set cycle#o include all trccs. Yruning will include structural pruning, crown raising and crown cleaniug in accordanec with the siandards set forth by the International Sociefy ofi Arboriculture Ynuiing Standards (Best Ivlanagement Practices}, the ANSI A300. Cazltractor shall be required to furnish all supervision,labor,equipment and materials nec;essary to accomplish the Scrvices in accordance with this Agreement. '1'he intei t af this Agreement is to have all trccs pruncc a minimuln of oz e time each ycar of the"l erm. .'lfter the completion of an 25-
EXHIQIT A-1
inspection each quarter a c utlined in Exhibil "1", lhe Conlrac;tor is requireci io provide t11e City with a repori ic enlifying Ehe frees tltal are diseased, dead, poorly structured, and require pruning. The Coniractor should iznmediately notifv the City of any trees that pose a high risk and z•equire inunediate removal. Otherwise, the City will review the report and s ibn it a work order approving the remova! and pruning of the identified trees. The City will also suhmit works orders for sen ice request pruuing and planting of new trees tt at are required citywide,
I3. Inspectian of Hazardous Conditions
All City trees sh ll receive routine mauitenance nd periodic inspeetions. Contractor is to uiclude ui its price for services an ISA certified arborist to be on site for a rcgularly scheduled inspections at a uunimum of cight(8)hours per quartcr. "1'ree problems that arc cicarly visibic by the inspection, but not considered harardous, will be reported to the City for direction and/or further evaluation. Als, lhe crew per(rn ing mainlenance shall properly n tify the City oi'any lree-relaled problems that re clearly visible. This may be in wrilten f'ornl it nol cc nsidered haz.ardous oz within 24 hours if deemed hazardous. It is the i rtent to correct problems prior to reaclung crisis levels.
C. Tree Tnventory
Contractor will provide the City access to a record keeping system consistit g of an intcrnct-bascd software program lhat allc ws ihe City lo maintain inf<mnation about its tree population, including the description c F each lree by species, height, diameler, work history, and tree and planting site location. The lree invenlory so(tware program shall be an tntemet-driven tracking prc gr m. The pro n-am Shall have the capability to produce detailed listings of tree and site inforni tion, work lustories, service requests, summary report and picti res of City tree species. Contractor shall provide uiventory report support to the City for the entire term of the contract.
Contractar shall provide the City wi h recoznn eiadalions ior lree maintenance, recommended planiing locations, and recommended xemovals. Atlributes to be collected by field persc nnel may include Address, Sireel, Facilily, Species, niameter, Crown, Height,recommencled mainlenance,overhead utilities and parkway si•r.e and type.
1. (YS Tree inventory
Contractor shall provide the City with Crlubal Potiitioning Syslem (GP) coordinates far all trccs in public spaccs. 'l his includes but is not limited ta all publicly awned irees on strcet rights-of way, parks, City Cacilities and c pen spaces such as medians, greenscapes, etc. The ac dress in(orniali n coniained in inventory may be linked directly to a(iec gi•apliical Inl rmation System(GIS)pr gram,such as ArcView.Using a handheld compuler; lhe invenlory c llectoz• will identit y the trees by their global coordinates I'lc ngilude and laiilude. Ry callecting tlie data using the GPS systerrx, tl e City can cons Iidate lhe tree data with other various GPS coded programs ui the City.
Ai the end of the project, the City will receive a complete lzsting of a1l sites invezitoried as a harci copy (i.e. map) and as part af'a soflware program depending on the cost of such soi ware, which wi11 enabte the Czty to connect the inventory to the City's GIS 26-
EXHIBIT A-2
tiystem.
1 CiPS tree inventory sliall bc crcated with a new database using the City's standardired addressing systcm for all parks and open space areas. Contractor may be required to ereate an LSRI AreView/ArcGIS coanpatible "shape file". "I his ill be dependent ou the cost and compatibilily of the identified software with the C`,ity's cuirent computcr systcm. The new inventory shall be capable of showing the location ox every e cis ting trec sitc and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and harc scape, etc.)The Contractor's tree invento y sl all be conducted by visiting each tree site or vacant planting sitc and plot the pc sition. The data shal( be c mpatible with the latest version of the Cily approved 5of'tware.
Miniinum accuracy shall be as close as possible to one{I) meter.
2. Experience
Contractcn•represents that it has a minimurn fiive{5)years experienee in eollecting trce inventories and developing inventory databases. Contractor turther represcnts that it has developed a complete and comprehensive connputer soft vare program in at leasl ive (5} California cities. 'The pro am to be developed b} Contractor for Cily shall have specialized reports designed specifically for City's necds.'1'he program should be developed bascd on the needs o#the City. The uscr-fri ndly program should alic w the City to gencrate a variety ok reports quiekly.
3. Scope uf Wock{Inventory)
Contract r wilI n anage the cntire inventory project.The project shall include field data colleetion, data enlry, xccess to the cor xputer software,and training of City employees on the use of the system and firture tectinical maintenance. Attributes to be collccted hy field personnei may includc, but are nol limiled ta:
Tree Number
v City llistrict/Grid/LI,Ds/Parks/R-Areas/Residential Street Location by Address Location by GIS
y Species by botanical na.me & common name Tree diameter Tree lieight
y Reconunended Maintcnance Classiticalion F,xisting overhead Utilities Y Parkway Sizc, Yarkway T}e Sidewalk damage
4. Tcchnical Support and Maintenancc
Contractor shall provide routine mainlenauce, rchive, baekup, restorc and disaster recovery procedures as may be requested by the City. Cont actor shall provide complete support rapidly with experienced staff avaiiable to the Ciry dl ring the hours of 8:00 A.M. to 5:00 P.M. Monday throu h Friday. Contractor sha11 be r adily available by telephonc, e-mail c r may respoud to tlie City's location within a timely mrtnner.
