Hollister City Council
October 16, 2023

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Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth 15th) day of the following month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty(30)days of its receipt, provided, however,that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.

6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.

7. Responsibility of City: To the extent appropriate to this project, City agrees to:

7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.

7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.

7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.

7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment,elements and systems pertinent to Contractor's services.

8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.

9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:

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9.1 Workers' Compensation Insurance to cover its employees and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors'employees.

9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.

9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS 1,000,000)combined single limit personal injury and property damage for each occurrence.

9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language,except as otherwise provided:
1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract.

For Public Liability Only)
2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.
3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.

10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City,or required by law.

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11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees,agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest,which would conflict in any manner with the performances of services hereunder.

12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed,color, national origin,gender,sexual orientation,or age.

13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an employer-independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement. Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.

14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event,City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.

15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein,for those services rendered by Contractor.

16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No. other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.

17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.

18. Term;Termination: The term of this Agreement shall commence upon City's issuance to Contractor of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retention. Notwithstanding the foregoing, City may, in its sole

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discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten 10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours.

Contractor shall provide proper_facilities to City's representative(s)for access and inspection.

20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules,standards or regulations promulgated thereunder.

22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

23. Integration;Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.

24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.

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27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:

Brett Miller,City Manager
City of Hollister
375 Fifth Street
Hollister,California 95023
b. To Contractor:

Victor Gonzalez,Vice President
West Coast Arborists, Inc.
2200 E.Via Burton St.

Anaheim,CA 92806
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above writte
WEST Col CITY OF HOLLIS ER:

Patric 0. Mahoney, President Brett Miller,City Manager
ATTEST
Christine Black, MMC,City Clerk
APPROVED AS TO FORM:

Epperson Law Group PC
Jason . Ep son, City Attorney

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EXHIBIT"A"

SCOPE OF CONTRACTOR SERVICES

PROJECT SPECIFICATIONS
It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor may be required to perform the following tree maintenance activities at various sites throughout the City;

1. Tree pruning

2. Palm tree removal only

3. Tree removal

4. Crew rental

5.Emergency response.

6.Line clearance pruning

7. Clearance pruning

8. Grid pruning program

9. Root pruning

10. Specialty equipment rental

11. Arborist services/inspection

12. Plant Health Care-Foliar and pesticide treatments

13. GPS Tree Inventory

14. Data entry—work history

15. Online maintenance access*
Online maintenance is defined as Internet access to an Urban Forestry Management tool that includes work order tracking, ability to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility.

A. ANNUAL PRUNING PROGRAM
Tree pruning per pre-designed districts,grids or prune routes on a set cycle to include all trees within that grid/district. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards(Best Management Practices),the ANSI A300 Standards and City of Hollister Maintenance Standards.Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the Contract.

The intent of this Contract is to have all trees pruned a minimum of one time by the end of the 5-year contract period. Special projects that are difficult to access or projects that will require the need for specialty equipment(i.e.,95-foot tower, crane, etc.),or pruning to reduce and/or pruning to restore will fall under Crew Rental.

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B. INSPECTION OF HAZARDOUS CONDITIONS
All City trees shall receive routine maintenance and periodic inspections.The Contractor is to include in its price for services of an ISA Certified Arborist to be available to the City should the need arise.Tree problems that are clearly visible by the inspection, but not considered hazardous,will be reported to the City for direction and/or further evaluation.Also,the crew performing maintenance shall properly notify the City of any tree-related problems that are clearly visible.This may be in written form if not considered hazardous or within 24 hours if deemed hazardous. It is the intent to correct problems prior to reaching crisis levels.

C. TREE INVENTORY
The Contractor will provide the City access to a record keeping system consisting of an Internet- based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The tree inventory software program shall be an Internet-driven tracking program. The program shall have the capability to produce detailed listings of tree and site information,work histories, service requests, summary reports and pictures of City tree species.

The Contractor shall provide software support to the City for the entire term of the contract at no additional cost.

The Contractor shall provide the City with recommendations for tree maintenance, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include Address, Street, Facility, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size and type.

1. GPS Tree Inventory
Provide the City with Global Positioning System (GPS)coordinates for all trees in City right-of-way.This includes, but is not limited to,all publicly owned trees on street rights-of-way, parks, City facilities and open spaces such as medians,greenscapes, etc.

The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program,such as ArcView. Using a handheld computer and a backpack GPS receiver,the inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system,the City can consolidate the tree data with other various GPS coded programs in the City.

2. Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. The Contractor shall provide complete support rapidly with experienced staff available to the City during the hours of 6:00 A.M.to 5:00 P.M. Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City's location within a timely manner.

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PROJECT SPECIAL PROVISIONS
This project may consist of tree pruning, traffic clearance pruning, and palm removal as specified in the Project Special Provisions Contract Documents and/or Requests for Bid Proposal. All pruning methods shall comply with the.

A. DEFINITIONS
Where "as directed", "as required", "as permitted", "approve", "acceptance", or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Hollister is intended unless otherwise stated. As used herein, "provide" shall be understood tip mean "provide complete", in total. The word "site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by them and working under this contract.

B. WORK QUALITY
All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture. The Contractor shall also meet the requirements of the American National Standards, Z133-1-2006, entitled "Safety Requirements for Arboricultural Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.

The City's designated representative shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default, if they consistently fail to comply with the aforementioned standards.

C. STANDARDS
Prior to beginning the work, the Contractor shall review with the City's designated representative various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated,tree pruning shall include but not be limited to accepted pruning activities.

Daily tree pruning operations shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 5:00 P.M.

Limbs one inch (1") in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot(1')to two feet(2')from the crotch. The undercut should be at least one-third (%)of the diameter. Make the second cut one-inch (1")to three inches(3") further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible covering of the wound by callus growth. Cuts shall-not be made so large that they will prevent sap flow. All cut branches three and one-half inches(3%2")or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3)days at the Contractor's expense and to the satisfaction

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of the City's designated representative.All debris resulting from tree pruning operations shall be removed from the work site on a daily basis.

Tool Sanitation-On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.

1. Annual Tree Pruning
Tree pruning per pre-designed districts, grids or prune routes on a set cycle to include all trees.

Pruning will include structural pruning, crown raising,and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI_A300 Standards. Special projects that are difficult to access, require the need for specialty equipment (i.e., 95-foot tower, crane, etc.), or pruning to reduce and/or pruning to restore would fall under Crew Rental. a) Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements.
b) Contractor shall notify the resident forty-eight(48) hours in advance of scheduled pruning through doorhangers.
c) Contractor shall provide and post"No Parking"signs twenty-four(24) hours in advance of the work.
d) 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 and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations.

The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. e) Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site,work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA). f) No hooks,gaffs, spurs or climbers will be used for anything other than removals.

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g) Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
h) When pruning fungus, disease or fire blight infected limbs or fronds,all pruning tools shall be cleaned after each cut with alcohol or bleach. i) Topping shall not be done unless specifically requested by the City. j) The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed.All dead, broken, damaged,diseased or insect infested limbs shall be removed at the trunk or main branch.All cuts shall be made sufficiently close,1/2 inch,to the parent stem so that healing can readily start under normal conditions.All limbs 2"or greater shall be undercut to prevent splitting.

The remaining limbs and branches shall not be split or broken at the cut.All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
k) Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen (15%) percent but no more than twenty-five(25%) percent.

I) Trim to remove dead wood or weak, diseased, insect-infested, broken, low,or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
m) Small limbs, including suckers and waterspouts,shall be cut close to the trunk or branch from which they arise.
n) Heading cuts and/or topping will not be allowed under any circumstances.

Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

2. Pruning for Traffic Clearances
Tree pruning for traffic clearances shall provide clearances of at least fourteen (14')feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway,for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under"Pruning to Raise." Clearance trims are performed on a grid system or on a street-by-street basis. Clearances for adjacent structures and their connecting utility lines(service drops), shall be determined by the City's designated representative and conform to the following:
a. The minimum clearance under trees within the street right-of-way shall be fourteen (14') feet over the traveled road, and nine feet (9') over the curb line

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and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
b. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.
c.When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

3. Service Request Tree Pruning
Trees that need service prior to their scheduled grid trim for aesthetic purposes shall be trimmed within two weeks of notification by the City to the Contractor.Trees designated for aesthetic trimming shall be trimmed,shaped, and thinned.The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fourteen(14)feet over the roadway and nine (9)feet over walkways.Trees shall also be trimmed to remove any obstruction around traffic control devices,traffic signs and streetlights.Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance.

4. Tree Removals
City prepares list of trees to be removed, marks trees, notifies homeowners and submits lists to Contractor. Contractor calls Underground Service Alert(USA) and prepares internal work order.

Crew removes tree and hauls all debris. Special projects that are difficult to access with equipment,or require the need for a crane or an aerial tower over seventy-five(75')feet would fall under Crew Rental rates. The City's designated representative shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.

All wood from removed trees is the property of the City and shall be disposed of at the direction of the City. No wood shall be left along public right-of-way unless approved by the City. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed.

The transporting of tree parts must be made so that no debris escapes during the transport.

Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.

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5. Stumps
The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. The Contractor shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half(11/2')feet either side of the outer circumference of the stump. Grinding of extensive surface roots is to be done at Crew Rental.

Stumps should be cut low enough to the ground where routing can be done safely.This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day.The resultant chips from routing may be used to fill the hole to two (2") inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

6. Crew Rental
The standard crew is three men,one chipper truck,one chipper,one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming/removing specific trees that are inaccessible by equipment. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines,or broken limbs may be performed under the Crew Rental rate.

7.Emergency Response
The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two(2) hours of the initial telephone call.

Contractor shall be required to provide a twenty-four(24) hour emergency phone number or the names of at least five(5) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract,those changes shall be submitted to the City within two (2)working days.

Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.

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Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor,tools equipment,disposal fees and necessary materials.

8. Line Clearance Pruning
During the course of this contract the Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities. The Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act(OSHA) and all applicable rules,regulations and orders. The manager overseeing the project should be a Certified Utility Specialist and the persons completing the work should be Line Clearance Treeworkers.The competency of Contractor's personnel shall be maintained through regular training.All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance the "Electrical Safety Orders"of the State of California.

9. Arborist Services
On occasion,the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City's request(s)for the preparation of detailed arborist reports,tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case- by-case basis.

D. TRAFFIC CONTROL
Contractor shall conform to all City Traffic Safety requirements and operating rules at all times while this contract is in effect. The Contractor shall employee staff certified as Traffic Control Design Specialist and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA).

Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use.

Illuminated arrow boards,sign stands,delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety.

E.PUBLIC NOTICING OF TREE PRUNING OPERATIONS
Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notifications shall be made in the form of door hangers.

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City approved "No Parking" signs shall be posted on individual trees scheduled for pruning twenty-four(24) hours prior to the work being performed.

F.CLEAN UP
Contractor shall clean all job sites when work is completed, including the raking of leaves,twigs, etc.from the lawns and parkways and the sweeping of streets.

Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves,debris or equipment be left on the street overnight. Contractor's equipment may be stored overnight,with advance approval, in the City yards; however the City will not be responsible for security of Contractor's equipment.

Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned.

The City's authorized representative shall be the sole judge as to the adequacy of the cleanup.

G. DISPOSAL OF DEBRIS
As much as possible, all tree branches produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. The City will receive access to their Greenwaste Recycling report detailing the amount of debris recycled and the location.

This report to be used for compliance with Assembly Bill 939.

1. ‘Greenwaste Recycling Report:

Greenwaste that is transported to an offsite facility for grinding into mulch shall be documented and available to the City on a monthly basis.

2. Wood Chips:
a.Chips generated from pruning operations within the City may first be dumped at a City designated site.
b. At the direction of the City, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped in specified locations in the City.

3.Milling(additional service&cost):

At the direction of the City large tree trunks, which meet proper specifications may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.

H. PARKING
The City of Hollister will make every attempt to identify a suitable space for parking of vehicles and equipment for the purpose of this contract. The vendor will hold the City of Hollister

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harmless and release the City of liability as a result of theft or vandalism. Should a site not be available,then the vendor may park on City right-of-way near the project area(s).

INVOICE
Contractor shall be required to submit invoices on a bi-monthly basis. Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address of each individual tree,the species and its height and trunk diameter of each individual tree. Failure to submit invoices in this format may result in non-payment until these requirements are met.

J.INSPECTIONS
The City's designated representative, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work.

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

1. Defective or inadequate work not corrected.

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

3. A reasonable doubt that the contract can be completed for the balance unpaid.

L.MINOR MODIFICATIONS AND/OR ADDITIONAL WORK

1. The City may modify these specifications with the joint approval of the Contractor and the City of Hollister Purchasing Agent. All modifications shall be in writing.

2. In the event that the City of Hollister should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price.

3. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal.

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

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5. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within one hundred twenty (120) minutes of receipt of the call.

M. COOPERATIVE PURCHASING
It is intended that other public agencies(i.e.,city,county, school district,special district, public authority, public agency,and other political sub-division of the State of California) and/or other City departments shall have the option to participate in any agreement created as a result of this Request for Proposal with the same terms and conditions as to the price of the product and/or service.The City of Hollister shall incur no financial responsibility in connection with a purchase order from another public agency.Any public agency that "piggy-backs" on any negotiated contract between the City of Hollister and vendor shall accept sole responsibility for negotiating, placing orders and making payment to vendor.The vendor may or may not agree to the cooperative purchasing clause.

