Laguna Hills City Council
May 26, 2026

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit "A"). When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 13, 2021 and ending on July 12, 2026 ("Initial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term ("Renewal Option").

3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, frres, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (1 0) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.5 Task Orders. Contractor hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project Task Order by the City. Furthermore, Contractor hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a Task Order will be issued to Contractor. Moreover, execution of this Agreement by the City shall not entitle Contractor to any form of payment or compensation from the City without City first having issued a project Task Order.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: Patrick Mahonev. President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to 9 1594035.1

personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation oflaw, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.

Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due 10 1594035.1

its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has fmancial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor's 11 1594035.1

existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.

5.2 Types of Insurance Reguired. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.1 Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, five million dollars ($5,000,000.00) in the general aggregate, and two million dollars ($2,000,000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least two million dollars ($2,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

5.2.3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer's Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

5.3 Acceptability of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best's Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
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5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
5 .4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to "ongoing operations", (2) exclude "contractual liability", (3) restrict coverage to "sole" liability of Contractor, or ( 4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant's failure to pay the insurance premium, the notice provided to City shall be by ten ( 1 0) days prior written notice.

5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.

5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of 13 1594035.1

recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

5.8 Evidence of Coverage. Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City's request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage.

5.9 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.

5.10 Enforcement of Agreement (Non-Estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.

5.11 Insurance for SubconsuJtants. Contractor shall include all subconsultants or subcontractors engaged in any Work or Services for Contractor relating to this Agreement as additional named insureds under the Contractor's insurance policies, or Contractor shall be responsible for causing its subconsultants or subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor's subconsultants or subcontractors performing any Work or Services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subconsultant or subcontractor to commence any Work or Services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subconsultant or subcontractor has secured all insurance required under this section.

5.12 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
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5.12.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

5.12.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.12.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

5.12.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor's obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.12.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

5.12.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the Work or Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense with legal counsel reasonably acceptable to City), indemnify, protect, and hold harmless City, its officials, officers, employees, agents and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Contractor's employees included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of, pertain to, or are related to Contractor's performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification obligation or 15 1594035.1

other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify the City, its elected and appointed officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims arise out of, pertain to, or are related to the sole negligence, active negligence, or willful misconduct of the City.

7. REPORTS AND RECORDS

7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City deems necessary to examine, 16 1594035.1

copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor's performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City may terminate this Agreement for any reason, with or without cause, upon giving Contractor thirty (30) days written notice. Upon such notice, City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination.

8.4 Default of Contractor.

8.4.1. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

8.4.2. If the City Manager, or the City Manager's designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance.

In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing 17 1594035.1

herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3.

8.4.3. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Annual Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided herein.

8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8. 7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Attorneys' Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys' fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default 18 1594035.1

or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his or her financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of any state statute or regulation. Contractor represents and warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor represents and warrants that it will not discriminate against any employee or applicant for employment because of race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, disability, medical condition, religion, color, sex, sexual orientation, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Notices or other communications shall be addressed as follows:

To City:

To Contractor :

City of Laguna Hills
Attention: City Manager
24035 El Toro Road
Laguna Hills, California 92653
Telephone: (949) 707-2600
West Coast Arborists, Inc.

Attention: Patrick Mahoney, President
2200 East Via Burton
Anaheim, California 92806
Telephone: (714) 991-1900
Facsimile: (714) 956-3745

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and 19 1594035.1

understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a fmal judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

10.5 Third Party Beneficiary. Nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.6 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.7. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he/she is signing is bound.

10.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
20 1594035.1

IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

ATTEST:

APPROVED AS TO FORM:
21 1594035.1
"CITY"

CITY OF LAGUNA HILLS,
a California municip.
"CONTRACTOR"
WESTCOAS c., a

EXHIBIT "A"

CONTRACTOR'S PROPOSAL/ SCOPE OF WORK
DATED: JUNE 23, 2021

SCOPE OF SERVICES FOR PROJECT

INCLUDING,

SCHEDULE OF PERFORMANCE
AND

SCHEDULE OF COMPENSATION/ FEES/ RATES/ UNIT PRICES
22 1594035.1

Tree Care Professionals Serving Communities Who Care About Trees June 23, 2021
City of Laguna Hills
Attn: City Clerk
24035 El Toro Road
Laguna Hills, CA 92653
RE: IFB: Citywide Tree Maintenance Services
Due: Thursday, June 24, 2021 at ll:OOAM
To whom it may concern;
www.WCAINC.com
Thank you for allowing West Coast Arborists, Inc. (WCA) the opportunity to submit a proposal for tree maintenance services for the City of Laguna Hills. WCA is a family-owned and operated company employing over 1,000 full-time employees providing various tasks to achieve one goal: serving communities who care about trees. We have reviewed, understand, and agree to the terms and conditions described in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability. Our proposal is valid for a minimum of 90 days.

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

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

WCA has a 48-year track record of working for more than 330 California and Arizona municipalities as well as other various agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Board under license #366764. We have held this license in good standing since 1978. The license specializes in Class C61 (Tree Service), Class C27 (Landscaping) and Class C31(Traffic Control). We currently employ over 80 Certified Arborists and over 150 Certified Tree workers, as recognized by the International Society of Arboriculture. WCA is also registered with the Department of Industrial Relations (DIR) for Public Works projects, our registration number is 1000000956. All work will be performed in-house; no subcontractors will be used.

Our employees will operate from our Anaheim Office located at 2200 East Via Burton, Anaheim, CA 92806. For questions related to this proposal and who has the authority to negotiate/present please contact Victor Gonzalez, V.P. Business Development, at (714) 991-1900 or at [email protected]. Kris Burbidge, Area Manager, will be assigned to this project should WCA be awarded a contract. He can be reached at (714) 920- 0567 or [email protected].

West Coast Arborists, Inc. • . . • • L1 • Page 187 of 347 BIDDER'S NAME: West Coast Arborists, Inc.
\

CITY OF LAGUNA HILLS

BID PROPOSAL FOR

CITYWIDE TREE MAINTENANCE SERVICES
TO CITY OF LAGUNA HILLS:

The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bids, Specifications, and Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.

CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bids, Specifications, and Sample Draft Citywide Tree Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Tree Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.

CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

CONTRACTOR acknowledges that it is the City's intention to award a Citywide Tree Maintenance Services Agreement for a period commencing on July 14, 2021. p- 1
1404157.1

CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed on an annual basis during the term of this Project, that the work shall only be performed on an as-needed, on-call individual Task Order basis only and no quantity of work or payment to Contractor is guaranteed to be authorized or granted by the City.

CONTRACTOR'S NAME: West Coast Arborjsts. Inc.

CONTRACTOR'S ADDRESS:
2200 East Via Burton
Anaheim CA 92806
(Signature)
DATE June 22, 2021
PHONE (ZK)991-1900 BY Richard Mahoney
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
I
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1404157.1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ____ O_r_an-'g~e______ )
06/23/21 Amelia Menzel, Notary Public
On----------before me,----------------------·
Date Here Insert Name and Title of the Officer
personally appeared -----=-P-=a:..::trc..:..;ic:..:.k.:..=M=.=a:.:..h=.=o;..:..;n:..=e:.Ly-=a::..:.n.:..:::d::......:....;R:.:..;ic::..:.h.:..:a::..:.r-=d...:.M:..:.a=h:...:.;o:..:n"'"'e::;..y,__ ______ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso whose na~ subsc · to the within lnstrumen.t and ackno~:1g~ that . executed thesamem--' r/their horized capacl~d that by · eir s· natu s n tnstrument the perso~ or the en ty upon behalf of which the pers~cted, executed the instrument.

Place Notary Seal Above
I certify under PENAL TV OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
-----------------------------OPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ------- --------------------- Document Date: ------------------- Number of Pages: _____ _ Signer(s) Other Than Named Above: ----------------------- Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney
liZI Corporate Officer - Title(s): President
0 Partner - 0 Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other: -------:-:-:-=-::--:------- Signer Is Representing: -"W...:..C.;:;.;...;A"- . .:..:.ln.:..::c...:... ____ _ Signer's Name: Richard Mahoney
~ Corporate Officer - Title(s): Secretarv
0 Partner - 0 Limited 0 General
0 Individual 0 Attorney in Fact
D Trustee D Guardian or Conservator
D Other: -----..,....,..,..~-:-------- Signer Is Representing: _,Wc..:.-=:C-=-A"- • .:..:.ln:..:::c-=-. ____ _ ~.~'!IMllL-ii«-~1reu:>ii~<~1•:<:.-~~~~~w~~~-m
©2016 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

CONTRACTOR'S INFORMATION
CONTRACTOR certifies that the following information is true and correct:

Contractor Name West Coast Arborists. Inc.

Business Address 2200 East Via Burton. Anaheim. CA 92806 FAX No. (IjA) 956-3745 Telephone (714) 991-1900
E-Mail address: vgonzalez@wcajnc com
State Contractor's License No. and Class 366764 C27.C31 ,C61/D49 Original Date Issued 12/13/1978 Expiration Date___:_:12=/=3..:..;.1/=20=2=2=------ Years this Company has been in the Maintenance Business ....:;4;u.9.._Y....,e .... a"""rs...__ _ _ _ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

Patrick Mahoney, President; 191 E Cobblestone Lane Anaheim CA 92807; 714-991-1900 Richard Mahoney, Secretary; 565 Peralta Hills Drive, Anaheim, CA 92807; 714-991-1900 Rose Epperson Treasurer; 32622-B Success Valley Road, Porterville CA 93257; 714-991-1900 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

N/A
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

TITLE P esident
DATE June 22 2021
Continued next page
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1404157.1

BIDDER'S NAME: West Coast Arborists, Inc.

REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for maintenance services:

1. Agency: City of Tustin
Address: 300 Centennial Way. Tustin. CA 92780
Telephone: 714-573-3355
Primary Contact Person/Title: J~a~so~n~C~hU:!u!!....:rc~h.!.!.!il!.-1 ----- ------ Years of service with this Agency: 15 Type of Work: Tree Maintenance Services Term of Agreement: Current Expiration Date: --'C=u=rr..:...::e=n=t ___ _ _

2. Agency: City of Fullerton
Address: 116 S. Basque Avenue. Fullerton. CA 92633
Telephone: 714-738-5345
Primary Contact Person/Title: _,_P_,_h.:..:..:ii....:.K..:.:.i=.: so=-:.r _____________ _ Years of service with this Agency: .....,2...,.3,_____ Type of Work: Tree Maintenance Services Term of Agreement: _C=urr,_,_e=n,_,_,t__ ___ Expiration Date: _C,.,._,urc..L; re ..... n ...... t~----

3. Agency: City of Huntington Beach
Address: P .0. Box 190, Huntington Beach. CA 92648
Telephone: 714-536-5480
Primary Contact Person/Title: _;G::::.r:....::e~gL..:P .....:e:::..:t=.e:....::rs,___ ___________ _ Years of service with this Agency: 13 Type of Work: Urban Forestry Management Term of Agreement: Current Expiration Date: __ c=u=r..:....:re::..:.n.:..:.t _ ___ _ Continued next page
P-4
14041571

BIDDER'S NAME: West Coast Arborists. Inc.