TI2 E PRUIVING SPECIFICATiONS
27-
EXHIBITA-3
A. WORK QIJALITY
Ail tree pruning shall connply with good arborcal practice fi r the particular species of trees and shall be consistent vith the pruning standards and best mandgemezit practices as adopted by the Interna.tional Socicty of Arboriculture. The Contractor shall also meet the requirennents of the Amcrican I ational Stanciards,7,133-2017,entitled "Safc Requiremenis for Arboricultural Uperation," puhlished by the American National Standard Institute, Iiic., 1430 Broadway,New York,New York 10018. i
I he City's Public Works Mainteciance Supervisor shail determine if the Contractor has met all pri ning requircmcnts and payment shall izot be made for pruning that is not in ccordance with thc above stanciards. The Contractar shall be decmed in eoniracl defatilt, if thcy consistently i'ai] to coniply with the aforementioned standards.
B. STANDARDS
i'rcc pruning operati shall commcncc no carlier than 7:00 a.m. and shall bc completed each day no later than b:00 p.m. F,xcept ('or worlc to be done on City's major lhoroughfares as indicated an sectio l C. Tra#xic control sI a11 bc in accordance wilh subsection C of this Lxhihit.
A pninuig cut that rcmoves a branch al this point of oribin will bc uscd on all limbs }ess than twa inches(2")and shall be made close to the tnink or parent limb,wi(hout cutting into thc branch bark ridbe or collar, or leaving a stub. For limbs lwo inches (2") in diameter or •e ter and any limb that may cause bark tearing al the crotch, must bc removed with lhree cuts. Make the first cut on the underside f lhe braiacl c xie foot(1') to two feet {2') from the cratch. "1'he undercut tihould be at least one-third (%3) of the diameter, IV1a1ce the second cut ono-inch(I")to ihree inches(3")fi rther from the crotch than lhe first. This will rcmovc thc limb. The (inal cut should be just outside the branch collar(crotch)in a manner to favor the earliest possible covering of the wound by callus owth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and ono-half inches {3%2") or Iarger in diametei• shall be precut to avoid sPlittin of thc v ood or tearing oC lhe bark and lowered by proper ropes t the ground. Any d nagc cai.5ec1 Y y dropping limbs shall be repaired ithin three (3) days at the Contractc r's expense and to the satisfaction of the (`ity's Public Sezvices Director. All debris resulting from tree pn ning operations shall he removed lxom the work site on a daily basis.
Tool Sanitation - On all trees, including palms, known or suspected to be discased, pruning tools and cut surfaces shall be disinfected vith a ten (10} perceiit chlorine bleach solution after each cut and hetween trees where there is danger of tra zsrnitting he disease on tools. l resh solution shall be mixed ciaily.
1. Annual Ruutiae Trec Pruning
Routine tree pruuing per pre-aesigned distxicts, gr•ids or piune routes on a set cycle to includc a!1 trccs. Yriu ing will include stivctural pruniiig, crown raising, and crown cleaning ii accoY-dance with the standards set forth by the International 28-
EXHIBIT A-4
Society of'ArboriculEiue Pruivng Standards (l.icst Managcmcnt Yracticcs) and the ANSi A300 Stwdards. Special projcc s that arc difficult to access,require the need f r•speciflity equipine it(i.e., 95-foot towcr},scrvice request pruning,or pruning lo redt ce and/or pruning to restore would fall under Crew Re ital. a) Contc•actor shall comply wilh Standards of GAL OSIIA and the American National Standard Insiiiute, 7,1 3 Safety Requirements, b) Contractor shall notil'y lhe resident t rty-ei ht(48)hours in advance of pt ning, The notice ill l ave to be approved by the Yublic Scrvices llirector, or such erson as may be designated by the Yublic Services nirector,prior tc sending it to residcnts.
c) Cantractc r shall provide and post "No Parking" signs fo-ty-cight (48) lzc>urs itl adv i ce of ork.
d) Contractor sl ali ende vor lo n aintaitl good public relations at all times. "1'hc work shall he conducted in a ma uier, which will cause thc least possiblc intcrference and annoyance to the public. Work shall be perfornied by competent em loyeeti and supervised by zn experienced supervisor in trcc rtiaintenance aperatio s. Contractor sha11 be responsiblc for advance nt tificaLion lo residents at e ch work location. Coiitractor shall bc respotisible to see that private property aud vehicics at work locations arc nat endangered or damaged during the course of work.
e) Contracfor sl.all exercise precautions as ncccssary whcri working adjacent tc aeriaJ and suUterranean utilities. T the evcnt that acrial utility wires presenE a haz,rd to tl e Contractor's personncl or othcrs near the work site, wcn k is lo immediately ccasc and thc appropriatc utility company notiiied. Work shall then cominence in accordance with ir structicros 1Tom lhe utility company. In the cvent tl at work causes excavalicm, Ehe City is responsible for properly tnarking thc ]ocation and the Conlraclor is responsible for appropriate notificaticm oE'ilnderground Sezvzce Alert.(USA).
fl No hooks, gaffs, spurs or clitnbers wi11 be used for anything other than removals.
g) I inai pruning cuts shall be macie withoul leaving stubs. Cuts sha11 be made in a manner to pi•c mole (asl callous growth.