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EXHIBIT"B"

COMPENSATION AND TERM OF CONTRACT
City shall pay Contractor a total amount not to exceed$325,000.00 per year for 3 years comprised of the following:

Schedule A.-Pruning
Detailed structural pruning of various species of Street Trees Item Item-Description Unit Unit Price
No.

A.1 Tree Size 10 ft.to 20 ft.tall Per tree $109.00 A.2 Tree Size 20 ft.to 40 ft.tall Per tree $159.00 A.3 Tree Size 40 ft.and taller Per tree $259.00
Schedule B.-Tree Removal
Cost to remove various species of street trees. (Includes stump grinding to 18" below surface grade.

Item Item Description Unit Unit Price
No
B.1 Trunk Diameter 10 to 20 inches Each 555.00
B.2 Trunk Diameter 20 to 40 inches Each 1,895.00
B.3 Trunk Diameter 40 inches and over Each 2,895.00
Schedule C.-Planting
Planting of approved 15-gallon size street trees, per City Diagram, at various citywide locations.

Item Item Description Unit Unit Price
No
C.1 Planting of 15 gallon street trees Each 240.00
Schedule D.-Stump Grinding
Stump grinding 18" below surface grade at various City wide locations Item Item Description Unit Unit Price
No.

D.1 Trunk Diameter 6 to 12 inches Each 195.00
D.2 Trunk Diameter 12 to 18 inches Each 195.00
D.3 Trunk Diameter 18 to 24 inches Each 295.00
D.4 Trunk Diameter 24 to 30 inches Each 295.00
D.5 Trunk Diameter 30 to 36 inches Each 395.00
D.6 Trunk Diameter 36 to 42 inches Each 395.00
D.7 Trunk Diameter 42 inches and larger Each 495.00

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EXHIBIT"B"Compensation Continued
Schedule E.-ON CALL Tree Removal (Response time 4 hours or less) Cost to remove various species of street trees. (Includes stump grinding to 18" below surface grade) Item Item Description Unit Unit Price
E.1 Trunk Diameter 10 to 20 inches Each 900.00
E.2 Trunk Diameter 20 to 40 inches Each 2,500.00
E.3 Trunk Diameter 40 inches and over Each 3,500.00
Schedule F.-Removal of Palm Trees
Cost to remove Palm Trees(Including stump grinding to 18" below surface grade) Item Item Description Unit
4'
Unit Price
No.

G.1 Tree Size 15 ft.to 30 ft.tall Each 595.00
G.2 Tree Size 30 ft.to 45 ft.tall Each 995.00
G.3 Tree Size 45 ft.to 60 ft.tall Each 995.00
G.4 Tree Size 60 ft. or taller Each 1,395.00
Term of Contract
The term of this contract shall be for a period of no more than three (3) years starting July 1, 2021 (FY 21/22), with the option to extend the contract for three (3) years in one-year increments, subject to satisfactory performance as determined by the City of Hollister.

Cost Adjustment Formula for Extended Contract
The cost adjustment formula will use the Consumer Price Index (CPI) for April for All Urban Consumers not seasonally adjusted in the San Francisco-Oakland-San Jose area published by the Department of Labor's Bureau of Labor Statistics. If the CPI is greater than the last published CPI of the previous year, the costs will be increased proportional to the percent change in the CPI index. If the CPI is less than the last published CPI of the previous year, then the costs will remain the same. The maximum increase in any contract year may not exceed 3.5%.

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EXHIBIT"C"

PROJECT STAFF

NAME- TITLE
Juan Ortiz Area Manager
Jose Abalos Supervisor
Lorene Okamoto Customer Service Representative
Dane Jensen Safety&Training Manger
Tim Crothers Plant Health Care Manager

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RESOLUTION NO. 2021-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT

WITH WEST COAST ARBORIST, INC
WHEREAS, the City of Hollister Public Works Department released a Request for Proposal for Tree Trimming and Related Services in February 2021; and WHEREAS, the City of Hollister Public Works Department received four proposals; and WHEREAS, staff reviewed all four proposals with two proposals moving forward with ranking; and
WHEREAS, West Coast Arborists, Inc. was ranked first and awarded the contract; and WHEREAS, City of Hollister Public Works Department wishes to enter into a Professional Services Agreement with West Coast Arborists, Inc., and WHEREAS, City of Hollister Public Works Department recommends accepting this contract because it is advantageous for the City to continue to maintain the city's urban forest. During , the next 3 years, per direction from the City Council of the City of Hollister, staff will research an alternative tree policy.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizing the City Manager to execute a Professional Services Agreement with West Coast Arborists, Inc. to provide tree trimming and related services and to approve a supplemental appropriation for fiscal year 2021-2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of May, 2021, by the following vote:

AYES: Council Members Perez, Burns, Resendiz, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: None.

L--
Ignacio Velazquez, Mayor
ATTEST:APPROVED AS TO FORM:

Epperson Law Group PC
Christne Black, MMC, City Clerk
Jaso . E erson, City Attorney

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-90 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a Regular Meeting of said Council held on the 17th day of May, 2021, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 17th day of May, 2021.

Christine Black, MMC
City Clerk of the City of Hollister
Seal)

CITY OF HOLLISTER

DUPUCATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES(i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE)MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD'S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES)MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

ROUND UP TO WHOLE DOLLAR)
Account Project
Department/Account Title Fund# Cost Center Number Task# Increase Decrease Streets
Professional Services 101 5010 730000 325,000
Fund Balance 101 . 300101 325,000
Total 325,000 325,000
Explanation of Transaction:

Supplemental appropriation for tree trimming and related services with West Coast Arborist, Inc.

For Fiscal Year 2021-2022
Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY
Approved
for Entry Date
Finance Office
Approved Date Journal No.

City Manager
Date Resolution No. ! "" 10
City Clerk
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F.6'

STAFF REPORT

0.'44. CITY COUNCIL REGULAR MEETING AGENDA
iass " MEETING DATE: MAY 17, 2021
SUBMITTED: May 4, 2021 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT: Community Services CONTACT: Hydie McDonald, Management DEPARTMENT HEAD: Henry Gonzales, Utility Analyst
Supervisor 831-636-4370
TITLE OF ITEM: RESOLUTION NO. 2021-90, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE EXECUTION OF A

PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORIST, INC BRIEF DESCRIPTION: This Resolution will authorize the City Manager to execute a Professional Services Agreement with West Coast Arborists, Inc. and authorize a supplemental appropriation for Tree Trimming and Related Services.

RECOMMENDATION: Staff recommends that the City Council of the City of Hollister ADOPT a Resolution authorizing the City Manager to execute a Professional Services Agreement with West Coast Arborists, Inc and authorize a supplemental appropriation for Tree Trimming and Related Services.

DEPARTMENT SUMMARY: In February 2021, the City of Hollister Public Works Department released a Request for Proposals (RFP) for Tree Trimming and Related Services. The City of Hollister Public Works Department received four proposals.

Staff reviewed the four proposals. Two proposals did not meet the minimum qualifications and did not move forward in the process. The other two proposals met the minimum qualifications and found to be complete per the RFP. Staff next ranked the Cost of Services for the Scheduled of Bid Items of both proposals. West Coast Arborists, Inc. (WCA) was first in the ranking and City of Hollister awarded the contract to West Coast Arborist.

Currently, the City's tree inventory is 7,645 trees (5,895 older trees and 1,750 younger trees in new developments). To maintain tree structure and form, pruning trees begins 2 — 3 years after planting. The costs for pruning trees is part of the authorized services in Community Facilities District #4. Several new developments, (Allendale, Solario I & II, Mirabella II and Los Pinars) to name a few, will require pruning in the near future.

City of Hollister Public Works Department recommends that it is advantageous for the City of Hollister to continue to maintain the City's Urban Forest and to add new trees to a scheduled maintenance program. During the next 3 years, per direction from the City Council of the City of Hollister, staff will research an alternative tree policy.

FINANCIAL IMPACT: Decrease in Fund 101 of $325,000 — Transfer of expense to Fund 709 and Fund 712 when trees pruned in these districts.

CEQA: N/A
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F.6
ATTACHMENTS:

1. Budget Transfer-Appropriation Form

2. Professional Agreement with West Coast Arborist 05-06-21

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2021-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT

WITH WEST COAST ARBORIST, INC
WHEREAS, the City of Hollister Public Works Department released a Request for Proposal for Tree Trimming and Related Services in February 2021; and WHEREAS, the City of Hollister Public Works Department received four proposals; and WHEREAS, staff reviewed all four proposals with two proposals moving forward with ranking; and
WHEREAS, West Coast Arborists, Inc. was ranked first and awarded the contract; and WHEREAS, City of Hollister Public Works Department wishes to enter into a Professional Services Agreement with West Coast Arborists, Inc., and WHEREAS, City of Hollister Public Works Department recommends accepting this contract because it is advantageous for the City to continue to maintain the city's urban forest. During the next 3 years, per direction from the City Council of the City of Hollister, staff will research an alternative tree policy.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizing the City Manager to execute a Professional Services Agreement with West Coast Arborists, Inc. to provide tree trimming and related services and to approve a supplemental appropriation for fiscal year 2021-2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of May, 2021, by the following vote:

AYES: Council Members Perez, Burns, Resendiz, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST:APPROVED AS TO FORM:
fl Alb tog-- Epperson Law Group PC
Christine Black, MMC, City Clerk
Jaso . E erson, City Attorney

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
G.4.a
Packet Pg. 1822

I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-90 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a Regular Meeting of said Council held on the 17th day of May, 2021, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 17th day of May, 2021.

Christine Black, MMC
City Clerk of the City of Hollister
Seal)

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
G.4.a
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F.6.a

APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES(i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE)MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD'S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES)MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

ROUND UP TO WHOLE DOLLAR)
Account Project
Department/Account Title Fund# Cost Center Number Task# Increase Decrease Streets
Professional Services 101 5010 730000 325,000
Fund.Balance 101 300101 325,000
Total 325,000 325,000
Explanation of Transaction:

Supplemental appropriation for tree trimming and related services with West Coast Arborist, Inc.

For Fiscal Year 2021-2022
Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY
Approved
for Entry Date
Finance Office
Approved Date Journal No.

City Manager
9i
Date Resolution No. J
City Clerk
Packet Pg. 294
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RESOLUTION NO. 2021-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

REQUESTING PROPOSAL FOR A TREE TRIMMING AND RELATED SERVICES

AGREEMENT
WHEREAS, the City of Hollister is in a current contract with West Coast Arborist for Tree Trimming and Related Services; and
WHEREAS, on June 30, 2021 contract will end with West Coast Arborist; and WHEREAS, Community Services Department is requesting a release of a Request for Proposal; and
WHEREAS, Community Services Department recommends it is advantageous for the City to continue to maintain the city's urban forest; and WHEREAS, the City Council of the City of Hollister has directed staff to research an alternative tree policy Ordinance for including the property owner.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister direct staff to research an alternative tree policy and staff will present alternative to Council prior to issuing a request for proposals for tree trimming and related services.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 19th day of January, 2021, by the following vote:

AYES: Council Members Perez, Resendiz, Burns, Spencer, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST: APPROVED AS TO FORM:

Epperson Law Group PC
Christine Black, MMC, City Clerk
Jas S pperson, City Attorney

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
G.4.a
Packet Pg. 1825

I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-8 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 19th day of January, 2021, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 19th day of January, 2021.
011 oir
Christine Black; MMC
City Clerk of the City of Hollister
Seal)

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE
Ch OF THE CITY CLERK
G.4.a
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F.1
r STAFF REPORT
c.
7-;;

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JANUARY 19, 2021
SUBMITTED: December 3, 2020 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT: Community Services CONTACT: Hydie McDonald, Management DEPARTMENT HEAD: Henry Gonzales, Utility Analyst
Supervisor 831-636-4370
TITLE OF ITEM: RESOLUTION NO. 2021-8, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER REQUESTING PROPOSAL FOR A TREE

TRIMMING AND RELATED SERVICES AGREEMENT
BRIEF DESCRIPTION: Staff is seeking authorization to issue a RFP for Tree Trimming and Related Services due to contract with West Coast Arborist ending June 30, 2021.

RECOMMENDATION: Staff recommends the City Council of the City of Hollister ADOPT a Resolution Requesting Proposal for a Tree Trimming and Related Services Agreement.

DEPARTMENT SUMMARY: On December 19, 2016; the City Council of the City of Hollister authorized an agreement with West Coast Arborist for citywide tree trimming and related services. In addition, the City authorized an additional appropriation to have West Coast Arborist take an inventory of trees. West Coast Arborist entered the City's tree inventory into Arboraccess database which city personnel have access to maintain information about the City's tree populations.

Currently, the City's tree inventory is roughly 8,299 trees (6,549 older trees and 1,750 younger trees in new developments). To maintain structure and form, pruning trees begins 2 — 3 years after planting. In September — October 2018, pruning occurred for the trees in the following new developments of Apricot, Heartland, Ladd Ranch, Santa Ana Villages, Saddlebrook and Mirabella. The costs for pruning trees is part of the authorized services in Community Facilities District #4. Several new developments, Allendale, Solario I & II, Mirabella II and Los Pinas) to name a few, will require pruning in the near future.

The City entered into a 5-year contract and pruning cycle with West Coast Arborist. The current contract is $313,000 per year from Fund 101 . The original contract did not include trees in the above-mentioned developments. Public Works requested West Coast Arborist to prune these trees and bill the City separately for this additional work.

