AGENDA REPORT
Meeting Date: March 18, 2025
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Public Works Director/City Engineer Robert Sahagun, Street Services Manager
Subject: APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND WEST COAST ARBORISTS, INC. FOR
ANNUAL TREE MAINTENANCE SERVICES WITHIN CITY
LIMITS; AND
APPROVAL OF CORRESPONDING PURCHASE ORDERS FOR
TREE SERVICES FOR FISCAL YEAR 2024/25 IN THE NOT-TOEXCEED AMOUNT OF $700,000 Attachments: 1. Agreement
2. Cost Proposal Summary
RECOMMENDATION
Staff recommends that City Council approve an agreement with West Coast Arborists, Inc. for tree maintenance services and approve corresponding Fiscal Year 2024/25 purchase orders for a total not-to-exceed amount of $700,000.
INTRODUCTION
In December 2019, the City entered into an agreement with West Coast Arborists, Inc. (WCA) to exclusively provide tree services throughout the City. Over this time, WCA has performed safely, productively, and professionally. Given the amount of time since the last competitive bid, the City recently issued a request for proposals (RFP) through PlanetBids seeking competitive unit pricing from well-qualified firms capable of meeting the City’s performance and emergency response expectations. This competitive bid process was designed to ensure the City continues to receive the highest quality tree maintenance services while maintaining fiscal responsibility and environmental stewardship of the City’s urban forest assets.
BEVERLY
HILLS
id
E-10
Meeting Date: March 18, 2025
DISCUSSION
In October 2024, the City posted an RFP on PlanetBids seeking a tree services contractor for a five-year period, with the option of two additional one-year extensions at the City’s discretion. Five contractors submitted proposals, which were evaluated based on the following criteria:
Complete RFP response with all required documentation; Compliance with minimum requirements;
Satisfaction of technical requirements;
Demonstrated experience in similar work with the City or other public agencies; and
Quality of references from other agencies.
Based on this evaluation, two firms whose proposals fully met all the criteria were selected for further consideration: West Coast Arborists Inc. and Great Scott Tree Service (GSTS).
During the interview process, both finalists demonstrated exceptional qualifications and expertise in urban forestry management. Each firm presented impressive credentials with decades of industry experience serving municipalities throughout Southern California and beyond. Both companies maintain high professional standards in their operations, including arborists certified by the International Society of Arboriculture (ISA), adherence to American National Standards Institute (ANSI) A300 pruning standards, and comprehensive safety protocols.
The panel evaluation focused on several key operational areas, including technological capabilities, emergency response readiness, customer service protocols, and tree maintenance methodologies. Both firms demonstrated robust solutions for urban forest management. The evaluation included assessment of proprietary software systems for tree inventory management, response time capabilities and protocols, staff training programs, and environmental sustainability initiatives.
Key factors considered in the final assessment included proximity to Beverly Hills for rapid deployment during emergencies, technological integration with the City’s asset/work order management system for real-time data sharing and reporting, demonstrated understanding of Beverly Hills’ specific urban forest needs, and capacity to provide comprehensive services within the City’s timeframes.
Following the completion of the interview process, WCA emerged as the most qualified firm, demonstrating superior ability to meet all City service requirements and performance standards. WCA’s established working relationship with Beverly Hills, proximity to the City, advanced technology platform, and demonstrated capacity for emergency response collectively positioned the firm as the optimal provider for the City’s urban forestry needs.
FISCAL IMPACT
The current tree services contract expires on March 31, 2025, with the new agreement commencing on April 1, 2025. Over the past four years, the City has spent an average of $2,188,544 annually for tree services. The new agreement will increase costs to approximately $3,510,000 annually for the first two years, representing an approximate 60% increase over the previous four-year average.
Meeting Date: March 18, 2025
This significant cost increase reflects several market factors, including rising labor costs, inflation, enhanced regulatory requirements, and increased demand for tree maintenance services throughout the region. While some cost components may fluctuate, labor and regulatory compliance costs are expected to remain elevated for the foreseeable future.
The total estimated value of the agreement over its potential seven-year term (including the initial five-year period and two optional one-year extensions) is $27,384,714.
Beginning in year 3, costs will increase annually based on the Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim metropolitan area. While the 10-year average CPI increase in Los Angeles County has been approximately 3.4%, staff has conservatively estimated annual increases at 5% to account for potential market volatility, as detailed below:
Year Time Frame Total Contract Value w/ Assumed 5%
CPI Escalator (starting Year 3)**
1 1 APR 2025 - 31 MAR 2026 $3,510,000
2 1 APR 2026 - 31 MAR 2027 $3,510,000
3 1 APR 2027 - 31 MAR 2028 $3,685,500
4 1 APR 2028 - 31 MAR 2029 $3,869,775
5 1 APR 2029 - 31 MAR 2030 $4,063,264
6* 1 APR 2030 - 31 MAR 2031 $4,266,427
7* 1 APR 2031 - 31 MAR 2032 $4,479,748
Grand Total $27,384,714
*Years 6 and 7 represent optional one-year extensions at the City's discretion. **Based on conservative CPI adjustment of 5% per year; actual costs will be tied to actual CPI and annual work quantities.
The existing FY 2024/25 budget has sufficient funding for these services through June 30, 2025. Upon approval of this agreement, the full annual cost increase will be incorporated into the FY 2025/26 budget as an ongoing expense during the normal budgetary approval process.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
WEST COAST ARBORISTS, INC. FOR ANNUAL TREE
MAINTENANCE SERVICES WITHIN CITY LIMITS
NAME OF CONTRACTOR: WEST COAST ARBORISTS, INC.
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Patrick Mahoney, President CONTRACTOR’S ADDRESS: 2200 E. Via Burton Street
Anaheim, CA 92806
Attention: Patrick Mahoney, President
CONTRACTOR’S E.I.N/TAX I.D. NO.: 95-3250682
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: April 1, 2025
TERMINATION DATE: March 31, 2030, unless extended pursuant to Section 2
CONSIDERATION: Not to exceed amounts set forth in CITY
authorized purchase orders at the rates set
forth in Exhibit B
Total Not to Exceed: $27,384,714 (if
extended for two additional years), as more
particularly described in Exhibit B
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AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
WEST COAST ARBORISTS, INC. FOR ANNUAL TREE
MAINTENANCE SERVICES WITHIN CITY LIMITS
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and West Coast Arborists, Inc. (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. (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 (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.
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(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. 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 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of the City Manager. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. 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 8. 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 9. 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 10. 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 11. Insurance and Bonds.
I. 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, Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -4-
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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.
(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 CITY as an additional insured. (f) The general liability and vehicle liability policies 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.
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II. Performance Bond
(a) CONTRACTOR shall submit to CITY a performance bond yearly in the annual amount of the Agreement. CONTRACTOR shall adhere to all performance bonding requirements for admitted California sureties. Additionally, the required performance bond shall be filed on the form attached hereto as Exhibit D and incorporated herein by this reference and subject to the written approval of the City Attorney. CONTRACTOR shall file with the City Clerk an original copy of the bond, duly certified by the proper authority and attested by the seal of the corporation, and the transcript or record of appointment entitling or authorizing the person or persons purporting to execute the bond for and on behalf of such corporation.
Section 12. 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 under this section shall survive termination or expiration of the Agreement.
Section 13. 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.
Section 14. 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 15. 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 16. 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 Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -6-
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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 17. 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 18. 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 19. 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 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 20. 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 21. 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 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any discrepancy between the express or implied subject matters of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
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Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 25. 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
____________________________
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills, California
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
CONTRACTOR: WEST COAST
ARBORISTS, INC.
PATRICK MAHONEY
President
RICHARD MAHONEY
Secretary
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:
NANCY HUNT-COFFEY
City Manager
SHANA E. EPSTEIN
Director of Public Works
[Signatures Continue]
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DAREN GRILLEY
Assistant Director of Public Works/City Engineer
SHARON L’HEUREUX DRESSEL
Risk Manager
ANTHONY RODSTEIN
Purchasing Services Manager
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EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall perform the following services:
General Provisions
1-1. The work performed under these specifications shall include the furnishing of all labor, materials, and equipment necessary for the provision of tree care services specified herein. CONTRACTOR is to furnish all labor, tools, equipment and expertise necessary to provide service as specified, which includes but is not limited to tree trimming, tree removal, stump grinding, tree planting, watering of young trees, maintenance of tree basins, repair of irrigation systems damaged during the pruning, removal or planting of trees, establishment of grass seed, grading and preparation of parkway areas for seeding and tree installation, identification of utility locations, traffic control, notification of customers by mail, entry of data into and maintenance of web based tree inventory and work history tracking system. CONTRACTOR shall also be required to report any condition that could pose a threat to the public or result in a poor aesthetic such as, but not limited to, low or hanging limbs, blocked traffic control devices or signage and dead, dying or structurally deficient trees. Water utilized for the services under the Agreement shall be furnished by CITY.
1-2. CONTRACTOR must hold a valid State California CONTRACTOR’s Licenses C-61/D49 and C-27, both in good standing for a minimum of 5 (five) years without any official unresolved record of complaints registered or filed with the Board of California Department of Consumer Affairs.