h) V4 hen pruning lungus infected, diseased or fire blaghted limbs or fronds, all pz-uning tools shall be cleaned af er each cut wit alcohol or bleach. i) 'I'opping shall not be done unless speciiically requesied by tl e City. j) `fhe s ecilic leclu iques errzployed shall be consistent with industry practiee for 29-
EXHIBIT A-5
tlie size and spccies ol'tree being tr nnmed.E111 dead,broken,damaged,diseased or uisect infested limbs shall be removed at the trui k or main hranch. See Standards outlined in Section B above. The remaining limbs and Uranches shall not bc split or broken at the cut. All crossed or rubbing lin hs shall be removcd unlcss removal will result in large gaps in the general c utline of the tree, k) C'ut lateral to preserve the nahiral form of the tree, leaving the head opcn enou;h tor tbe branching system to show a ld pernutting the dcad matcrial to be easily cleaned out and light to show through the head. 1 rcc foliagc shall be reduced by at least fifteen (15%} pezcent but na more than twcnty-five (25%) percent.
i) "['rin to remove dead wood or weak, diseaseci, itLsect-infe tcd, broken, low, or crossing lirubs.l3ranches with an extremely narrow angle of attachrnent should nonnally be removed.
m}Small lunbs, including suckers and w terspouts, shall be cut close tc ihe lrunk or branch from which they arise.
n) IIeading cuts and/or !op iug will not be alluwcd under an circumstances.P Y TTeading, rounding over, or stubbing shall not be an aecepted practice for rcducing the si•r,e or the fi•amework of any tree.
2. Yruning fur Traffic Clearances
1'ree pruning for tra#fic elearanees shall pror ide clearances ot at least fourteen(14') fcct and no greater dian sixtecn fcct(I 6') abave (inish gcade for moving vchicies within tl e lraveled roadway, for pedestrians on sidewalks in accordance with standards set forth by thc lnternational Society of Arboriculturc Pruning Standards (Best Management Yractices) and tlie A1 1SI A300 Standards under Pruning to Raise." Clcarancc trims are per(onned on a grid system or on a street- by-street basis. Clear ices for adjaccnl struclures axxd their connecting utitity lines service drops), sha11 be determined by the City's Contracting officer and conf rm to lhe foilowii g:
a. The minimum clearance under trecs within the street right-ot=way shall bc fourteen (14') teet over the travcicci road, and nine feet {9') over the ct rb line and the sidewalk side of tl e trcc. When pru iing lhe bottom branches,care shall be given lo obtain a balanced appearance vtlen viewed from across the street immediately opposite the trcc.
b. Cut to la eraIs to preserve the natural 1'orm oI'ihe tree.Remove lateral branches at their point f origin, or shortcn the lengih of'a br ch by cutting to a lateral, which is large enaugh to assuinc Icadcrship.
c. When cutt ng back,avoid cutting hack to small suckers. Reinove smaller limbs 30-
EXHIBIT A-6
and twigs ita such a manuer as to lcave the foliage pattern evenly distributed.
3. Yruniz g Ya[m Trees
P lm tree pruning sha13 consisl of the rennoval of loose dead fronds, fruit clusters and other vegetation Irom the tninks of all palms in a matiner selected by the Contractor and approvecl by the City's Public Secvices llirector, or such person as may be designatr;ci by the Puhlic Services Director, and in acc rdance ta the fi llowing:
a. "1'he use ol'climbing spurs or spike shoes for the purpose of climbing palm trees is pF•ohibited, unless specifically approved by ihe Public Services I)irector or such a person as may he designated hy ihe Public Services Uirector. Contractor shalI bc required to use an aerial tower with suffieient hcight to rcach thc crown for ihe purpc se of pruiung palm trees,
b. Yalm skinning (additional service & cost) - llead fronds, and parts hereof, including stubs, ca i be removcd along the eritire length of the trui lc. o each palm, leaving a cican unsheathed appearance slicked fi om the ground to approximately twcnty-four ta thirty-six (24"--36")inches from the base of the green fi•onds at thc top of the tree. The ii•or d siubs (cut close to tcunk) can bc lcft in place within a span o#'at least eighteen(18") inchcs but n greater than t iirty-six (36")inches.
4. Service Itequest Tree Pruning
Trees that nccd scrvice rior to lheir scheduled azuival trim shall be trimmed accordiug to the following tirneline. The City shall suUmit a list of work ordcrs to the Contractor. "I'he servic;e requests on ihat list sha11 bc complctcd within the first two wccks of the Ci y's woz•k order submittal.
1'hc trimming sl all provide a syinmetrical shape and aesthetically pleasin appearance typical o the species. In addition, trees shal] be trimmed to pravide a minimLun clearance of fourteen (14) feet over the roadway and eight (8) feet over valkways. Trees shall also be trimmed to remove any obstruction axound traffic ccmtrol de zces, traffic signs and streetiights. Addilional txinunuig s12all be perloimed to mitigate any extreme et'fect c f lhe clearance trimming and provide an aesthetic appearance.
1'he teclmiques employed shall be consistent with industry practice for the si e and spccies of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed al the trunk or main branch. All cuts shall be made suLFiciently close, '/2 inch to the parent slem so that laealing ean readily start undcr nom al conditions.All lunbs two inches{2")or greater shall be undercut to prevent splitting. The remaining limbs and hranchcs shalt not be 5plit or broken at tlae cut.
All crossed or rubbing limhs shall be reznoved ui less removal v ill reslilt in large gaps in the general outline of the tree. All trees sliall be thinned of smallcr liinbs 31-
EXHIBIT A-7
when neccssar}j to distribute the 1'oliage evenly.