The cost for Community Facilities District#4 was $72,774.00 from Fund 712.

The current contract does allow the option to extend the contract for three (3) years in one-year increments. This current contact does not have a cost adjustment factor included. This current RFP for Tree Trimming and Related Services does include a Cost Adjustment Formula for Extended Contract (page 12)
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F.1
City of Hollister Public Works staff recommends for the City of Hollister to continue to maintain the City's older trees and to add new trees to a scheduled maintenance program.

FINANCIAL IMPACT: Fund 101 and Fund 712 — TBD from RFP process.

CEQA: N/A
ATTACHMENTS:

1. RFP TREE TRIMMING 2021 COUNCIL
f THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
Brett Miller, City Manager
Packet Pg. 291
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F.1.a
City of Hollister
Hollister, California
LI-101,LISTEog
Hometown,California-4..y',

REQUEST FOR PROPOSAL
Tree Trimming and Related Services
for the
City of Hollister
January 2021)
Proposal Due: January 2021
RETURN PROPOSAL TO:

City of Hollister
375 Fifth Street
Hollister, CA 95023
Attn: Henry Gonzales
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F.1.a

REQUEST FOR PROPOSAL
Tree Trimming and Related Services
for the City of Hollister

TABLE OF CONTENTS
Section 1—Request for Proposals
Section 2—Terms and Conditions
Section 3—Forms
Section 4—Technical Provisions
RFP Tree Trimming& Related Services Page 1 January 2021 Packet Pg. 295
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F.1.a
r"City of Hollister
RFP for Tree Trimming and Related Services
SECTION 1 - REQUEST FOR PROPOSALS
INTRODUCTION—RFP for Tree Trimming and Related Services A. General Information
The City of Hollister is issuing this Request for Proposals for a certified arborist to provide tree trimming (thinning and lacing tree interiors), tree tipping to straighten trees, tree removal, tree stump removal, treatment applications and perform annual tree inspection to provide annual report and recommendation for care needed regarding all trees located within the City of Hollister.

Future Areas:

As the City continues to grow, additional housing developments are anticipated. As new sites are annexed and accepted by the City, they will be added to the maintenance contract through a Change Order process.

The goal of this Request for Proposal process and the subsequent evaluation is to achieve the highest quality tree trimming services in the most cost- effective manner.

B. Submittal Location. Closing Date and Time
Proposals will not be received after the"closing"date and time indicated. Faxed or emailed proposals will,not be accepted.

Submittal Closing: January, 2021 at 3:00 p.m. PST
Location: City of Hollister
375 Fifth Street
Hollister, CA 95023
Attn:Henry Gonzales
C. Inquiries
Any prospective Proposer desiring an explanation or interpretation of the solicitation, specifications, etc., must request it in writing, no later than January, 2021 at 5:00 p.m. to allow a reply to reach prospective Proposers before the - proposal submission date. In order to receive such materials, Proposers must submit a request in writing to the individual identified below. Verbal explanations or instructions given during any phase of this solicitation will not be binding. Any information given a prospective Proposer will be furnished promptly as an amendment to the solicitation, if that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective Proposers.

RFP Tree Trimming& Related Services Page 2 January 2021 Packet Pg. 296
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F.1.a
Direct inquiries regarding this solicitation should be directed to:

Henry Gonzales
City of.Hollister
375 Fifth Street
Hollister, CA 95023
Phone(831) 636-4300 x11, Fax(831)636-4310
E-mail: henry.gonzalesAhollister.ca.gov
Please reference "Request for Proposal TREE TRIMMING Services" when contacting the city regarding this solicitation. The City of Hollister website, www. Hollister.ca.gov, under Open Bids and RFP's, will contain a copy of this document as well as all addenda.

D. Contractor's License
The successful proposer, as well as every subcontractor, must possess a valid C27 — Landscaping Contractor and C61 — Limited Specialty Classification under D-49 Tree Service Contractor's Licenses at the time of the award of this contract, to complete the work as described.

E. Evaluation Criteria
A proposal selection committee, with a minimum of three members, will be appointed at the beginning of the proposal selection process. The committee will review each written proposal submitted to determine if it meets the requirements of this RFP. Failure to meet the essential requirements for this RFP may be cause for rejection of the proposal. The committee will make an independent random check for references as well as subcontractors, if applicable. Use the following criteria to rank written proposals:

CRITERIA PERCENTAGE

1. Understanding of Work to be Performed 25%
a. Coverage
b. Response time
c. Compliance with RFP requirements

2. Prior Experience 25%
a. Local government experience
b. Recent experience in conducting similar scope,
complexity,and magnitude for other public agencies

3. Qualifications of Staff 25%
a. Licensing
b. Certification
c. Experience with multiple manufacturers

4. Best management Practices in handling emergency tree trimming removal 25% needs.

TOTAL 100%
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The selection committee will rank the proposals and will develop a short list of no more- than three qualified firms and will notify all prospective firms via email only.

The sealed fee proposals that were not short-listed will be returned unopened.

The selection committee will select the number one ranked firm based .upon the given criteria, the sealed dollar cost bid will then be opened and negotiations will start; if both parties can't come to an amicable agreement, then the City will formally cease all formal negotiations with the firm and open the • second ranked firm's sealed proposal and start negotiations. If an agreement is negotiated, the selected proposal will be submitted to the City Council for approval.

F. Proposal Submittal
All proposals delivered in an express courier package shall be sealed in a separate envelope within the courier package. Any proposal found to be illegible or incomplete shall be considered for resection. Whether sent by courier, mail, or by means of personal delivery, Proposers assume full responsibility for having their proposal deposited at the proper address and not later than the scheduled closing time. Faxed or e-mailed proposals or modifications will not be considered.

More than one (1) proposal from an individual, Firm, partnership, or corporation under the same or different names, will not be considered.

The following material must be included for a proposing Firm to be considered:

1. A, one-page cover letter of introduction giving the name, address, and whether the Proposer is an individual, partnership, corporation, or joint venture. It shall be signed by an individual authorized to bind the Proposer. Within the one page, other introductory material may be included.

2. A summary of the company's demonstrated capability, including length of time your company has provided the services requested in this Request for Proposal.

3. A detailed Scope of Work, including an itemization of all services to be provided and their individual costs. This should include estimated manpower, hours, costs, and a description of each major task and subtask.

4. A schedule of hourly rates to be charged for extra work, if required, during the course of the contract.

5. A list of subcontractors (if applicable) to be used, the nature of their services, and a statement of their qualifications and references.

6. The name of the Project Manager and/or staff to be assigned to the project and their resumes.

7. A resume of previous relevant experience. Contact persons and references for these projects should be noted. Such experience should be limited to no less than three (3) projects.

8. Executed copies of Submission Certification, Proposer Guarantees, Proposer Identification, Workers' Compensation Certification, List of equipment, Non-Collusion. Affidavit, Exception Form and Addenda Acknowledgement attached to this request for proposal.

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9. Proposers should send the completed proposal consisting of the two (2) separate, sealed envelopes (one envelope to contain only the proposal, one (1) original plus three (3) copies, and the other envelope to contain only the Schedule of Bid items, clearly marked"Envelope B".

END OF SECTION—
C
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F.1.a
r City of Hollister
RFP for Tree Trimming and Related Services
SECTION 2—TERMS AND CONDITIONS
NOTE: IT IS THE PROPOSER'S RESPONSIBILITY TO EXAMINE
THE "REQUEST FOR PROPOSAL" SOLICITATION IN ITS ENTIRETY

PRIOR TO SUBMITTING A PROPOSAL
II. TERMS AND CONDITIONS
A. Waiting Period
Proposals shall be Firm offers, subject to acceptance or rejection for a period of up to ninety (90) days from the date of the proposal opening until proceedings are completed and an award is made. Proposer shall assume full responsibility for the effect of the waiting period on all proposal fees and terms.

B. Insurance
Proposers are required to provide with their proposal, certificates of insurance verifying coverage, as well as a letter from the Proposer's insurance agent or corporate Risk Management Department acknowledging that the Proposer is able to comply with all insurance requirements. It is highly recommended that Proposers confer with their respective insurance carriers or brokers to determine in advance of proposal submittal, the availability of insurance certificates and endorsements as prescribed herein.

During the term of this Contract, the auditor shall maintain at Proposer's sole expense, the following insurance.

1. Minimum Scope of Insurance:
a. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.

Coverage shall be at least as broad as Insurance Services Office form number GL 00 02 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 04 04 03 81 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage, occurrence"form CG 00 01 11 85. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location, endorsement CG 25 03 11 85 or CG 25 04 11 85, or the general aggregate limit shall be twice the required occurrence limit.
b. Professional Liability and errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents in RFP Tree Trimming& Related Services Page 6 January 2021 Packet Pg. 300
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conjunction with the services to be provided. Coverage limits shall be $1,000,000 or more, per occurrence without reduction for claims paid during the policy period. The carrier should be duly insured and authorized to issue similar insurance policies for this nature in the State of California.
c. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall be at least as broad as Insurance Services Office form number CA 00 01 01 87, covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25 (Ed. 01 86).
d. Workers' Compensation and. Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and employers Liability limits of$1,000,000 per accident.

2. Deductibles and Self-Insured Retention:

Any deductibles or self-insured retention must be declared to and approved by the city. At the option of the city, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the city, its officers, officials, employees and volunteers; or the Auditor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

3. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:

1. The city, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Firm; products and completed operations of the Firm; premises owned, occupied or used by the Firm; or automobiles owned, leased, hired or borrowed by the Firm.

The coverage shall contain no special limitations on the scope of protection afforded to the city, its. officers,,officials, employees, agents or volunteers.

2. For any claims related to 'this project, the Firm's insurance coverage shall be primary insurance as respects the city, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the city, its officers, officials, employees, agents or volunteers shall be excess of the Firm's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the city, its officers, officials, employees, agents or volunteers.

4. The Firm's insurance shall apply separately to each insured r against whom a claim is made or suite is brought, except with respect to the limits of the insurer's liability.

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5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, has been given to the city.

C. Proposal Preparation Costs
The city is not, nor shall be deemed liable for any costs incurred by Proposer in the preparation, submittal, or presentation of their proposals.

D. Proposal Inclusions
The RFP documents shall be returned in their entirety, with ALL applicable portions fully completed by the Proposer. All Proposers are encouraged to review and confirm that their proposal includes and specifically addresses all of the proposal requirements prior to submitting as outlined elsewhere in this document.

E. Withdrawal of Proposal Before Closing
Any Proposer may request the withdrawal of their submitted proposal, by written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, the city will consider the Proposer's proposal null and void, and return the proposal to the Proposer unopened.

Withdrawal of Proposer's proposal will not prejudice Proposer's resubmittal for this or any future proposal(s).

F. Mistake in Proposal
Any Proposer may withdraw their proposal after the proposal opening, subject to the time restrictions indicated below, only if the Proposer can establish to the city's satisfaction,that a mistake was made in preparing the proposal.

1. A Proposer declaring a mistake must provide a written notice to the city within five (5) calendar days following the scheduled closing date, specifying in detail how the mistake occurred, and how the mistake made the proposal materially different than it was intended.

2. Withdrawal of the proposal will only be permitted for mistakes made in the completion S of the proposal. A Proposer who claims a mistake shall be prohibited from submitting further proposals on the Project on which the mistake was claimed. (Public Contract Code 5105).

G. Proposal Labeling
The proposal shall be submitted in a sealed envelope with all original pages intact.

Proposal envelopes must be plainly marked and submitted as follows:

SEALED PROPOSAL FOR RFP FOR TREE TRIMMING AND
RELATED SERVICES"
H. Submittal Location. Closing Date and Time
To be considered, one(1) original and three(3) copies of the proposal-must be received by the City of Hollister, attn.: Henry Gonzales, 375 Fifth Street, Hollister, CA RFP Tree Trimming& Related Services Page 8 January 2021 Packet Pg. 302
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95023, by 3:00 p.m. PST on January . 2021. The City of Hollister reserves the right to reject any or all proposals submitted. Faxed or e-mailed proposals will not ham/ be accepted.

Proposal Acceptance
The City of Hollister reserves the right to accept or reject any and all proposals and waive any irregularities or informalities in any proposals or in the proposal process. The City of Hollister further reserves the right to award the contract to other than the lowest Proposer if such action is deemed to be in the best interest of the City of Hollister.

J.Interpretation of Documents
During the proposal solicitation period, should a Proposer find discrepancies or omissions in any part of the RFP, or should the Proposer be in doubt as to their interpretation, the Proposer shall immediately notify the contact indicated in Section 1, I D, entitled "Inquiries". Should it be found necessary, an addendum will be sent to all Proposers. Any addenda issued prior to the scheduled proposal closing date and time, shall form a part of this solicitation and shall become a part of the submitted proposal. Exceptions to this RFP: Any changes from the provisions of this RFP, which may be desired by the Proposer, shall be specifically noted on the form provided in Section 3.

K. Appendix
The Appendix shall include any suggested additions or modifications to the scope that the Firm believes will enhance the quality of this agreement. The Firm's brochures, exhibits, and any other pertinent documents may also be included in the Appendix.