1-3. CONTRACTOR must make annual submissions of current OSHA certification of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of this project. Both of these provisions must be provided at the time of proposal submission. 1-4. CONTRACTOR must staff the project with a Supervisor who holds a current ISA (International Society of Arboriculture) Certified Arborist credential. Furthermore, all persons engaged in the actual trimming of trees must hold, at minimum, a current ISA Certified Tree Worker credential. The firm shall show evidence that other personnel (e.g. ground workers, traffic control staff) have received sufficient training so as to be capable of performing their functions in a safe and proficient manner. 1-5. CONTRACTOR must have satisfactorily completed at least five (5) similar and separate Southern California municipal tree maintenance projects in the last five (5) years.
Each project shall be comparable to the size and scope of this project (descriptions of these projects and contact persons must be provided with RFP submission).
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1-6. CONTRACTOR must submit a Quality Control Plan at the time of submission and comply with this quality control throughout the term of the Agreement. The Quality control Plan shall provide CITY with an effective an efficient means of identifying and correcting problems throughout the entire scope of operations. In addition, at the time of proposal submission, the firm must submit to CITY for approval, their current Safety manual that meets SB 198 requirements for injury and illness prevention. 1-7. CONTRACTOR is to field verify any footage, size or quantity provided in this document and base bids only on field verified footages, sizes, or quantities. 1-8. CONTRACTOR is required to have a supervisor available by telephone on a 24-hour basis that is assigned to provide direct and prompt attention to requests from CITY for emergency and after-hours tree service requests. The response time for emergency and after-hours tree service requests shall not be greater than one (1) hour. CONTRACTOR shall have the capacity to deal with any tree-related emergency situation, ranging from limbs down on single trees to storm related damage to a large number of trees requiring the commitment and focus of significant resources and manpower for several days.
Failure to respond to tree emergencies and after-hours tree requests within the specified time limits shall be penalized as is described in Part Seven (7). 1-9. If it appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, CONTRACTOR shall apply in writing to CITY’s CITY Arborist for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Agreement so far as may be consistent with the intent of the original scope of work.
1-10. All work which is defective or deficient in any of the requirements of the specifications shall be remedied or removed and replaced by CONTRACTOR in an acceptable manner at their own expense.
1-11. If any portion of the work done under the Agreement proves defective or not in accordance with the specifications, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, CITY’s Arborist shall have the right and authority to retain the work, but he may make such deductions in the payment due CONTRACTOR as may be just and reasonable. 1-12. CONTRACTOR shall recognize the rights of utility companies within the public right of way and their need to maintain and repair their facilities. CONTRACTOR shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Agreement from maintenance during a specified time frame.
No additional compensation will be allowed for complying with these requirements.
CONTRACTOR shall notify CITY Arborist of any utility that is disturbed or damaged. 1-13. CONTRACTOR’s working hours, for normal work zones, shall be limited to the hours between 8:00 AM and 4:00 PM Monday through Friday, excluding recognized holidays.
The following holidays are observed by ’s: New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Day, Rosh Ha Shana, Yom Kippur, and Passover. There will be no non-emergency work performed on any of the Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -11-
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listed holidays. Deviation from normal working hours, in normal work zones, will not be allowed without prior written consent of CITY’s Arborist. Work may be allowed during the night or on Sundays in special work zones during times set by CITY Arborist or designated representative.
1-14. When working at night, CONTRACTOR shall provide adequate lighting which allows for safe and proper performance of work, as well as inspection of same. While working at night, CONTRACTOR and shall be ever considerate of the impact of noise upon neighbors to the project. Outside of emergency situations, the use of chainsaws will not be allowed while work is performed at night.
1-15. Upon completion of each work under the Agreement, CONTRACTOR shall clean the work site and all grounds associated to the work of all rubbish, excess materials, and equipment. All parts of the work area shall be left in a neat and presentable condition.
Care should be taken to prevent spillage on streets over which work or hauling is done, and any such spillage or debris deposited on street due to CONTRACTOR operation shall be immediately cleaned up.
1-16. Overnight parking of equipment, leaving unattended debris and staging of materials on CITY streets will not be permitted.
1-17. CONTRACTOR shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards and standards and requirements described herein in providing tree services compatible with standard practice that results in a neat, clean, and attractive appearance to trees and associated sites serviced under the terms of the Agreement
1-18. All equipment used and all maintenance practices employed shall be subject to the inspection of CITY Arborist or designated representative and shall meet safety and functional requirements described herein. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids.
Equipment drive belts and hoses shall be in good repair and show no sign of fraying.
No equipment shall present any potential danger to the operator, co- workers, passing motorists or pedestrians. Failure to comply with this provision will be cause to have the equipment removed from the job site. It is CONTRACTOR’s responsibility to maintain a sufficient inventory of equipment so as to complete work as specified. An inventory of equipment shall be provided with proposal. This inventory shall include the brand name, model number, weight, and capacities of all equipment to be used in the performance of the Agreement. All equipment is to be approved by CITY prior to the start of the Agreement. It is CONTRACTOR’s responsibility to notify CITY Arborist or designated representative of any change in the equipment inventory during the performance of the Agreement. This notification shall come in the form of an updated equipment inventory list, presented in the form of a memo on dated company letterhead. Failure to comply with this provision will be grounds to remove CONTRACTOR from the job site until such time as equipment inventory discrepancies are addressed to be compliant with the inventory supplied with the proposal submittal or equal. 1-19. CONTRACTOR shall employ sufficient personnel qualified by a combination of education, training, and experience necessary to discharge the services agreed to be performed by Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -12-
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CONTRACTOR. CONTRACTOR shall provide service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent, and otherwise fully qualified to fulfill CONTRACTOR’s obligations under the Agreement. 1-20. All employees of CONTRACTOR performing services shall be dressed in clean, unaltered uniforms with suitable identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. CONTRACTOR shall provide a standard uniform consisting of at least a collar shirt with buttons, complimenting pants, a belt and boots appropriate to the work.
All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform in the field. CONTRACTOR’s employees shall appear neat and well-groomed at all times. CONTRACTOR employees shall wear orange safety vests when operating machinery or/or while working within five hundred (500) feet of moving traffic or such other distance required by any applicable laws.
Violations of uniform and/or safety apparel requirements shall be penalized as described in Part Seven (7).
1-21. If any person employed by the Agreement fails or refuses to carry out the directions set forth under this Agreement or if the opinion of CITY Arborist is incompetent, unfaithful, intemperate or disorderly; or uses threatening or abusive language to any person on the work representing CITY, or is otherwise unsatisfactory, he shall be discharged immediately and shall, thereafter, not again be employed on the work except by written consent of CITY Arborist.
1-22. CONTRACTOR’s employees shall be subject to the following minimum requirements, skills, abilities, and knowledge:
The proper license to operate equipment.
Ability to operate and maintain equipment in accordance with the manufacturer’s recommendations.
Mechanical ability to make required operator adjustments to the equipment being used.
Knowledgeable of safety regulations as they relate to tree care and traffic control.
American Red Cross Standard First Aid Certification (minimum of one member of each crew).
Ability to communicate orally and in writing in English. Demonstrated knowledge of tree care and related operations. 1-23. Disposal of Refuse and Debris. All debris generated by CONTRACTOR in the performance of work shall become the property of CONTRACTOR from and after the time of site clean-up. CONTRACTOR shall dispose of all generated debris at no additional cost to CITY and shall dispose of debris as is consistent with the requirements of AB 939 and SB 1383. 1-24. Authority and Inspections. CITY’s Arborist’s authorized representatives shall, at all times, have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials used and employed in the work. Whenever CONTRACTOR varies the period during which work is carried out, they shall give due notice to CITY Arborist so that Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -13-
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property access for inspection may be provided. Any inspection of work shall not relieve CONTRACTOR of any obligations to fulfill the Agreement as prescribed.
Any and all questions regarding the performance of the work shall be directed to CITY Arborist.
1-25. Should a change or extra work be found necessary by CITY, all changes and extra work shall be performed at the same unit price of any bid item listed. If the work is not listed as a bid item, CONTRACTOR shall submit a fair cost for the work to be performed. A change order authorization, in writing, will be issued by CITY. 1-26. CITY reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by CITY Arborist or designated representative and CONTRACTOR shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. CITY shall reduce the price accordingly. Alterations, modifications, or deviations from the work described in the scope of services by CONTRACTOR shall be subject to the prior written approval of CITY. Any price adjustments shall be made by mutual consent of the parties in that case.
1-27. Inspection of work will be done by CITY’s Public Works Department Urban Forest Inspector staff, during the performance of work or when deemed necessary. Any work found not to be acceptable will be noted in writing and shall be subject to the penalty provisions and schedule set forth in Part Seven (7). In any other case, a letter will be sent to CONTRACTOR noting these deficiencies, and CONTRACTOR shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period not to exceed three (3) days from notification. After this time period, if unacceptable conditions still exist, CITY has the right to terminate the Agreement or deduct payment as is proportionately appropriate for non- compliance with the specified Agreement. 1-28. CONTRACTOR will be paid once a month after each month’s work has been completed and required backup work records to match billing have been submitted in hardcopy form and uploaded for internet accessible online review have been accepted by the Public Works Department. Failure to upload work record histories and to maintain uninterrupted access CITY’s CONTRACTOR supplied tree inventory and work records system shall be cause to hold payment on CONTRACTOR’s billing until such time as access to the inventory system is restored. Failure to perform work as indicated in specifications can result in CITY exercising the right to withhold funds, subject CONTRACTOR to penalties as set forth in Part Seven (7), deduct payment as is proportionately appropriate or terminate the Agreement. 1-29. CONTRACTOR shall conduct all work outlined in the Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees additional to accept the sole responsibility for complying with all CITY County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all person, including CONTRACTOR Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -14-
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employees, agents of CITY, vendors, members of the public or others from foreseeable injury or damage to their property.
