Beverly Hills City Council
June 27, 2023

AGENDA REPORT
Meeting Date: June 27, 2023
Item Number:

To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Colonel J. Burnley, Solid Waste Manager
Melissa Gomez, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND SGD

ENTERPRISES DBA FOUR SEASONS LANDSCAPING FOR ALLEY

TREE TRIMMING AND WEED ABATEMENT MAINTENANCE
SERVICES; AND

APPROVAL OF PURCHASE ORDERS FOR THE FIVE-YEAR TERM
OF THE AGREEMENT NOT TO EXCEED $2,077,900
Attachments: 1. Request for Proposal – RFP 23-350-22

2. Proposals Cost Results

3. Agreement

RECOMMENDATION
Staff recommends City Council approve an agreement with SGD Enterprises dba Four Seasons Landscaping for Alley Tree Trimming and Weed Abatement Maintenance Services in a not-to-exceed amount of $1,181,700 over the three-year term, and if extended for additional two one-year terms, in the not-to-exceed total of $2,077,900. It is recommended that City Council approve purchase orders for the potential five-year term of the agreement for a total not-to-exceed $2,077,900.

INTRODUCTION
An award of an agreement to Four Seasons Landscaping would be a three-year term with the option to extend for two one-year extensions ending in Fiscal Year 2027/28. The City began conducting routine alley tree trimming and weed abatement maintenance services in 2007. The maintenance consists of trimming and removing vegetation from the alleys’ public right-of-way to allow the City’s service and emergency vehicles to travel safely E-23
Meeting Date: June 27, 2023

throughout the City’s alleys and ensure the alleys’ appearance is to the City’s high standards.

DISCUSSION
On October 20, 2022, Public Works released RFP 23-350-22 (Attachment 1) for Alley Tree Trimming and Weed Abatement Maintenance Services. A total of six proposals were received on November 10, 2022. The following is a summary of the six proposals the Department received for RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services (Attachment 2).

The Department reviewed the proposals, and the top four were invited to an interview. On March 21, 2023, interviews were held for Integrity Arborist and Ecoscape, Rapid Response Force, Four Seasons Landscaping, and West Coast Arborists. Integrity Arborist and Ecoscape failed to appear for their scheduled interview. Mariposa Tree Management and Thrifty Tree Management proposal costs exceeded the Department program budget and therefore they were not invited to interview. Integrity Arborist and Ecoscape was not selected because the Department could not verify local area references, in addition to Integrity Arborist and Ecoscape’s failure to appear at the scheduled interview. Rapid Response Force was not selected due to concern with their low staffing levels and material processing facility permit verification. The years of experience, corporate capacity, prevailing wages, material processing, and proposal cost were considered for all proposals. The Department selected Four Seasons Landscaping from the four proposals. Four Seasons Landscaping currently has active contracts with Forest Lawn Memorial Parks, Arcadia Unified School District, and the City of Pasadena.

This agreement will engage Four Seasons Landscaping for three years with the potential for two, one-year extensions (Attachment 3). The services in this agreement address the safe transit of the City’s Public Works, emergency and safety vehicles and provides an aesthetic characteristic throughout the City’s alleys. Four Seasons Landscaping will accomplish the following tasks, including, but not limited to, on a bi-annual basis with a third option under the City’s discretion:
x Mail notice to affected property owners ten days prior to scheduled tree trimming (property owners have the option to opt out of this service prior to trimming, however property owners will still be required to address overgrown trees or hedges impacting the public right-of-way).
x Cut trees, brushes and hedges protruding into public right-of-way back to property line.
x Trim trees so that a 15-foot minimum vertical clearance exists from alley and horizontal clearance to property line.

Firms FY 2023 - 2024 FY 2024 - 2025 FY 2025 - 2026 FY 2026 - 2027 FY 2027 - 2028 Total Integrity Arborist and Ecoscap $237,900.00 $237,900.00 $237,900.00 $237,900.00 $273,900.00 $1,225,500.00 Rapid Response Force $269,555.00 $277,979.00 $286,429.00 $295,672.00 $304,161.00 $1,433,796.00 Four Seasons Landscaping $375,000.00 $393,900.00 $412,800.00 $438,000.00 $458,200.00 $2,077,900.00 West Cost Arborists $549,800.00 $581,100.00 $626,600.00 $676,000.00 $722,800.00 $3,156,300.00 Mariposa Tree Management $749,000.00 $788,970.00 $828,418.50 $869,180.00 $912,639.00 $4,148,207.50 Thrifty Tree Management $2,710,500.00 $2,913,787.50 $3,132,321.57 $3,367,245.69 $3,619,789.12 $15,743,643.88 Meeting Date: June 27, 2023

x Remove all vegetation growing on City property or the public right-of-way in the alleys. This task includes weed abatement and clearing of vegetation. x Clean, remove and dispose of trimming debris from right-of-way. x Divert all vegetation clippings from landfill either by compost or mulch for reuse. x Provide the City with copies of weight receipts for the material processed from the facility that processes vegetation clippings for recycling. x Trim or remove trees, brush or any growing vegetation that impacts the safe operating practice of Public Works crew or Emergency Personnel working in City alleys on an as-needed basis at the City’s direction.