L. Public Record
Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon contract award, and be made available upon request, unless otherwise marked. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Proposer claims are exempt from disclosure pursuant to the California Public Records Act. The Proposer who claims such an exemption must also state in the proposal that, "The Proposer agrees to indemnify and hold harmless the city and its officers, employees and agents from any claims, liability or damages against the city and to defend any actions brought against the city for its refusal to disclose such material, trade secrets or other proprietary information to any party." M. Acceptance and Payment
Firm's invoice(s) shall include reference to the Purchase Order number issued for the services, and be accompanied by detailed supporting documentation, to include information on services rendered. The city shall pay the Firm's properly executed invoice, subject to approval by the Project Manager, within thirty"(30) days following receipt of the invoice. Total payment for each phase of the work will not exceed ninety (90) percent of the estimated cost of that phase until all work under that phase is completed to the city's satisfaction. Total payment for all work shall not exceed the RFP Tree Trimming& Related Services Page 9 January 2021 Packet Pg. 303
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sum of the estimated cost of all completed phases plus the partial payments for partially completed phases. Payment will be withheld for any services which do not meet or exceed city requirements or have proven unacceptable until such services are replaced, resubmitted and accepted by the city.

Upon approval by the Management Services Director, or the designee, of the Contractor's estimate of work completed, the City will make a progress payment to the Contractor equal in amount to the approved estimate less a retention of ten 10) percent and less the total of alr previous payments.

N. Final Estimate, Payment, and Acceptance of the Work Upon completion of the work, the Contractor may request full payment for his work, and after acceptance of the work by the City, the City will make a final payment as described above. The amount retained will continue to be retained until thirty-five 35) days after the date of acceptance and upon receipt of appropriate invoices and lien releases.

At the expiration of thirty-five (35) days from the date of acceptance, the amount withheld for retention shall be due and payable to the Contractor except such amounts as prescribed by law to be withheld by Notices of Stop Payment.

O. Liens
The Firm shall pay all sums of money that become due from any labor, services, materials or equipment furnished to Firm on account of said Services to be furnished as a result of the "Request for Proposal", and that may be secured by any lien against the city. The Firm shall fully discharge each such lien not later than the time performance of the obligation is secured.

P. Federal, State and Local Laws
The Firm and all subcontractors shall comply with all applicable federal, state, local laws, rules, and regulations.

Q. Retention of and Access to Records
At all reasonable times during the term of this contract and for a minimum of three (3) years following final settlement, the City of Hollister, and any designated representative shall have access to all records related to work performed under this contract and the Firm and all subs shall make such records available for inspection, audit, copying excerpts and transcriptions.

R. Drug-Free Workplace Requirements
The Firm and all subcontractors shall comply with the requirements of the Drug- Free Workplace Act of 1990 (Government Code Sections 8350 et seq.).

S. Americans with Disabilities
The Proposer and all subcontractors shall comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq.) which prohibits discrimination on the basis of disability, as well as all applicable regulations and RFP Tree Trimming& Related Services Page 10 January 2021 Packet Pg. 304
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guidelines issued pursuant to the ADA.

T. Order of Precedence
The documents referenced below represent the Contract Documents. Where any conflicts exist between the General Terms and Conditions, or addenda attached, then-the governing order of precedence shall be as follows:

1. Amendments to the RFP/Contract

2. City RFP, including the fully executed contract

3. Firm's proposal dated (DATE).

U. Conflict of Interest
No member, officer, or employee of the City of Hollister or of a local public body during his tenure or for one (1) year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City of Hollister has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Hollister, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California.

V. Disputes
Any controversy or claim arising out of or relating to the provisions of this Agreement or the breach thereof shall be settled by arbitration, in accordance with the Rules of the American Arbitration Association, unless the parties agree, in writing, to some other form of alternative dispute resolution.

W. Small and Disadvantaged Business/Affirmative Action The City of Hollister hereby notifies all Proposers that it will affirmatively ensure that minority business enterprises will be afforded full opportunity and consideration when submitting bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing the bid proposals for award of contract.

X. Non-Collusion Affidavit
All bids must be accompanied by a signed and notarized Non-Collusion Affidavit per the Public Contract Code Section 7106.

Z. License
The Vendor and each subcontractor(if applicable) shall obtain a City of Hollister business license prior to commencing work for the City of Hollister.

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AA. Term of Contract
The term of this contract shall be for a period of no more than three (3) years starting July 1, 2021 (FY 21/22), with the option to extend the contract for three (3) years in one-year increments, subject to satisfactory performance as determined by the City of Hollister.

Cost Adjustment Formula for Extended Contract
The cost adjustment formula will use the Consumer Price Index (CPI) for April for All Urban Consumers.no',t seasonally adjusted in the San Francisco-Oakland-San Jose area published by the, Department of Labor's Bureau of Labor Statistics. If the CPI is greater than the last published CPI of the previous year, the costs will be increased proportional to the percent change in the CPI index. If the CPI is less than the last published CPI of the previous year, then the costs will remain the same. The maximum increase in any contract year may not exceed 3.5%.

BB. Termination for Convenience
The City of Hollister may, by written notice, terminate this contract in whole or in part, when deemed in the city's interest. Upon termination of this contract, the City of Hollister shall only be liable for payment under the payment provisions of this contract for services rendered or supplies furnished prior to the effective date of termination.

L-1 CC. Termination for Default
The City of Hollister, may, by written notice of default to the Firm, terminate this contract in whole or in:part if the Firm fails to:

1. Deliver the supplies or to perform the services within the time specified in this contract or any extension; or

2. Make progress, so as to endanger performance of this contract; or

3. Perform any of the other provisions of this contract.

DD. Ownership of Materials and Documents/Confidentiality The City of Hollister retains ownership of any and all partial or complete reports, drawings, plans, notes, computations, lists, and/or other materials, documents, information, or data prepared by the Firm and/or the Firm's. subcontractor(s) pertaining to this document. Said materials and documents are confidential and shall be available to ,the city from the moment of their preparation, and the Firm shall deliver same to the city whenever requested to do so by the Project Manager and/or the city. The Firm shall provide the city with an electronic version of all project-related documents, including all text documents and drawings. The Firm agrees that same shall not be made available to any individual or organization, private or public, without the prior written consent of the city.

EE. Contractor's Responsibilities
The Contractor shall ;be responsible for safe, efficient, and adequate methods and equipment during the progress of the work in order to secure the safety of the RFP Tree Trimming& Related Services Page 12 January 2021 Packet Pg. 306
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workers, the quality of work required, and the stipulated rate of progress. It shall be the Contractor's responsibility to perform the work strictly in accordance with the Specifications and original contract drawings and any revisions as may be made therein by the Management:Services Director, or the designee, from time to time in the form of revised contract drawings or written change orders issued.

The Contractor shall assume the defense of and indemnify and save harmless the City, its officers and agents from all claims of any kind arising from its own negligence or that of its agents in the performance of the contract.

FF. Safety. Sanitary. and Medical Requirements
The Contractor, Contractor's employees, subcontractors, and their employees, shall promptly and fully carry out the existing safety, sanitary, and medical requirements as prescribed by the Division of Industrial Safety and by City- or State Health Departments to the end that proper work shall be done, and the safety and health of the employees and of the community may be conserved and safeguarded. In case such regulations and orders are not observed by the Contractor, they may be enforced by the Director of Public Works at the Contractor's expense.

GG. Subcontracting
In accordance with the requirements of these Specifications, each proposer shall list in their Proposal the name and business address of each subcontractor to whom the proposer proposes to subcontract a portion of the work and shall list each subcontractor, licensed by the State of California and the City of Hollister, proposed by the proposer to specially fabricate and install a portion of the work. Said list shall include for each subcontractor: Name of Subcontractor, Subcontractor's license number and classification, percentage (%) of total contract to be completed by subcontractor, and description of the portion of work which will be done by each subcontractor.

A sheet for listing the subcontractors, as required, is included in the Proposal. The list must be completed in its entirety. If there are no subcontractors, the list shall be included in the Proposal as required, with"None" stated on the list.

The contractor shall ;perform with its own organization contract work amounting to not less than 30 percent (30%) of the total original contract price, excluding any specialty items designated by the City. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the amount of work required to be performed by the contractor's own organization.

END OF SECTION
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City of Hollister
RFP for Tree Trimming and Related Services
SECTION 3 — FORMS

SUBMISSION CERTIFICATION
I hereby submit to the City of Hollister the following bid proposal for work outlined in plans and specifications entitled "RFP FOR TREE TRIMMING and Related Services. All of the following documents (check below) are completed, fully executed, and included in my bid as required in the bid document:

Submission Certification (Page 14)
Schedule of Bid Items(Page 15 & 16)
Equipment Roster(Page 17)
Proposer Guarantees(Page 18)
Proposer Identification (Page 19)
Workers'Compensation Certificate(Page 20)
Non-Collusion Affidavit (Page 21) (Must be notarized)
Exception Form (Page 22)
Addenda Acknowledgment (Page 23)
Customer References (Page 24)
Additional Information (If applicable) (Page 25)
My signature on this Submittal Certification is affirmation that all items listed above are fully completed and executed and are hereby submitted with the proposal as required. I understand that failure to complete and/or submit any of the required documents may be cause for rejection of my bid proposal.

Business Name
Authorized Signature Printed Name and Title
Date Signed Telephone Number
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City of Hollister
J RFP for Tree Trimming and Related Services

SCHEDULE OF BID ITEMS
Schedule A—Pruning
Detailed structural pruning of various species of Street Trees Item Item Description Unit Unit Price
No.

A.1 Tree Size 10 ft. to 20 ft. tall Per tree $
A.2 Tree Size 20 ft. to 40 ft. tall Per tree $
A.3 Tree Size 40 ft. and taller Per tree $
Schedule B—Tree Removal
Cost to remove various species of street trees. (Includes stump grinding to 18" below surface grade) Item Item Description Unit Unit Price
No.

B.1 Trunk diameter.10 to.20 inches each $
B.2 Trunk diameter 20 to 40 inches each $
B.3 Trunk diameter 40 inches & over each $ •
Schedule C—Planting
Planting of approved 15 gallon size street trees, per City diagram, at various City wide locations Item Item Description Unit Unit Price-
No.

C.1 Planting of 15 gallon street trees each $
Schedule D—Stump Grinding
Stump Grinding 18" below surface grade at various City wide locations Item Item Description Unit Unit Price
No.

D.1 Trunk diameter 6 to 12 inches each $
D.2 Trunk diameter 12 to 18 inches each $
D.3 Trunk diameter 18 to 24 inches each $
D.4 Trunk diameter 24 to 30 inches each $
D.5 Trunk diameter 30 to 36 inches each $
D.6 Trunk diameter 36 to 42 inches each $
D.7 "Trunk diameter 42" & larger each $
Schedule E—ON CALL Tree Removal (Response time 4 hours or less) Cost to remove various species of street trees. (Includes stump grinding to 18" below surface grade) Item Item Description Unit Unit Price
No.

B.1 Trunk diameter 10 to 20 inches each $
B.2 Trunk diameter 20 to 40 inches each $
B.3 Trunk diameter 40 inches & over each $
See next page
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City of Hollister
RFP for Tree Trimming and Related Services

SCHEDULE OF BID ITEMS
Continued)
Schedule F—Palm Trees
Pruning of Palm Trees
Item Item Description Unit Unit Price
No.

E.1 Tree Size of 15 ft. to 30 ft. tall each $
E.2 Tree size of 30 ft. to 45 ft.tall each $
E.3 Tree size of 45 ft. to 60 ft. tall each $
E.4 Tree size of 60 ft. or taller each $
Schedule G —Removal of Palm Trees
Cost to remove Palm trees (Including stump grinding to 18" below surface grade) Item. Item Description Unit Unit Price
No.

F.1 Tree Size of 15 ft. to 30 ft. tall each $
F.2 Tree size of 30 ft. to 45 ft. tall each $
F.3 Tree size of 45 ft. to 60 ft. tall each $
F.4 Tree size of 60 ft. or taller each $
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City of Hollister
RFP for Tree Trimming and Related Services

EQUIPMENT ROSTER
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City of Hollister
RFP for Tree Trimming and Related Services

PROPOSER GUARANTEES
A. The Proposer certifies it can' and will provide and make available, as a minimum, all services set forth in the RFP FOR TREE TRIMMING AND RELATE D SERVICES FOR THE CITY OF HOLLISTER.

B. Proposer further certifies that all information provided by and in connection with this Proposal is true and accurate.

Signature of Official:

Name (typed):

Title:

Firm:

Date:

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City of Hollister
RFP for Tree Trimming and Related Services

PROPOSER IDENTIFICATION

1. Legal name of the Company:

2. Street Address:

3. Mailing Address:

4. Business Telephone:

5. Facsimile Telephone:
6: Email Address:

7. Type of Business
Sole Proprietor Partnership Corporation
Other:

If corporation, indicate State where incorporated: •

8. Business License number issued by the City where the Proposer's principal place of business is located.

Number: Issuing City:

9. Federal Tax Identification Number: • .

10. Proposer's Project Manager:

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City of Hollister
RFP for Tree Trimming and Related Services
CERTIFICATES OF INSURANCE VERIFYING COVERAGE: GENERAL LIABILITY,

PROFESSIONAL LIABILITY, AUTOMOBILE LIABILITY AND

WORKERS' COMPENSATION CERTIFICATE
The Proposer shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the California 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 on behalf of my Firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.

Signature Company Name
Printed Name Business License Number
Title Date
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City of Hollister
RFP for Tree Trimming and Related Services

NON-COLLUSION AFFIDAVIT
Per Public Contract Code Section 7106)
State of California
ss.