CONTRACTOR shall be responsible for traffic control and safety regulations related to any CITY, state or county requirements while working on medians and/or roadside strips. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines.
CONTRACTOR shall comply with the Trousdale Estates Area Construction Special Transportation-Related Measures guidelines (see Attachment I) when working in the hillside areas of CITY.
CONTRACTOR shall cooperate fully with CITY in the investigation of any accident, injury or death occurring on CITY property including a complete written report there to CITY Arborist within 24 hours following the occurrence.
Should any structure or property be damaged during permitted or contracted tree operation, the persons conducting the work shall immediately notify the proper owners or authorities. Repairs to property damaged by the responsible party shall be made within forty-eight (48) hours, except utility lines, which shall be repaired the same working day.
Repairs on private property shall be made in accordance with the appropriate building code under permits issued by CITY. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to CITY.
Special attention is drawn to sprinkler systems in CITY parkways and the need to avoid damage and to repair any damage that occurs quickly so as not to be responsible for the replacement of affected lawns by the installation of sod.
CONTRACTOR’s responsibility shall be continuous and not be limited to working hours or days.
1-30. All operations will be conducted by CONTRACTOR to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook. 1-31. All vehicles and equipment operating under this Agreement shall be properly marked with company identification.
1-32. CONTRACTOR shall have competent supervisors, who may be working supervisors, at each jobsite at all times when work is being performed. Each supervisor must be capable of communicating effectively both in written and oral English and holding the necessary certifications or credentials as described for that position herein. All supervisors must possess adequate technical background to ensure that all work is accomplished with the special provisions of this Agreement. 1-33. CONTRACTOR shall maintain a local office with a competent representative who can be reached during normal working hours and is authorized to discuss matters pertaining to this Agreement. Upon commencing work in CITY, CONTRACTOR shall provide a list of emergency numbers for after-hours work.
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1-34. CONTRACTOR shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference with, or annoyance to, the public.
1-35. CONTRACTOR shall not be permitted to store equipment or materials at any contracted work area.
1-36. This Agreement does not call for the use or application of chemical products. At no time shall CONTRACTOR use, store or transport any insecticide, herbicide, or fungicide in CITY without the prior written consent of CITY Arborist. Violation of this chemical use policy will be penalized as described within Part Seven (7) and can result in the termination of the Agreement.
1-37. If CONTRACTOR, after having officially commenced work on said Agreement, should discontinue work for any cause, he/she shall notify CITY Arborist or designated representative the intent to do so, and shall further notify of the date for restarting operations.
1-38. All work shall be completed to the satisfaction of and under the supervision of CITY Arborist or designated representative. Failure to comply with any requirement contained herein may result in suspension of work without time extension. 1-39. CONTRACTOR shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic. 1-40. Where work is in progress, each street shall be open to local traffic at all times unless prior arrangements have been made and approved by CITY Arborist or designated representative and CITY’s Traffic and Transportation Division. 1-41. At no time shall traffic be permitted to enter, or operations allowed to carry on in, any work zone that presents a dangerous condition to pedestrian and/or vehicular traffic. 1-42. The use of gasoline powered blowers is prohibited at all times within CITY of Beverly Hills. Violation of this policy will be penalized as described within Part Seven (7). 1-43. Traffic control: At no time shall CONTRACTOR commence or carry on with work that presents a hazard to pedestrians or vehicular traffic. Prior to the commencement of, and for the duration of, any work in any area, CONTRACTOR shall be responsible for traffic control and safety regulations as related to any CITY, state or county requirements while working on streets, highways, medians and/or roadside strips. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal highway Administrative guidelines. All operations will be conducted by CONTRACTOR to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook. In addition, CONTRACTOR shall be responsible for the placement of “Sidewalk Closed” signage at the perimeter of any sidewalk or pathway that leads pedestrian traffic into the work zone. Any operation that results in a blockage of, or produces debris which could enter, vehicular traffic zones will require the use of a flag person equipped with, and using, a SLOW/STOP traffic paddle. Work in two-way traffic zones will require the use of two (2) flag people. The placement of a traffic paddle into a safety cone shall not be Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -16-
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considered a substitute for the required flag person(s). Violations of traffic control standards defined herein shall be penalized as described in Part Seven (7).
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PART 4B: Scope of Services— Technical Specifications
Within this Part 4B are the descriptions and specifications for the detailed services and materials which will be necessary to provide services under the Agreement and shall be included in the base price of the bid and shall not result in additional charges to CITY.
SECTION A – GENERAL SPECIFICATIONS
General Specifications
All specifications are based on International Society of Arboriculture and American National Standards Institute criteria to ensure that CITY’s trees receive the best possible care.
CONTRACTOR must focus on providing a service that assures the safety of employees and the public while minimizing inconvenience to the public and disruption of traffic while working in CITY.
The following specifications shall be adhered to regardless of tree being serviced and/or the type of service being performed including, but not limited to, tree pruning, tree removal, stump grinding, tree planting, tree watering, repairs or record keeping related to any tree activity.
1. Staff qualifications: All people performing tree work on CITY trees should be trained according to tree care standards accepted by the International Society of Arboriculture.
2. Notification: At least seven (7) working days prior to the commencement of any nonemergency work at any tree site, CONTRACTOR shall, by mailing notice the occupant(s) of that property of the type of work that shall be performed and the anticipated time frame during which the work shall be performed. In addition, at least seventy-two hours (72) in advance of work, CONTRACTOR shall supply and post standardized signage on the trunk of the tree at the site work at which work is to be performed, with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause damage to the tree. If a tree trunk is not available for posting, CONTRACTOR shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding. The use of door hangers and/or door knocking is not permitted in CITY. All notifications must be mailed. Beginning non-emergency work without notification shall be penalized as described within Part Seven (7). Postings shall not be left in place once work has been completed.
Leaving postings on trees once work has been completed will be penalized as described within Part Seven (7). The routine watering of young trees shall be exempt from these notification and posting standards.
3. Wildlife protection: CONTRACTOR will maintain a Wildlife Protection Plan that lists current company responsible party and wildlife animal rescue facility twenty-four-hour contact information. Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -18-
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presence of nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in which the nest is found without the written permission of CITY’s Arborist or designated representative. At no time shall any nest or wildlife be moved from its location. If wildlife is accidentally displaced and needs assistance, CONTRACTOR shall notify Public Works Department and the nearest appropriate animal rescue facility, as identified in CONTRACTOR’s submittal required herein regarding “Protection of Wildlife”, shall be contacted for assistance.
4. Pre-inspection: Prior to the commencement of any work in the vicinity of any tree, CONTRACTOR shall identify the location of utilities, irrigation components and/or any private property element(s) that could be compromised by any work activity. If identified, CONTRACTOR shall take appropriate action to protect same. If, during the course of pre-inspection, CONTRACTOR identifies damage that exists before the onset of work, CONTRACTOR shall digitally photo-document and report such damage to an Urban Forest Inspector prior to commencing work in that area. Digital photodocumentation shall be time and date embedded. Any claim damage that cannot be refuted by photo-documentation and log of report to an Urban Forest Inspector shall be considered the responsibility of CONTRACTOR.
5. Setup, Operations, Equipment Staging: CONTRACTOR shall set up, operate and stage in a manner that presents the least amount of disruption to residents, businesses, the public and traffic flow. Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. Equipment shall never be stored or left unattended on a public street, CITY facility or private property. The staging of equipment shall not be exempt from the work hour restrictions defined herein.
6. Work in the vicinity of aerial utilities: All persons performing tree work on CITY trees in or around primary electrical lines must be trained to do so according to the “Electrical Safety Orders: of the State of California, including all amendments and revisions.
7. Identification and reporting of hazards: While performing work of any type, the tree worker should inspect for any obvious hazards related to trees. All hazardous situations should be corrected or promptly reported to CITY. Any defective or weakened trees shall be reported to CITY’s Arborist or designated representative.
8. Risk management: Tree work is a controlled task. At no time should work be performed to result in a loss of control incident (e.g. free-falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). CONTRACTOR shall be responsible for meeting equipment inventory requirements described herein. Failure to maintain control at all times shows a lack of planning and judgment, is dangerous, can result in serious injury, and will be penalized as described within Part Seven (7). No reasoning will be accepted for loss of control incidents. In addition to penalties, Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -19-
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CONTRACTOR shall be responsible for the mitigation of any damage related to a loss of control incident.
9. Site Cleanup – Cleanup of branches, limbs, logs, or any other debris resulting from any tree operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs, or other debris be allowed to pose a hazard to the public. During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated. Work shall cease immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff).
Rights of way shall not be used to stage unattended debris generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm drain. Failure to comply with site cleanup requirements will be penalized as described within Part Seven (7).