FISCAL IMPACT
The total amount of this agreement is $1,181,700 over the three-year term with the potential for two, one-year extensions totaling $2,077,900 over a five-year term. The purchase order dollar amount for each fiscal year is as follows, in FY 2023/2024, $375,000; in FY 2024/2025, $393,900; in FY 2025/2026, $412,800; in FY 2026/2027, $438,000 and in FY 2027/2028, $458,200. Funds are available and budgeted in Fund 830, the Solid Waste Enterprise Fund and is covered in the Alley Maintenance program 830005205-731800. This request is in conjunction with the Fiscal Year 2023/24 budget’s approval.

Shana Epstein,
Director of Public Works
Approved By
 

REQUEST FOR PROPOSAL
for
Alley Tree Trimming and Weed Abatement
Maintenance Services
RFP-23-350-22
Bid Due Date: November 10, 2022 at 5:00PM
City of Beverly Hills
Public Works Department
RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 2

CITY OF BEVERLY HILLS

REQUEST FOR PROPOSAL
for PROFESSIONAL SERVICES
for

ALLEY TREE TRIMMING AND WEED ABATEMENT MAINTENANCE

SERVICES
I. SUMMARY
The City of Beverly Hills is seeking a qualified firm to be responsible for the routine annual maintenance of trimming trees and weed abatement throughout the City’s alleys. This routine maintenance shall consist of trimming and removing vegetation from the public right-of-way. The purpose of this agreement is not only to ensure the alleys’ appearance is to the City’s high standards, but also to allow for the City’s service vehicles and emergency vehicles to travel with ease throughout the alleys. There are approximately 260 alleys throughout the City.

The qualified firm will need to be able to devote the necessary resources to completing this project with the highest level of service.

II. SCHEDULE
The anticipated schedule for submission of the Request for Proposals (“RFP”) is as follows:

RFP Released October 20, 2022
Deadline for Proposers to Submit Questions November 3, 2022; 3:00p.m.

Proposal Due Date November 10, 2022; 5:00p.m.

Anticipated Start Date April 3, 2023

QUESTIONS
Questions regarding this RFP are to be submitted through Beverly Hills PlanetBids by Thursday, November 3, 2022 at 3:00PM. Submit one question at a time.

RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 3
III. MAINTENANCE PROCEDURES
A. Two times per year with an optional third trimming cycle if need, and an additional one time separate weed abatement cycle pricing (specified as in the months of April, July and October) the firm shall complete the following tasks:

1. Remove all vegetation growing on City property or the public right-ofway in the alleys. This task includes weed abatement and clearing of plant life.

2. All trimming debris need to be clean and remove from the public rightof-way. All clippings need to be diverted from landfills and delivered to a permitted composting facility for processing. A copies of weight receipts need to be provided to the City for validation.

3. Cut all trees, bushes and hedges protruding into public right-of-ways back to property line.

4. Trim all trees and vegetation so that a vertical clearance of 15 foot minimum height exists from the alley and a horizontal clearance to the private property line.

5. Mail or deliver door hanger letters, Attachment 1, to the properties ten (10) days prior to scheduled tree trimming in order to give proper warning to residents who may want to handle the tree trimming themselves.

B. In addition, the firm shall make available its resources as needed to trim or remove trees, bushes, or any growing vegetation that impact the safe operating practice of any public works crews working in the City’s alleys at the direction of the Solid W aste Manager or his designee. (To be listed). As the months are specified. The City reserves the right to adjust the schedule if needed.

IV. SELECTION PROCESS
The criteria to be used in the selection process shall include:

A. Specialized and recent experience in the type of work required by this project B. Record of the Firm in accomplishing similar services in the required time C. Quality of work previously performed
D. Professional qualifications
E. References
RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 4
V. SUBMISSION REQUIREMENTS
The vendor selected for this project will be required to comply with the City's insurance requirements and complete the attached Certificate of Insurance form upon award of contract.

Vendors desiring to be considered for this project shall submit the following:

A. A detailed description of the qualifications of the Vendor(s), including all sub-vendors.

B. A description of previous experience related to this type of service with references.

C. An outline of the specific services to be performed and the means by which the services will be performed.

D. A time schedule for completion of the services outlined (exclusive of City review time frames).

E. A fee proposal based on the following:

1. A unit price per alley to complete the tasks as described under Maintenance Procedures and include a one time separate weed abatement cycle pricing and a total not to exceed amount (see example). The award of this potential agreement will be for three years with an option for two one-year renewals. Please submit annual costs for the following fiscal years 22/23, 23/24 and 24/25. Include the two one-year option renewals 25/26 and 26/27.

2. The unit rates will be used for monthly billing and potentially would be used to calculate fees for additional services, as may be requested/authorized by City.

3. All reimbursable costs shall be included in the unit price.

4. A list of any documentation or materials to be provided by the City that are deemed necessary for the firm to complete the service.

5. A letter of acknowledgment from the insurance carrier stating all the City's insurance provisions will be met. Attached are the City’s standard insurance requirements.