5. Tree Kernovals
Contractor is responsible for calling Underground Service Alert (USA) when directed by City to perfonn tree removal. Crew removes tree and hauls away all debris. Crcw grinds stumps lo a depth of ei;hteen (18") uiches. All holes will be backfilled; as well as all debz•is cleaned up aud hauled away. Special projeets that are difticult to access wikii equipment, or require the need for a crane or an aezial tc wer over seventy-five{75')feet would fall under Crew Rental rates. The City's Public Services Director, or such person as ma} be desi tated by the Public Sezvices Director, shalt make the final detern irzatzo to remove or provide public not.icing for removal at a later date. Removals shall be conducted in accorcfance with the standards c f the arboricultural profession.
A11 wood from removed trees is the pi•operty of the c nt•actor and shall be properly disposed of on the same working day.I'o wood sliall be left Rlong thc public right- of-way.
1'he C.ity is responsible f'or ni rking trees so that thcy arc casily identiliable by Underground Service Alert and the Contractor. "1'he Coniractor shall be required io call ilnderground Alert at least 2 days before shimps arc to be ground out. All tree stumps must he ren oved to at least 1$ inches bclow the lowest soil level adjacent tu El e stump or until deep roots are no li nger enec unterec. The Contraetor shall nind the stump a minimum distancc yf one -d a half(1'/z') feet either side of the outer circumference of the stump,ar until surface roots axe no longer encountcrcd.
Stumps shc uld be cut low enough to the ground where routing ean be done safely, rhis may be accamplished by cutting the stump at the time of grinding, oz•at the time ol'iree removfil except for infrasttuch re cont7icts. Holes created by stump and root,nindii g must be filled thc sanic day. "I he res«Itant chips frorn routing rnay be used to fill thc holc to ri vo (2") inches above nomial ground level. All excess routinb chips dcbris will be removed and loaded 'znto transport vehicle for disposal.
Any dainagcd pavcd surfaces shall be rest.ored to their original condition.
6. Tree Planting
Planting ir cludes the txee, stakes, ties and compiete installation aild watering or ninety (90} calenclar days. Pl uiting lists should be compiled by Yublic Services Uirector, c r such pexson as inay be designated by the Public Services]irector, and submitted monthly or as needed. Contractor will guarantee the qt lity ot'the tree stock anci workmarzslup.
a) Cont actor shall provide all equipment, ]abox and materials necessary fi>r the planting of trees tlu•oughout tlic City in accordance with the specifications herein.
32-
EXHIBlT A-8
b) The City shall bc responsible for marking locations a.nd the Contractor will notify Underground Servic:e Alert(USA)prior to planting. c) Plauting pit shall be dug twice the width and the same depth of the roo# ball. 3eforc placing the t-ee in the lanting pit, Contractor shall examine root hall for injured roois and canopy foz broken branches. llamaged ro ts shauld be cleanly cui of#'at a point just iu front of the break. Brc>ken branches shoiild be cut out oI'the canopy makiug sure that the branch collar is nat ciamageci. d) Tree shall bc placeii in the plantin;pit vitli its original growing le el (the truck flarc) at the same height o# the surrounding fiiush grade. In grass-covered parkways, tl e top af the root ball shall be levcl or slightly highet• than the sun•a inding soil. In a concrete tree wcll, thc root ball shall be 3 inches below thc level of the (iz ished surface of the concrete.
e) F3ackf`cll matcriai sliould be nat ve soil. liuunate all air ockets while backfilling tlae planting pit by walering the soil as its put into the hoie. fl 'I rees that are planted in pa.rk-cvays shall have a 4"-6"high waler retention basin buiit around the tree capablc of holding at least ten (10} ;allons of water. In a concxete trec wcll,suil should bc raked against tl e edge of the conerete to crcate a sloping basin. lmmcdiately afEer plantitag,the tree sha.il be watered thorouehly by filling thc watcr retention basin twice.
g) All trecs shall be staked with lwo tivooded lodge poles and turo ties per pc le.
Minimum size of lodge poles sha.11 be ten(10')feet long, with a one and a half 1%2") inch diameter. Tree ties sh ill be placed at onc third ('/3"} and two-thirds 2/3) of fihe trunk height. Stakes shall not penetratc the root bali and shall be driven into lhe ground approaciinately twcnty-four to thirty (24"-30") inches below gra.cie.
h) Trunk prc lectors such as xbor-Gards or an approved equal shall be placed at the base of the trunk of all ncvv trees immediatety a{ter pl rting. i} In some cases, root barricrs may be required. T11e Puhl'zc Services Director, or such person as may be designated l y l]e Public Seivices Uirector, will n3ake this detcrminalion_ Should a roc t barrier be required,thc Contractor rill install a mechanical barrier that redirects root growth dow iward, .liminating the surface rooting that damages eapcnsive hardscapcs d creates a haiard. The barrier shalt be twelve (12"} inchcs in depth anci at a length determined by the City and placed in a circular fas uon surroundirig the iree's roc.t system. Root bamiers are a.0 actditional scivicc ar d cost.
j) Clean up 11 trash and a.ny soil or dirt spilled on any paved surface at the end of each workin day.
33-
EXHIBIT A-9
k) Ail trees shall he of gaod ziursery stock that adhcres to the American Standard for Nursery Stock.s described in tf tc ANSI "l.6(}.1-1996 Stanciards. Trees shall he fi•ee fron pests, disease and st ructural defect s.