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR AND

SUBMITTED WITH BID

STATE OF CALIFORNIA )
) ss
COUNTY OF Orange )
Patrick Mahoney , being first duly sworn, deposes and says tha@or sWe is President of the party making the
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, Contractor association, organization, or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other Contractor to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Contractor or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Contractor or any other Contractor, or to fix any overhead, profit, or cost element of the bid price, or of that of any other, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Contractor has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereo , r di ulged information or data relative thereto, or paid, and will not pay, any fee to any o or ion, pa ship, company association, organization, bid depository, or to any memb r ency th reo to effectuate a collusive or sham bid.

Signatures to be Notarized,
Attach ACKNOWLEDGMENT
Continued next page
1404157 I
Signed
Patrick Mahone
Name (print)
President
Title
06/22/2021
Date
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of Orange
)
)
On 06/23/21 before me, ____ _,A'""m"""""'el..,ia._.M=en'""z,e.,.l ...... N~o""'ta...,rv~P_,u..,.b..,lic,__ _____ _, Date Here Insert Name and Title of the Officer
personally appeared ____ .:....P-=ac::.tr..:..::ic::.:.k.:....M:..:.=a:..:..;h:..::o;.:.;n:..::e;.,t.y _______________ _ Name(sJ of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person~ whose nam~>&~ ~cribed to the within instrument and acknowledged to me tha~he/they- executed th•fsamejp ~eritllefr authorized capacity.{jes);-and that b~rltheir signatur.e{skm1he instrument the person{$), or the entity upon behalf of which the persorl{eracted, executed the instrument.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the f regoing paragraph is true and correct.
-------------------------------------------------------OPTIONAL------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:---------------------------
Document Date: ------------------- Number of Pages: _____ _ Signer(s) Other Than Named Above: ---------------------- Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney
liZI Corporate Officer - Title(s): President
0 Partner- 0 Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other: -------:-:-=-=-::--:-------
Signer Is Representing: ___:.W..:...C;:;;A;...;:_. :..:..ln:..::c..:... ____ _ Signer's Name:-------------
0 Corporate Officer - Title(s): -------
0 Partner - 0 Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Cqnservator
0 Other: ------------- Signer Is Representing: --------- i.«<~-mrVV"'!;R,'WW'Sii<;'<ii!>~~~~ii<G~"'iii<-'iii(.."!i<ii\«.~'10<..~~~ ©2016 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

BIDDER'S NAME West Coast Arborists. Inc.

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES
BID PROPSAL (1 of 3)

ROUTINE TREE MAINTENANCE
Routine Tree Maintenance quantities are estimates, subject to change and subject to issuance of a Task Order
ITEM DESCRIPTION UNITS ANNUAL UNIT PRICE$ TOTAL$
NO. QUANTITY

THE FOLLOWING WORK IS FOR FULL TREE PRUNING
1 Up to 6" Diameter DBH EA 200
l$40.00 $8000.00
2 From 7" to 18" DBH EA 600
$60.00 $36000.00
3 From 19" to 30" DBH EA 300
$90.00 $27000.00
4 From 31 " to 36" DBH EA 40
$150.00 !tRnnnnn
5 Over 36" DBH EA 10
$300.00 l$3000.00

THE FOLLOWING WORK IS FOR CROWN RAISE/CLEARANCE PRUNE
6 Up to 6" Diameter DBH EA 50
'!t::ln nn ~1 ~nnon
7 From 7" to 18" DBH EA 200 $35.00 $7000.00
8 From 19" to 30" DBH EA 110 $40.00 $4,400.00
9 From 31 " to 36" DBH EA 50
$40.00 $2,000.00
10 Over 36" DBH EA 15
$50.00 $750.00

THE FOLLOWING WORK IS FOR PALM TREE SERVICES
11 Prune Date Palm EA 50
(Phoenix spp.) l$130.00 $6500.00
12 Ornamental Ball Shaping LF 20
for Date Palm (Phoenix spp.) $90.00 $1 .800.00
13 Prune Fan Palm EA 35
{\Nashingtonia spp.) $60.00 $2100.00
14 Skin Fan Palm LF 100
(Washingtonia spp.) $15.00 $1.500.00
15 Prune all other Palm Species EA 45
l$60.00 $2700.00
16 Clean trunk of all LF 40
Palm Species l$15.00 $600.00
17 Fruit Removal Only EA 100
l$60.00 l!tR nnn nn
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1404157. 1

Continued Next Page
BIDDER'S NAME: West Coast Arborists. Inc.

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED

ROUTINE TREE MAINTENANCE, CONTINUED
ITEM DESCRIPTION UNITS ANNUAL UNIT PRICE$ TOTAL$
NO. QUANTITY

THE FOLLOWING WORK IS FOR TREE REMOVAL
18 Tree & Stump Removal INCH 1200
_per diameter inch $3600 ~~?nnnn
19 Tree Only Removal INCH 2200
per diameter inch '$26.00 $51?0000
20 Stump Grinding INCH 280 !G1R nn ~48000
21 Special Handling and Disposal TON 7
fee for contaminated trees $100.00 $700.00

THE FOLLOWING WORK IS FOR ALL-INCLUSIVE TREE PLANTING AND WATERING 22 15-gallon tree EA 125
$165.00 $20,625.00
23 24" box tree EA 10
$345.00 $3,450.00
Total Routine Tree Maintenance Services in Figures $ 246.505.00 Total Routine Tree Maintenance Services in Words:
_T.L.lwl,l,;o~HII.llllywn.-du.re~d~..~E_.ou.rty~S""'j.a.x_,T.....,h.xo.-us...,a...,n...,.d ..... ..._E.....,jy""'e .... H~u ... n .... d .... r"'"'ed .......... a ..... nd .......... F.....,jy..,.e'---DOLLARS and 00 CENTS The comparison of lowest price bid shall be on the basis of the Total Routine Maintenance Services price bid.

Continue to next section
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14041571

BIDDER'S NAME: West Coast Arborists. Inc.

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED
BID PROPOSAL (2 of 3)
Extraordinary Tree maintenance Unit Prices
Extraordinary maintenance service costs are estimates for purposes of budgeting and establishing total costs for specific work task during the year. The quantity of work is not guaranteed. It may increase or decrease depending on the required work and subject to a Task Order issued by the City. The below unit prices shall be all-inclusive of labor, equipment and rna t . ena I san d no a dd'f r rona I compensa f ron wr ·11 b ea II owe d th ere f ore.

ITEM DESCRIPTION UNITS ANNUAL UNIT PRICE$ TOTAL$
NO. QUANTITY

THE FOLLOWING WORK IS FOR FULL TREE PRUNING
1 Up to 6" Diameter DBH EA 10
$80.00 l$800.00
2 From 7" to 18" DBH EA 60
$250.00 l$15 000.00
3 From 19" to 30" DBH EA 100
l$425.00 $42500.00
4 From 31" to 36" DBH EA 10
$600.00 $6,000.00
5 Over36" DBH EA 5
$825.00 $4.125.00
The Following Fully Burdened Rates Shall Be Provided.

ITEM DESCRIPTION UNITS UNIT PRICE$
NO.
1 3 Man Crew+ 1 Aerial Lift Truck + 1 Chipper Truck HOURLY l$300.00
2 4 Man Crew+ 2 Aerial Lift Trucks + 1 Chipper Truck HOURLY ~0000
3 5 Man Crew+ 2 Aerial Lift Trucks + 1 Chipper Truck HOURLY $500.00
4 3 Man Crew+ 1 Aerial Lift Truck + 1 Chipper Truck PER DAY $2.700.00
5 Emergency Response during normal work day HOURLY
Paid at a 2-hour minimum l$450.00
6 Emergency Response during after-hours/weekends HOURLY Paid at a 4-hour minimum ~~nnn
7 Risk Assessment Report by Arborist HOURLY
Level 1, 2 or 3 $160.00
8 Tree Canopy Spraying from ground level INCH
$6.00
9 Insecticide or Fungicide & PGR Trunk Banding INCH
$6.00
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BIDDER'S NAME: West Coast Arborists. Inc.

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED
E x t raor md" ary T ree M . am t enance, c on t' mue d ITEM DESCRIPTION UNITS UNIT PRICE$
NO.
10 Senior Tree Trimmer HOURLY
!£1on no
11 Tree Trimmer HOURLY
$100.00
12 Grounds Person HOURLY
$100.00
13 Supervisor HOURLY
l!£100_00
14 Operating Engineer HOURLY
$150.00
15 Plant Health Care Specialist HOURLY
$150.00
16 Plant Health Care Technician HOURLY
!£100 00
17 Pick-up Truck HOURLY
[$0
18 43' Rear Mount Aerial Lift HOURLY
[$25.00
19 52' Rear Mount Aerial Lift HOURLY
$25.00
20 55' Rear Mount Aerial Lift HOURLY
$25.00
21 60' Rear Mount Aerial Lift HOURLY
$50.00
22 65' Rear Mount Aerial Lift HOURLY
$50.00
23 70' Rear Mount Aerial Lift HOURLY
1~ -.n nn
24 75' Rear Mount Aerial Lift HOURLY
l$75.00
25 80' Rear Mount Aerial Lift HOURLY
.$100.00
26 90' Rear Mount Aerial Lift HOURLY
$100.00
Continue to next section
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1404157 I

BIDDER'S ·NAME: West Coast Arborists. Inc.

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED
E x t raor d' mary T ree M . am t enance, c on t' mue d ITEM DESCRIPTION UNITS UNIT PRICE$
NO.
27 Box/Chip Truck HOURLY
$25.00
28 Small Brush Chipper HOURLY
$25.00
29 Medium Brush Chipper HOURLY
$25_00
30 Large Brush Chipper HOURLY
l$25.00
31 Utility Vehicle HOURLY
$25.00
32 Small Stump Grinder HOURLY
9i?5 no
33 Medium Stump Grinder HOURLY
$25.00
34 Large Stump Grinder HOURLY
$25.00
35 Root Pruner HOURLY
$25.00
36 Stake Bed Truck HOURLY
$25.00
37 Dump Truck HOURLY
1$25 00
38 40 Yard Roll-Off Truck HOURLY
$100_00
39 40 Yard Roll-Off Truck with Drop Axle HOURLY
$100.00
40 40 Yard Roll-Off HOURLY
ct1nn nn
41 Loader HOURLY
l$50 00
42 Crane HOURLY
$200.00
43 Arrow Board HOURLY
$50.00
44 Utility Trailer HOURLY
$0

EQUIPMENT INVENTORY
Contractor shall provide, as a separate attachment, the model, make and year of the primary equipment proposed to be used on this Project. Do not list hand tools.