Attachments (8)
RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 5
ATTACHMENT 1
Sample Letter to Property Owners or Occupants
RE: Alley Trimming
Dear Resident/Property Owner:

The City of Beverly Hills will be conducting its annual clearing of vegetation growing into the alleys. This work is done to assure that City service and/or emergency vehicles have adequate access to the alleys of the City. We are requesting that you maintain any hedge/plant material that grows from your property line into the alley to a height of fifteen (15) feet, within the next ten (10) working days from the date this postcard is received. The City’s requirements concerning private property foliage are that the plant material is maintained to the edge of the property line and up to a height of fifteen (15) feet. (BMC 5-7-4 Q, D and E)
If clearance of private property foliage from the alley is not completed within the specified time period, the City’s contractor will proceed to trim any plant material remaining to the City’s specifications. When this crew encounters a property where vegetation is maintained to the property line and to a height of fifteen (15) feet, it will not be necessary for any clearance pruning to be done at that property. The City’s contractor will not trim hedges/plant material/tree above fifteen (15) feet. If you have any questions concerning the alley clearance program, please contact Solid Waste Manager, James Burnley at (310) 285-2475.

RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 6
ATTACHMENT 2

EXPERIENCE FORM AND QUALIFICATIONS QUESTIONNAIRE

1. Company Name for years.

Address:

Telephone Number:

Miles from City:

2. Information for the main contact who should be able to answer questions regarding the proposal and its contents.

Name:

Title:

Phone Number:

Email:

3. Briefly describe in the space provided below your qualifications for providing tree trimming and weed abatement services or any other information you would like to share that exemplifies your qualifications.

RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 7
ATTACHMENT 3

REFERENCES

REFERENCES
FOR
BIDDER/VENDOR:

Provide company or client information on the services provided within the past three years. #1 Company Name
Product(s)/Service(s)
describe
Address
Phone
Contact Person
#2 Company Name
Product(s)/Service(s)
describe
Address
Phone
Contact Person
RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 8
ATTACHMENT 4

EXAMPLE FOR PRICING
Example:
260 Alleys – Tree or Hedge Trimming and Weed Abatement (cycle) 1-Year
260 Alleys x $340 an Alley = $88,400 per cycle (1) April 2023 260 Alleys x $340 an Alley = $88,400 per cycle (2) July 2023 260 Alleys x $340 an Alley = $88,400 per cycle (3)* October 2023 (W eed Abatement only) 260 alleys x $85.00 = $22,100 cycle**
*Optional cycle
**Weed Abatement only cycle