7. Crew ltental
The si idard crew is tlu ce mcn, one chipper huck, one chipper, one aerial tower and all taecessaty hand tools. '1'he crew and equipment can be n odified to complete zny type of miscellancous tasks ineluding special projects that may consist of extraordinary work such as hanging flags, c}ianging lighl bulbs, or trimming specific trees requirui inunediate attcntion prior to their scheduled trim. 1'i•ees requiring service prior t.o their rcgularly scheduled grid or annual lrirrk to rectify a specific prc blem sucl as blocked strcct lighting or signs,right-oi=way clearancc for utility lines, or broken 1'unbs may be performcd undcr the Crew Rentat rate.
8. mergency Response
Contractor shall be required to pravide emergency on call responsc for damaged trees as a result of stoi-i s c r other reasons.mergency calls may occur a#any given time. '1'he Contractor will be provided vith Iocations a id thc work to be done al each location via telephone fiom a City authorizcd representai.ive.F,mergency work shall begin wilhin two (2) hours uf thc initial tclephone call.
Contractt r shall be required to provide a twenty-four (24) hour emergency phone nwnber oz•the nunes of at lcast fivc(5)contaci individuals upon award of contract.
Should the contact persons or their phone numbers change during the course of thc contract,those changes shall bc suhmitted to lhe City within two(2}working days.
Cantract r shall he required to providc all ncccssary traff ic c>ntrol duz ing the course f ernergency work Should the worlc involvc any high v liage power lines or any utility lines the Contractor shall bc rcquircd to notify the responsible utility company.
Work performed under the emergency px•ovision of tlus contract shall bc paid fi r ou a crew hour basis. This shall include all labor, tools equipmcnt, disposal fees aud necessary materials.
9. Line Clexrance runing
During the coursc of this contract,the Contractor may be rec uu ed to perform utility line clearance in conjunction w7th routine or non-routine pniiung activitics. 1 kic Cozitractor sl all be required ta fuimish i11 supe vision, la.bor, equipment and materials necessary to accomplish the work ii accordance with the cantract. The Cont•actor has the responsibility f'or coinpliance with safety and hcalth stazidards of the California Occupational Safety and Health Act (OSIIA) and all applicablc rules, regulations and orders. The manager overseeing the project should bc a 34-
EXHIBIT A-10
Certified Utility Spccialist and tlie persons completing the work should be Line Clearance Treeworkers. 1 he competency of Conlracto•'s personnel shall be maintained through regular trainin;. All persons performing tree work on City trees in or around rimary electrical lines shall be trained to do so in accordance the Llcctrical Safety Orders" ot'lhe State of California.
10. 'I'ree ''Vatering
The City may require tree-watering scrviccs. Vatering is perit rmed by a oz e-man crew with a water truck who will water various routes including landscape, median and youug trecs that are three(3) years old and y unger.
11. Small Tree f:are
1'hc City requires an active approach to the care of its young and newly planted trees. 'l he Contractor shall be required to perform basic maintenance that will inclucle but nat be limited to tree wcll adjustments and watering,removal of weeds f'ron tree wells, structt ral pruning, and re-stal<ing whez necesszry. 9 2. Arborist Services
On occasion, the City requires tree evalt ations includin written reports.
Contxact r shall provide an hourly rat ic r an Arborisl tl at c aa respond to the City's reyuest(s) for the preparation of dctailed arbarist reports, tree evaluations ancf site inspections. Reportuig can be generated on as little as one tree lo an entire urban forest population and is handled on a case-by-case Uasis.
C. TRAFFIC CONTROL
Contractor shali conform to all City traf'[ic sa ety requirements and operating rules at all times while fhis conlract is in effect. The Contractor shall employee staft'certihed as'1'raffic Control T)esign Specialist and 1'raffic Control'1'echnicians in accordance with the American Tra1#ic Sa.fety Services Association (ATSSA) and in accozdance with tlte Calitornia MUTCU latcst cdition.
Contractor will be responsible for supply ing and using all safety equipinent necessary to close or delineatc traffic lanes to through fraf ic. This is to include a high visibility Azxow I3oard(s) as necessary. The City, prior to use, must approvc all traffic safcty equipment for use. 111uminated arraw boards,sigu stands,dclincators and/or cones shall be used to identify work site tor vehicular and pedcst•ian safcty.
Unless otherwise approved by the City's Public Scrviccs llirector, or such person may be clesi mated by the Public Services llircctor, all work shall be done be.fore and after the h urs of 9:00 fi.m. and 3:00 p.m. respectivcly. All i ork on the city's znajor thoroughi ires tihall be in a.ccordarice with as thc requiren ents as sh wn below:
On A.rrow I Iigtiwa_y: I o work shall he done before the hours of 9:00 a.ni. on thc Iestbound direction and no work shall be done after 3:00 p.m.on the Eastbound direction.
35-
EXHIBITA-11
On Live Oak 1lvemie: Na work shall be done before the hours of 9:00 a.n1. on the Westbound direciion azid no work shall be dane after 3:U0 pan. on the astbound direction.
On lrwindale Avenue: No work shal] be done beforc the hours o1'9:00 a.m. on thc Souihbound direction and no work shall bc done a1`ter 3:00 p.m. on the Northbound direction.
On Poothill Avcnue:No work shall be done bef'ore the hours of 9:00 a.m, on the westbound direct7on and no work shall be done after 3:00 p.m.on the F slbound dircction.
U. PUBLIC NOTICING OF TRF,F, PRLINING OYERATIONS
Contractor shall be reqt ired to noti fy residents and/or busir esses of scheduled tree pi aning operations at least forty-eight (48) hours prior tc the w rk being performed.
Noticcs musl be approved by the Public Serviccs llirector, or such person as may be dcsignated by the Public Scrvices Director, prior to ciisiributiot.
City approved "No Parki ig" signs shall be posted on individual trees scl;eduled for prui in forty-cight (4$) hours prior to the w n k bei b perfarmed.