Continue to next page.
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1404157 I

BID PROPOSAL SUBMISSION STATEMENT
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this 22nd day of June , 2021.

NOTE: CONTRACTOR MAY, AT THEIR SOLE DISCRETION, PROVIDE A LISTING AND

DESCRIPTION OF ADDITIONAL SERVICES THEY OFFER, ADDITIONAL REFERENCES,

AND ADDITIONAL COMPANY INFORMATION DESCRIBING THEIR UNIQUE

QUALIFICATIONS TO AID THE CITY IN DETERMING THE BEST QUALIFIED VENDOR BY ATIACHING UP TO 10 ADDITIONAL PAGES TO THIS BID PROPOSAL. CITY MAY UTILIZE THIS INFORMATION IN ITS EVALUATION OF THE "BEST QUALIFIED VENDOR" IN ACCORDANCE WITH LHMC 3-08.090 and 3-080.100.

BIDDER/CONTRACTOR NAME: West Coast Arborists. Inc.

Signatures to be Notarized,
Attach ACKNOWLEDGMENT
1404157.1
By
President
Title
p -11

W. WHILLS
‘ij m "‘V
WEAINEVEDM - BDD.521.3714 - LIE #358784 - [NR #mDDDDDBBB ‘ ’ x’-};"WI-. ‘ ‘- ' . ' ‘ .‘ . . .~‘f‘ .., ‘ .4 :, .3 » ”1,;‘0 . ‘ i. ‘ ‘. ‘ " "

WEST CI1AST ARBDRISTS, INC. {WCA) is a family-owned and operated union company employing over I.ODD full-time employees providing tree maintenance and management services. We are proudly serving over 330 municipalities and public agencies. We provide superior and safe tree care operations seven days a week. 24 hours a day throughout ~alifornia and Arizona.

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: ~orporation
Established: 1972
FederaiTaxiD: 95-3250882
DIR Registration: 1000000958
Members of laborers' Union: LiUNA!

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim. ~A 92808

REGIONAL OFFICES
Fresno. ~A
Indio. ~A
Phoenix. AZ
Pinole. CA
Riverside. ~A
Sacramento. CA
San Diego. CA
San Francisco CA
San Jose. CA
Stockton. CA
Ventura. CA

CONTRACT ADMINISTRATION
Victor IJonzalez. Vice President
~orporate Office
Phone (714) 991-1900
Fax (714) 958-3745
Email: vgonzalez!IDwcainc.com

FIELD MANAGEMENT
Kris Burbidge
2200 E. Via Burton St.

Anaheim. CA 92808
Phone (714) 991-1900
Email: kburbidge!IDwcainc.cDm
EMERGENCY RESPONSE 2417
888-LIMB-DDWN
11UR VISION
As a corporate citizen. WCA's responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility. communicating openly with our customers and the communities in which we work.

It is our goal and vision tD lead the industry in state-of-the-art urban tree care and management services.
11111% CUSTI1MER SATISFACTII1N ~ustomer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability. integrity. quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer's valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any 90+ ISA Certified
Arborists
Less than 2"h turnover
ratio for service staff
45+ Years Experience
(Similar Size 5 Scope)
Local Office
Anaheim
1,000+ Dualified
Employees
1,500+ Pieces of
Equipment (Owned)

CORPORATE CAPABILITIES
West Coast Arborists. Inc .. is committed to successfully completing each project in accordance with the specifications. budget. schedule and with the highest quality of service. Our customers' satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities. which not only provide a sense of comfort and confidence t11 our customers. but also assure them of our continuous ability to carry out the duties of managing their urban forest. WCA's financial ~ondition can be seen by our financial statements enclosed.
. • In business continuously and actively since 1972
• Contractor's Ucense CGI/049, C27. C31. A. B. C21
: • Over SB.5~0.00D line of credit available
• Bonded by AR~H. an A+ rated company
• Over 1.000 employees
• Over 330 contracts with public agencies
• Over SO Certified Arborists
• Over 150 Certified T reeworkers
• Drug-free workplace
• 14.000 sq. ft. company-owned Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 875.000 trees pMUied annually over past 3 years
• Avg. 48.000 trees removed annually over past 3 years
• Avg. 18.500 trees planted annually over past 3 years
• Avg. 250.000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #85-3250882. current on all taxes and
fillings with state and federal government
• Sales volume over SI2D million annually
• Fleet of 1.500+ pieces of equipment
\ S\.JI\; ol CHIIIOirH.I
"t Department of Industrial Relations
_,..11. .

Contractor Information
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WE.S!" COAST AASUR!STS. IlK
ISA
- - ·-
Active Memberships:

Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
league of California Cities (LCC)
? cpf's
fUll~~
II
California Parks H Rer:reation Society (CPRS)
Association of California Cities- Orange County (ACCOC) Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
StreetT ree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)

CONTRACTORS

STATE LICENSE BOARD

ACTIVE LICENSE
. ,.,, ~'·'· ' 366764
'""'C ""'· WEST COAST ARBORISTS INC
: .. ,. c~""'' ' C61/049 C27 A C21 8 C31
• ..... ""' ,,, 12/31/2022 www cslb.ca.gov
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Staff members have diverse educational backgrounds including accounting, business administration, engineering. and forestry.

INTRODUCTION
West Coast Arborist's (WCA) is a company comprised of a managBmBnt tBam and a safBty committBB. Staff membBrs havB divBrsB educational backgrounds including accounting. business administration. BnginBering and forBstry.

WORK FORCE
WCA actively maintains ongoing procBssBs to assure that only qualifiBd and compBtBnt staff providBs safB and quality tree maintBnance servicBs. These skilled BmployBBS can only be achieved through both training and work experience. We beliBVB that BSSBntial BxperiBncB should always bB obtainBd through qualified supBrvision; this includBs both basic and BxtBnded skills. WCA makes every attempt to ensure that this is undertaken beforB performing work. leading a crew. or career advancement. The work performed on this contract is routine. recurring and usual. ThB work includes watBring. trimming. pruning. planting. rBmoval and rBplacemBnt of tr1ms and plants. and servicing of irrigation. ThB ratBs includBd in the ~ost Proposal arB basBd on the current prBvailing wagB dBtermination for ''T rBe MaintBnance (LaborBr )."
CERTIFICA TIDN W~A Bncourages its employees to get certifiBd thmugh the International SociBty of Arboriculture. in an Bffort to raisB thB standard of professional tree care companiBs. This standard exemplifies our company's commitment to providing customers with compBtBnt. knowledgeable certified workers. W~A employs a large numbBr of ISA Certified Arborists and ISA Certified T rBe Workers.

CREW EVALUATION W~A Bmployees are evaluated through an internal mechanism supervised by our Management T earn. Each BmployeB performs their duties according to a criteria-based job description that reflects safety. quality workmanship, productivity. appropriatenBss of carEt problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to completB a competency assBssment and oriBntation upon hire and annually thBreafter in selected arBas to assure that ongoing requirements are met and opportunitiBs for improvemBnt are idBntified.

[

KRIS BURBIDGE
Area Manager
ISA Certified Arborist #WE 95SS AUM
ISA Tree Risk Assessment llualification
IW#141223B
TCIA Certified T reecare Safuty Professional #29S8
ATSSA T raffle Control Supervisor #528245
Kris has been with WCA for over 15 years. He
started working in the customer service
department and transitioned to Area
Manager 7 years. As an Area Manager he is
responsible for estimating. scheduling.
contract administration. personnel and daily
operation. He is in charge of field operations.
customer service. and management of crews
throughout Southern Orange County. Kris is
actively involved in the tree care industry and
receives a minimum of 15 hours credit
annually in arboriculture continued learning
education credits.

Organizational Structure
Area Supervisor ' )

SAMUEL JIMENEZ
Area Supervisor
ISA Certified Arborist/
Tree Worker Climber #WE lim SAT
TCIA CTSP # 3546
ISA Tree Risk Assessment llualified
Sam joined WCA in 2009 as a groundman and
worked his way to Foreman and eventually
Supervisor. As Site Supervisor. Sam is a fulltime employee who speaks fluent English. He is responsible for reviewing the day's
activities. assisting the Area Manager in
scheduling. and ensuring proper safety
procedures are being followed. As
Supervisor. he will communicate with
contract administrators and other interested
parties on a daily basis. Report and resolve
malfunctions. damage. or industrial injury. He
will also assist in employee training
programs. maintain records. and file daily
reports and receipts.
[ Regional Manager )
' [ Area Manager )
!
[ GIS Analyst )

ANDREW PINEDA
GIS Analyst
ISA ~ertified Arborist #WE-12738A
Mr. Pineda has been with WCA since 2018. As
WCA's GIS Analyst he works on a wide range
of projects including tree inventories scope
and collection. iT ree analysis. tree canopy
assessments. tree planting
prioritization. ArborAccess training. grant
funded tree planting projects. and much
more. He was worked with tree inventories of
all sizes from small campus inventories with
less than 5.000 trees to large California
cities with over 140.000 trees. He has indepth knowledge and understanding of tree inventories. urban forestry best practices.
and spatial data. He has also participated in
the conversion of tree inventories and the
newest version of ESRI ArcGIS.
l
[ Customer Service Rep )

LISA GRANILLO
Customer Service Rep. (CSR)
As the CSR (Customer Service Representative). Ms. Granillo is responsible for providing support to the Area Manager. Site Supervisor
and crew. She is to act as a liaison between
the company and it's clients as well as the
general public. Ms. Granillo is responsible for
responding to customer service inquires and
facilitating contracting functions. such as:
mapping, underground service alert. data
entry. field book preparation. list preparation. etc.

EXECUTIVE STAFF

DANE JENSEN
Safety H Training Manager
ISA Certified ftrbmist #Wf.I2DI4A
TCIA Certified T reecare Safety Professional #3303
ISA Tree Risk Asse~nt llualified
Ensures safety company-wide which includes
the development. implementation and review
of the company's in-house training programs.
crew safety audits. and the company's Injury
B Illness Prevention Program. Training topics
include a full-circle from proper pruning
techniques. arboriculture. to customer service and everything in between. Dane has over 10 years of experience working in the
arboriculture and is a veteran of the United
States Marine Corps.