LAUREL WY

SU MM TI DR

SHADOW HILL WY

SHADOW HILL WY

N BEVERLY DR

N BEVERLY DR

N REXFORD DR

C ALLE VISTA DR

N PALM DR

N MAPLE DR

S CLARK DRS SWALL DR

S LA PEER DR

S ALMONT DR

S WETHERLY DR

S DOHENY DR

S OAKHURST DR

OLYMPIC BLVD

WILSHIRE BLVD

OLYMPIC BLVD

S EL CAMINO DR

S RODEO DR

S CAMDEN DR

S PECK DR

S BEDFORD DR

S ROXBURY DR

S SPALDING DR

S PALM DR

S MAPLE DR

S REXFORD DR

S ELM DR

S CRESCENT DR

S CANON DR

S BEVERLY DR

SANTA MONICA BLVD

WHITWORTH DR

FOOTHILL RD

ALPINE DR

S SPALDING DR

CLIFTON WY

CARMELITA AV

N CRESCENT DR

N BEVERLY DR

N REXFORD DR

N CANON DR

S SANTA MONICA BLVD

ELEVADO AV

LOMITAS AV

SUNSET BLVD

WILSHIRE BLVD

LADERA DR

LOMA VISTA DR

WALDEN DR

RIDGEDALE DR
LAGO

VISTA DR

LAGO V SI TA DR

SUTTON WY

CALLE VISTA DR

HILLGREEN PL MEADOW DR

MONTE CIELO CT

SUMMITRIDGE PL

COMMERCIAL CENTER ST

SUNNYVALE WY N SIERRA PL

STONEWOOD DR

DELLA DR

CHRIS PL

WILLIAMS LN

LAGO VISTA PL

MAYTOR PL

VIA RODEO DR

MONTE LEON DR

EL RETIRO WY

BARRIE DR

CHANRUSS PL

COPLEY DR

MONTE LEON LN

WALKER DR

ALEXIS PL

OXFORD WY

MARILYN DR

N HILLCREST RD

BURTON WY

S ROBERTSON BLVD

N OAKHURST DR

N ELM DR

GREGORY WY

N ALTA DR

N OAKHURST DR

N ALPINE DR

N SIERRA DR

CIVIC CENTER DR

N HILLCREST RD

N PALM DR

TOWER RD

N MAPLE DR

GARDEN LN

WHITWORTH DR

CORD CIR

TROPICAL AV

HANOVER DR

CLINTON PL

LAUREL LN

STEV EN W Y

AMBASSADOR AV

LESLIE LN

PICKFAIR WY

PAMELA DR

LADERA DR

RIDGEDALE DR

CABRILLO DR

BURK PL

CARLA LN

PI NE D R

ELDEN WY

YOUNG DR

LA ALTURA RD

VICK PL

N ROBERTSON BLVD

GREEN AC R ES DR

MIRADERO RD

COLE PL

ENDRINO PL

COPLEY PL

MARTI N LN

DABNEY LN

C HE VY CHASE D R

LAGO VI STA DR

DRURY LN

TRO USDALE P L

S SHIRLEY PL

MONTE CIEL O DR

S HAMILTON DR

S ARNAZ DR

N WILLAMAN DR

ROBBINS DR

LOMA LINDA DR

S LE DOUX RD

BRIDLE LN

BEVERWIL DR

USHER PL

S STANLEY DR

MOUNTAIN DR

S WILLAMAN DR

CASTLE PL

N ARNAZ DR

N LA CIENEGA BLVD

N GALE DR

N HAMEL DR

COLDWATER CANYON BRIDLE PTH

S CARSON RD

GLEN WY

TOWER DR

HAYNES AV

N HAMILTON DR

S GALE DR

N CARSON RD

GREENWAY D R

N STANLEY DR

HILLGREEN DR

CAROLYN WY

ROBERT LN

N LE DOUX RD

S HADOW HILL WY

S LA CIENEGA BLVD

ARKELL DR

CYNTHIA ST

S HAMEL DR

GREGORY WY

N WETHERLY DR

WOODLAND DR

TRENTON DR

CHALETTE DR

BEVERLY BLVD

DURANT DR

CIVIC CENTER DR

PARK WY

N ALMONT DR

N DOHENY DR

ANGELO DR

WALLACE RIDGE

N LA PEER DR

EVELYN PL

N OAKHURST DR

N HILLCREST R D

N SWALL DRN CLARK DR

MORENO DR

ALDEN DR

HARTFO RD WY

S CHUYLER RD

COVE WY

S BEVERLY DR

BRIGHTON WY

TOWER RD

COLDWATER CANYON DR

LASKY DR

S MCCARTY DR

FOOTHILL RD

SAN YSIDRO DR

HEATH AV

BURTON WY

S LINDEN DR

S REEVES DR

S EL CAMINO DR

S WETHERLY DR
S

S OAKHURST DR

CRESCENT DR

WALDEN DR

S ROXBURY DR

S REXFORD DR
W 3RD ST

S BEDFORD DR

LAUREL WY

S ALMONT DR

BENEDICT CANYON DR

S CAMDEN DR

S DOHENY DR

S LA PEER DR

N SIERRA DR

S SPALDING DR

S CANON DR

N ARDEN DR

LEXINGTON RD

DOHE NY RD

S MAPLE DR

S SWALL DR

S CLARK DR

SUMMIT DR

S RODEO DR

N LINDEN DR

N ALTA DR

N MAPLE DR

S PALM DR

N PALM DR

S PECK DR

N FOOTHILL RD

S ELM DR

WHITTIER DR

CAR LA RIDGE

DAYTON WY

N BEDFORD DR

N SANTA MONICA BLVD

N CAMDEN DR

N ELM DR

N ROXBURY DR

N CANON DR

CHARLEVILLE BLVD

N ALPINE DR

CARMELITA AV

OLYMPIC BLVD

N REXFORD DR

LOMA VISTA DR

N CRESCENT DR

LOMITAS AV

N BEVERLY DR

SUNSET BLVD

ELEVADO AV

SUNSET BLVD

SUNSET BLVD

DAYTON WY

N RODEO DR

N CAMDEN DR

LOMITAS AV

CARMELITA AV

BEVERLY GREEN DR

LEONA DR

WHITTIER DR

ELEVADO AV
Legend

RESIDENTIAL ALLEYS

CBH BLOCKS

CITY BOUNDARY

ALLEY & EASEMENT

MAINTENANCE

SERVICE
2017
Date: 03-07-2017
0 1,000 2,000 3,000 500
8 Feet
ATTACHMENT 5
RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 10
ATTACHMENT 6

STANDARD INSURANCE REQUIREMENTS
Contractor's Insurance. Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, his agents, representatives, employees or subcontractors, pursuant to contractor's bid or any subsequent contract. Insurance shall be of the type, in the amounts and subject to the provisions described below. (1) Commercial general liability coverage at least as broad as Insurance Services Office Commercial General Liability occurrence coverage ("occurrence" form CG0001, Ed. 11/88) with a limit of not less than $2,000,000 per occurrence. If the insurance includes a general aggregate limit, that limit shall apply separately to this contract or it shall be at least twice the required per occurrence limit. (2) Business automobile liability insurance at least as broad as Insurance Services office form CA 0001 (Ed. 12/90) covering Automobile Liability, code 1 "an y auto" and endorsement CA 0029 (Ed. 12/88) with a limit not less than $2,000,000 per accident. (3) Workers Compensation Insurance as required by the State of California. (4) Evidence of Coverage:
(a) Prior to commencement of work under this contract, or within 14 days of notification of award of contract, whichever is shorter, Contractor shall file certificates of insurance with original endorsements evidencing coverage in compliance with this contract and in a form acceptable to City. The certificate shall be on the City's standard proof of insurance form. (b) Contractor shall provide to City, on request, a complete copy, including all endorsements and riders, of any insurance policy.
(c) During the term of this agreement, Contractor shall maintain current valid proof of insurance coverage with City at all times. Proof of renewals shall be filed prior to expiration of any required coverage and shall be provided on the Cit y's standard proof of insurance form. (d) Failure to submit any required evidences of insurance within the required time period shall be cause for termination for default, and shall be cause for forfeiture of this bidder's bid security, if applicable.
(e) In the event Contractor does not maintain current, valid evidence of insurance on file with City, City m ay, at its option, withhold payment of any moneys owed to Contractor, or which it subsequently owes to Contractor, until proper proof is filed. (5) All insurance coverages shall be provided by insurers admitted in the State of California with a rating of at least A+;(VII) in the latest edition of Best's Insurance Guide.. (6) Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided or canceled and shall not be reduced in coverage or limits except after 30 days prior written notice provided to the City. Upon prior request of the carrier, the notice period may be reduced to 10 days in the event of non-payment of premium.
(7) All liability coverages shall name the City, its City Council and every officer, agent and employee of City as additional insureds with respect to work under this bid or any subsequent contract.

RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 11
(8) Contractor's insurance and any insurance provided in compliance with these specifications, shall be primary with respect to any insurance or self-insurance programs covering the City, its City Council and any officer, agent or employee of City. (9) W here available, the insurer shall agree to waive all rights of subrogation against the City, its City Council and every officer, agent and employee of City. (10) Any deductibles or self-insured retentions shall be declared to and must be approved by City. At the option of the City, either the insurer shall reduce or eliminate the deductibles or self-insured retentions as respects the City, or the Contractor shall procure a bond guaranteeing payment of losses and expenses.
(11) In the event that Contractor does not provide continuous insurance coverage, the City shall have the right, but not the obligation, to obtain the required insurance coverage at Contractor's cost, and the City may deduct all such costs from moneys the City owes to the Contractor or from moneys which it subsequently owes to the Contractor.

Indemnification. Contractor agrees to indemnify, hold harm less and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claim s, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of Contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the performance of this work.

November/1996
RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 12

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy (ies) described below:

NAMED INSURED (CONTRACTOR) COMPANIES AFFORDING COVERAGE A.

B.

ADDRESS: C.

COMPANY
(A. B. C.) COVERAGE POLICY
NUMBER

EXPIRATION
DATE B.I.

LIMITS
P.D. AGGREGATE

AUTOMOBILE LIABILITY
GENERAL LIABILITY [ ]
[ ] PRODUCTS /COMPLETED
OPERATIONS [ ]
BLANKET CONTRACTUAL [ ]
CONTRACTOR'S PROTECTIVE [ ]
PERSONAL INJURY [ ]
OTHER [ ]
EXCESS LIABILITY [ ]
WORKERS' COMPENSATION [ ]
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of Contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right on contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days' written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
AGENCY: TITLE:

ADDRESS:

FORM RM02
RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 13
ATTACHMENT 7

INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONTRACTOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its em ployees and subcontractors (collectively “CONTRACTOR employees”) assigned to CITY projects that com e onsite to any CITY facility to perform services under the Agreement.

B. CONTRACTOR shall notify CITY immediately in writing if CONTRACTOR or CONTRACTOR employees have com e in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONTRACTOR employees shall immediately cease performing services under the Agreement.

C. CONTRACTOR shall monitor CONTRACTOR employees’ signs and symptoms with written logs. CONTRACTOR shall maintain a daily recording of the following:

1. Require CONTRACTOR employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).

2. If CONTRACTOR employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold, or influenza:
(a) Do not have CONTRACTOR employees report to work.
(b) Contact your CIT Y Responsible Principal.
(c) Direct CONTRACTOR employees to:
i. Not go out in public.
ii. Avoid contact with others.
iii. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), while coughing or sneezing.
v. W ash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others. vi. If soap and water are not readily available, use an alcohol-based hand sanitizer, which contains 60%-95% alcohol or solutions available for use at the facility. vii. Wear face coverings at all times unless alone in a vehicle, personal office or cubicle.

3. CONTRACTOR shall disinfect all areas that CONTRACTOR’s employees com e in contact with while performing services under the Agreement before and after usage.

4. CONTRACTOR employees shall not return to any CITY facility until they meet the guidance* of the Los Angeles County Department of Public Health. * CONTRACTOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for managers.

D. CONTRACTOR shall also maintain daily monitoring and record keeping in connection with CITY projects where CONTRACTOR employees com e on site for the following information:

1. Projects are adhering to Social Distancing** and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.

RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 14

2. CONTRACTOR employees are not working while sick.

3. CONTRACTOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.

4. CONTRACTOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.

E. CONTRACTOR shall provide employees with handwashing and sanitizing equipment.

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.

CONTRACTOR shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacount y.gov/m edia/Coronavirus/reopening-la.htm #orders.

For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverl yhills.org/novelcoronavirus
CITY reserves the right to review CONTRACTOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONTRACTOR employees home who do not com ply with these requirements. CONTRACTOR shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285-1073.

Attachment.

RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 15
ATTACHMENT 8
Terms for Compliance with California Labor Law Requirements I. CONTRACTOR acknowledges that the project as defined in this Agreement between CONTRACTOR and CITY, to which this Agreement to Com ply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONTRACTOR shall perform all work on the project as a public work. CONTRACTOR shall com ply with and be bound by all the term s, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

II. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

III. CONTRACTOR shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement. CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONTRACTOR or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.

IV. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.

V. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.

VI. CONTRACTOR shall com ply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONTRACTOR shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.