County of
being first duly sworn, deposes and says that he or
she is of Proposer") the party making
the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly solicited any other Proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposers or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal fee of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the proposal fee, or of that of any other Proposer, or to secure any advantage against the public body making the award of anyone interested in the proposed award; that all statements contained in the proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her proposal fee or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature Company Name
Printed Name Title

SUBSCRIBED AND SWORN TO BEFORE ME
This day of
Seal)
Notary Public
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City of Hollister
RFP for Tree Trimming and Related Services

EXCEPTION FORM
Should Proposer take exception to ANY of the terms and conditions or other contents provided in this RFP for Tree Trimming and Related Services, list the exceptions below. THIS COMPLETED FORM MUST BE RETURNED WITH YOUR PROPOSAL. If no exception(s) are taken, enter "NONE"for the first item. (Make additional copies of this form as necessary) Page Number: Section Title:

Paragraph Number: Exception Taken:

Page Number: Section Title:

Paragraph Number: Exception Taken:

Page Number: Section Title:

Paragraph Number: Exception Taken:

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City of Hollister
RFP for Tree Trimming and Related Services

ADDENDA ACKNOWLEDGMENT
The undersigned acknowledges receipt of the following ADDENDA:

ADDENDUM NO. DATED:

ADDENDUM NO. DATED:

ADDENDUM NO. DATED:

ADDENDUM NO. DATED:

Name of Proposer:

Address:

Telephone No.

By:

Signature Title
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C City of Hollister
RFP for Tree Trimming and Related Services

CUSTOMER REFERENCES
Proposer:

LIST A MINIMUM OF THREE PUBLIC CITY REFERENCES FOR WHOM YOU HAVE PROVIDED SIMILAR TREE

TRIMMING SERVICES

1. Name of City :

Address:

Contact Person Name:

Contact Person Phone:

Fax and Email Address:

Project Description:

2. Name of City :

Address:

Contact Person Name:

Contact Person Phone:

Fax and Email Address:

Project Description:

3. Name of City :

Address:

Contact Person Name:

Contact Person Phone:

Fax and Email Address:

Project Description:

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City of Hollister
RFP for Tree Trimming and Related Services

ADDITIONAL INFORMATION
Please provide any additional information which will be helpful in evaluating your proposal.

U
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City of Hollister
RFP for Tree Trimming and Related Services

GUARANTY

TO THE CITY OF HOLLISTER, CALIFORNIA
The undersigned guarantees the completion of"RFP for Tree Trimming AND Related Services for the City of Hollister".

Should any of the work as a whole prove defective, due to faulty workmanship within twelve 12) months after date on which this Contact is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such materials and to repair said work completely without cost to the City so•that said work will.function successfully as originally contemplated.

The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned.

In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within the time limit designated by the City. If the undersigned shall fail or refuse to comply with their obligations under this guaranty, the City shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of said failure or refusal.

Signed:

CONTRACTOR
By: Title:

Dated this day of
NOTE: This Guaranty shall be executed by the successful proposer in accordance with instructions in the Special Provisions. The proposer may execute the Guaranty on this page at the time of submitting the bid.

END OF SECTION —
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City of Hollister
RFP for Tree Trimming and Related Services
SECTION 4 — TECHNICAL PROVISIONS
III. NATURE OF SERVICES REQUIRED

1. Contractor Requirements/Submittals
Provide tree trimming (thinning and lacing tree interior), tree tipping to straighten trees, tree removal, on-call tree removal, tree stump removal, treatment applications and perform annual tree inspection to provide annual report and recommendation for care needed regarding all street trees to be performed by a certified arborist.

Bidders must possess valid Class C-27 Landscape Contractor and C-61 Limited Specialty under .D-49 Tree Services California Contractor's Licenses.

Contractor shall have OSHA certification of aerial lifts and operations. 29 CFR 1910.67 Definitions of Vehicle-Mounted elevating and rotating work plate forms

29.CFR 1926.21(b)(2) Safety Training & Education; The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposures to illness or injury
29 CFR 1926.453(a)(1) Aerial Lifts; Unless otherwise provided in this section, aerial lifts acquired for use on or after January 22, 1973 shall be designed and constructed in conformance with the applicable requirements of the American National Standards for "Vehicle Mounted Elevating and Rotating Work Platforms," ANSI A92.2-1969, including appendix. Aerial lifts•acquired before January 22, 1973 which do not-meet the requirements of ANSI A92.2-1969, may not be used after January 1, 1976, unless they shall have been modified so as to conform with the applicable design and construction requirements of ANSI A92.2-1969. Aerial lifts include the following types of vehicle- mounted aerial devices used to elevate personnel to job-sites above ground:
29 CFR 1926.502 (a)(2) Fall Protection Systems Criteria & Practices; Employers shall provide and install all fall protection systems required by this subpart for an employee, and shall comply with all other pertinent requirements of this subpart before that employee begins the work that necessitates the fall protection.

Personnel must be qualified and trained in the tree maintenance industry. This will include one tree crew staff member to be an International Society of Arboriculture (ISA) Certified Arborist or equivalent. At all times during contracted tree maintenance activities, the firm shall have work crews on site and a supervisor who can receive and carry out instructions . given by proper authorities.

Contractor should have a Quality Control Plan with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. The successful Contractor shall be required to comply with this quality control throughout the term of the contract. Contractors shall have a current Safety Manual that meets SB 198 requirements for injury and illness prevention.

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A. Quality Control Plan

1. A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City).

2. The methodology in which the firm will handle complaints from the public and damage to public and private property.

3. Effective means to correct problems. .

4. The means the firm will use for completing the project.

5. A written description of the firm's internal tree maintenance and arboricultural training program.

2. Project Specifications/ Scope of Work
Work will generally consist of tree trimming and/or tree removal and/or tree stump removal in various locations throughout the City of Hollister.

The contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide all labor, tools, equipment, materials, and supplies necessary to complete the contracted work in a timely manner that meets the City's requirements. Contractor may be required to perform the following tree maintenance activities:
o Tree Trimming (Thinning and Lacing Tree Interior)
o Tree Removal (including on-call tree removal)
o Tree Stump Removal
o Annual tree inspection to provide an annual report and recommendation of care needed for all street trees performed by a certified arborist. o Apply any required or recommended pesticides, treatments or fertilizers to insure the health of the tree(s)
o Dispose of all debris
A. Tree Trimming

1. Tree Trimming will include structural pruning, crown raising, and crown cleaning. Contractor shall comply with Standards of OSHA.

2. Contractor shall notify residents forty-eight (48) hours in advance of scheduled pruning.

3. Contractor shall provide and post "No Parking" signs twenty-four (24) hours in advance of the work.

4. 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 and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced Supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of the work.'

5. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company r notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for appropriate notification of Underground Service Alert (USA).

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No hooks, gaffs, spurs, or climbers will be used for anything other than removals.

6. Final pruning fungus cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

7. When pruning fungus, disease, or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach.

8. Topping shall not be done unless specifically requested by the City.

9. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be- made sufficiently close, 1/2 inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed, rubbing or problem limbs shall be removed unless removal will result in large gaps in the general outline of the tree.

10. Laterals shall be cut to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen percent (15%) but no more than thirty percent (30%).

11. Trimming shall remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachments should normally be removed.

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

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

B. Tree Removal
City prepares the list of trees to be removed, marks trees, notifies homeowners and Underground Service. Alert (USA) and submits lists to Contractor.

Contractor crew shall remove tree and hauls all debris. Contractor crew shall grind stumps to a depth of, eighteen (18") inches. All holes shall be backfilled; and all debris shall be cleaned up and hauled to the appropriate disposal facility in Hollister for trash and green waste. The City's authorized staff shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall conform to standards of the arboricultural profession.

All wood from removed trees on City property shall be disposed of at the direction of authorized City staff.

No wood shall be left along the public right-of-way unless approved by authorized City staff. Firewood-size wood shall be stacked neatly and safely at the Public Works yard. All applicable State or County Quarantine regulations shall be followed for wood disposal. Permission,may be given to the Contractor, at the r City's discretion, to store clean woodchips at the Public Works Yard. All tree parts are to be loaded into transport vehicles or containers. The front, sides, and rear of the vehicles or containers must be solid and the top shall be otherwise tightly RFP Tree Trimming& Related Services Page 29 Janua Packet Pg. 323 G.4.a
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enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.

The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. The City shall call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half feet (1 '/2') on either side of the outer circumference of the stump, or until surface roots are no longer encountered.

C. Tree Stump Removal
Stumps should be cut low enough to the ground where routing can be done safely.

This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two inches (2") above normal ground level. All excess routing chip debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.

D. Annual Tree Inspection
The primary purpose of the annual tree inspection is to diagnose safety and tree health. Contractor shall schedule an annual appointment with the City to evaluate he health of street trees. The inspection will include checking for any hazardous situations such as broken, hanging limbs; dead trees; trees with hollow spots; trees with an excessive lean toward the house; large, dead limbs over the house or high traffic area; vertical or horizontal cracks on trunks; etc. The inspector will identify situations where the health of the trees and/or property is in jeopardy: these include the crown growing too thick; presence of disease or insects; limbs touching house; large rubbing branches; proper height of privacy screen; etc. The Contractor's required annual tree inspection recommendation report shall offer healthy pruning, deep root fertilization, vertical mulching, etc., suggestions for overall tree balance. The report shall also provide clearly identified and labeled locations and tree descriptions of each individual tree on each assessment district maintenance map by section number location.

E. Work Quality
All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed and shall be consistent with the ISA Pruning Standards and Best Management Practices. The Contractor shall also meet the American National Standards Institute (ANSI) Z133.1-2006 standard, "Safety Requirements for Arboricultural Operation." Authorized City staff shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default, if it consistently fails to comply with the aforementioned standards.

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F. Standard
Prior to beginning the work, the Contractor shall review with authorized City staff various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree pruning shall include but not be limited to accepted pruning activities. Limbs one inch (1") in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at crotch, large limbs shall be removed with three cuts. The first cut shall be made on the underside of the branch one foot (1') to two feet (2') from the crotch. The undercut shall be at least on third (1/3) of the diameter. Make the second cut one-inch (1") to three inches (3") further from the crotch than the first. The final cut is made at the- crotch in a manner to favor the earlier possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 1/2") or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the authorized City staff. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis. Firewood-sized wood shall be stacked neatly and safely at the Public Works Yard in Hollister. Tool sanitation on all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.

G. Traffic Control
Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic control plans and safety equipment for use.

H. Public Noticing of Tree Pruning Operations
Contractor shall be required to notify residents and/or businesses of tree pruning operations at least forty-eight (48) hours prior to the work being performed, unless it is an emergency. Notifications-shall be made in the form of door hangers.

Contractor shall post City approved "No Parking" signs twenty-four (24) hours prior to the work being performed at the designated tree pruning location as applicable.

Clean Up
Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets.

Contractor shall take all debris to the county landfill and per direction from the City all clean green waste to the Public Works Yard at 1321 South Street or to John Smith Landfill in Hollister for disposal.

J. Invoice
Contractor shall be required to submit invoices when each project per maintenance map is completed. Invoice format shall include but not limited to the map number and section, a list of each tree and its location per map and section, the species, height, and trunk diameter of each individual tree maintained.

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K. Additional Work
In the event the City of Hollister should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price.

END OF SECTION -
I
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CITY OF HOLLISTER TREE PLANTING POLICY
To support the planting of trees in the City of Hollister and to promote a sense of community by involving the residents in the selection of the tree planting location, the following tree planting policy has been created by City Staff and adopted by the City Council of Hollister.

This policy is administered by the Public Works Director, who is authorized to make exceptions to any part of the policy if it is in the best interest of the City of Hollister and the residents of the City to do so.

Trees planted in the right of way (ROW), or in easements, are the property of the City and will be maintained by the City, however irrigation of the newly planted trees will be required of the resident requesting the new tree.

The following steps must be followed:

1. Complete a Public Works Department (PWD) Street Tree application and submit it to PWD for review and approval (available on City website).

Approval will involve determining if there are proper clearances from existing utilities (e.g. water lines, sewer lines, etc.).

2. Choose a tree from the Approved Street Trees List (subject to approval by Public Works Director).

3. City staff will inspect the location to determine if it is a suitable site that meets the requirements below.

4. If approved, the City will place the location on a list. Once there are a sufficient number of approved locations to make planting the trees efficient (about 5 and/or at the discretion of the Director), the trees will be planted by City staff or the contracted City arborist.

5. Once a location is approved, and placed on the list, it will remain on the list until planted.

6. Trees planted in violation of this policy are subject to removal by the City without compensation to the current or future resident.

The site requirements are based on current City of Hollister Standards & Specifications. The tree may not be planted closer than:

• 20’ from a utility pole or streetlight
• 10’ from a fire hydrant
• 10’ from driveway approach
• 40’ from any other ROW tree. (Permission might be granted if there is not exactly 40’, depending on the distance between it and any private trees nearby.)
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• 50’ from the beginning of the curb return (BCR) on the approach to an intersection
• 15’ from the end of the curb return (ECR) on the exit side • 5’ from a buried utility service lateral
• 5’ from house walks
• 3’ behind the back of the sidewalk when the sidewalk is adjacent to the curb and public right of way exists
• 2.5’ from either the curb or sidewalk edge where a park strip exists (in other words, a minimum ROW area of 5’ between curb and sidewalk is required) • A new tree shall not be planted on top of an existing tree stump. • The location will require an irrigation source installed and maintained by the resident before the tree will be planted .