TIM CROTHERS
Plant Health Care Manager
ISA Board Certified Masmr Amorist #YI-7B55BUM
CA Dept Pesticm Rll!Jllation IW #145321 B. D
ISA Tree Risk AsselmEnt llualified H TLC Wildife Aware
WCA's PHC program is managed in-house; no
subcontracting is used. Our staff is trained
and licensed by the CA Dept. of Pesticide
Regulation. Mr. Crothers has been with WCA
since 2012 and oversees our in-house llualified Applicators (IIAL) and Pest Control Advisors (PCA). Our program goes beyond standard chemical applications as Tim has helped WCA develop an efficient Integrated Pest
Management program. Inspection. diagnosis
and treatments are available as-needed.

From marketing. contract administration. field and fleet management to information technology, our Executive Staff is involved in the day-today operations supporting each Project T earn and customer to ensure the highest quality of tree care is being achieved in the industry.

Patrick Mahoney
President
.• -.. -.
' --
~1 ~~ Richard Mahoney
Secretary
Debbie DePasquale
Vice President
Michael Palat
Vice Prasident
Rose Epperson
Treasurer
..
,_,
'
Andrew Troller
V.P.-Operations
Nick Alago
Vice President
Ernesto Macias
Vice President
Chris Crippen Victor Gonzalez
V.P.-I.T V.P.-Business Development
Jason Pinegar
Vice President

Employees
In partnership with the Laborer's International Union of North America Higher Standards + Exemplary Training = Superior Employees ISA Certified
15D
WCA staff is trained to design and
implement Traffic Control Plans.

Arborists Board Certified Master Arborists Tree Workers Certified Urban WLA Certified ISA Certified
Utility
Specialists
TCIA Certified
Tree Care
Safety
Professionals
ISA
Municipal
Specialist
Forester Utility Line
Clearance
Workers
PHC

WILDLIFE

PRDTECTIDN
WCA has developed an exemplary Plant
Health Care Program that goes beyond
standard chemical applications.

WCA's VP of Field Operations is a key
contributor in identifying and
developing the first ever Best
Management Practices guidelines for
Tree Care for Birds and Other Wildlife.

ISA Board Certified Master Arborists
Michael Palat #WE-6541 BUM
Kelley Gilleran #WE-7061 8
Tim Crothers #WE-7655 BUM
Cris Falco #WE-7480 8
Eugene Bordson #WE-10777 BT
Nursery in
Placentia H
Dedicated
Manager
Information
Technology
Specialists
Fleet NCCCO
Mechanics Certified Crane
Operators

CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION
Advisors Applicators
WCA has 85 staff members
certified through the Wildlife
Aware and Wildlife Training
Institute.

Registered Consulting Arborists
Cris Falco. RCA #557
Kelley Gilleran. #688
Timothy Crothers. RCA #721
asoaiRCA
Registered Consulting Arborist®

SPECIALIZED SAFETY TRAINING
Dur ISA Certified Tree Workers go through specialized testing that proves they are competent to work in trees in a safe manner that protects themselves as well as the general public. We also qualify our employees to operate in a safe and efficient manner that meets and exceeds the industry standards. these programs are WCA llualified Levell Tree Trimmer. WCA llualified level2 Tree Trimmer. WCA llualified Level3 Tree Trimmer. WCA llualified Big Boom Operator, WCA llualified loader Operator. WCA llualified Roll-Off Driver. We also qualify all drivers that operate our vehicles by conducting 2 driving test and entering them into the California DMV pull program that monitors their driving record to ensure safe driving operators.

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

Weekly Tailgate - Meetings held for each crew.

On the Job Training -New employees are assigned a "buddy" with experience to assist them.

Injury &Illness Prevention -Integral program to WCA's
overall safety program.

Video Training - Programs included are Professional Tree Care. Electrical Hazards. Aerial Rescue. Chipper Safety. Chain Saw Safety and Pruning Technique. Video presentations in cooperation with Tree Care Industry Association (TCIA).

Leadership Training - Continued training and study utilizing the Crew Leader Home Study Program. available through the Tree Care Industry Association (TCIA).

Certification Training - Continued study sessions are held in preparation for the International Society of Arboriculture Safety Crew Lunch -This program rewards employees Certification Programs. company-wide quarterly.
~EMPLOYEE SAFiTY IMPROVEMENT ACTIO~
b.dTo, ____ _
hwed8y, --- --------
Ow\l.t401U.,.WIIII O:::.ltiJ1114Y'fOUC't ( .. /~ ....._..,.._...<vvJ, Penottel PNtfttlv• lq.~lpm•l"'ll Work r.octk•~ HardHat
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SA.FETY RULES AND SAFE WORK PRAcnCES
_.UIITYilULD lti5 d~W,ol~.....,._.'t1 obey en Q)mpin"t S.Mty R.i.lles~nd tD Lseall rwp.irtdu~ eqUpnent Listld tmow ~~the ~IRt!tt, ru*:thtJ..C.. WDficermtatfollow. • SC~oot~~~ 11:1 ITII~iund'iol ., to ~n~~!lr.l' t-... rnmr. • l.et"'lfiiiNardlor~by~'-nlndataiwUhfiU" Su~rYBIDr.
• W!tot~ofob~ ~ .OcbM'I.Mi; ~CIIdo lt.Ut.fofshoukJ IMm ID tid~~ new Mllll'lk and plan lheira..oml f'K:II . • ~I ,..,,....bd.a.,~"f'fO!o'fDtcrNttOI~er.
• Dt:t~•d.iift!Ufreoof~ tOioM";.tl.,.,~~.t•nd ~ fOt.t.n;p:~~NanS! ~ddOCII.C s. • o.i.~tdiPr..drw:rJ~t.OdctiafntdJ•nd~t,~•rd/fK~~~ ID
tfnr Ferman. • We.a r al pmt~N I prgr.di-re daYias, i e., gla.es, br:ltl, sAoes and propet"d:llfing, as nlq\Jn:d ~ rourpollllan or the jab lzlsk,
• ..t.t141'1t.~ of ~tand madlii'MII"f that•ra cW.cti'Wol!l • !!.men: flrn1at wi'lh !he p!l"fi:Jrrrumc:~ lirrialiom ofrourtDols and/orrMdlmes, • AdMnlndordarfy~daA~p&.ee. • ~ide.suggllf(lora~g51~1y brour-Sr.IPI'"'illbo-OI'~
• KBi:lp1Rflml'9ll'lc:Y~U~tRJd! M~G~~c:lit.d:M:IC'J dMrofobndeJ: . • Krow lfw: loc:ati:moffi nl! lnd wre~ 6 its.
·I·
Pictured left: Sample Safety
Improvement Action Plan Form
H Safety Rules and Safe Work
Practices review sheet.

CURRENT CONTRACT WORK EXPERIENCE
WCA.Inc. understands the challenge that many cities face to reduce the cost of tree maintenance services. while increasing the level of performance. Utilizing our services as a valuable. cost-effective resource. cities are able to provide better services to their community. These contracts cover a range of services from providing emergency response to maintaining the Agency's entire urban forest.

CITY OF LAGUNA NIGUEL
Annual Budget: $ 250.000
Contact: Jerry Sollom. Park Maint. S Contra~:t Sup.

Address: 30111 Crown Valley Pkwy., laguna
NigueL CA 82677
Phone: (848) 362-4349

CITY OF FULLERTON
Annual Budget:$ 2.500.000
Contact: Phil Kisor. landscape Maint. Supt.

Address: 116 S. Basque Ave., Fullerton. CA 82633
Phone: (714) 738-5345
Email: [email protected]

CITY OF HUNTINGTON BEACH
Annual Budget: $ I.DDD.DDD
Contact: Denny Bacon. Maint S Operations Mgr.

Address: 17371 Gothard St.. Huntington Beach. CA
82647
Phone: (714) 960-8861
Email: [email protected] ·

CITY OF ANAHEIM

CITY OF TUSTIN
Annual Budget: $1.500.000
Contact: Dan Oebassio, PW Superintendent
Address: 1426 East Vermont Anaheim. CA 82805
Phone: (714) 765-4461
Email: [email protected]
Annual Budget:$ 920.000
Contact: Jason ChurchilL Field Services Mgr.

Address: 300 Centennial Way. Tustin. CA 92780
Phone: (714) 573-3023
Email: [email protected]
SINCE 2004
WCA provides complete tree maintenance servi~:es for the City. We maintain the City's S.OUU trees by providing various services including but not limited to removals. planting and emergency urban forestry services.

SINCE 1998
As part of the tree care service. WCA updates the City's own tree inventory. As part of this program. we collect and provide to the City an automated record of the work completed and submit it to the City for updates. Together we are able to prune trees more efficiently. while the City is able to maintain accurate work records and monitor predictable tree trimming schedules and guarantee the residents and businesses top quality tree care.

SINCE 1995
We provide complete urban forestry management for more than SU.OOU trees. including tree pruning. removals. planting. and emergency services. In an effort to maintain a sustainable urban forest. we also provide inventory updates to the City's own inventory database. We have performed successfully in the City for four years.

SINCE 2007
The City of Anaheim maintains their large tree population of 102.014 by utilizing the Call Management feature on ArborAccess. our inventory and management s~stem . Since they began utilizing this feature there has been 12.329 call records were input alone.

SINCE 1993
WCA has operated in the City ofT us tin since 1893. The city and WCA has formed a successful corporate partnership. We _P.rovide complete urban forestry management for more than 15.000 City- owned trees. including tree pruning. removals. planting. and emergency services.

FIRM EXPERIENCE
listed below are current contracts (in alphabetical order) valued over $1.000.000 annually.

These contracts represent WCA corporate capabilities to provide superior and professional work to public agencies.

Since 2DID nn
Since 2007 $ 1.750 00.00
Since 2000 S 2.238.000.00
Since 2000 $ 1.038.000.00
of Corona SiAce 2010 000.00
Cit of Fontana Since 1884 $ 1.050.000.00
of Fullerton Since 1998 1.300 000.00
City of Glendale/Glendale Water H Power Since 2015 $ 2.500.000.00 Since 2008 S 1.300,000.00
Since 2018 $ 2.900.000.00
Since 2008 000.00
City of Oxnard Since 2000 $ 1.032.000.00
City of Palo Alto Since 2018 s 1.400.000.00
City of Sacramento Since 2015 1.280,000.00
City of San Diego Since 2015 2.188.000.00
City of Santa Ana Since 2015 1.400.000.00
of Santa Monica Since 2011 I 000.00
of Santa Clarita Since 2008 2.77 000.00
of Tustin Since 2008 1.122.000.00
of Ventura Since 1888 1.01 00.00
City of Whittier Sinr::e 2005 $ 1.288.000.00
Cou of LA Since 2015 $ 5.500.000.00
County of Orange Sinr::e 2013 $ 2.800.000.00
Riverside Public Utilities Since 2018 $ 2.00D.DDD.DO

EXPERIENCE (SIMILAR SIZE G SCDPE)
The references listed above are all current contracts displaying WCA's capabilities to provide the necessary manpower. experience. and equipment to manage Cities and Counties that require a heightened level of attention. expectation and need in comparison to other types of customers (i.e .. HOA's. commercial and residential).