Debris staged in parkway(s) due to a nighttime emergency response shall be clearly coned off and emergency taped off and shall be cleaned up to in conformance with the standards described previously herein prior to 10:00 am the first business day after the emergency call out occurred. If the volume of debris from a nighttime emergency exceeds the storage capacity of the parkway(s), CONTRACTOR shall make arrangements to remove the debris immediately. Debris shall not be stored unattended in any portion of a traffic lane at night.
No worker shall enter a fenced or otherwise secured area of private property without the consent of the property owner.
10. Use of blowers– The use of gasoline powered blowers (handheld, backpack) is forbidden in CITY. The use of gasoline powered blowers will be penalized as described within Part Seven (7).
11. Record keeping- CONTRACTOR shall provide and operate, at no cost to CITY, web access to CONTRACTOR’s tree inventory system.
System specifications:
1. Accessible from common web browsers.
2. Accessible 24 hours a day, 7 days a week, except as notified in advance for routine maintenance.
3. Password protected with individual user logins.
4. Able to export data to CSV format.
5. Allow CITY staff to download tree location and attributes data in industry standard GIS formats, such as Esri File Geodatabase, Shapefiles or feature services CITY shall provide historic tree inventory and work history data which will be uploaded and operational within CONTRACTOR’s tree inventory system prior to the commencement of any tree service work under the terms of this contract. Thereafter, CONTRACTOR shall update and maintain the system to reflect changes in baseline data and to record all work Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -20-
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that occurs at any tree site. CITY prefers that data can be retrieved through an Application Programming Interface (API).
Data to be tracked in the system and exportable from the system:
1. Trees (for additional information, please refer to Attachment 2 to Exhibit A: City of Beverly Hills GIS standards)
a. TREEID (int)
b. DISTRICT nvarchar
c. ADDRESS smallint
d. STREET nvarchar
e. SIDE nvarchar
f. ONADDRESS smallint
g. ONSTREET nvarchar
h. SPECIESID smallint
i. BOTANICAL nvarchar
j. COMMON nvarchar
k. DBH nvarchar
l. HEIGHT nvarchar
m. RECOMMEND nvarchar
n. PARKWAY smallint
o. UTILITY nvarchar
p. SIDEWALKDA nvarchar
q. DATEMODIFIED nvarchar
r. PRIORITY nvarchar
s. TREECONDITION nvarchar
t. PARKWAYTYPE nvarchar
u. ACTUALDBH nvarchar
v. ESTIMATED smallint
w. LIGHTS nvarchar
x. EXPDATE datetime2
y. Tree latitude (optional)
z. Tree longitude (optional)
2. Work Orders
a. Type: Trimming, Removal, Planting, Emergency Response b. Date
c. Cost
d. Crew
e. Tree ID
The system shall include and allow the user to query all past and future work histories for all tree sites in the inventory. All aspects of the system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of CONTRACTOR and shall be provided at no cost to CITY. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the Agreement.
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Tree site/task specific hardcopy backup data for any work that has occurred during a billing cycle shall accompany the invoicing for that period and shall be accessible for review on the tree inventory system prior to the submittal of invoicing for that work.
Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied.
12. Protecting the integrity and value of the urban forest- If, at any time, CONTRACTOR is unclear on what course of action to follow in the field, CONTRACTOR shall consult with an Urban Forest Inspector. CONTRACTOR should never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree.
Disfigurement of trees will be penalized as described within Part Seven (7).
SECTION B – HARDWOOD TREE PRUNING
Hardwood Tree Pruning
Any tree work performed on a CITY tree must be done according to CITY’s specification. The criterion for pruning varies based on the type or purpose of pruning.
Types of Hardwood Pruning
Full Prune: A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to structure and improve tree health and structure, and includes safety pruning. Full Pruning should consist of one or more of the following pruning types:
A. Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low-vigor branches and water sprouts from the entirety of the tree crown. Care must be taken to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as “lion tailing” disrupts the structurally integrity of the tree, making it subject to limb and branch failure, especially during high winds.
B. Crown Thinning: Crown Thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind-sail effect of the crown and the weight of heavy limbs. Care must be taken to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown a can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration.
When thinning the crown of mature trees, seldom should more than one-fourth of the live foliage be removed.
C. Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere to basic Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -22-
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tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites.
D. Crown restoration: Crown Restoration is a corrective pruning used as a means to restore the form of crowns that have been previously damaged by storms or poor pruning practices. This treatment is best performed by tree workers who have a good understanding of the effects of pruning on the development of tree crowns.
Crown Raising/Safety Prune: A Crown Raising or Safety Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or safety prune does not involve the detail of work found in a full prune. Crown raising or safety pruning may consist of one or more of the following pruning types:
A. Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles, and pedestrians. It is important that a tree has at least one-half of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure and to uniformly distribute stress within the tree.
B. Safety Prune: Safety prune is employed as a means of eliminating potentially hazardous limbs (dead/dying) from the crown of a hardwood tree when an entire pruning of the tree is not warranted. Safety pruning does not involve the fine detail work described herein as “full prune”.
Specifications for hardwood tree pruning: the specifications for the pruning of hardwood trees are as follows:
1. Consult with an Urban Forest Inspector before making any cut that would result in permanent disfigurement of the structure of a tree.
2. Trees shall be pruned so as to prevent branch and foliage interference with safe public passage. Over-street clearance shall be kept to a minimum of seventeen (17) feet above the paved surface of the street and fourteen (14) feet above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, CONTRACTOR shall not prune the tree until such time as direction is obtained from an Urban Forest Field Inspector.
3. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.
4. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured.
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securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be penalized as described within Part Seven (7).
6. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed.
7. All dead and dying branches and branch stubs that are one-half (1/2) inch diameter or larger shall be removed.
8 . All broken or loose branches shall be removed.
9. Those branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed.
10. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the likelihood of limb failure.
11. Selectively prune branches that create sight line conflicts with traffic control signs and/or devices.
12. Selectively prune branches that are within five (5) feet of a structure.
13. Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action.
14. Prune so as to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an Urban Forest Inspector to do otherwise.
15. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees.
16. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property.
17. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree.
18. All major pest problems shall be promptly reported to CITY.
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19. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un-abrasive wood surface and secure bark remaining intact.
20. All trees six (6) inches in diameter or less shall be pruned with hand tools only.
21. Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insects and/or future disease/decay problems.
22. Any extraneous metal, wire, rubber, or other material interfering with tree growth shall be removed when possible.
23. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by CITY to aid in the safety of climbers performing the removal of a tree.
24. Gas powered chainsaws will only be used for emergency situations, pruning cuts over 4” in diameter and tree removals unless permission is granted, in writing, by CITY Arborist or designated representative.
SECTION C – PALM TREE PRUNING
Palm Tree Pruning Any tree work performed on a CITY tree must be done according to CITY’s specifications. The criterion for pruning varies based on the type or purpose of pruning.
Palm Prune: Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type.
Specifications for palm tree pruning: the specifications for the pruning of palm trees are as follows:
1. While making an approach to the palm crown for pruning, CONTRACTOR shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality. Upon finding any condition suggestive of a structural abnormality of the palm stem, CONTRACTOR shall report to an Urban Forest Inspector immediately.
2. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree. At no time shall a chainsaw be used to prune any frond from any palm tree in CITY. The use of chainsaws to prune any frond from any palm tree will result in the penalties described in Part Seven (7). Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -25-
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ornamental ball or nut, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds.
3. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any palm tree in CITY. Failure to adhere to this standard will result in the penalties described in Section 7. Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with and can cause staining to hardscape elements. CONTRACTOR shall be responsible for removing palm fruit-related stains from private property hardscape elements.
4. Maintenance of the ornamental ball or nut, located at the upper portion of the palm trunk, directly below the live fronds, shall be as described by species as follows:
Phoenix canariensis (Canary Island Date Palm): spent petiole bases shall be formed into an ornamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown.
Ornamental balls with flattened or “stop sign” sides will not be accepted. The upper portion of the ornamental ball shall not taper in, resulting in a “pineapple” appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit, and flowers from any palm tree in CITY, CONTRACTOR may use a chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in shaping and maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. CONTRACTOR shall use care not to cut into live trunk tissue while maintaining the ornamental ball. CONTRACTOR shall remove any foreign plant material that has sprouted in an ornamental ball. CONTRACTOR shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned.
Phoenix dactylifera (Date Palm): spent petiole bases are left to form a supportive “nut” below the lowest green fronds of the crown. Unlike the ornamental ball of a Phoenix canariensis (Canary Island Date Palm), the nut does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the nut, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit, and flowers from any palm tree in CITY, CONTRACTOR may use a chainsaw in forming and/or shaping the nut of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard.
CONTRACTOR shall use care not to cut into live trunk tissue while maintaining the nut. CONTRACTOR shall verify that the nut meets the standard described herein each time a Date Palm Island Date Palm is pruned.
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Syagrus romanzoffianum (Queen Palm): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.
Archontophoenix cunninghamiana (King Palm): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged.
Washingtonia robusta (Mexican Fan Palm): spent petiole bases are left uniformly long to form a nut which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand tools, CONTRACTOR shall skin the trunk area below the nut clean without causing damage to live trunk tissue. CONTRACTOR shall verify that the nut meets the standard described herein each time a Mexican Fan Palm is pruned.