VII. CONTRACTOR shall com ply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and m ake such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.

VIII. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

RFP 23-350-22 Alley Tree Trimming and Weed Abatement Maintenance Services City of Beverly Hills

REQUEST FOR PROPOSAL

TREE TRIMMING AND WEED ABATEMENT
10/18/2022
PAGE 16
IX. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work.

CONTRACTOR shall comply with and be bound by Labor Code Section 1810. CONTRACTOR shall com ply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by em ployees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

X. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will com ply with such provisions before commencing the performance of the work of this contract.” XI. For every subcontractor who will perform work on the project, CONTRACTOR shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall com ply with those statutory provisions.

CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.

XII. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harm less and defend (at CONTRACTOR’s expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for dam ages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential dam ages, attorneys’ fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive termination of the Agreement.  

Firms FY 2023 - 2024 FY 2024 - 2025 FY 2025 - 2026 FY 2026 - 2027 FY 2027 - 2028 Total Integrity Arborist and Ecoscape $237,900.00 $237,900.00 $237,900.00 $237,900.00 $273,900.00 $1,225,500.00 Rapid Response Force $269,555.00 $277,979.00 $286,429.00 $295,672.00 $304,161.00 $1,433,796.00 Four Seasons Landscaping $375,000.00 $393,900.00 $412,800.00 $438,000.00 $458,200.00 $2,077,900.00 West Cost Arborists $549,800.00 $581,100.00 $626,600.00 $676,000.00 $722,800.00 $3,156,300.00 Mariposa Tree Management $749,000.00 $788,970.00 $828,418.50 $869,180.00 $912,639.00 $4,148,207.50 Thrifty Tree Management $2,710,500.00 $2,913,787.50 $3,132,321.57 $3,367,245.69 $3,619,789.12 $15,743,643.88

PROPOSALS COST RESULTS
 

1 B0785-0001\2806715v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING

FOR ALLEY TREE TRIMMING AND WEED ABATEMENT

MAINTENANCE SERVICES
NAME OF CONTRACTOR: SGD Enterprises dba Four Seasons
Landscaping
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Stephen Darrison, President CONTRACTOR’S ADDRESS: 14937 Delano Street
Van Nuys, CA 91411
Attention: Ethan Darrison, Vice President
CONTRACTOR’S E.I.N/TAX I.D. NO.: 95-4300951
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: July 1, 2023
TERMINATION DATE: June 30, 2026, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed per CITY Fiscal Year (“FY”):

FY 2023-2024: $375,000.00
FY 2024-2025: $393,900.00
FY 2025-2026: $412,800.00
FY 2026-2027, if extended: $438,000.00
FY 2027-2028, if extended: $458,200.00
Total Not to Exceed: $1,181,700.00
(without extensions); $2,077,900.00, if
extended









 
 





2 B0785-0001\2806715v2.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND SGD

ENTERPRISES DBA FOUR SEASONS LANDSCAPING FOR ALLEY TREE

TRIMMING AND WEED ABATEMENT MAINTENANCE SERVICES
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and SGD Enterprises dba Four Seasons Landscaping (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement 








 
 





3 B0785-0001\2806715v2.doc
(including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Time for Completion.
(a) CONTRACTOR shall complete the Scope of Work within the duration specified in Exhibit A or be subject to liquidated damages as set forth in this section 5.. (b) In case all the work called for is not completed in all parts and requirements within the time specified, CITY shall have the right to grant or deny an extension of time for completion as may best serve the interest of CITY. CONTRACTOR will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors or subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, or delays of subcontractors due to such causes provided that CONTRACTOR shall within ten (10) days from the beginning of such delay notify CITY, in writing, of the cause of the delay. CITY will ascertain the facts and the extent of the delay, and the findings of CITY shall be final and conclusive.

Section 6. Liquidated Damages. Time is of the essence on this Agreement, and should CONTRACTOR fail to finish the work on or before the time specified in Exhibit A, CONTRACTOR may be charged by CITY, as liquidated and ascertained damages, a three percent (3%) penalty against the sum of the trim cycle cost for each week that the work remains incomplete beyond the time specified and penalty shall compound each week thereafter and cap at six percent (6%) (subject, however, to extension of time duly granted in the manner and for the causes specified in Exhibit A) it being hereby expressly impracticable and extremely difficult to fix the actual damage which would or will be suffered in the event that CONTRACTOR should fail fully to complete the work within the time specified, and it would be further agreed that the charges per day as aforementioned shall be reasonable and proper. The amount so charged shall be deducted by CITY from any monies which otherwise are, or become payable to CONTRACTOR.

Section 7. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 8. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.









 
 





4 B0785-0001\2806715v2.doc
Section 9. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 10. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 11. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 12. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 13. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of Two Million Dollars ($2,000,000) per occurrence combined single limit, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.









 
 





5 B0785-0001\2806715v2.doc
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The policies of insurance required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement. (g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

Section 14. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 15. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.









 
 





6 B0785-0001\2806715v2.doc
Section 16. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.

Section 17. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 18. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 19. Prevailing Wage. CITY and CONTRACTOR acknowledge that this project is a public work to which prevailing wages apply. CONTRACTOR shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D, attached hereto and incorporated herein by this reference.