EXPERIENCE- CURRENT CALIFORNIA CITIES/COUNTIES UNDER CONTRACT WITH WCA CITY
Cil'V OF

CITY OF

CITY OF
CITY OF " LMI\LI'J>IU

CITY OF COAC

CITY OF CONCORD

CITY OF CORONA

CITY OF CORONADO
CITY nF r.nSTA MF~A

CITY OF COVINA

CITY OF CULVER CITY

CITY OF DANA POINT

CITY OF DAVIS

CITY OF DEL MAR
CITY Dr DIAMOND OAR

CITY OF DUARTE

CITY OF EL CAJON

CITY OF EL CERRITO

CITY OF ENCINITAS

CITY OF FILLMORE

CITY OF FONTANA

CITY OF FRESNO

CITY OF FULLERTON

CITY OF GARDEN GROVE

CITY OF GARDENA

CITY OF GILROY

CITY OF GLENDALE

CITY OF GLENDORA

CITY OF HUNTINGTON BEACH

CITY OF IMPERIAL BEACH
CITY
~II Y U~ UAKL~Y
CITY~~­
CITY OF ONlfti'O

CITY OF ORANGE

CITY OF OXNARD

CITY OF PALO ALTO

CITY OF PARAMOUNT

CITY OF PERRIS

CITY OF PLACENTIA

CITY OF PLEASANTON
ClTY OF POMONA

CITY OF PORTERVILLE

CITY OF POWAY

CITY OF RANCHO PALOS VERDES

CITY OF REDLANDS

CITY OF RIALTO

CITY OF RIVERSIDE

CITY OF ROSEMEAD
CITY nF RnSEVILLE

CITY OF SACRAMENTO

CITY OF SAN BERNARDINO

CITY OF SAN DIEGO

CITY OF SAN DIMAS

CITY OF SAN FERNANDO

CITY OF SAN GABRIEL

CITY OF SAN JACINTO

CITY OF SAN JOSE

CITY OF SAN JUAN CAPISTRANO

CITY OF SAN MARCOS

CITY OF SAN RAMON

CITY OF SANTA ANA

CITY OF SANTA BARBARA

CITY OF SANTA CLARA

CITY OF SANTA FE SPRINGS

CITY OF SANTA MARIA

OF SANTA MONICA

SANTA PAULA
CITY OF TUlARE

CITY OF TUSTIN

CITY OF UNION CITY

CITY OF UPLAND

CITY OF VENTURA

CITY OF VICTORVILLE
CITY OF VISAliA

CITY OF VISTA

CITY OF WALNUT

CITY OF WEST COVINA

CITY OF WEST HOLLYWOOD
WY U~ Wt~T SACRAMENTO

CITY OF WHITTIER

CITY OF WDDOLANO

CITY OF YORBA LINDA

COUNTY OF ALAMEDA

COUNTY OF COLUSA

COUNTY OF CONTRA COSTA

COUNTY OF FRESNO

COUNTY OF LOS ANGELES

COUNTY OF MONTEREY

COUNTY OF ORANGE

COUNTY OF RIVERSIDE

COUNTY OF SAN BERNARDINO

COUNTY OF SAN DIEGO

COUNTY OF SAN JOAQUIN

COUNTY OF TULARE
COUNTY OF YOlO

TOWN OF ATHERTON

TOWN OF LOS GATOS

IMPLEMENTATIDN PLAN
T 11 ensure the quality 11f w11rk and the level of service expected.

WCA abides by a well-defined quality c11ntr11l plan that inc11rp11rates the f111i11wing:
• Certified pers11nnel
• Safety
• Pruning specifications and guidelines
• S11und equipment
• Public relati11ns
• Pmper traffic contr11l
• State-of-the-art communication systems
Special shifts including weekends and evenings can be
arranged in accordance with the Agency's specifications.

Project/ Area Manager:

Kris Burbidge
ISA Certified Arborist #WE 8566 AUM
ISA Tree Risk Assessment IJualification
IW#141223B
TCIA Certified Treecare Safety Professional #2968
ATSSA T raffle Control Supervisor #528245
The project Area Manager will bs the central point of contact and will work cooperatively with Agency staff. local residents and business owners. etc. The Area Manger will provide overall field supervision and crew management.

Daily Management
Daily management will consist of. but not be limited to:
• Email notification complete with location. crew. equipment type, and work descripti11n
• Supervise crew pers11nnel to insure proper pruning
standards are followed in a safe manner
• Traffic control setup and maintenance of work zone
• Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day
• Maintain good public relations at all times
• Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective msasures to tak8 place within 48 hours
Weekly Management
Weekly management will consist of. but is not limited to:
• Weekly inspection of work completed
• Meet with the Agency t11 review w11rk schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications
• Maintain open communication with the Agency lnspect11r and field crew
Scheduling of Work
The Area Manager is resp11nsible for scheduling w11rk which shall conf11rm to the Agency's schedule 11f performance. We recommend equal distribution of work throughout the c11urse 11f the fiscal year.

Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as t11 cause the least amount of interference or inc11nvenience.

Public Notification
Up11n AgEmcy staff approval. WCA will p11st a door hanger n11tice pri11r to commencement 11f grid pruning (within 24-48 h11urs). After tree plantings, d11or hangers will be provided to residents instructing them on the proper care for their newly planted tree.

For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents.

Communication Systems
Our use of modern and reliable communication systems affect our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories. daily work records. timesheets. photos. and billing information; eliminating the need to handwrit8 data and improving customer service by minimizing response time.

Permits and Licensing
WCA will procure a City Business license as necessary and any "nofee" permits prior to commencement of work. Permits (i.e .. encroachment. traffic control. etc.) requiring fees will be charged back to the Agem::y.

Right-of-Way
All work will be pBrformed in thB public right-of-way. EmployBes will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner.

Cooperation and Collateral Work
WCA will give right to operate within the project to the Agency workers and/ other contractors. utility companies. street sweepers. and others as needed in a cooperative effort to minimize interference in daily operations.

WORKFLOW TIMELINE
Grid Pruning Flowchart (30 day Completion)
Work request received
from Customer
L
Foreman posts
public notices 1
CSR creates a work order S
gives to Area Manager
Crew performs work
Removal Flowchart (15 day Completion)
~1; Customer marks trees for ~ USA S notifies resident
!ji Area Manager schedules ~ work. informs the Customer S gives work order to
Foreman
..
!~ Work request received -.. from Customer i;;.;
Crew performs work
Planting Flowchart (15 day Completion)
Work request received
from Customer
Crew performs work
S hangs tree care
door hanger
CSR prepares work order
!I orders tree(s) from
Nursery Manager
Foreman completes work
order S inventory:
then turns in
Service Request Flowchart (15 day Completion)
Work request received
from Customer
Foreman posts
public notices
CSR creates a work order S
gives to Area Manager
Crew performs work
Area Mana_ger schedules the
work & informs the
Customer .J
Foreman completes
work order S inventory:
then submits to office
CSR creates work order S · • contacts USA 48 hours in ~ advance of work Foreman completes work
order 6 inventory:
then submits to office
CSR gives work order to
Area Manager to schedule
work 6 inform the Customer
CSR closes work order:

Billing Dept.
prepares invoice
Area Mana_ger schedules the · work & informs the • Customer Foreman completes
work order Slnventory:
then turns In
Emergency Flowchart (2 Hour Response/ 24 Hour Completion) Emergency request
received from ~ustomer
Crew sends notification and
photos to Customer and 'Supervisorthet work
is compl ete
If ap~llcable. mw return
to site next day to
complete work
Supervisor creates work
order S sends to
Foreman
Forema11 comP.Ietes
work order 6 Inventory:
then turns in
Work order is given _1 to the Foreman
CSR closes work order:

Billing Dept. I, prepares invoice
Work order is given to the
Area Manager
CSR closes work order:

Billing Dept.
prepares invoice
Work order is given to the
Foreman
Billing Dept. processes S
prepares invoice
Work order is given
to the Foreman
CSR closes work order:

Billing Dept.
prepares invoice
Crew performs~ necessary
work to ensure safety
CSR closes work order:

Billing Dept.
prepares invoice

EMERGENCY CONTACTS
)

SAMPLE PLANTING DOOR HANGER
change or ndjust
the stakes.

X
acljust the VvoJter
biJSIIl or mulch
p lc:lCed arou11cl
. '
.
'
• '
'
, .. -.-.....
/
I
... ..... , .......
' ' ' '
' . ' I ' I
'-, _,., '' .. ... ... ... ... -· ... ~
.·.-••• I I ''
twice (2) per week
during warm
months.
'I I· II
of weeds a11d
otl1e,- pia11t s
Ser'i !Ce~ Drov:ded By
800.521.3714

TREE CARE PROFESSIONALS
SERV'NG COtv1tv1U"l1TIES WHO CARE ABOUT TREES

Project Site Maintenance
Work site will be left free of debris at the end of each workday.

We will not discharge smoke. dust. or any other air
containments in quantities that violate the regulations of any legally constituted authority.

Protection of Public and Private
Property
WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain gg~d public relations at all times. The work will be conducted in a manner which will cause the least disturbance.

Public Convenience and Safety
WCA will comply with any and all local sound control ang1n,oise IBvBI ruiBs. rBgulations. and ordinances which apply to·a'ny wor;k pBrformBd in the contracted area. All work will cease
by 5:00pm or a:; directedcb_y the Agency,
* ~xclu"di ng· e m~rg~n cy 'services,
WCA maintains a C-31 traffic control license issued by the CSLB. We also have ATSSA T raffle Control Designers. Supervisors and Technicians on staff to complete necessary traffic control plans. Traffic control prm::edures will be set-up in accordance with the Work Area Traffic: Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency T raffle and Safety Operating Rules. WCA will make adequate proV.isions to-insure the normal flow of traffic over the public streets and park roads, Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard (s) will be used when needed. Prior to use. the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible, Unless the work area is totally barricaded or otherwise kept safe. at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress.

Customer Service Department
As we work with. or near. the public. we are mindful that we will most likely be the first person the public contacts. We have a fulltime Customer Service Department with each Customer Service Representative (CSR) trained in addressing concerned residents and bystanders.

Complaints 6 Damage Resolution
Should there be any property damage. we adhere to specific procedures to resolve the problem. The Foreman on the job site will notify the resident and the Inspector immediately.