Washingtonia filifera (California Fan Palm): spent petiole bases are left uniformly long to form a nut which shall extend no more than eight (8) feet below the lowest live frond in the crown. Using hand tools, CONTRACTOR shall skin the trunk area below the nut clean without causing damage to live trunk tissue. CONTRACTOR shall verify that the nut meets the standard described herein each time a California Fan Palm is pruned.
SECTION D – TREE REMOVAL
Tree Removal
Any tree work performed on a CITY tree must be done according to CITY’s specification.
Tree Removal: Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system by grinding.
Specifications for tree removal: the specifications for tree removal are as follows:
1. CONTRACTOR shall comply with all general specification standards described herein.
2. The diameter price given by CONTRACTOR for tree removals shall be inclusive of all staff, materials, and equipment necessary to remove trees as described herein.
3. As stated previously herein, CONTRACTOR shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. CONTRACTOR shall notify CITY’s Arborist or designated representative, in writing, of any condition that prevents the removal of a tree and/or the grinding of its root system. CONTRACTOR shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins.
4. CONTRACTOR shall comply with wildlife protection standards described herein.
5. CONTRACTOR shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting an Urban Forest Inspector for assistance. The errant removal of trees shall be penalized as described in Part Seven (7).
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6. During a tree removal, CONTRACTOR shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment.
At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Loss of control incidents shall be penalized as described in Part Seven (7).
7. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in CITY. Crane operators shall be certified by the Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in CITY. The use of cranes and certified operators shall not result in additional charges to CITY.
8. While loading and handling debris, CONTRACTOR shall always maintain control so as not to result in damage to the public rights or way or private property. In addition, CONTRACTOR shall not drop logs or trunks to create undue noise or impact shock related damage to public and/or private property.
9. Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chip will not be used as a backfill material.
10. Clean up after a tree removal and/or stump grinding shall include the repair of any barren areas or divots created during the tree removal by filling with topsoil and seeding with a fescue turfgrass seed. Seed shall be covered by a one-quarter (1/4) inch topdressing of well decomposed organic fines.
11. CONTRACTOR shall be responsible for the repair of any private property irrigation system components damaged during tree removal or stump grinding. Repairs shall be made using components matching those that were damaged.
12. CONTRACTOR shall inspect for, and correct, any settling that has occurred at any tree removal site for a period of no less than six (6) months after the tree removal/stump grinding has been completed. Correction is defined to include the restoration of a smooth and even grade to the parkway and the seeding and topdressing of barren areas related to the tree removal site as specified previously herein.
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SECTION E – TREE PLANTING
Tree Planting
Any tree work performed on a CITY tree must be done according to CITY’s specifications.
Tree Planting: Tree planting consists of the installation of nursery stock containers or palm trees supplied by CONTRACTOR.
Specifications for tree planting: the specifications for tree planting are as follows:
1. CONTRACTOR shall comply with all general specification standards described herein.
2. As stated previously herein, CONTRACTOR shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. CONTRACTOR shall assume full responsibility for any damage that occurs during the planting of any tree.
3. CONTRACTOR shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being planted (American Horticultural Industry Association-American Standard for Nursery Stock 2014).
4. Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees.
5. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected.
6. CONTRACTOR shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting an Urban Forest Inspector for assistance. In excavating planting pits, CONTRACTOR shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be compacted sufficiently so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, CONTRACTOR shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted.
7. All nursery containers and box sides shall be removed from tree root balls prior to planting. CONTRACTOR shall not install trees with box bottoms left on. All container debris (e.g. strapping, box fragments, nails) shall be removed from the planting pit prior to backfilling.
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8. CONTRACTOR shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), CONTRACTOR shall install the tree or palm so that the top of root ball is two (2) inches above surrounding grade.
CONTRACTOR shall not resort to cutting or trimming the root ball as a means of meeting grade standards.
9. CONTRACTOR shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines.
10. CONTRACTOR shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand.
11. While backfilling, CONTRACTOR shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill. Once the water has drained, CONTRACTOR shall resume backfilling the planting pit.
A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball.
The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree.
12. CONTRACTOR shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree’s crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes.
The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using Century Universal Tree Ties (or CITY approved equivalent) installed as per manufacturer’s specifications.
13. Upon completion of the planting of a tree, CONTRACTOR shall seed and topdress any barren areas within ten (10) feet of the center of the trunk of the tree.
The seed shall be a tall fescue turfgrass type applied at a rate of one (1) pound per one hundred (100) square feet. The seed shall be top-dressed with welldecomposed organic fines, spread evenly with a topdressing roller, at a depth of one eighth (.125) inch. Use of manure, native soil or chip top dressings will not be allowed. CONTRACTOR shall include seed establishment information for the property owner in the mailed notification prior to every tree planting.
14. CONTRACTOR shall automatically water all newly planted trees, planted by CONTRACTOR, no less than one time per week for a period of one year, beginning the day the tree is planted. During the one-year period, trees lost to lack of water will be replaced by CONTRACTOR at no cost to CITY.
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15. CONTRACTOR shall not use hoses, equipment or water from private properties while installing or watering-in parkway trees.
SECTION F—TREE WATERING
Tree Watering
Any tree work performed on a CITY tree must be done according to CITY’s specification.
Tree Watering: Tree watering consists of the irrigation of young trees which have been installed by CONTRACTOR and the irrigation of other trees as directed by CITY.
Specifications for tree watering: the specifications for tree planting are as follows:
1. CONTRACTOR shall comply with all general specifications standards described herein.
2. As stated previously herein, CONTRACTOR shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. CONTRACTOR shall take all responsibility for any damage that occurs during the planting of any tree.
3. CONTRACTOR shall not use hoses, equipment, or water from private properties when watering parkway trees.
4. While performing tree watering, CONTRACTOR shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein.
5. Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree’s surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated.
6. CONTRACTOR shall maintain a daily log of trees watered. The log shall list the tree watered by site (e.g. 0000 N. Any Street F-1). A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by CONTRACTOR.
7. CONTRACTOR shall automatically water all newly planted trees, planted by the CONTRACTOR, no less than one time per week for a period of one year, beginning the day the tree is planted. During the one-year period, trees lost to lack of water will be replaced by CONTRACTOR, at no cost to CITY.
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PART 5: Liquidated Damages
It is mutually agreed by CONTRACTOR and CITY that if completion of certain services to be provided by CONTRACTOR under this Agreement specified below are delayed or not performed to CITY’s full satisfaction, not as a penalty, but as a reasonable estimate of the damages that CITY will suffer, the following amounts set forth in the table below may be applied until the performance standards are met as determined by CITY. CITY may, at its election, deduct the sum of the liquidated damages owed by CONTRACTOR from any sum owed or to be owed to CONTRACTOR (e.g., invoice payment withheld). Notwithstanding the foregoing, CITY and CONTRACTOR agree that this liquidated damage provision shall only apply to damages caused by CONTRACTOR’s failure to meet the performance standards and shall not apply to or limit any other type of damages suffered by CITY under this Agreement.
Liquidated damages, as described below may be assessed each day or per occurrence where the service is not properly performed or not provided as required under the Agreement. CITY requires performance to the standards described throughout the Agreement.
This is in addition to CITY’s other remedies allowed by law, including the contractual requirement that the condition be remedied. CITY, in its discretion shall determine whether CITY will issue a warning prior to imposing the liquidated damages.
Worker without proper uniform and/or
safety apparel, vehicle without proper
signage
$100.00 per occurrence
Failure to properly notice prior to the
commencement of non-emergency work
$100.00 per occurrence
Use of gasoline powered handheld or
backpack blower
$100.00 per occurrence
Debris or trash left in area that has been
vacated by workers
$100.00 per occurrence
Postings left in place after work has been
completed and area vacated by workers
$100.00 per occurrence
Staging debris in traffic lane(s) for more than
one (1) hour after generation of same
debris/unattended debris
$100.00 per occurrence
Failure to post warning signage when
operating equipment in pedestrian/vehicular
traffic area, violation of traffic control
standards, lack of required flag person(s)
$200.00 per occurrence
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Disposal of debris at unauthorized sites (e.g.
residential trash receptacles, commercial
trash dumpsters, park site waste containers)
$500.00 per occurrence.
Pruning in a manner that leaves tissue tears
on remaining limbs
$500.00 per tree
Equipment leaking fluids $500.00 per occurrence + cost to mitigate damage
Disfigurement/errant removal of CITY tree $500.00 per occurrence + cost to mitigate value of loss in accordance with “Council of
Tree and Landscape Appraisers, Guide for
Plant Appraisal, 9th edition.
Failure to respond to emergency or after
hours tree service requests within one (1)
hour
$500.00 per occurrence
Unauthorized use, transport and/or storage
of any chemical insecticide, herbicide,
fungicide product in the CITY
$1000.00 per occurrence + possible
Agreement termination
Loss of control incident $1000.00 per occurrence + cost to mitigate damage + possible Agreement termination
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 NonEmergency 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.
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.