E. t'I,EAN UP
Contractor slna.11 clean all job sites when work is completed, including thc raking of 4caves, twigs, etc. from thc lawns a.nd parkways and the sweeping of strccts. l::ch day's scheduled work shall be completed and cleane i up and under no czrcumstances shall any bnish, Icaves, debris or equipment be left on the strcct 7rernight.
i3n sh and debris shall be rcmoved daily, sidewalks swc t, ]awns nd parkways raked out and gutters cleaned.
1'he Public Services llircetor, or sudi person as may he desi lated by the Public Services l irector,shall bc the sole judge as to the adequacy o#'the cleanup.
F. DtSPOSAL OF llF,BRiS
All tree debris produccd as a result of the Contraetc r's operations under this contirdct will be reduced,rcuscd,recycled,and/or transfo ned.Tl e City will rcccive in(rmation detailiix the amount of aebris recycled. 'l his inFornzafiion will be used for compliance vvith Assembly Bill 939, Assembly 13i11 341, AssennUl}Iiill 1K26 and Senate Bill 1383.
9. Creenwaste Xecycling Repurt:
Greenwaste that is txanspoi ted to an oi'1=site iacility for grinding inic mulch shall be docume ited and available to the {;ily oT a z:ionthly basis.
2. Wood Chips:
Chips generated from pruniz g operations within the City may first be dtEmped at a 36-
EXHIBITA-12
City designated site.
G. MiI OR MODIl+'ICA'1'IO1V5 AND/OR ADDITIONAL WU1ZK
1. `I`he City znay modify thesc specifications with lhe joint approval of ihe Contractor a1 d the City's Public Services T}irector,az•such person as may bc dcsignatecl by the Yublic Scrviccs Direc(or. All modifications shall bc in writing.
2. ITl tllE CVL'11t tiFl3l thl: ',ity sl oulci require additional Jor[c beyond the requirements of these speciGcafions,the Contractor shall pertorm all work at a competitive price.
3. Additional woxk may be added to the contrac! work as the ieed arises. '1'he I Contractot• shall perform all spccified and appro ed additional work at the unit prices submitted witll tlus bid proposal.
4. The Contractor sl all provide a competitive pricc for additic rial work hal may be added to the contract. Contractor will be required to demonslydte the ability to roperly execute the expanded workload with the nec:essary increase in labor, materials and eqt ipinent nccdcd to complete ihe additional work in a timeiy m iner.
5. "I'he Contraclar n ust Iiave the ability to receive:and respond to emergency situations and mt l respond to emergency call outs wilhin two (2)haurs of receipt of the call. 37-
EXHIBIT A-13
EXHIBIT"B"
Sl EC1AI, RFQUIREIvI NTS
N one.
38-
EXHIBIT B-1
i
F.XIIII3I'I':<C":
SCIILllULI: ()F C'n1viPENSA"I'lUN
Contractor shall perfi rn the requested Services on atime-and-materials ba5is s set torth inthe Scope o f Services in accord ce with the foliuwing unii zate schedulc,l;he Contract Sum of$576,645 for Ihe tl ree-ycar term oI'lhe agreement,hased on the following Schedule of Compensation Rate:
cmr oF iRwiti a E
SCHEDULE F COMPENSATION
ATTACHMENT"A'
Name of Firm: t Coast ArUorists Inc.
A. General Services(per year)
Services Esilmated Units Unii Prico Total Costs
1. Cost per StreeUPark Tree Trlmmfng(G id Pn,nmg) 4Q0 p pp 28,OQ0
2. Cost per Paim Tree TrimrNng(Grid) 660 S 7 pp 46,200
3. Aesthetic or Service Request par Pruning 1,343 94,010 _
4. Cost per Tree Ins{adlon based on Grid Schedule 801 fi Qp 4,005 A. SUB-TOTAL-GENERAL SERVICE3: $ 2 215
172,215
B. Emergency Servicea
Fully equipped 3 pereon crew piled In for emergency service;to includa all manpower, aqulpment,tools,traiflc control,d(sposa)costs,arxi zero materfal marlcupa.
Sarvfcee Unk Untt Prloe
1, Crew Price per hour(M-F,normai busirtess hours) EA Hourfy S 2g5.OD
2. Craw Prke per Hour(weekends a d/ar holldays) EA Houdy p_. _ SUB-TOTAL-EMERGENCYSERVICES: gq5.00
B. Other Costa
Servicas Estimated Units Un1t Price
Aesthetic or Service Request PruNn
0-8"dlameter at breast he' ht d h Per Tree
7-12"dbh Per Tree
12-18' dbh Per Tree 5 180.
19-24" dbh Per Tree 240.00
25-36'dbh PerTree 28
3T dbh 8 over Per Tree 3
2• Tree Removal
Trae and srianp remova(0-24" Per Diameter Inch $ Treo ramovals over 26'dbh Per Diameter Inch $ 42.00
Stum on removal Per Inch S 15.00
3• Tree Raising Per Tree
ATTACH MENT"A-i"
39-
EXHIBITC-1
ClTY OF IRWINDALE
SCHEDUI.E OF COMPEMSATiON
A7TACHMENT`A"CONTINUED
4. Tree Planting(incivaee iabor,tree,and 80-dayTree
Esladishment Pertod
15 gerton tree w/out Root Ball(RB)_ PerTree 195
15 allon tree with RB PerTtee S
24 inch bax Iree wlout RB
T
Per Tree __._ $ 350 p_
2d inch box trae with RB PerTree
36 inch box tree w/o RB Pet 7ree S
36 lnch box tree wifh RB Per Tree p
48 inch box tree wfth RB Per Tree
Speciaity Pian 15 gallon tree w!o RB Per Tree 226.