If the resident is not at home. then we will leave a WCA card with instructions to c:all our Claims Coordinator in our corporate office.

The ultimate goal at each work site is to leave the property in the same c:ondition as before we entered it. We will notify the Agency Representative immediately upon damage of personal property including plans for corrective measures to take place within 48 All WCA vehicles are equipped with an Accident Kit should anything happen during the work day. Each kit has an Incident Report. an Ac:cident Report. an Injury Report. a camera. First Aid instructions and protocol for contacting the corporate office. A computerized log of all incidents is maintained to include the date, time of occurrence, location, problem and action to be taken pursuant thereto or reasoning for non-action.

Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system. we have the ability to dispatch either of these teams and have them respond immediately to the site for proper rBpair. WB pride ourselves on professional workmanship to avoid these types of incidBnts, however. should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner.

WC..4 is committed to working with the City offaguna Hills staff to develop and maintain a work schedule that will provide the citizens with the most effective and efficient meims to perform tree care services. We w11/adhere to the schedule established by the City and ensure staff and resitlents of our dedication to completing work in a timely manner. We understand that there may be Ructuations in the City's budget and that the City may ask us to reduce service levels in an effort to meet the current economic demands. By being Rexible. we can help to ease any financial strain. promote contractor stability and guarantee residents with quality tree care G customer service.

This is our oath of commitment to uphold the prestigious namesake of the City offaguna JIJ11s by providing gold standard tree care services.

B/2312021

EllUIPMENT
Modern Fleet consisting of
15DD+
pieces of equipment.

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

CHP Biennial Inspection of Terminal Certification
We have successfully been awarded the CHP Biennial Inspection Award of Recognition. This inspection has assisted our company in instituting several safety programs. as well as our Preventative Maintenance Program utilized by our in-house fleet department. The inspection reviews our vehicle maintenance and repair records. our procedural methods and policies for vehicle maintenance and operations. This certification ensures that our vehicles operate safely.

T elematics Fleet Solutions
WCA has partnered with T elematics to provide GPS units on all vehicles and equipment. This investment has given us and our customers the following benefits:
• Provide faster response times and more efficient
routing allowing us to service more customers
• lower operational costs by optimizing 'our fleet size. reducing labor. overtime. and insurance. and
minimizing costly vehicle repairs
• Decrease fuel use by monitoring fleet fuel economy
and saving on unnecessary fuel expenditures
• Reduce emissions by helping drivers improve their
habits such as speed and idle time. and reducing total
miles driven which will significantly reduce harmful
greenhouse gas emissions
• Improve dispatching with landmarks and driving
directions. GPS units helps us to better dispatch so
that we can service more customers. faster
• Recover stolen vehicles reducing liability
costs which can be passed on to customers
GIS MAP • CITY OF FULLERTON
¢
<>
H l2l•lOSE AGUSTIN CARRILLO
PMI!! lfl4/2017 ·0:12 AM
Status: Onvlng
5pe<d: 0
Nearest Address:
1701-1743 Fullerton Creek Or
Fullerton
II
EllUIPMENT LIST SUMMARY:

Pick Up Trucks 318
Aerial lift Devices 321
95' Aerial Devices 15
Dump Trucks 181
Flat Beds 39
Forklifts B
Arrowboards 73
ATVs 4
Stump Grinders 59
Loaders 70
Rubber Track Loader 1
Root Pruners 2
Rolloff Trucks 50
Saw Mill 2
Log Skidder I
Back Hoes I
Brush Chippers 170
Cranes 5
Toyota Prius 11
Toyota Yaris 8
Ford CMAX 4

IN-HOUSE FLEET MAINTENANCE
We currently have more than 1.500 pieces of fairly new equipment that snablss us to rsplace equipmsnt immediately should thsre be any unforeseen mechanical problems. We employ over 50 full-time mechanics that psrform an in-house flest maintsnancB program. This allows our equipment to be in good operating condition necessary for accomplishing the City's needs. Our mechanics generally work on one particular line of equipment and by keeping our equipment as uniform as possibls our mechanics rsally gst to know the equipment inside and out minimizing down time. Equipment is assigned to differsnt crews and if the crew is shared with another contract the squipment will be as wsll.

PREVENTATIVE MAINTENANCE PROGRAM
All WCA equipment goes through our Preventative Maintenance program. From our solar powered arrow boards. to our Freightliner Roll Off trucks. Our mechanics generally work on one particular line of equipmsnt. and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time.

SUSTAINABILITY
Over the last few years. we have invested heavily in new equipment in an effort to keep our fleet modern. comply with state requirsments. meet dsmand and reduce our effects on the environment. We understand with a fleet as large as ours that we are responsible for the amount of emissions our vshiclss produce and actively make an sffort to monitor and rsdUI~e our carbon footprint.

PRUNE CLASSIFICATIDNS
Grid Prune- Grid tree pruning is based on pruning in pre-designed distril:::ts. or grids on a set cycle and includes all trees (small. medium and large-sized.) Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standard~ set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 25% of the live foliage removed at a given time.

Full Prune/Crown Reduction- Crown reduction is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be reduced. A full prune is recommended when the primary objective is to maintain or improve tree health and structure. and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a full prune shall have more than 25% of the live foliage removed at a given time.

Service Requests
A Service Request Prune includes tree maintenance services on designated tree(s) as ordered by the Agency Arborist or designee. Pruning may include structural pruning. crown raising, crown cleaning or pruning to reduce/restore the crown. Whichever work type is ordered by the Agency, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice. Tree Pruning Guidelines. Work assignments from the Agency may require mobilization from one tree site to another within the Agency.

Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines.

Small Tree Care
Proper pruning and care during the early stages of the tree's life will save money in the future. and create a safer. more beautiful. healthy. easy-to-maintain tree. We believe that tree care that is performed early will affect its shape. strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following:
• Selective structural pruning
• Removal of dead. interfering. split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement
Palm Trunk Skinning
Palm tree skinning consists of the removal of dead frond bases (only). at the point they make contact with the trunk without damage to the live trunk tissue.

Root Pruning
We strongly recommend against any root pruning. however. should the Agency elect to proceed. we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots. so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away.

Tree Removal Operations
With a minimum of 48 hours advanced notice. WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage. Immediately following the removal. the stump will be ground down. if ordered to do so and with proper USA notification.

Tree Planting
We can replace trees that have been removed and plant new trees in accordance with specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree.

Tree Watering
Tree watering will be performed by a full-time. WCA team member on various routes. when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds. soil that has settled. and/or staking and tying needs.

Emergency Response
We are prepared for emergency calls 24 hours a day. 7 days a week. including holidays. The toll free number is 866-UMB-DDWN (866- 546-2389). This number will be provided to the Agency, Police Department and/or Fire Departmsnt. Our emergency response team will do what is necessary to render the hazardous tree or treerelated condition safe until the following workday.

Crew Rental
Due to our vast amount of resourcss. including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance servicss:
• Flag hanging
• Holiday light installation
• Changing ball park lights
• Misc. uss of asrial towers and cranes (including equipment rental)
• Crown rsduction
• Crown restoration
Arborist Reports
We have full-tims Certifisd Arborists on staff that can prepare dstailed arborist reports. tres evaluations and sits inspections based on your specific nseds. Rsporting c:an bs generated for ons trss or an entirs sslsc:tion and is handled on a c:ass-by-case basis.

Plant Health Care
Tim Crothers, Plant Health Care Manager
• ISA Board Certified Master Arborist WE-7655 BUM
• DPR llualified Pest Control Applic:ator #145321
• llAL Category 8 H 0
Our PHC program managed by Tim Crothers goes beyond standard chemical applications. We have developed an efficient Integrated Pest Managsment Program (I PM) that requires diagnosis bsfore treatment. WCA is staffed with licsnsed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with:
• Proper diagnosis based on on-site inspsction with laboratory testing when necessary
• Proactive and preventative recommendations that reduce the amount of potential pest and disease issues
• Follow-up evaluations to ensurs that ths recommended
treatments result in a healthy and balanced urban forest Wildlife Protection
Part of our training program includes training crews on current bird nesting laws as well as BMPs for tree maintenance and nesting birds. The protection of birds. especially during nestihg ssason. is critical to providing responsible tree maintenance.

ABiliTY TO ACDUIRE. PURCHASE G STAGE TREES
Cities expect the highest quality of new trees. proven varieties and an organization with the knowledge and skills to provide them with ths latest and most reliable information available related to tree planting. By meeting these expectations. we're able to contribute to ths success of reforestation projects within communities. In order to complete succsssful tree planting programs. cities can rely on us to locate. acquire and purchase different tree species.

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

Upon locating ths availability of trees. ws then perform a trss pre-inspection at the nursery. When time is of the essence. nurseries will provide us with photos either by mail or by e-mail for our review. Once the trees are
purchased. and depending on ths size of the project. we have them delivered to our facility in Placentia. Brea. or if possible. at a staging area within the Agency.lt is
through this process that we have planted an averags of

14.000 tress for all of our customers each year during
the past three ysars.

WEST COAST" 1\ROORISTS, INC
STATE OF CALIFORt\U.

AA ~NT OF FOOO M'D AGRICUI. TU"" 1220 N STREET SACRAMENTO. CALIFQFINIA ... ,. 918 854041,
LICENSE TO SEI..l NURSERY STOCK
-~1'\ACl:•(IV. \~
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== POSTTHISUCENBEPROMINENnYINPUBUCVI!W ==

LICENSE NUMBER
80680.001

ORANGE COUKTY

GREEN WASTE
WCA's l:llllllnltrrent lu 01~ a so:ia ll y oeo:ponsde corpc rate pJr:n8r tn o~r customers anJ ~CIIllU~ itie s ~ 8Zempllr·e= i" Gur Recyclrn~ Progra,11 Wrt h :he ste:dily-1ncreasing cJncern fur thE ecologi:al healt h of our communities. WCA has embarked on a l2n:i'i. drve rsion process w~ere all mBteriBI is taken to rr~1:yclrng facilrties where it is used in the product1m1 of soil amendmr~."ts. We are commt:ed to taking all recyclable materials remov~d from thf] trP.es trimmed for the duration of th1s project to i:l rr.r.ycling cenll~r for processing . Verification of amounts re cy cled will be obtained and reportr.d by WCA via ArborAccess fur the purpose of mr~eting the goals of the State illr reducing lc ndfdl us!l ge .