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Trousdale Estates Area Construction
Special Transportation-Related Measures
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Background
The City of Beverly Hills desires to enhance the safety for residents and workers in the Trousdale Estates area in recognition of the significant levels of construction-related activity and the street grades. On June 17, 2014, the Beverly Hills City Council directed staff to implement a series of measures to address large trucks travelling to/from construction sites in the area and construction-related parking. The City will also be adding signage and striping to the primary streets in the area to enhance general motor-vehicle safety.
The City will be monitoring the effectiveness of these measures and will likely fine-tune them over time. However, all these conditions are applicable until you are officially notified to the contrary.
The City has adopted measures for vehicle and traffic safety outlined in this document and has established a gross weight limit of 50,400 lbs. for all construction-related vehicles travelling to and through the Trousdale Estates area.
Applicability
The measures described in this document are applicable to any construction project (buildings or infrastructure) that requires a City of Beverly Hills permit. These measures also may be applicable to any major HVAC (mechanical) project that may require heavy equipment or cranes. These measures apply to all projects including those permitted prior to June 17, 2014.
Summary
The special transportation-related measures developed for the Trousdale Estates area are grouped into five sections as described in the following document:
Section 1: Construction-related Vehicle Important Information (pg. 2 – 4) A. Heavy Vehicle Inspection Requirement
B. Secondary Braking System
C. Heavy Vehicle Routes
D. Maximum Loaded Weight
E. Advanced Notice of Larger Vehicles
F. Safe Truck Driving Practices
G. Time Limits of Construction-related Vehicles
Section 2: Construction-related Parking Requirements (pg. 5) Section 3: Construction Traffic Management Plan (pg. 5 & Attachment B) Section 4: Construction Work Hours and Days (pg. 5)
Section 5: Compliance and Remediation (pg. 6)
Section 6: Contractor/Owner Acknowledgment (pg. 6 & Attachment C) For questions regarding these special measures, please contact the Department of Community Development:
Trousdale Estates Measures Information – 310.285.1000 or [email protected] For construction project specific questions, contact your assigned Project Building Inspector. Project Building Inspectors are available by phone or e-mail. Office hours are Monday through Thursday mornings, 7:30 a.m. to 8:00 a.m. and afternoons 4:00 p.m. to 5:00 p.m. Friday office hours are in the afternoon only, 3:00 p.m. to 4:00 p.m.
Section 1: Construction-related Truck Traffic
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A. Heavy Vehicle Inspection is required for vehicles over 26,000 pounds The City requires that the vehicles listed below be physically inspected and certified by the City’s agent annually. Any vehicle with a gross vehicle weight rating over 26,000 pounds. Any vehicle with a gross vehicle weight rating over 10,000 pounds with three or more axles. Any trailer or semitrailer with a gross vehicle weight rating over 10,000 pounds and or used in combination with the vehicles listed above.
The vehicle owner/operator is required to establish a Vehicle Inspection Permit with the city of Beverly Hills prior to scheduling an inspection with Trukspect. The applicant must contact the Community Development Department to apply and pay for the Vehicle Inspection Permit.
Contact: Customer Service–Trousdale Traffic Safety
Email: [email protected]
Phone: 310-285-1000
After the Vehicle Inspection Permit has been established, the owner/operator will be responsible to contact the City’s inspection agency.
Inspection Agency: Trukspect, Inc.
Contact: Bill Velez, 626-307-5400
Inspection Location: Mutually agreed upon location with the owner/operator.
The City’s inspection process does not eliminate or alter the requirement to comply with the California BIT (Biennial Inspection of Terminals) Program.
After the City’s agent has certified that the truck has complied with City safety standards, the owner/operator will be responsible to provide the “approved” Vehicle Inspection Report to the City’s Development Services Division, via email to [email protected]. The owner/operator will be provided with a decal which must be affixed to the vehicle on the driver’s side door (either above or below the declared weight sticker) or to the front a-frame hitch area of a trailer near the data plate. The corresponding documentation must be available in the vehicle at all times for review by any agent acting on behalf of the City.
The City has a current list of “certified” vehicles that have passed this inspection process, which is published weekly on the City’s website www.beverlyhills.org/trousdale in Section 1 - Trousdale Certified Vehicles.
B. Secondary Braking System
Any vehicle over 10,000 pounds Gross Vehicle Weight (GVW) with three or more axles must also contain a secondary braking system that is deemed adequate by the City’s vehicle inspection agent. Such systems include, but are not limited to, mechanical engine brakes, exhaust brakes, electronic driveline retarders and hydraulic transmission retarders.
Class 7 vehicles (26,001 – 33,000 GVW) are uncommonly constructed with secondary braking devices and therefore required to be inspected, but not contain a secondary braking device unless they adhere to the CHP standard of “over 10,000 pounds GVW with three or more axles.” Class 8 vehicles (33,001 GVW – AND GREATER) are commonly constructed with secondary braking devices and generally fit the profile of “over 10,000 pounds GVW with three or more axles.” C. Heavy Vehicle Routes (for any vehicle subject to the City’s Heavy Vehicle Inspection) Any vehicle subject to the City’s Heavy Vehicle Inspection (exceeds 26,000 pounds GVW and any vehicle over 10,000 pounds GVW with three or more axles) must follow a pre-defined route when entering and exiting the Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -35-
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Trousdale Estates area. The map found on Attachment A: Trousdale Estates area Construction-related Truck Routes provides the prescribed route according to the property location.
Vehicles travelling to/from properties in:
Zone 1 – Enter the Trousdale Estates area from the south (via Schuyler Road or Loma Vista Drive) and exit to the north (via Cherokee Lane).
Zone 2 – Enter and exit the Trousdale Estates area from the south (via Loma Vista Drive or Hillcrest Road). Access to Wallace Ridge is from Loma Vista or Hillcrest Road, whichever is more direct.
Only one heavy vehicle is allowed per job site at a time, and the staging of multiple vehicles is not allowed within Beverly Hills city limits.
D. Maximum Loaded Weight – 50,400 pounds (for all construction related vehicles) The maximum loaded weight allowed for any construction-related vehicle travelling on the streets within the Trousdale Estates area is 50,400 pounds. This includes the weight of the vehicle, trailer, passengers, equipment, payload, and any other items associated with the vehicle.
If any City representative (i.e. Police official, Building Inspector, or Code Enforcement) finds that a truck exceeds this limit, they will deny access to the Trousdale Estates area or require it be weighed at a commercial scale to demonstrate that it does not exceed the 50,400-pound limit.
E. Required Advanced Notice of Larger Vehicles (Vehicles over 26,000 pounds and 10,000 pounds with 3 or more axles) – Email [email protected] for approval.
For any vehicle subject to the City’s Heavy Vehicle Inspection process (exceeds 26,000 pounds GVW), the City and the Project Building Inspector must be notified no later than 24 hours in advance (excluding weekends and holidays) of any travel in the Trousdale Estates area.
The general contractor for the project must email [email protected] up to 30 days in advance, and no later than 24 hours in advance to gain approval to haul within the Trousdale Estates area. Required information includes completing a notification form outlining the following information:
Date and Time of Haul
Type of vehicle and Company Name
Certification Number (Decal Number of vehicle)
Destination within Trousdale Estates area and Designate Hauling Route (Zone 1 or Zone 2) Valid Right Of Way (Street Use) Permit for any vehicles that will be parked on the street The contractor must receive a returned email from the City, acknowledging receipt and approval of the details of the heavy haul request prior to the truck gaining access to the Trousdale Estates area. A printed copy of the dated approval email, vehicle certification decal and Inspection report is required to be with the operator and furnished upon request.
Important contact information:
Trousdale Email – [email protected]
Trousdale phone – 310.285.1000
F. Safe Truck Driving Practices (Vehicles over 10,000 pounds) All trucks are required to use their lowest gear when travelling downhill. All trucks are not permitted to pass another vehicle while in a drive lane.
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Any construction-related truck with an optional 4th axle is required to deploy the 4th axle when travelling within the Trousdale Estates area, regardless of whether it is carrying a load.
Time Limits of Construction-related Vehicles
All Construction-related vehicles in excess of 10,000 pounds (Gross Vehicle Weight as established by the manufacturer) are only allowed to be in the Trousdale Estates area between the hours of 8:30 AM and 3:15 PM on weekdays (excluding Holidays).
Section 2: Construction-Related Parking
Contractors, or their agents, are allowed to park on the project site (off street), provided they do not overhang the sidewalk or curb in any manner. A “Construction Related Parking Permit” is to be obtained by the general contractor at the time of issuance of the building permit. Each construction site is allowed to park, at maximum, two vehicles on-street immediately in front of the job site during construction hours. This permit must be displayed in the vehicles while parked in the Trousdale Estates area and must be renewed to avoid citation and or violations.
Contractors needing additional parking for workers’ personal vehicles, equipment, etc. must find a suitable location outside of the Trousdale Estates area, with Greystone Mansion being an exception. The City’s website (Parking Services section) contains a list of potential off-site parking facilities. However, it is the contractor’s responsibility to obtain an agreement to use the facilities and pay any related fees.
As part of the Construction Traffic Management Plan (Attachment B), the prime contractor must indicate the location and duration of any off-site parking they have secured.
The limitation regarding on-street parking does not apply to contactors doing street-related maintenance, such as utility projects or road repair.
A current list of parking structures within the City of Beverly Hills and their associated daily/monthly rates can be found at http://www.beverlyhills.org/citygovernment/parkingservices/parkinglocationsmap/ or by visiting www.beverlyhills.org/trousdale.