Section 20. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 21. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage 








 
 





7 B0785-0001\2806715v2.doc
prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 22. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 23. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 24. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 25. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 26. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 27. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

EXECUTED the day of 20___, at Beverly Hills,
California.

CITY OF BEVERLY HILLS
A Municipal Corporation
JULIAN A. GOLD, M.D.

Mayor
ATTEST:
(SEAL)

HUMA AHMED
City Clerk
[Signatures continue]









 
 





8 B0785-0001\2806715v2.doc
CONTRACTOR: SGD Enterprises dba Four
Seasons Landscaping

STEPHEN DARRISON
President

ARIEL DARRISON
Chief Financial Officer
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
SHANA E. EPSTEIN
Director of Public Works

ROBERT WELCH
Utilities General Manager
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: B074C608-562A-4D19-93FF-10C9875A9F06 9 B0785-0001\2806715v2.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
Under the direction of CITY’s Solid Waste Manager or his designee, CONTRACTOR shall perform the following services:

A. Tree trimming two times per year with an optional third trimming cycle, if needed, and a separate weed abatement cycle if requested by CITY. The months designated for trimming cycles shall be July, October, and April. CITY reserves the right to cancel any trimming cycle or adjust any trimming schedule. CONTRACTOR shall:
 Meet with CITY staff to set up work schedule for each cycle and designate the date that notices shall be mailed or delivered to residents.  Provide CITY with mutually agreed upon work schedule for each cycle in writing.  Identify addresses required for written notification to residents regarding alley work.  Prepare and print written notices as approved by CITY.  Distribute such notices to all affected property owners identified by CITY.  Begin tree trimming work ten (10) working days after notices mailed or delivered to residents.
 A minimum of four (4) three-man crews shall perform the maintenance service cycle.

Any reduction in staffing must be approved in writing by CITY’s Solid Waste Manager or his designee.
 Communicate to CONTRACTOR’s crew the specifications and standards to perform work required by CITY under this Agreement.
 Upon completion of each alley cycle CONTRACTOR shall provide CITY with a cost per lot inventory list for work performed during trimming cycle.  Comply with daily starting location as designated by CITY.  Post "No Parking" signage a minimum of 24 hours in advance of commencing work.  Perform routine vehicle, equipment, and materials inspections prior to start of work daily.
 Provide English-speaking personnel at the job site at all times.  Provide traffic control in accordance with CONTRACTOR's Work Area Traffic Control Handbook
 Remove all vegetation growing on CITY property or in the public right-of-way in the alleys, including weed abatement.
 Trim all trees to a minimum vertical clearance of 15 feet minimum height and cut all trees, bushes and hedges protruding into public right-of-way back to the private property line.
 Maintain a clean work zone, when possible, at all times.  Inspect work site location(s) at end of workday and leave work site in clean condition.  Report work location to CITY Inspector or CITY designee after daily work is completed.  Record work completed for work inventory update.
 Divert all vegetation clippings from landfill either by compost or mulch for reuse.  Provide CITY with copies of weight receipts for the material processed from the facility that processes vegetation clippings for recycling.









 
 





10 B0785-0001\2806715v2.doc
 Meet with CITY Inspector or designee daily during the progress of work and notate daily activities.
 Notify CITY Inspector of any emergency and respond in a safe and efficient manner.  Notify CITY Inspector immediately of damage to property (public or private).  Submit written report and photographs of any property damage or personal injury within 48 hours of occurrence to CONTRACTOR's insurance carrier.

B. On an as-needed basis at CITY's direction, CONTRACTOR shall trim trees, bushes, or any growing vegetation that impact the safe operating practice of CITY's Public Works crews working in CITY alleys.

C. CONTRACTOR shall provide CITY with “Four Seasons Landscaping Safety Manual” prior to commencement of work under this Agreement.

D. While performing services under this Agreement, CONTRACTOR shall at all times:
 Perform work in accordance with the International Society of Arboriculture (ISA) and American National Standards Institute (ANSI).
 Provide all measures of safety necessary for CONTRACTOR and public protection.  Use best practices to protect private property.
 Establish a tool and equipment cleaning protocol to prevent the spread of vegetation disease from private properties.
 Maintain excellent public relations within the community throughout CITY.  Ensure that CONTRACTOR’s Quality Control Plan is enforced.  Utilize the highest level of vegetation pruning standards.

Proposed Schedule of Work
CONTRACTOR’s regular work hours shall be 7:00 a.m. to 5:00 p.m., and CITY shall designate the starting location each day. CONTRACTOR shall notify CITY in writing of any changes to the Work Schedule.

If any noise complaint shall arise due to the operation of the maintenance service, CITY may adjust the scheduled start time to 8:00 a.m. CONTRACTOR shall work with CITY to mitigate and resolve the noise complaint. No chipping activity shall start before 10:00 a.m.

Time for Completion
CONTRACTOR shall complete all trimming cycles within six (6) weeks of the start date identified by CITY in writing. CITY shall have the right to cancel a trimming cycle upon five (5) days’ prior written notice to CONTRACTOR.

II. INFECTIOUS DISEASE
A. CONTRACTOR shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.









 
 





11 B0785-0001\2806715v2.doc
B. CONTRACTOR shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. CONTRACTOR shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.