SAMPLE GREEN WASTE REPDRT: CITY OF LAGUNA NIGUEL CrunWo.c~- From 7/1/2020 to 3/5/2021 Job • : All
Date Job# Tn~dt • R•cydlno Site Hatert•l Weight In Tons Amount B/~6/~o::o 56368 0149 CITY Of DANA POINT CHIP s.oo 0.00 9/14/10::0 56368 0149 nERRA VER.OE lNOUSTRlES JR.VlNE CHIP 3.90 ss.sa 9/Js/.:o:.o 49476 R78 TIERAA VERDE 1Ni:>U5TRIES IRVINE BRUSH ..... 1o40,10 9/15/:o:o 56368 5l9 ClTY OF LAGUNA NlGUEL CHIP 0.00 o.ao 9/19/:o::.o 56365 R35 TIERRA VERDE lNCUSTRJES IRVlNE BRUSH 4.33 64.95 9/19/::a::o 56365 R35 TIERRA VERDE lNOU~ES IAVJNE BRUSH 0.00 o.oo MULCH is made from coarse ground branches and leaves. It should be spread on the ground at a rate of six to twelve inches for best effect. Fresh mulch will deplete nitrogen from the surface of the soil which will reduce unwanted weeds.

Once the mulch has decayed. it returns nitrogen which helps build the quality of soil for plants. A large amount of tree debris is processed by WCA and used in large scale mulching projects for establishing native plants in open space areas.

CDMPDST is made from fine ground branches. leaves or
other organic material. When mixed with oxygen and water. the organic material will decay or "compost." A finished compost is excellent for turning into the top layer of soil and will add nitrogen and increase the water holding capacity of soil. You can make compost at home in a pile in your yard or in a bin that you make or purchase. large scale composting is done at regional recycling facilities.

FIREWDDD is traditionally the most common use of large
branches and logs. Firewood is used to heat homes during winter months. WCA takes logs to our yard and these are then chopped into usable firewood.

STREET TREE REVIVAL, our wood recycling program has
become an important component of our approach to urban
forest management. 25 years ago. we started our urban wood recycling program in collaboration with the California
Department of Forestry and Fire Protection (CDF). Since a number of trees require removal. it was important to create an environmentally sound and socially responsible alternative to importing lumber from other areas and to reduce the demand of trees from natural forests.

GSO<i

REMOVE REPLANT REPURPOSE TRACK
08 MILL ORY
~ ... .,
/

GREEN WASTE SAMPLE REPORT
An important element of our firm's operation is re~:y~:ling the debris generated through our pruning and removal servi~:es. The trBB debris is typi~:ally ~:onverted into wood ~:hips on site and then unloaded at an alternative site.ln an effort to be effi~:ient to our ~:ustomers. we have ~:ombined everything into one simple report to indude thB tonnagB. ~:omposition of debris disposed of (ex: ~:hip. brush. logs. palm. stump grind debris or mixed). and thB manner and lo~:ation of disposition. ThB information is Bntered into our systBm daily and updatBs appear automati~:ally in ArborA~:~:ess. We will then providB do~:umentation to thB City as requBsted.

CITY OF ORANGE
From 7/1/2020 to 3/11/2021
Date Job# Truck Recycling Site
#
7/1/2020 49482 R78 TIERRA VERDE INDUSTRIES
IRVINE
7/6/2020 49482 R78 TIERRA VERDE INDUSTRIES
IRVINE
7/6/2020 56374 R78 TIERRA VERDE INDUSTRIES
IRVINE
7/7/2020 56374 D62 TIERRA VERDE INDUSTRIES
IRVINE
7/8/2020 49482 R78 TIERRA VERDE INDUSTRIES
IRVINE
7/8/2020 56374 062 CITY OF ORANGE
7/9/2020 49482 R78 TIERRA VERDE INDUSTRIES
IRVINE
7/9/2020 49482 R78 TIERRA VERDE INDUSTRIES
IRVINE
7/9/2020 56374 062 CITY OF ORANGE
7/10/2020 56374 D62 TIERRA VERDE INDUSTRIES
IRVINE
7/13/2020 49482 R78 TIERRA VERDE INDUSTRIES
IRVINE
7/14/2020 49482 R7B GREEN ARHY
7/14/2020 56374 062 CITY OF ORANGE
7/15/2020 49462 R78 GREEN AR~IY
7/16/2020 56374 062 CITY OF ORANGE
7/21/2020 56374 062 TIERRA VERDE INDUSTRIES
IRVINE
7/ 21/ 2020 56374 RSS TIERRA VERDE INDUSTRIES
IRVINE
7/22!2020 56374 D62 TIERRA VERDE INDUSTRIES
IRVINE
7/22/2020 56374 RSS TIERRA VERDE INDUSTRIES
IRVINE
7/23/2020 56374 RSS TIERRA VERDE INDUSTRIES
IRVmE
7/23/2020 56374 D62 TIERRA VERDE INDUSTRIES
IRVINE
Green Waste Report
Job•: All
Material Weight in
Tons
Amount
BRUSH 9.73 145.95
STU~IP GRIND 8.61 129.15
DEBRIS
BRUSH 15.66 234.90
CHIP 4.23 63.45
ST P GRIND 10.88 163.20
DEBRJS
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c
m

INDUSTRIES
M arch 8. 2021
Wu\ Coos\ Arboris1s
2200 E. Vi• Bunon S\,
Anuhcim. CA 92806
Rf: r~~ Trimmings I Greenwost~ Di\'cn.ionat Ti~ni:l V~nJc Industries (TVIJ l'o whom il mo~· concern:

Plca."ic accept lhis lcucr as uur cC~nfim,u1ion of tn:e trimmings :aclivilies for your rirm on B11 u.s-needed bai~iis. I'VI ha<ri been r ~:;.n:cnwo~~1l t' tlin.:rsion
tO\'l din~ f'C'C)'C'Iing seT"\ iL'~s
since 1997 •nd spcoilicGII)' lo your linn For almost fifteen ( 15) years.

The TVI EeoC entre ol \he Orcnt Park is a fully penuiu<d ~h·e n;iun facili\y and is located olid Wnslc Facility Pt:nnil
al\!ri:ds di\·crsiml is unc or
o\8065 Morino Way in Irvine. CA: TVI opcrntes under Slale S j1J0-AB-O.:J03. Und..:r our pcrmil, gr.:enw:1stc I composLDbl~ m the many authorized activities , .... C' urc ullo\\'Cd
fl~ l VI &o-Ccnlr<' r\!c.:~h <:-s ..:hippc:r trucJ,.;s ami mU-on-kunl" 1rim111in~s I grecnwosle rram your finn. ror diversion from hm of ~~:regatc:d trc-c
dfill dis(l<l,ul und
pnll.:~!i~in~ inlo lllill ketublc soil products. /\s il result or we,, and . I VI ~non~ wl' ttrc ohll! to diver1 100% oflh~ sr:g_resoh!d grtenwastc dclircrcd rot "From lnnJfill dispo>ol ~< li r. I(HU~ lhUI the~ mmcrials un~<l~ll i>On luiiJ:d grind Inc lo • sp<<ific si:tc Dcrcnding UfiOIIIt.: cud pmdu<l bcirlj,' mode, an udtlhional s · occur. Pin;dl) ~ 1he"' mat.:ri::.l.s ore US~:d {O mn.k~ o \'ariel)' ors.o muh:hd.. orc\'C'n biol'uel IU scrwrut\: ~lcc:U i:h \ I TVIIu,s ~en rindin¥ and 5-t:rttni.nl!- ma)
il omr-ndm ... '1\IS. hmUKap~.·
in busineS'S mort tlmn
l\llt:nly (20) year~ mrmufncturing lh~st products 111 i1" focilily i n [rvine.

If )'tiU ha\'e any QUC.Siions or l'OJUnl~I11S. pll'DSC reel fret to crtll me ol (~49) 55 I -03!•3 Sinccrel ·.
--· ....... __ -· _ TIERRA VERDE INDUSTRIES _ ... .,... J.C6ua: u .... Z1l • lrft•t, ~ SU$0·1211 ,_, ~U)j.l • !!!4;jSSI .. SlHoo:

ARBDR DAY ADVDCATES
WCA participates in over 100 Arbor Day and other community events annually by providing educational presentations. tree plantings and sponsorships. As a community partner. we understand the importance of teaching youth about the benefits of trees not only to better our environment but to ensure our urban forests are maintained for years to come.

GRANT SERVICES
Cities can improve the management of their urban forest through a grant project. Our grant team is experienced in partnering with various agencies to obtain funding for activities that help their urban forest thrive. We've managed over $8.000.000 in grants to date. These grants. ~:ompleted and new. will result in 14.100 more trees planted.

Services include: •Partnership development
• Grant writing •Volunteer training
• Application review •Community events
• Greenhouse gas calculations

CDMMUNITV CAMPAIGNS
WCA has partnered with Invest from the Ground Up and the Western Chapter International Society of Arboriculture to plant trees across California under their newest initiative - Cool Parks. With a generous grant from CAL FIRE. the Cool Parks team is working alongside partner cities and nonprofits to bring 2500 trees to California's disadvantaged and low-income communities. organize a CA Tree T earn workshop. and engage residents to learn and care about the trees in their city.

Prior to the "Cool Parks" campaign. WCA parti~:ipated in the CIRCLE (California Initiative to Reduce Carbon and Limit Emissions) campaign sin~:e it's launch in October of 2016. Ea~:h round of tree planting events has provided thousands of trees to ~:ommunities a~:ross California. The trees planted have the potential to sequester millions of pounds of CDz.

These events are valuable to California ~:ommunities by generating thousands of volunteers. improving air quality and educating the local community about proper tree planting techniques. Together. we can grow the urban forest for a more sustainable future.

C.):l! l:ll' 1:t~n.
rrrf on( ... , .....
cax
PARKS

..• -··
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ARBOR™
CESS

ARBORACCESSFEATURES
• Ease of use • View invoices
• CrP.ate work orders • Mobile app
• View tree site detoils • Live UCJlCJ
• View work history • GIS/GPS mappinq

LIST TRACKING SYSTEM
The List Tracking Report in Arbor Access is a useful tool in the management of incoming work. This report allows both parties to track specific jobs as they are ordered by the Agency.

Proper use of this system enables the Agency and WCA to track the completion of work that is ordered.

INVENTORY SOFTWARE- ARBORACCESS
Our tree management program sets us apart from other companies.

With nearly 2.000 active users. ArborAccess and our mobile app will help you easily manage your urban forest with ease and convenience.

Tree site attributes include location (utilizing GPS coordinates). species type. and parkway size. Features allow you to view and edit work history records and create work orders directly from the field. all from our secure cloud.

The information contained in ArborAccess is live data that can also be linked directly to a GIS program. such as ArcView. for geo-coding purposes and can assist your Agency in meeting GAS834
requirements. ArborAccess provides an unlimited resource of information regarding your urban forest.

SOFTWARE TRAINING
Our IT Department is based out of our corporate office in Anaheim .

CA with regional offices located throughout California and Arizona.