Section 3: Construction Traffic Management Plan
Prior to issuance of a building permit or approval to haul within the Trousdale Estates area, the prime contractor must complete the attached Construction Traffic Management Plan (Attachment B) regarding the subject project and receive approval from the City as to its completeness.
The prime contractor is required to provide this information for the life of the project. Attachment B can be amended based on a change in construction schedule or scope as needed.
Section 4: Established City-wide Construction Work Hours No person shall engage in construction, maintenance or repair work which requires a city permit between the hours of six o'clock (6:00) P.M. and eight o'clock (8:00) A.M. of any day. No work which requires a city permit is allowed on Saturday, Sunday or public holiday. For the purpose of this section, "public holiday" shall mean:
1. New Year's Day.
2. Martin Luther King Jr. Day.
3. Presidents Day.
4. Memorial Day.
5. Independence Day.
6. Labor Day.
7. Yom Kippur.
8. Veterans Day.
9. Thanksgiving Day.
10. Friday after Thanksgiving.
11. Christmas Day.
No person employed for the purposes of construction, maintenance, or repair work which requires a city permit shall enter a site on which such work will be done prior to eight o'clock (8:00) A.M. Any violation of this subsection shall be deemed to be an infraction.
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Section 5: Compliance and Remediation
As expressed by the City Council, the City of Beverly Hills has “zero tolerance” for any non-compliance with the conditions outlined in this document. There will be no warnings, second-chances, or excused violations. Failure to comply with these conditions, as determined by Development Services or their agents, will result in the following at the discretion of the Building Official:
Complete shut-down of the project site until remedial measures are completed Completion of a driver training program as identified by the City Citation of any trucks found not to be in compliance with the City’s program Revisions to the project’s construction traffic management plan Special investigation fee assessment
Section 6: Contractor Acknowledgment
Attachment C: Contractor/Owner Acknowledgment must be signed and returned to the City of Beverly Hills at [email protected] prior to the issuance of any new building permits and for permits issued prior to June 17, 2014, before any project site construction deliveries or pickups are authorized within the Trousdale Estates area.
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Attachment A
Trousdale Estates area Construction-related Truck Routes The City must be notified via email at least 24 hours in advance of any hauling activity for vehicles subject to the City’s Heavy Vehicle Inspection process (exceeds 26,000 pounds GVW or 10,00 pounds with 3 or more axles).
The general contractor must complete the attached form and email at least 24 hours in advance of any travel in the Trousdale Estates area. The attached form should be completed and sent to your associated Building Inspector and to the following email address: [email protected].
The contractor must receive a reply email from the City, acknowledging receipt and approval for hauling in the Trousdale Estates area, prior to the truck arriving in the Trousdale Estates area.
Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 r - -- ·- ·-· -
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Attachment B
Trousdale Estates Construction Traffic Management Plan
Send completed form to: [email protected]
Job Site Address:
Project Description:
Contact Name:
Phone:
Email:
Job Start and End Dates:
Building Permit Number:
Right of Way Use Permit Number*:
Heavy Vehicles
Activities that will involve vehicles subject to the City’s Heavy Vehicle Inspection (defined as vehicles with a GVW in excess of 26,000 pounds and/or 10,000 pounds with 3 or more axles):
Type of Activity Vehicle Type Daily # of Vehicles Start Date End Date
*All vehicles are required to be parked on-site during delivery/hauling. A Right of Way Permit must be obtained by the general contractor for any oversized vehicles requiring on street parking.
Off-Site Parking Provisions
Location of off-site parking secured by contractor:
Signature and Date:
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Attachment C
CONTRACTOR/OWNER ACKNOWLEDGMENT
The following must be signed and returned to the City of Beverly Hills at [email protected] prior to the issuance of any building permits in the Trousdale Estates area.
I, the undersigned, hereby certify that I have received a copy of the special transportation-related measures for construction in the Trousdale Estates area of Beverly Hills and understand the regulations hereto. I hereby agree to comply with the City’s restrictions, policies and procedures in connection with the work to be performed in the Trousdale Estates area by myself and/or my company. I further agree that I am responsible for all sub-contractors and material suppliers’ adherence to these requirements.
Construction Property Address:
Building Permit Number:
Name (PRINT):
Company:
Phone:
Email:
Signature:
Date:
Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -41-
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ATTACHMENT 2 TO EXHIBIT A
Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -42-
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Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 City of Beverly Hills
GIS Data Exchange Standards
I. Purpose:
The purpose of these standards is to provide guidance for development of Geographic Information System (GIS) data prepared for and delivered to the City of Beverly Hills. GIS data standards ensure data quality and compatibility between departments, agencies, and projects.
IL Contact City Enterprise GIS Program:
Firms developing GIS data and corresponding maps for the City of Beverly Hills must contact the City Enterprise GIS Program at the start of projects to verify data needs, accuracy, and hosting requirements. If GIS data will be sufficiently complex, conceptual data models (entity/attribute diagram, data dictionary, schema) must be submitted for review prior to data creation.
Data should be delivered to the City Enterprise GIS Program prior to project completion for review. Adherence to these standards will be confirmed. Data can be submitted via ftp or physical media (hard drive, DVD, usb drive).
Ill. Horizontal Spatial Reference Standard:
The City uses the following horizontal spatial reference standard:
Name: NAD 1983 State Plane California V FIPS 0405, US Feet Projection: Lambert Conformal Conic
False Easting: 6561666.66666667
False Northing: 1640416.66666667
Central Meridian: -118.00000000
Standard Parallel_l: 34.03333333
Standard Parallel_2: 35.46666667
Latitude of Origin: 33.50000000
Linear Unit: US Survey Feet
New survey data can be in:
Name: NAD 1983 2011 State Plane California V FIPS 0405, US Feet Projection: Lambert Conformal Conic
False Easting: 6561666.66666667
False Northing: 1640416.66666667
Central Meridian: -118.00000000
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Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 City of Beverly Hills
GIS Data Exchange Standards
Standard Parallel_1: 34.03333333
Standard Parallel_2: 35.46666667
Latitude of Origin: 33.50000000
Linear Unit: US Survey Feet
IV. Vertical Standard:
The City uses the following vertical standard:
NA VD 88 datum
V. Accuracy
Refer to The FGDC Recommended Accuracies and Tolerances: Engineering, Construction, and Facility Management Projects table for the relative accuracy required for different project types:
https://www.fgdc.gov/standards/projects/accuracy/part4[FGDC_-endorsed-standard.
VI. Vector Data
The following are acceptable vector formats:
• File geodatabase feature classes and supported data types • GeoPackage
Naming:
• Feature class names should be 30 characters or less
• Use Pascal Case (e.g. WaterMains)
Attribute Standards
• Field names in all caps.
• Null should only represent values that are not known. Values such as -1, 999 should not be used when a value is unknown, but rather a null value. • Boolean values should be represented by a single character data type with values ofY orN.
• Dates should be stored using the database's native datetime format. • For edited feature classes, use of the ESRI built in editor tracking functions is recommended, including separate fields for created and modified information (for a total of 4 attributes).
• Use coded domain values.
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Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 City of Beverly Hills
GIS Data Exchange Standards
Topology Standards
• Snapping tolerances: ensure coincidence of vertices for common feature geometries • For datasets representing one-way networks, lines should be digitized in the direction of flow.
• All tables should include a unique identifier that is distinct from the primary key created by the parent database system. This not the same as the OBJECTID or FID. • Within geometric networks, the unique IDs for both the from- and to- nodes should be stored as separate attributes on the joining edge feature.
VII. Raster Data
The following are accepted raster formats:
• ESRI Standard Raster Format
• Tagged Image File Format (TIFF)
• Geo-TIFF
• Joint Photograph Experts Group (JPEG)
• Digital Elevation Model (DEM)
VIII. Metadata
Use FGDC CSDGM metadata template.
• Purpose: Briefly describe why the data set was created • Abstract (Description): Briefly describe what the data or object is about (who, what, where & when). Include any limitations of the dataset or assumptions made. • Tags: Select appropriate topic category
• Date: Publication date
• Contact: Data creator name and company/organization
• Accuracy: Statement of accuracy for attributes ( data quality). Positional accuracy for vertical and horizontal data (surveyed or digitized).
• Field Definitions: Description of each field
IX. Infor Layers
The following layers have a defined schema. Please use the existing schema for creating new features and perform edits on a synchronization of the latest data with Infor. • Facilities
• Buildings (City Owned)
• Parks
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Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 City of Beverly Hills
GIS Data Exchange Standards
• Sewer Laterals
• SewerMains
• Sewer Manholes
• Sewer Nodes
• StormDrainCatchBasins
• StormDrainLaterals
• StormDrainMains
• StormDrainManholes
• StormDrainNodes
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in Exhibit A in an amount not to exceed amounts set forth in City authorized purchase orders at the rates set forth in this Exhibit which include labor, taxes, materials, expenses, and shipping/delivery. In no event shall the Agreement total exceed Twenty-Seven Millon, Three Hundred Eighty-Four Thousand, Seven Hundred Fourteen Dollars ($27,384,714), including contingency, labor, taxes, materials, expenses, and shipping/delivery over the seven year term, if extended.