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Common Name
• Australian Willow
• Bradford Pear
• Chinese Pistache
• Chinese Tallow
• Coast Live Oak
• Crape Myrtle “Muskogee”
• Crape Myrtle “Natchez”
• Crape Myrtle “Tuscarora”
• Flower, Pear “Aristocrat”
• Flowering Pear “Capital”
• Glossy Privet
• Golden Rain
• Holly Oak
• Little Leaf Linden
• London Plane Tree
• Magnolia Dwarf St. Mary
• Magnolia Grandiflora
• Magnolia Jane

• Magnolia Japanese
• Magnolia Samuel Summer
• Malus Robinson
• Myten Tree
• Purple Leaf Plum
• Raywood Ash
• Red Maple
• Southern Magnolia
• Western Redbud

City of Hollister Public Work
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PERMIT VALID FOR 90 DAYS FROM DATE OF ISSUE
City of Hollister Public Works Department
Parks and Streets Division

Street Tree Permit Approval Form

REQUEST FOR APPROVAL
( ) Planting ( ) Removal ( ) Treatment ( ) Trimming Topping is not Permitted

APPLICANT INFORMATION

Name: ________________________________________________________________________

Street Address: _________________________________________________________________

Home Phone: ___________________________ Work Phone: ____________________________

Description of Problem/Work to be done: ____________________________________________

______________________________________________________________________________

BUSINESS PERFORMING WORK

Contact Person: ________________________________________________________________

Business Name: ________________________________________________________________

Business Address: ______________________________________________________________

Business Phone: ________________________ Message Number: _______________________

If permit is granted, I further agree that all work shall be performed without cost to the City of Hollister and that I shall INDEMNIFY AND HOLD HARMLESS the City, its employees and officers from any loss, liability, claim, damage or cost incurred by or claimed against the City or its officers and employees as a result of the activities allowed by this permit. I hereby WAIVE, RELEASE AND DISCHARGE the City of Hollister or any of its officers or employees from any loss, damage, claim, cost or liability which may result from the use of this permit and ASSUME ANY AND ALL RISKS from the activities allowed by this permit. I further agree that all work shall be done by a professional licensed contractor or certified in the care of trees and able to provide evidence of liability insurance for the work to be performed.

I understand that any trees improperly trimmed or planted will be subject to removal by or at the direction of the Public Works Director and the cost thereof assessed to me.

Signature of Applicant: ____________________________ Date: ______________________

Date of Issue: ___________________________

Comments: _________________________________________________________________________

Approved by: ________________________________ Title: __________________________________

PERMIT VALID FOR 90 DAYS FROM DATE OF ISSUE
( ) Copy to Code Enforcement
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 10, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE SALARY AND BENEFITS PLAN AND SALARY SCHEDULE FOR

EMPLOYEES IN THE EXECUTIVE MANAGEMENT UNIT

BRIEF DESCRIPTION: The City Council will consider a resolution to adopt a Salary and Benefits Plan for employees in the Executive Management Unit.

RECOMMENDATION: Adopt a resolution adopting a Salary and Benefits Plan and associated salary schedule for employees in the Executive Management Unit.

DISCUSSION: The City Council received input from the Executive Management Group related to the groups existing Salary and Benefits Plan. As a result, an updated Salary and Benefits Plan and salary schedule has been recommended for approval.

A full copy of the updated Salary and Benefits Plan and salary schedule, including strike-through formatting to identify the changes, has been included as part of this staff report.

FINANCIAL IMPACT: Funding for this item has been included in the FY 2023-24 Recommended Budget. Funding for future years will be presented to the City Council as part of the annual budget process.

CEQA: N/A
WHEREAS, the City Council received input from representatives of the Executive Management Unit regarding the Salary Benefits Plan and associated Salary Schedule; and

WHEREAS, whenever employees are deemed eligible by the City Council or City Manager, all pertinent sections of the Salary and Benefits Plan and Salary Schedule shall be retroactively effective as of July 1, 2023; and

NOW THEREFORE, BE IT RESOLVED, on the 16th day of October, 2023, the City Council of the City of Hollister authorizes the execution of the Salary and Benefits Plan and Salary Schedule for the Executive Management Unit for the period of July 1, 2023 - June 30, 2024.

ATTACHMENTS:

1. Executive Unit - Salary and Benefits Plan Effective July 1 2023

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE

STAFF RECOMMENDATION
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David Mirrione, City Manager

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City of Hollister

EXECUTIVE MANAGEMENT UNIT

SALARY AND BENEFITS PLAN

ADOPTED OCTOBER 16, 2023

EFFECTIVE JULY 1, 2023

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TABLE OF CONTENTS·

Section 1. APPLICATION OF SALARY AND BENEFITS PLAN Page 1 Section 2. SALARY ADJUSTMENT Page 1
Section 3. HOLIDAYS Page 2
Section 4. VACATION
A. Entitlement Page 3
B. Accrual Page 3
C. Maximum Accrual Page 3
D. Floating Holidays Page 4
Section 5. SICK LEAVE
A. Entitlement Page 4
B. Accrual Page 4
C. Sick Leave Conversion to Cash Page 4
D. Vacation Conversion to Cash Page 5

Section 6. ADMINISTRATIVE LEAVE Page 5
Section 7. INSURANCE
A. Description Page 6
B. Health Insurance Options Page 6
C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan Page 6 D. Terms of Health Care Participation Page 7
E. Health Care Contributions Page 7
F. Vision Insurance Page 8
G. Dental Insurance Page 8
H. Life Insurance Page 8
I. Long Term Disability Insurance Page 8
J. Health Insurance Waiver Option Page 8
K. Optional Health Benefits Page 9
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L. Flexible Spending Accounts Page 10
M. Life Insurance Page 10

Section 8. RETIREMENT
A. Contribution Page 10
B. 1959 PERS Survivor Death Benefit Page 12
C. One-Year Final Compensation Benefit Page 12
D. DROP Program Page 12

Section 9. PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM

A. Professional Certificates Page 13
B. College Degrees and Certificates Page 13
C. Additional Eligibility Requirements Page 13

Section 10 PROFESSIONAL CERTIFICATE PAY Page 14
Section 11. TUITION REIMBURSEMENT Page 15
Section 12. DEFERRED COMPENSATION PROGRAM Page 15
Section 13. · BILINGUAL ALLOWANCE Page 15
Section 14. DRUG FREE WORKPLACE POLICY Page 16
Section 15. MILEAGE REIMBURSEMENT / VEHICLES Page 16 Section 16. JURY DUTY AND SUBPOENAED WITNESS Page 17 Section 17. LONGEVITY BONUS PAY Page 17
Section 18. EVENT PAY Page 17
Section 19. SAFETY EQUIPMENT Page 17
Section 20. TERM OF AGREEMENT Page 17

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1. APPLICATION OF SALARY AND BENEFITS PLAN
This Salary and Benefits Plan shall apply to the Executive Management Employees' Unit (hereafter referred to as "Executive Management Employees". This Unrepresented Unit includes the following Unrepresented Classifications.

Administrative Services Director
Airport Director
Airport Manager
Assistant City Manger
Assistant IT Director
Building Official
City Clerk
City Engineer
City Manager
Development Services Director
Fire Division Chief/Fire Marshall
Fire Chief
Human Resources Manager
Information Systems Manager
IT Director
Parks & Recreation Director
Police Captain
Police Chief
Program Manager
Public Works Director
Utility Manager
The Benefits stated in this Plan shall also apply to the Executive Management Employees under Employment Contract with the City, unless stated otherwise. Contracted Employees are not eligible for Salary Adjustments under Section 2.

2. SALARY ADJUSTMENT
Contracted Employees are not eligible for the Salary Adjustment under this Section. Wage Increases:

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Effective upon execution of the MOU Resolution:

1. Effective the first full pay period beginning October 9, 2021(Upon Council Approval Date) the City shall apply a two and a half percent (2.5%) across-the-board increase to the base salary of all classifications except Police Captains.

2. Police Captains
Effective the first full pay period beginning October 9, 2021(Upon Council Approval Date) the City shall apply a seven and a half percent (7.5%) across-the-board increase to the base salary of all classifications.

1. Effective the first full pay period after July 1, 2023, the City shall apply a six percent (6%) increase to the salary schedule for all classifications in this unit. The City Manager classification is exempted and is not entitled to this pay increase.

2. This change is memorialized in the Salary Schedule included as ATTACHMENT A.

Cost of Living Adjustment
A Cost of Living Adjustment (COLA) shall be applied to all unit classifications effective the first full pay period after July 1, 2022. The COLA shall be applied by the following method:

The COLA shall be determined annually, based on increases in April's Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-San Jose area (CPI-U), using base period 2021-2022. The ratio is calculated and rounded to the nearest one-half percent (0.5%) with an annual maximum COLA of 3.5%.

3. HOLIDAYS
A. Holiday Schedule
All Executive Management employees are entitled to 10.5 12.5 paid holidays per year. These holidays are as follows:

January 1 New Years Day
Third Monday in January Martin Luther King Jr. Day
Third Monday in February Presidents Day
March 31 Cesar Chavez Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
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November 11 Veterans Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day After Thanksgiving
December 241h (1/2 day) Christmas Eve
December 25th Christmas Day
If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.

B. Holiday Office Closure
For the term of this contract, employees shall be paid for the following closure days for • December 27, 28, 29, 30, 2021, a total of thirty-two 32 hours, four (4) days • December 27, 28, 29, 30, 2022, a total of thirty-two 32 hours, four (4) days This shall be in addition to the paid holidays of Christmas and New Year's Day.

The Holiday Office Closure will apply to full and part-time City Employees. Department heads will assess their operations to determine the extent to which they will participate in total or partial closure of office to the public during the specified period. Those departments for which is impractical to consider closure for the days listed below will establish alternate days for employees to use the required Holiday Office Closure hours.

The City Manager may elect to close certain City offices to the public between the Christmas and New Year’s Day holidays. However, it will also be necessary to have a base level of staffing to open and operate certain offices during core business hours. Not all departments will be impacted as some public services must be provided on a continual basis.

To accommodate these needs, the City will provide all unit members a bank of thirty-two (32) HOLIDAY CLOSURE HOURS. An employee will have the option, with Department Head approval, to use HOLIDAY CLOSURE HOURS at any point between November 1 – December 31. There are no exceptions to these dates. HOLIDAY CLOSURE HOURS cannot be cashed-out and carry no cash value. Unused hours will be forfeited.

It is the employee's responsibility to ensure that required hours are taken off work prior to the end of each applicable fiscal year. Management will make every effort to accommodate employees' requests for the equivalent hours of time off.

The Holiday Office Closure is neither grievable nor appealable. However, employees who believe that the Holiday Officer Closure has not been administered according to the provisions of this agreement, including not being granted the time off, may request a review by an advisory committee composed of one (1) unit representative and one (1) City Management representative.

C. Juneteenth National Independence Day
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Juneteenth National Independence Day was recognized as a federal holiday on June 17, 2021 when the president signed the Juneteenth National Independence Day Act into law. The City shall provide an additional paid holiday on June 19'h of each year upon execution of this contract.

4. VACATION
A. Entitlement
All Executive Management employees are entitled to accrue vacation based on B. Accrual below.

Employees may take accrued vacation after the completion of six (6) months of service.

B. Accrual
Years of Service: Annual Vacation Accrual
1st through completion of 3rd 10 Days
4th through completion of 7th 15 Days
8th through completion of 15th 20 Days
16th through completion of 20th 22 Days
Beginning of 21st year 25 Days

Police Chief and Police Captain classifications shall accrue at the following rates:

Years of Service: Annual Vacation Accrual
1st through completion of 3rd 12 Days
4th through completion of 7th 17 Days
8th through completion of 15th 22 Days
16th through completion of 20th 24 Days
Beginning of 21st year 27 Days

C. Maximum Accrual
Executive Management Employees may only accumulate a maximum of 35 working days (280 hours) of vacation without the authorization of the City Manager. Accumulated vacation time of more than 35 days (280 hours) authorized by the City Manager must be used prior to the end of the calendar year or it will be lost.

D. Floating Holidays
Executive Management Employees shall receive two (2) floating holidays for the fiscal year for their use beginning on July 1 of each fiscal year.

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5. SICK LEAVE
A. Entitlement
Sick leave shall be accrued at a rate of twelve (12) days per year (8 hours per month).

B. Accrual
Unused Sick Leave may be accrued without limit.

C. Sick Leave Conversion to Cash
All Executive Management Employees may be compensated for a percentage of accrued, unused sick leave to cash at retirement or death from City employment. The provisions for this policy are as follows:

1. Executive Management Employees may not "cash out" or be compensated for any of the first 240 hours of sick leave accrued.

2. Any Executive Management Employees having completed 10 years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for one hundred percent (100%) of accrued, unused sick leave at the employee's hourly rate of pay at the time of retirement from City service.

3. The surviving spouse or State-registered Domestic Partner, beneficiary(s), dependent(s), or estate of any current employee of this unit who has completed 10 years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for one hundred percent (100%) of accrued, unused sick leave at the employee's hourly rate of pay at the time of death.

4. Any Executive Management Employee having completed 10 years of continuous service with the City and having an unused sick leave accrual balance exceeding 500 hours may, at their option, "cash out" up to a maximum of 96 hours (12 days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than 500 hours.

5. Compensation for unused, accrued sick leave will be made at the employee's rate of pay at the time of" cash out". Requests for payment of unused sick leave as described herein, shall be made in writing to the Administrative Services Department at least 30 days in advance of June 1st and December 1st of each year

6. Payments of "cashed out" unused sick leave will be made on the first pay day which follows June 1st and December 1st of each year.