S ecialty Plen 15 allon tree with R6 ' Per Tree 250.00 _ Specialty Plent 24 box tree wlo RB Per Tree 395.60
S dalty Piant 24 box tree with RB Per Tree
5. Tree Watering,optbnal ^
t worker e hours)(cost ot rvatan equiament l. Per Da 720.OU 6• S ecialty Equlpment Per Hour a 5,ap
Palm Skfnnin lF i p
S• Root Prunfrg LF S 20.U0
g• Root Barrier Installation 12'or 18'Barrier) LF S 20.
Tree Irrvento _Sottware tloRel Mrluall a
GPS Inverrtory Re rt LS
Tree I ventory Updates
AddingnewsltesanNorworkAlstory LS! r
11. A bori9t Servfce &Plani Health Care Per hour a 5 . 0 A copy o/the ffrm's unit pricing scheduJe con be otioched to chrs sheet wlNr addiNona!casts not!)sted obove;however,Attochment"A"fs stlfl requlred to be/flfed out and submitted with the proposal.
I ATTACHMENT"A-2"
An additional $20,000 for as-needed tree planting and dead/structurally dcficicnt tree removals is added lo the general sub-total of$172,215 for a total anm al contract amo ulfi of$I 92,215.
I'he above•ates are valid fi r one ye.r tluough Junc 3U,2022. F,ach subsequent year will be subject to a cost increase based c n the Consumer Yrice Index (CP. The CPI increase will accur ea.ch July 1'`and will be based on March-March calculatians I r the Los Angeles nrea.
I
I 40-
I
EXHIBIT C-2
I — - - - _ __
The Contract Sun is inclusive of'all costs and fees for labor; cquipment and materials of any kind utilized by Contractor to complete thc Sen ces. Contractor sl all not be entitled to any othex compensatioai or rcirnburseme t of expenses beyond the bove rate for performance of Scrvices, cxcepl as specifically describcd in ihe attached schedule of rates. Any additional work authorized hy City iu writing shall be performed Uy Contractor based on the above rate schedulc.
EXHIBIT C-3
41-
EXHI}31 r°n°°
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EXHIBIT D-1
42-
Quarter 1 Quarter 2 Quarter 3 I Quarfer 4
July—September) {October—December) (January—March) f (April—June) Area A Area B Area C f Area C
Ayon Avenue Arrow Ifighway
South of Arrow Highway) ast of Live Oak East End) Alice ROdfiguez Circle DUrbin Street Los Angeles Street
Azusa Canyon Road Ayala Avenue AI ha Street west of Hornbrooknvenue) Arrnw Highway
Calle de Paseo Ayon Avenue wesc of.ive oak East End) l.ower Azusa Road CharterStreet Avendia Padfila Avenida Barbosa Olive Street City Hali Business Center Drlve eateman Avenue Park Avenue Rivergrade Road
Cy ress St Calle Eva Miranda Ruena Vista Street Morth ot Live Oak Avenue) EI Nido Park Camino de fa Cantera Little Park of Irwindale Ramona Boulevard Fraijo Avenue Central venue Live Oak Avenue Schabarum Avenue Fourth(4'h}Street
South of Arraw Highway) Diaz Stree.t Longden Avenue
rwind-ale Avenue
South of A.*row I lighway to
Cypress Street) f=lrst(lnf Street Meridian Street
Fourth{4 h}Street
Invindale Community Park North ofArrow Highway} Mountain Avenue Library G!adstone Street Myrtle Avenue
Los Angeles Street lrwindale J venue{North oF
East of Aldersonj nrrow HiRhwa to Gladstone}Park Rose Avenue Martinez Street Irwindafe Road Peck lioad
Rivergrade Road
Nora Avenue Los Lomas Road North of I.ive Oakqvenue)
Neppertree Lane Martin Road Ruelas Strcet
Police Department Umelas Street Miguel Miranda Avenue
Senior Center SalvaYlerra Street
Skate Park Santos Diaz Street
Tapia Street Second(2")Street
Vincent Street
Soath of Arrow Highway)
Stewart Street
Thlyd(3)Street
Vincent Street(North of Arrow
Hiqhway ta Clty Umits)
4ny new streel note Ir'sted abnve shall be added to the li.st once it is frnalized.
EXNIBIT D-2
43-
Consultant shall per(vx ai all services timety in accardauce with tlie following schedule:
Quarter f: July -Seplember
1.rea A Tree Inspections ` Providc a rcpori io City on Result of Tnspection, including trces idcntifcd as
diseased, dead,poorly struch red and
re uires pruning.
Area A I'ree Removal 8r.As identified based on t•ee inspections Pruiiin and a work ordcr subtnitted by City
Citywide Palm 'll ee Prunin Each August,Contractor vill prune palm trees. City to submit a work order to
Conlractor
City vide Trce Pruning Service Request for any[ree pruning I outside Area A
Quarter 2: October-Uecember
Area B Tree Inspections Provide a rcport lo City an Result of Inspection, including trees identified as
diseased,dead, poorly structured and
requires nining.
Area B I'ree Itemova] &As identifed based on tree ins ections PYl1ll1I1 and a work ordcr submi[tecl by City
1 ..---- Citywide 1'ree Pruning& Scrvice Reyuest for any tree pruning Plantiug outside Area R and trcc planting citywide
Quartcr 3:Januai -March
Area C T'ree Inspections Providc a report to City on Result of lnspection, including trees identifieci as
discascd, dead, poorly structured and
requires pruning.