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RATE SCHEDULE
Hardwood Tree Trimming: Unit Price in Figures
Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 Full prune-hardwood tree 0-6 inch DBH (diameter breast height) Full prune-hardwood tree 7-16 inch DBH
Full prune-hardwood tree 17-24 inch DBH
Full prune-hardwood tree over 24 inch DBH
Full prune-hardwood tree 0-6 inch DBH night/weekend
Full prune-hardwood tree 7-16 inch DBH night/weekend
Full prune-hardwood tree 17-24 inch DBH night/weekend
Full prune-hardwood tree over 24 inch DBH night/weekend Crown Raising/Safety Prune-hardwood tree 0-6 inch DBH
Crown Raising/Safety Prune-hardwood tree 7-16 DBH
Crown Raising/Safety Prune-hardwood tree 17-24 inch DBH Crown Raising/Safety Prune-hardwood tree over 24 inch DBH Crown Raising/Safety Prune-hardwood tree 0-6 inch DBH night/weekend Crown Raising/Safety Prune-hardwood tree 7-16 inch DBH night/weekend Crown Raising/Safety Prune-hardwood tree 17-24 inch DBH night/weekend Crown Raising/Safety Prune-hardwood tree over 24 inch DBH night/weekend Palm Tree Trimming:
Canary Island Date Palm prune
$ 70.00
$ 225.00
$375.00
$ 675.00
$130.00
$ 325.00
$ 625.00
$895,00
$ 70.00
$140.00
$ 245.00
$ 345.00
$ 70.00
$140.00
$245.00
$ 345.00
$ 345.00
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Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 Canary Island Date Palm prune night/weekend
Mexican/California/Hybrid Fan Palm prune
Mexican/California/Hybrid Fan Palm prune night/weekend
King/Queen Palm prune
King/Queen Palm prune night/weekend
Tree Removal:
Tree and Stump removal per inch trunk DBH
Stump grinding per stump diameter inch at grade
Tree Stock:
24 inch Box
36 inch Box
48 inch Box
Mexican Fan Palm per foot BTH (brown trunk height)
Tree Installation:
24 inch Box
36 inch Box
48 inch Box
Mexican Fan Palm 10-30 feet BTH
Tree Watering:
Watering of young trees, water trunk/operator-per day
Day Rate Crew:
Boom truck w/chip body, low decibel chipper, operator, ground person per eight (8) hour day
$ 445.00
$110.00
$145.00
$ 60.00
$ 90.00
$ 69.00
$ 29.00
$ 245.00
$ 745.00
$ 1,595.00
$ 125.00
$ 245.00
$ 745.00
$.1,595.00
$ 795.00
$ 1,050.00
$2,100.00
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The Rate Schedule set forth above for all Services under this Agreement shall remain in effect through Year 2 (March 31, 2027). Beginning Year 3 (April 1, 2027), the Rate Schedule is subject to annual cost adjustments based on the Consumer Price Index (CPI).
In no event shall this Agreement total exceed Twenty-Seven Million, Three Hundred Eighty-Four Thousand, Seven Hundred Fourteen Dollars ($27,384,714).
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.
Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 Call in Crew;
Per fully equipped per man, per hour, cost, crew called in for unscheduled service
Emergency Crew:
Per fully equipped cost per man, per hour, crew called in for emergency service nights/weekends
$ 130.00
$ 185.00
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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:
RM02.DOC REVISED 10/14/96.
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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 Department 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 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 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 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, section 200 et seq. concerning the employment of apprentices on public works projects. CONTRACTOR shall Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 -52-
B0785-0001\3060967v5.doc
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 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 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 CITY) 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.
Docusign Envelope ID: 2E2673FC-7E9B-4487-A2E4-F784389C3919 Certificate Of Completion
Envelope Id: 2E2673FC-7E9B-4487-A2E4-F784389C3919 Status: Sent Subject: Complete with Docusign: West Coast Arborists, Inc. - Tree Maintenance Services Source Envelope:
Document Pages: 52 Signatures: 7 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
3/4/2025 4:16:34 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Patrick Mahoney
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 174.195.129.239
Signed using mobile
Sent: 3/4/2025 4:31:42 PM
Viewed: 3/4/2025 4:32:17 PM
Signed: 3/4/2025 4:32:25 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
RICHARD MAHONEY
[email protected]
VP/Secretary
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 70.93.179.139
Signed using mobile
Sent: 3/4/2025 4:31:43 PM
Viewed: 3/4/2025 5:04:23 PM
Signed: 3/4/2025 5:04:34 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.90.76.115
Signed using mobile
Sent: 3/4/2025 5:04:36 PM
Viewed: 3/4/2025 5:40:10 PM
Signed: 3/4/2025 5:40:27 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 3/4/2025 5:40:29 PM
Resent: 3/5/2025 7:52:41 AM
Viewed: 3/5/2025 9:02:16 AM
Signed: 3/5/2025 9:02:19 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
? 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: 3/5/2025 9:02:22 AM
Viewed: 3/5/2025 10:30:03 AM
Signed: 3/5/2025 10:32:47 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Daren Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.177
Sent: 3/5/2025 10:32:50 AM
Viewed: 3/5/2025 10:33:28 AM
Signed: 3/5/2025 10:33:40 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.177
Sent: 3/5/2025 10:33:42 AM
Resent: 3/6/2025 7:35:34 AM
Viewed: 3/6/2025 8:40:10 AM
Signed: 3/6/2025 8:43:54 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 3/6/2025 8:43:56 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/4/2025 4:31:43 PM
Payment Events Status Timestamps
Attachment 2
ANNUAL TREE MAINTENANCE
SERVICES WITHIN CITY LIMITS
Cost Proposal Summary
Category Service/Item Unit of Issue
Great Scott
Proposal
WCA Proposal
%
Difference
(GS vs WCA)
Hardwood Tree Trimming Full prune-hardwood tree 0-6 inch DBH (diameter breast height) ea 69.00 70.00 1% Hardwood Tree Trimming Full prune-hardwood tree 7-16 inch DBH ea 239.00 225.00 -6% Hardwood Tree Trimming Full prune-hardwood tree 17-24 inch DBH ea 429.00 375.00 -13% Hardwood Tree Trimming Full prune-hardwood tree over 24 inch DBH ea 749.00 675.00 -10% Hardwood Tree Trimming Full prune-hardwood tree 0-6 inch DBH night/weekend ea 99.00 130.00 31% Hardwood Tree Trimming Full prune-hardwood tree 7-16 inch DBH night/weekend ea 269.00 325.00 21% Hardwood Tree Trimming Full prune-hardwood tree 17-24 inch DBH night/weekend ea 469.00 625.00 33% Hardwood Tree Trimming Full prune-hardwood tree over 24 inch DBH night/weekend ea 799.00 895.00 12% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree 0-6 inch DBH ea 49.00 70.00 43% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree 7-16” DBH ea 99.00 140.00 41% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree 17-24 inch DBH ea 119.00 245.00 106% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree over 24 inch DBH ea 139.00 345.00 148% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree 0-6 inch DBH night/weekend ea 49.00 70.00 43% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree 7-16 inch DBH night/weekend ea 109.00 140.00 28% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree 17-24 inch DBH night/weekend ea 169.00 245.00 45% Hardwood Tree Trimming Crown Raising/Safety Prune-hardwood tree over 24 inch DBH night/weekend ea 219.00 345.00 58% Palm Tree Trimming Canary Island Date Palm prune ea 279.00 345.00 24% Palm Tree Trimming Canary Island Date Palm prune night/weekend ea 319.00 445.00 39% Palm Tree Trimming Mexican/California/Hybrid Fan Palm prune ea 89.00 110.00 24% Palm Tree Trimming Mexican/California/Hybrid Fan Palm prune night/weekend ea 119.00 145.00 22% Palm Tree Trimming King/Queen Palm prune ea 49.00 60.00 22% Palm Tree Trimming King/Queen Palm prune night/weekend ea 89.00 90.00 1% Tree Removal Tree and Stump removal per inch trunk DBH per inch 59.00 69.00 17% Tree Removal Stump grinding per stump diameter inch at grade per inch 29.00 29.00 0% Tree Stock 24 inch Box ea 179.00 245.00 37%
Tree Stock 36 inch Box ea 579.00 745.00 29%
Tree Stock 48 inch Box ea 1,379.00 1,595.00 16%
Tree Stock Mexican Fan Palm per foot BTH (brown trunk height) ea 69.00 125.00 81% Tree Installation 24 inch Box ea 169.00 245.00 45%
Tree Installation 36 inch Box ea 479.00 745.00 56%
Tree Installation 48 inch Box ea 889.00 1,595.00 79%
Tree Installation Mexican Fan Palm 10-30 feet BTH ea 589.00 795.00 35% Tree Watering Watering of young trees, water trunk/operator-per day per day 879.00 1,050.00 19% Day rate Crew Boom truck w/chip body, low decibel chipper, operator, ground; person per eight (8) hour day
Per day 2,064.00 2,100.00 2%
Call In Crew Per fully equipped per man, per hour, cost, crew called in for unscheduled service per man/hr 129.00 130.00 1% Emergency Crew Per fully equipped cost per man, per hour, crew called in for emergency service nights/weekends
per man/hr 179.00 185.00 3%