D. Vacation Conversion to Cash
Executive Management Employees may cash out vacation leave hours in the increments of ten (10) hours as long as it has been budgeted and must have the City Manager's Approval. Compensation for vacation leave cashed out will be made at the employee's rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Administrative Services Department at least thirty (30) days in advance.

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Payments of cashed-out vacation leave will be made on the first full pay day which follows the end of the thirty (30) day advance. This payment will be made in the regular payroll check issued for that pay period.

6. ADMINISTRATIVE LEAVE
All Executive Management Employees shall receive eighty (80) hours Administrative Leave on July 1m of each fiscal year. The terms for use of Administrative Leave are as follows:

A. Administrative Leave credit will be accrued at the rate of 3.08 hours per pay period.

B. The entire eighty (80) hours of Administrative leave will be advanced and be available for use on July 1 of each fiscal year.

C. Leave usage must be identified and recorded on the official time card for the period in which leave was taken.

D. Residual Administrative Leave not utilized during the fiscal year may not be carried over into a subsequent year unless prior approval by the City Manager.

E Administrative Leave shall not be cumulative and may be cashed out a maximum amount up to 28 hrs. per fiscal year. Unused accrued Administrative Leave shall be paid out upon termination or retirement.

F. Excluding the provisions pursuant to Paragraph [G] below, in the event an eligible employee terminated during the year, unused accrued Administrative Leave shall be paid out in the same manner as unused vacation. If leave has been taken beyond that which is accrued, the employee must pay back all excess leave taken.

G. For eligible employees hired during the year, prorated leave credit will be accrued from the date of hire.

H. Each Executive Management Employee shall have the right to donate at any time all or a portion of his or her Administrative Leave to any City Employee pursuant to Resolution 2006-15 (Catastrophic Illness or Injury). Such donations shall not be subject to the requirement for repayment of Administrative Leave under Section [6] (E) herein.

7. INSURANCE
A. Description
The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter "Plan") is available to full-time employees (hereinafter "Employees"). There will be three participation levels as referenced under Section [E]. Optional benefits are listed below. Once an election is made, it will remain in force until the next open enrollment period. A Third Party Administrator (T.P.A.) fee will be paid by the employees that participate in the Plan.

B. Health Insurance Options

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The City shall provide employees with the choice of participating in the Public Employees' Medical and Hospital Care Act (PEMHCA) program offered by CALPERS.

C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

1. The City shall provide for unit members an IRS Code Section 125 Flexible Benefits/Cafeteria Plan in accordance with all applicable state and federal laws and regulations.

2. The City shall contribute towards the medical, dental and vision care plan amounts allocated in accordance with the City's IRS Code Section 125 Flexible Benefits/Cafeteria Plan as specified below.

3. The City shall allocate specified amounts of "Flex Credits" to the employee's flexible benefit account.

These amounts shall consist of the following:
a. The City will contribute a dollar amount towards medical insurance, based on PEMHCA's Platinum medical plan for Calendar Year 2022.
b. For Calendar Year 2023, the City will increase its contribution by the actual increase or an amount not to exceed 10%.
a. For Calendar Year 2023, the City will continue to contribute a dollar amount towards medical insurance premiums at the following levels:

COVERAGE EMPLOYER CONTRIBUTION
Employee Only $1,162.71
Employee Plus One $2,325.42
Employee Plus Family $3,023.05

b. For Calendar Year 2024, the City will increase its contributions by the actual increase to the PERS Platinum plan, or an amount not to exceed 10%.
c. An amount equivalent to the City's contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E]. d. An amount equivalent to the City's contribution towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E]. e. In the event that surplus Flex Credits are available, any Executive Management employees shall have the option to allocate such Flex Credits to one or more of the following:
• Executive Management Employees Flexible Spending Account. • Roth Individual Retirement Account (IRA).
• ICMA or City-authorized 457 Deferred Compensation Plan.

If a Unit Employee's residual "Flex Credits" are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.

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4. Employees who waive either dental and/ or vision coverage shall have the option to apply available flex credits towards the cost of any optional premium listed in the Section K. The cost of the optional premium not covered by available flex credits shall remain the employee's responsibility.

5. Employees who elect to waive any or all health coverage shall be subject to the terms and provisions described under Section CT] below.

D. Terms for Health Care Participation
Participation and coverage in the medical, dental, and vision care plans shall be in accordance with the terms and conditions of the insurance carrier.

E. Health Care Contributions

1. Employee-only Premium
The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee-only premium at the time of adoption of this Salary and Benefits Plan for each member of the unit for Calendar Year 2022. The employee-only premium for medical insurance shall be in accordance with Section [C] above.

2. Employee Option for Dependent Coverage
Starting Calendar Year 2022, for those employees who elect the option for dependent coverage for medical, dental, and vision insurance plans, the City shall contribute monthly amounts equal to the employee plus one and employee plus family toward such dependent coverage for Calendar Year 2022 in accordance with Section [C] above. This section does not affect the current coverage for Calendar Year 2021.

F. Vision Insurance
The City shall provide a vision care insurance plan which is available to eligible unit members and qualified dependents during the term of this Salary and Benefits Plan.

The City shall offer vision care insurance for employees and qualified dependents as a pre-tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.

G. Dental Insurance
The City shall offer dental care insurance for employees and qualified dependents as a pre-tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.

H. Life Insurance
The City shall provide term life insurance in the amount equal to $100,000 for each member of the unit for the term of this Salary and Benefits Plan Additional term life insurance may be purchased by the employee in increments of $10,000 up to a total of $250,000.

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I. Long Term Disability Insurance
The City agrees to provide to all employees within this unit at City cost a Supplemental Long Term Disability Plan, coordinated with other existing benefits to provide no more than a thirty (30) day exclusion or elimination period; no less than a one-year benefit for accident or illness; and a minimum scheduled benefit of sixty-six percent (66%) or two- thirds (2/3) of gross salary to a maximum of $7,000 for the term of this Salary and Benefits Plan. The City in its sole discretion shall select the Supplemental Long Term Disability Plan carrier that meets these requirements.

J. Health Insurance Waiver Option

1. Employees within this bargaining unit who elect not to participate in the City's health care insurance program will be compensated in an amount as follows:
• $535 Employee Only
• $1,075 Employee plus one
• $1,380 Employee plus family
The compensation will be based on the employer's contribution towards the premiums for the City's health plan at the level in which the employee is eligible to participate (employee only, employee plus one dependent, employee plus two or more dependents) at the time of waiving City insurance coverage in accordance with Section [3] below. This cash amount will be paid as part of the employee's bi-weekly payroll.

2. Employees within this unit shall be eligible to elect not to participate in the City's health care program only after participating for a minimum period of one year immediately preceding the election.

3. Employees within this bargaining unit electing not to participate in the City's health care insurance program must annually provide proof of medical insurance coverage by an outside provider in order to maintain payment under this waiver option.

4. For employees who elect not to participate in the group medical coverage offered by the City, the City will provide dental and vision coverage for the employee and his/her dependents at no cost to the employee.

5. In addition to the coverage options specified under Article 7. Insurance of the Memorandum of Understanding between the City of Hollister and Executive Management Employees, the following optional health benefits shall be available to the employees of this bargaining unit.

K. Optional Health Benefits
Employees within this unit that have elected to participate in a City-offered medical plan can also elect to participate in the optional benefits. If the employee has any surplus flex credits after making all elections required to participate in the medical insurance, the employee can use that surplus toward optional qualified insurance benefits or one or both of the pre-tax spending accounts. Employees that wish to participate in the optional benefits plan, but do not have any surplus credits, can elect to have a pre-tax payroll deduction in an amount to cover the cost of their elections.

Employees may pay the premiums for the following benefits on a voluntary basis:

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• Medical Insurance
• Dental Insurance
• Vision Insurance
• Group Term Insurance up to $50,000 for Employees only • Accidental Death and Dismemberment Insurance
• Short Term Disability Cancer Insurance
• Supplemental Health Insurance Accidental Only
• Insurance Intensive Care Insurance
L. Flexible Spending Accounts (FSA's)
The City agrees to offer a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law to be funded by employee.

The City agrees to offer a pre-tax medical reimbursement account, up to the IRS maximum amount per year per employee.

M. Life Insurance
The City shall offer a voluntary supplemental life insurance plan through the flexible benefits plan for pre-tax contributions by the employees. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier. Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.

8. RETIREMENT
A. Contribution (Based on Retirement Category):

Airport Manager, Development Services Director, lnformatio11 Systems & Technology Director, Program Manager, Human Resources Manager, Administrative Services Director, City Clerk, City Engineer, Community Services Director, Utility Manager and Parks and Recreation Director.

All unit members enrolled in the PERS Miscellaneous retirement plan:

Tier 1
Effective the first full pay period after the execution of the Salary and Benefits Plan, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS "2.5% @ age 55" Retirement Benefit Plan shall pay eight percent (8%) of their Compensation and all unit employees under the Public Safety (Police and Fire) CalPERS "3% @ age 50" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 2
Effective the first full pay period after the execution of the Salary and Benefits Plan, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS "2% @ age 60" Retirement Benefit Plan shall pay seven percent (7%) of their Compensation and G.5.a
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all unit employees under the Public Safety (Police and Fire) Ca!PERS "3% @ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier3
Effective on or after January, 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

Police Chief and Police Captain:

Tier 1
Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Police CalPERS "3%@ age 50" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 2
Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution cl1anging the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Police CalPERS "3%@ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 3
Effective on or after January 1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

Fire Chief and Fire Division Chief
Tier 1
Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the Ca!PERS Retirement Employee Contribution Rate, all unit employees under the Public Safety – Fire CalPERS "3% @ age SO" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 2
Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Fire CalPERS "3% @ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

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Tier 3
Effective on or after January 1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

B. 1959 PERS Survivor Death Benefit
The City shall provide the PERS Section 21574 "Fourth Level 1959 Survivor Death Benefit" for all eligible unit members for the term of this contract. The City shall pay the employer rate contribution. The employee shall pay the member rate contribution.

C. One-Year Final Compensation Benefit
The City shall provide the PERS Section 20042 "One Year Final Compensation" benefit for eligible unit members.

All new employees hired on or after January 1, 2013, and who are defined as a "new Member" under PEPRA, are subject to the new State Formulas, Final Compensation Period, and Contribution requirements as established by the PEPRA.

D. DROP Program (Deferred Retirement Option Plan)
For the term of this contract, the City agrees to discuss consideration of implementing a DROP Program for the next contract.

9. PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM
Employees who have successfully completed probation shall be eligible to receive a one-time professional development incentive for obtaining certificates or degrees received after the date of this Salary and Benefits Plan. A professional development incentive shall not be awarded if the certification or degree is a minimum requirement for their position.

The certificate must relate to the employee's current position or future lateral or promotional opportunities with the General Employees Unit, Mid-Management Association or the unrepresented units of Confidential Employees and Executive Management. Vocational Training, for purposes of this section, is defined as a minimum of 100 hours of specific training in a career field which results in a certificate of completion. The minimum one hundred (100) hours shall be documented classroom time or in the case of a correspondence program identified as the average length of time required to complete the program certification as documented by the certifying agency or institution. Only one (1) professional development incentive per calendar year can be received by an employee. If an employee receives a Ph.D., Master's degree or Bachelor's degree in a calendar year, the employee may also receive one (1) additional professional development incentive for a certificate earned in the same calendar year.

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A. Professional Certificates - $2,500.00 Lump Sum
• Fire - Emergency Medical Technician, Hazard Materials Certification.

B. College Degrees and Certificates - $2,500.00 Lump Sum • Ph.D.
• Master's Degree
• Bachelor's Degree
• Associate's Degree
C. Additional Eligibility Criteria
Additional licenses and certificates eligible for these professional development incentives, not listed in this Article, may be reviewed and approved by the City Manager in accordance with the following criteria:

The license or certificate submitted for consideration must directly relate to the employee's current position or future lateral or promotional opportunities in accordance with the provisions of this section.

The employee earning the license or certificate shall be subject to duties and assignments commensurate with the level of proficiency attained under the City's Professional Development Incentive Program.

After the effective date of this Salary and Benefits Plan, all such requests for consideration for eligibility for such license and certificate incentives shall be submitted to the Department Head for review, with final approval by the City Manager at his/her sole discretion. The City Manager's determination is not subject to appeal.

The process for receiving a professional development incentive under this program shall be:

Prior to beginning any class, program, seminar or study toward a desired certificate or degree, the employee must submit a request to his/her department head for consideration and approval of bonus award. Qualifying classes, programs, seminars or study toward a desired certificate or degree shall not be denied.

If prior approval is not obtained, the class, program, seminar or study toward a· desired certificate or degree shall not fall within the scope of this Professional Development Incentive Program.

Upon obtaining a copy of the certificate or degree, payment will be processed for the specified incentive. Professional development incentives shall not be granted prior to receiving a copy of the degree or certificate.

The following are not eligible for consideration under this Section:
• Any driver's licenses
• Certificates, licenses, or degrees required for the position the employee holds G.5.a
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• Certificates, licenses, or degrees earned at the expense of the City including City sponsored training programs and consortium training programs except for approved tuition reimbursement pursuant to Section 8.10 (D) and (E) of the City of Hollister Personnel Rules & Regulations for Associate degrees, Bachelor's degrees, Master's degrees, and Ph.D. degrees.