 
 





12 B0785-0001\2806715v2.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in this Agreement a total amount not to exceed One Million One Hundred Eighty-One Thousand Seven Hundred Dollars ($1,181,700.00), including all labor, materials, taxes, and expenses, as more particularly described below.

Not to exceed per CITY Fiscal Year (“FY”):

FY 2023-2024: $375,000.00
FY 2024-2025: $393,900.00
FY 2025-2026: $412,800.00
FY 2026-2027, if extended: $438,000.00
FY 2027-2028, if extended: $458,200.00
If the Agreement is extended pursuant to Section 2 of this Agreement, in no event shall this Agreement total exceed Two Million Seventy-Seven Thousand Nine Hundred Dollars ($2,077,900.00).

CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit. 








 
 





B0785-0001\2806715v2.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:
13 RM02.DOC REVISED 10/14/96.









 
 





14 B0785-0001\2806715v2.doc

EXHIBIT D
Terms for Compliance with California Labor Law Requirements Section 1. CONTRACTOR acknowledges that the project as defined in this Agreement between CONTRACTOR and CITY, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. CONTRACTOR shall perform all work on the project as a public work. CONTRACTOR shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

Section 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

Section 3. CONTRACTOR shall be registered, if required, with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to CITY prior to the effective date of this Agreement.

CONTRACTOR shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. CONTRACTOR and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If CONTRACTOR or any subcontractor cease to be registered with DIR at any time during the duration of the project, CONTRACTOR shall immediately notify CITY.

Section 4. Pursuant to Labor Code Section 1771.4, CONTRACTOR’s services are subject to compliance monitoring and enforcement by DIR. CONTRACTOR shall post job site notices, as prescribed by DIR regulations.

Section 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

CONTRACTOR acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONTRACTOR shall post such rates at each job site covered by this Agreement.

Section 6. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. CONTRACTOR shall, as a penalty to the CITY, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by CONTRACTOR or by any subcontractor.

Section 7. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1776, which requires CONTRACTOR and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the CITY of the location of the records.

Section 8. CONTRACTOR shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, 








 
 





15 B0785-0001\2806715v2.doc
section 200 et seq. concerning the employment of apprentices on public works projects.

CONTRACTOR shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, CONTRACTOR shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, CONTRACTOR and each of its subcontractors shall submit to the CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

Section 9. CONTRACTOR acknowledges that eight hours labor constitutes a legal day’s work. CONTRACTOR shall comply with and be bound by Labor Code Section 1810.

CONTRACTOR shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of CONTRACTOR in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

Section 10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Section 11. For every subcontractor who will perform work on the project, CONTRACTOR shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and CONTRACTOR shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. CONTRACTOR shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. CONTRACTOR shall diligently take corrective action to halt or rectify any failure.

Section 12. To the maximum extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (at CONTRACTOR’s expense with counsel reasonably acceptable to the CITY) the CITY, its officials, officers, employees, agents and independent contractors serving in the role of CITY officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including CONTRACTOR, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of CONTRACTOR under this Section shall survive termination of the Agreement. 








 
 





Certificate Of Completion
Envelope Id: B074C608562A4D1993FF10C9875A9F06 Status: Sent Subject: Complete with DocuSign: Four Seasons Landscaping - Alley Tree Trimming Source Envelope:

Document Pages: 15 Signatures: 6 Envelope Originator:

Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
5/9/2023 4:02:39 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 5/9/2023 4:16:10 PM
Viewed: 5/9/2023 4:29:50 PM
Signed: 5/9/2023 4:29:57 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ariel Darrison
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.115.171.25
Signed using mobile
Sent: 5/9/2023 4:29:59 PM
Viewed: 5/9/2023 4:32:50 PM
Signed: 5/9/2023 4:33:02 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Stephen Darrison
[email protected]
President
SGD Enterprises DBA Four Seasons Landscaping
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.174.31.112
Sent: 5/9/2023 4:29:59 PM
Viewed: 5/9/2023 4:42:00 PM
Signed: 5/9/2023 4:42:40 PM
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Deborah R. Hakman for
[email protected]
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Using IP Address: 166.199.97.57
Signed using mobile
Sent: 5/9/2023 4:42:42 PM
Viewed: 5/10/2023 10:36:37 AM
Signed: 5/10/2023 10:36:57 AM
Electronic Record and Signature Disclosure:

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Signer Events Signature Timestamp
Robert Welch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 5/10/2023 10:36:58 AM
Resent: 5/11/2023 8:08:44 AM
Resent: 5/12/2023 7:34:32 AM
Viewed: 5/12/2023 2:15:58 PM
Signed: 5/12/2023 2:16:08 PM
Electronic Record and Signature Disclosure:

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Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 5/12/2023 2:16:09 PM
Viewed: 5/12/2023 2:29:01 PM
Signed: 5/12/2023 2:30:51 PM
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Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
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Sent: 5/12/2023 2:30:53 PM
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Nancy Hunt-Coffey
[email protected]
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(None)
Electronic Record and Signature Disclosure:

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Julian A. Gold
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

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Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
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Adrianne Tarazon
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Dorina Mohan
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(None)
Electronic Record and Signature Disclosure:

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Megan Grilley
[email protected]
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