Area C 1'ree Removal&As idcntified based on tree insj ections Prunu and a work ordcr submitted by City
Citywide Tree Pruning Service Request for any tree pruning Planting outside Area C and tree planting citywide
Quartcr 4: A ril-Jwie
Ar a C Z ree lnspections Pmvide a report to City on Kesult of Inspection, includin trecs identified as
disc:ased,dead,poorly structured ana
re uires T'ltIllil .
Area C t'ree Removal &As idenlified based on t•ee inspections Prunui and a work ordcr submiited by City
Citywide 1'ree Pruning ; Servicc Reyuest for any tree pruning 1 Planting outside Area C and trcc planting citywide :.` I -- i
EXHIBIT D-3
44-
r-
AGREEMENT FILE NO. 230.X - EXHIBIT B
LOCATIONS AND SCHEDULE OF PERFORMANCE
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01997 Thomns Bros. Ma s
City of Beliflower w/ Districts
Agreement File No.230.X-Exhibit B
Locations and Schedule of Performance
City of Bellflower
Projected Annual Budget based on a 3-year Pruning Cycle Chinese Elms,Ficus,C.I.Pine trees,etc.are recommended for a 2-year Pruning Cycle) Other Tree Mointenance includes removals,p/anting,plant health care,etc.J Year#1(FY2022-23)
Maintenance Tree Pruning-3-year cycle(Grid Prune) large Scale Tree Pruning-2-Year Cycle I
Tree Size District 5 District 6 TOTAL UNIT RATE EXT.TOTA Chinese Elms Ficus C.I.Pines Stone Pine Aleppo Pine fern Pine Euc.Sider. TOTAL UNIT RATE EXT.TOTAL 0-6 52 44 96 $ 70.00 $ 6,720 19 11 2 12 44 $ 70.00 $ 3,080 7-12 385 237 622 $ 70.00 $ 43,540 39 21 10 2 52 5 129 $ 120.00 $ 15,480 13-18 160 249 409 $ 70.00 5 28,630 27 13 6 1 89 3 139 $ 190.00 $ 26,410 19-24 121 149 270 S 70.00 5 18,900 76 8 21 8 9 194 316 5 240.00 5 75,840 II25-30 54 48 102 $ 70.00 5 7,140 64 4 21 1 6 34 130 $ 280.00 5 36,400 31+ 6 1 7 $ 70.00 $ 490 16 - 10 4 5 1 36 $ 280.00 $ 10,080 778 728 1,506 105,420 241 57 70 16 20 382 8 794 167,290 O[herTreeMaintenance 100,000
I
Estimated Annual Budget 372,710
Year#2(FY2023-24)
Maintenance Tree Pruning-3-year cycle(Grid Prune)
Tree Size District 1 District 2 TOTAL UNIT RATE EXT.TOTAL 0-6 239 106 345 $ 70.00 $ 24,150
7-12 616 797 1,413 $ 70.00 $ 98,910
13Q8 267 344 611 $ 70.00 $ 42,770
i
19-24 170 268 438 $ 70.00 5 30,660
25-30 33 25 58 $ 70.00 $ 4,060
31+ 15 10 25 $ 70.00 $ 1,750 O[herTree Main[enance 100,000 1,340 1,550 2,890 202,300 Estima[ed Annual8udget 302,300 Year#3(FY202425)
Maintenance Tree Pruning-3-year cycle(Grid Prune) Large Scale Tree Pruning-2-Year Cycle I Tree Size District 3 District 4 TOTAL UNIT RATE EXT.TOTAL Chinese Elms Ficus C.I.Pines Stone Pine Aleppo Pine Fern Pine Euc.Sider. TOTAL UNIT RATE EXT.TOTAL 0-6 ioo ioa zoa $ o.o0 5 Zn,zao i9 ii z iz aa 5 o.o0 5 3,oao iz a3s 3 i,vz $ o.oa 5 sz,oao 3 zi io z sz s iz9 5 izo.00 S is,aso 13-18 245 492 737 $ 70.00 $ 51,590 27 13 6 1 89 3 139 $ 190.00 $ 26,410 19-24 219 238 457 $ 70.00 $ 31,990 76 8 21 8 9 194 316 $ 240.00 $ 75,840 25-30 53 ll4 167 5 70.00 S 11,690 64 4 21 1 6 34 130 5 280.00 5 36,400 31+ 19 15 34 $ 70.00 $ 2,380 16 - 10 4 5 1 36 S 280.00 $ 10,080 i 1,071 1,700 2,771 193,970 241 57 70 16 20 382 8 794 167,290 Other Trer Mnintenance 100,000
Estima[ed Annual Budge[461,260
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com November 7, 2022
City of Bellflower
Department of Public Works
ATTN:8ernardo lniguez
16600 Civic Center Drive
Bellflower, CA 90706
RE: Tree Maintenance Services
Dear Mr. Iniguez,
West Coast Arborists, Inc. (WCA) is excited for the opportunity to continue working with the City of Bellflower to accomplish one goal, and that is to preserve the integrity and health of the Cit s urban forest.
At this time, we would like to propose a new tree maintenance services contract under a piggyback" approach on the City of Irwindale's current contract. The rates found under Irwindale's contract are competitive among the industry, particularly with palm tree pruning, and tree removal.
We can agree to offer the same unit prices, terms and conditions as Irwindale's current contract. Attached to this letter are copies of Irwindale's RFP, Council Agenda Report and Price Schedule.
We look forward to establishing a strong relationship with the City as we provide quality urban tree care service. Should you have any questions or require additional information, please contact me at(800) 521-3714.
Sincerely,
Victor M. Gonzalez
Vice President, Business Development
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