10. PROFESSIONAL CERTIFICATE PAY
The Executive Management members who possess and maintains a Professional Certificate up to a maximum of three (3) shall be entitled to Certification Pay in the amount of Three Percent of salary based upon the obtaining of and maintaining the Certificate. The Certificate must pertain to the member's position and shall remain subject to the needs and requirements of the City. Contracted Employees are not eligible for the Professional Certificate Pay under this Section.

Examples of Professional Certificates are:

Police - Intermediate, Advance, Supervisory, Management and Executive Information Systems - Microsoft, Computer Networking, Network Security Certifications Development Services - QSD, CECD
Management Services - Cross Connection

11. TUITION REIMBURSEMENT
Executive Management Employees are eligible to participate in the City's Tuition Reimbursement Program, which provides reimbursement of up to Three thousand five hundred dollars ($3,500) four thousand five hundred ($4,500) per employee per year of expenses incurred in job related educational programs which are approved by the City Manager.

A Tuition Reimbursement Advancement Program would allow Executive Management Employees who are in good standing, have completed their probationary period and has received approval form the City Manager to have amounts in excess of the Three thousand five hundred dollars ($3,500) four thousand five hundred ($4,500) in one year.

The program would require the employee to enter into an employment contract with the city. The contract would specify how many years of advancement would be provided to the employee and the prorated amount of years the employee must stay employed. If the employee leaves employment for any reason, that employee would be required to refund the remaining amount of the prorated funds.

Example: an employee has tuition and book cost of (Seven Thousand Dollars) $7,000.00 nine thousand dollars ($9,000) to finish his/her Bachelor's degree. The employee enters into a contract and the fund are paid in advance to the employee or school. However, (Seven Thousand Dollars) $7,000.00 nine thousand dollars ($9,000) is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer employee leaves employment after one year, that individual would be required to reimburse the city for the last year of tuition reimbursement that had been advanced.

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12. DEFERRED COMPENSATION PLAN
The City shall continue to provide a voluntary Deferred Compensation Plan for all employees of this unit for the term of this Salary and Benefits Plan.

13. BILINGUAL ALLOWANCE
Employees who perform technical bilingual skills (reading, writing and oral translation) for the benefit of the City on a regular and ongoing basis and who successfully pass City- administered proficiency test shall receive an allowance based on the level(s) of bilingual competency listed below.

Level I - Oral Translation
Employees who perform technical bilingual skills (reading, writing, translation) and who successfully pass a City-administered proficiency test shall receive an allowance of one hundred seventy-five dollars ($175.00) per month.

Level II - Written Translation
For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred and twenty-five dollars ($125.00) per month. Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department's need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Managers approval.

Employees who become eligible for Level II will be required to serve as an oral translator and/or provide written translation in the course of the employee's duties on a regular and on- going basis, per the City's needs. These employees may be called upon by other departments on an as need basis.

Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (i.e. City mailers, informational brochures, inserts in city utility billings, social medial, public notices, and any additional documents as needed.) Employees, who are currently receiving Level I Bilingual Allowance, will not be required to retest in order to continue receiving the monthly allowance.

Police Chief and Police Captain classifications shall receive an additional $50.00 per month for each level: Level I at $225.00 per month and Level II at $175.00 per month.

14. DRUG FREE WORKPLACE POLICY
The City's Drug Free Workplace Policy, City Personnel Rule 2.05, adopted by Resolution 92- 116 (August 3, 1992), is incorporated by reference into this Salary and Benefits Plan.

15. MILEAGE REIMBURSEMENT/VEHICLES

1. The City shall reimburse all eligible unit members for mileage driven in their personal vehicles while conducting City Business at the rate specified by the Internal Revenue Service. Claims for such reimbursement must be submitted on the proper City form and approve by the city before payment can be made.

2. Vehicle Use (Emergency Response – City Manager, Police Chief, Police Captain, Fire Chief, Fire Division Chief, and Information Systems & Technology Director) - Executive Management G.5.a
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Employees, that have a vehicle assigned to the position, and such vehicle is equipped with emergency lights, siren and/ or tools or equipment essential to the work of that position and who's job description requires that employee to respond at times after hours and be subject to be "On Call", and respond to emergency situations, i.e., Crime investigations/Public Safety or computer network/ communication outage service calls, without further compensation for the afterhours response shall be allowed to take assigned vehicle home as long as such employee lives within a one-hour response time radius of the City. City will provide for fuel and vehicle maintenance.

16. JURY DUTY AND SUBPOENAED WITNESS
Any eligible employee of this unit shall be allowed to take leave from his/her City Duties without loss of wages, leave time or other benefits for the purpose of responding to jury selection or serving on a jury for which he/ she has been selected, subject to the limitation that an employee receive paid leave for jury duty not more than once per calendar year. In the case of serving on a jury more than one time during a year, the employee has the option of using leave time to mitigate loss of pay. No employee shall suffer loss of wages or other benefits responding to a subpoena to testify in court on behalf of the City.

17. LONGEVITY PAY
A longevity bonus shall be paid to employees of this unit who complete the following specified consecutive years of service. Contracted Employees are not eligible for the Longevity Pay under this Section:

NUMBER OF CONSECUTIVE YEARS LONGEVITY BONUS
10 – 14 Years Three Percent (3%) of Base Salary
15 – 19 Years Six Percent (6%) of Base Salary
20 or more years Nine Percent (9%) of Base Salary

Police Chief and Police Captain classifications shall use the following formula for longevity pay:

NUMBER OF CONSECUTIVE YEARS LONGEVITY BONUS
5-9 years Three percent (3%) of base pay
10-14 years Six percent (6%) of base pay
15-19 years Nine percent (9%) of base pay
20 or more years Twelve percent (12%) of base pay

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18. EVENT PAY
Any Executive Management Employee who is required to work a special event (i.e. Rally, Public Safety Strike Force Teams, HazMat Day, OTS Grant etc.) or any disaster with City Manager's approval will be compensated $500.00 per day.

19. SAFETY EQUIPMENT
The City agrees to provide all necessary protective clothing and safety equipment for members in this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/ or personal equipment. Personal protective vests will be replaced at City cost as per manufacturer's recommendations or repaired at City's option.

20. TERM
The term of this Salary and Benefits Plan shall commence on October 9, 2021 July 1, 2023.

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ATTACHMENT A:

Executive Management Unit Salary Schedule
(Biweekly Base Salary)

CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ADMIN SERVICES DIRECTOR $ 6,700.43 $ 7,053.08 $ 7,405.74 $ 7,776.02 $ 8,164.82 AIRPORT DIRECTOR $ 5,292.29 $ 5,556.91 $ 5,834.75 $ 6,126.49 $ 6,432.82 AIRPORT MANAGER $ 3,717.90 $ 3,903.79 $ 4,098.98 $ 4,303.93 $ 4,519.13 ASSISTANT CITY MANAGER $ 7,156.48 $ 7,533.14 $ 7,929.62 $ 8,326.10 $ 8,742.40 ASSISTANT IT DIRECTOR $ 5,796.69 $ 6,101.78 $ 6,422.93 $ 6,760.98 $ 7,099.03 BUILDING OFFICIAL $ 4,825.09 $ 5,066.34 $ 5,319.66 $ 5,585.64 $ 5,864.92 CITY CLERK $ 4,963.54 $ 5,224.78 $ 5,499.77 $ 5,789.23 $ 6,078.69 CITY ENGINEER $ 6,365.41 $ 6,700.43 $ 7,053.08 $ 7,405.74 $ 7,776.02 CITY MANAGER - - - - $ 10,576.92
DEVELOPMENT SERVICES DIRECTOR $ 6,604.61 $ 6,934.84 $ 7,281.58 $ 7,645.66 $ 8,027.94 DIVISION FIRE CHIEF / FIRE MARSHALL $ 5,532.89 $ 5,809.54 $ 6,100.01 $ 6,405.01 $ 6,725.27 FIRE CHIEF $ 6,859.87 $ 7,220.91 $ 7,581.96 $ 7,961.05 $ 8,359.11 HUMAN RESOURCES MANAGER $ 4,684.54 $ 4,918.77 $ 5,164.71 $ 5,422.94 $ 5,694.09 INFORMATION SYSTEMS MANAGER $ 5,532.89 $ 5,809.54 $ 6,100.01 $ 6,405.01 $ 6,725.27 IT DIRECTOR $ 7,245.87 $ 7,627.23 $ 8,028.66 $ 8,451.22 $ 8,873.78 PARKS & RECREATION DIRECTOR $ 6,604.61 $ 6,934.84 $ 7,281.58 $ 7,645.66 $ 8,027.94 POLICE CAPTAIN $ 5,802.79 $ 6,092.93 $ 6,397.58 $ 6,717.45 $ 7,053.33 POLICE CHIEF $ 7,744.35 $ 8,151.95 $ 8,581.00 $ 9,032.63 $ 9,484.26 PROGRAM MANAGER $ 4,461.48 $ 4,684.55 $ 4,918.78 $ 5,164.72 $ 5,422.95 PUBLIC WORKS DIRECTOR $ 7,299.93 $ 7,664.93 $ 8,048.18 $ 8,450.59 $ 8,873.12 UTILITY MANAGER $ 5,292.29 $ 5,556.91 $ 5,834.75 $ 6,126.49 $ 6,432.82

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 5, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

TITLE OF ITEM: UPDATES TO CITY COUNCIL COMMITTEE ASSIGNMENTS

BRIEF DESCRIPTION: Council shall designate councilmembers to be primary and alternate assignments for external agencies and City Council Committees.

RECOMMENDATION: Designate primary and alternates for all external agency and City Council Committee assignments.

DEPARTMENT SUMMARY: At the September 5, 2023 City Council meeting, Councilmember Morales requested an update on Council ad hoc committees, including information regarding which committees were active. At the September 18, 2023 City Council meeting, the City Council voted to remove Councilmember Resendiz from his committee assignments, and replacements are needed. The Mayor determines City Council Committee assignments for external agencies and City Council Committees, and the City Council ratifies the assignments by consensus.

The Ralph M. Brown Act outlines the requirements for meetings of temporary advisory committees, as distinguished from standing committees, which are made up solely of less than a quorum of a legislative body, are not subject to the Brown Act. Typically, these temporary or ad hoc committees have a limited or single purpose, are not perpetual, do not have a fixed meeting schedule set by a legislative body, and dissolve when a specific task is complete.

The City’s ad hoc committees established in the last three years are as follows:

Committee Name/Purpose Creation Date
Economic Development Ongoing for
several years

Fire Ad Hoc Committee 6/28/21
Police Communication Center Ad Hoc Committee (unofficially sunsetted) 9/7/21 Charter City/Council Term Limits Ad Hoc Committee (unofficially sunsetted)
9/7/21
Community Beautification (unofficially sunsetted) 9/20/21 San Benito County Library Ad Hoc Committee 3/21/22
Committee for Motorcycle Rally and Festivals (Downtown Business Ad Hoc Committee) (unofficially sunsetted)
4/18/22
Animal Shelter Ad Hoc Committee 2/6/23
Ad Hoc Committee to work with San Benito Healthcare District Re: Hazel Hawkins Hospital
6/26/23
Council Code of Conduct Ad Hoc Committee 9/5/23

The following assignments have been recommended by the Mayor:

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Committee Name Assigned Council member(s)
Animal Ad Hoc Committee • Mayor Mia Casey (previously appointed) Central Coast 3CE • Vice-Mayor Dolores Morales, District 2 (previously appointed)
• Mayor Mia Casey (alternate member)
Downtown Business Ad Hoc Committee Committee unofficially sunsetted with the Council decision to not hold a motorcycle rally in 2023
Intergovernmental Committee • Mayor Mia Casey
• Councilmember Rick Perez, District 1
• Vice Mayor Dolores Morales (alternate
member)
Oversight Committee for the Former City of
Hollister Redevelopment Agency
• Councilmember Tim Burns, District 4
• Mayor Mia Casey (alternate member)
San Benito County (Integrated Waste
Management) Local Solid Waste Task Force
• Councilmember Rick Perez, District 1
• Councilmember Tim Burns, District 4
(alternate member)
Water Resource Association • Councilmember Rick Perez, District 1 (previously appointed)
• Mayor Mia Casey (alternate member)

Additionally, the City needs to appoint the Mayor to serve on the Remote Access Network (RAN) Board of Directors. RAN is a process created by the state to provide funding from vehicle registrations from within the county, which funding has previously been designated for the CAL-ID system which is the Live Scan fingerprint devices within the county. Historically, the money is enough to pay for the live scan fingerprinting computers and the connection to the California Department of Justice system and the annual software and equipment support. The local RAN Board decides how to allocate the funding and meet at least annually; however, it has not met since approximately 2014. The previous board made the decision to spend the funds on the Live Scan program.

The following assignments have been recommended by the Mayor:

Committee Name Assigned Council member
Remote Access Network (RAN) Board of
Directors
• Mayor Mia Casey

Depending on the action taken by the City Council on Resolution No. 2023-___, Mayor Mia Casey will also serve as the City’s representative on the Community Center Collaboratory of San Benito County.

FINANCIAL IMPACT: None.

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE

STAFF RECOMMENDATION

David Mirrione, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 3, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS

BRIEF DESCRIPTION: City Council requested a list of agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.

RECOMMENDATION: Receive the report and hold a discussion, if desired.

DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for staff to compile a list of all requests from Council that have been given to staff, back to January 18, 2022. The request is for this list to be added to, and placed under “Unfinished Business” on each agenda.

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