Each office has the ability to provide software training to our customers. We are also available to provide training sessions onsite at the customer's discretion. On-site training is proven to be effective as it provides a guided hands-on experience.

We offer periodic tree maintenance and management workshops each year. These free workshops are provided to our customers regionally and educate over 250 people annually. They have proven to be a great round-table and networking opportunity for the different agencies in attendance. Presentations are provided by WCA management staff and complimented with guest speakers in the industry. Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits {CEU's) from the International Society of Arboriculture.

The success of any urban forest program depsnds on the proper management of information. Unlimited telephone and/or email support is available to answer technical questions and aid staff in the use of ths software system. Software training and support is included in the cost associated with the invsntory data collection.

WCA has completed 300+ GPS tree inventories .

BILLING
WCA. Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job. Each billing will include a listing of completed work by address. tree species. work performed and appropriate data acceptable to the customer. This information will be supplied in hardcopy and immediately accessible on Arbor Access. Job balances reflecting the percent of completion for each job can be viewed on Arbor Access.

SAMPLE MANAGEMENT TOOLS

DETAILED TREE SITE CHARACHTERISTICS
The advanced technology provides a valuable tool to urban forestry professionals by displaying specific tree site information along with a representative photograph of the species type and a
recommended maintenance field. Arbor Access' built-in quality control features assist in data accuracy. As maintenance is performed. the work history is updated and accompanied with biweekly invoices. This process eliminates the need for dual-inputting and helps keep the tree inventory current and accurate.

MAINTENANCE RECORDS
Accurate maintenance records for each location oftentimes can assist the Agency with liability claims. Maintaining a detailed history of the work performed at each location demonstrates good faith in preserving its urban forest. It is imperative that work requests are pulled from the system prior to the work being performed. otherwise inventory accuracy is not guaranteed.

INVENTURV CUNVERSI[]NS

SAMPLE AGENCY
·SPECIES FREQUENCY REPORT
The Species Frequency report can assist your Agency in
identifying the tree population within the urban forest. This type of information is valuable in the event of an insect infestation. deadly disease. or even estimating future
maintenance costs. In addition. an analysis can be
performed to evaluate the history of the performance of a particular species within your Agency.

DETAILED REPDRTING DPTIDNS
•Inventory • OBH Frequency
• View Invoices • Height Frequency
• Job Balances • Oistrict Frequency
• Green Waste • Species Frequency (sample above)
• Work History • All Tees at an Address
• Work Type by Oistrict • Estimated Tree Value
WCA. Inc. understands that data collection associated with tree inventories can be time consuming and costly. On occasion. new customers of ours have existing inventories previously collected by other companies. In an effort to help our new customer preserve their tree inventory and conserve their budget. we provide our diligence in converting the available data into our software and management program.

ArborAccess. Below are references of some recent data conversions from programs like ArborPro and Tree Keeper. parks
County of Orange Parks
Inventory Converted: 2014
Tree Sites: 45.784
Est. Tree Value: $178.585.450
City of Palm Springs
Inventory Converted: 2018
Tree Sites: 15.537
Est. Tree Value: $53.877.140
City of Riverside
Inventory Converted: 2018
Tree Sites: 123,150
Est. Tree Value: $384.686.730
City of Santa Clarita
Inventory Converted: 2018
Tree Sites: 15.356
Est. Tree Value: $34.481.480
UC Irvine
Inventory Converted: 2017
Tree Sites: 18.711
Est. Tree Value: $41.167.140

1594035.1
EXIDBIT "B"

CITY OF LAGUNA HILLS

NOTICE INVITING BIDS AND SPECIFICATIONS
FOR

CITYWIDE TREE MAINTENANCE SERVICES
DATED: MAY 24,2021
23

1404157.1

CITY OF LAGUNA HILLS

CALIFORNIA

NOTICE INVITING BIDS AND SPECIFICATIONS
.FOR

CITYWIDE TREE MAINTENANCE SERVICES
Issued:

Bid Opening:

May 24, 2021
June 24, 2021 at 11:00 am

CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
(949) 707-2651

CITY OF LAGUNA HILLS

CALIFORNIA

NOTICE INVITING BIDS AND SPECIFICATIONS
FOR

CITYWIDE TREE MAINTENANCE SERVICES
Prepared under the Supervision of and Approved by:

Kenneth H. Rosenfield, P.E.

Interim City Manager/Public Services Director
R.C.E. No. 33496
Expires 6/30/22
1404157.1
May 24,2021
Date

CITY OF LAGUNA HILLS

TABLE OF CONTENTS
FOR

CITYWIDE TREE MAINTENANCE SERVICES
NOTICE INVITING SEALED BIDS ......................................................... ...... ..... ...... .............. NB-1 INSTRUCTIONS TO BIDDERS .. ................................................................. ..... ..................... IB-1

PROPOSAL DOCUMENTS
Proposal ....... ... ............ .. ...................................... ............................ ................................. ...... P-1 Contractor's Licensing Statement ............................ ........... .................................................... P-4 References ............. ................................................................................................................ P-5 Non-Collusion Affidavit. ................................................................................ ........................... P-6 Proposal Bid Sheets .......................................................... .................................................... P-7

GENERAL PROVISIONS
Agreement .............. ... ................................................................. ................................. ......... GP-1 Conflicts ................. .................... ............................................................. .... .... ...................... GP-1 Bid Proposai ......... ..................................................................................................... ..... ...... GP-1 Award of Citywide Tree Maintenance Services Agreement/
Best Qualified Vendor Selection Criteria ............................. .. ................................................ GP-2 Term/Extension .... .......................................... ....................................................................... GP-4 Method of Payment. .. ....................................... ............................... ...................................... GP-5 Routine Tree Maintenance Services ...... ............. .................................................................. GP-5 Extraordinary Work ................... .. ............... .... ...................................................................... GP-5 Emergency Work ...... ...................................... .................................................................. .... GP-6 Prevailing Wages .. ....................... ..................................................... ........................... ......... GP-6 Anti-Kickback and Work Standards ....................................................................................... GP-7

SPECIAL PROVISIONS
Scope of Work .................................................. ........ ................ .................... .... .................... SP-1 Routine Maintenance .......................................................................................................... .. SP-3 Emergency Service ...................... ......................... .. ...... ............................... ...... ................... SP-4 Permits and Licenses ............. ....................... .. ............... ... ..... ............................................... SP-5 Emergency Contact Numbers ................. .............................................................................. SP-6 Dress Code and Appearance of Personnel .................. ..... .................................................... SP-6 Interaction with Public ....................................... : ................................................................... SP-6 City's Right to do Work ......................................................................................................... SP-7 City Liaison .......... ...................... .......... .. .. ..................................................................... .. .. .... SP-7 Communications .............................................. ................................................... .................. SP-7 Scheduling ................. .......................................... ................................................................. SP-7 Reports .................... .. ........................................................................... .... ... ......................... SP-7 Supervision, Special Skills and Certifications .............................................. .......................... SP-8 Protection of Facilities/Utilities .............................................. ............................ .................... SP-8 Utility Requirements ............................................ .................................................................. SP-9 Underground Service Alert ....... ... ....................... ........................ .......................................... SP-9 DRAFT CITYWIDE TREE MAINTENANCE SERVICES AGREEMENT ...... ................. Appendix I 1404157.1

CITY OF LAGUNA HILLS

NOTICE INVITING SEALED BIDS FOR

CITYWIDE TREE MAINTENANCE SERVICES
NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Laguna Hills, as AGENCY, for furnishing all materials, equipment, tools, labor, and incidentals as required for the above stated Project in strict accordance with this Notice Inviting Bids, Specifications and Citywide Tree Maintenance Services Agreement on file in the City Clerk's Department of the City of Laguna Hills.

Bids will be received by the City Clerk at the City of Laguna Hills until 11 :00 am on the 24th day of June 2021, at which time and place the bids will be publicly opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside, "SEALED BID FOR CITYWIDE TREE MAINTENANCE SERVICES- DO NOT OPEN WlTH REGULAR MAIL."
The City seeks to retain the services of a qualified and experienced company/Contractor capable of performing the work of citywide tree maintenance services, including, but not limited to, routine tree trimming, tree removal, and tree stump removal of the existing city urban forest and tree planting including all related equipment, extraordinary tree maintenance, and emergency tree removal/trimming maintenance on a 24-hour per day basis (the "Project"), all in accordance with the Bid Proposal.

The Agency reserves the right, after opening bids, to reject any or all bids and will procure the services for Project consistent with the City's procurement regulations, procedures, and best qualified vendor selection criteria set forth in Sections 3-08.090 and 3-08.100 of the Laguna Hills Municipal Code (LHMC), respectively, as determined solely by the City; to waive any informality in the bidding; to accept any bid or portion thereof; and to take all bids under advisement for a period of ninety (90) days. Bids will be compared on the basis of the Engineer's estimate of the quantities of the several items of work as shown on the bid sheets. A full and complete copy of Sections 3-08.090 and 3-08.100 of the LHMC is provided within the Instructions for Bidders section of this document. To facilitate the City's determination of the Best Qualified Vendor, Bidder shall provide up to ten pages of additional information about their unique qualifications meeting the City's needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.

At the time of award of the proposed Citywide Tree Maintenance Services Agreement, the Contractor shall possess a State of California Contractor's License as appropriate for the NB-1
1404157.1

performance of the work herein described. The City requires either the State Compensation Insurance Fund or a carrier rated B+ or above for Workers' Compensation Insurance.

The selected company/Contractor shall enter into the City's Citywide Tree Maintenance Services Agreement, which includes the following provision regarding Prevailing Wages: "Contractor is required to know and comply with the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"}, which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor Jaws (including, without limitation, if applicable, the Prevailing Wage Laws}. It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement."
Except for any work or services that are considered to be cleaning, custodial, and janitorial in nature, the City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code, therefore such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR}. The prevailing wages applicable to this procurement are available on the DIR web page at www.dir.ca.gov. It is the Bidders' sole responsibility to incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project. The successful Bidder and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project. Additional Prevailing Wage requirements are set forth in more detail as terms and conditions in the attached (see Appendix I) Sample Draft Citywide Tree Maintenance Services Agreement, which is subject to change upon final.

Contract Documents may be inspected without charge by appointment at the Public Services Department, City Hall, 24, 24035 El Toro Road, Laguna Hills, California, 92653. Contract Documents are available in portable document form (PDF) on the City's website:
www.lagunahillsca.gov. It is the contractor's responsibility to ensure they are on the City's Plan Holder's List and they obtain any addendums or clarifications that are issued by the City on the City's website prior to submitting a bid. For any questions regarding acquisition of Contract Documents, contact Julie Comella at [email protected].

Dated this 24th day of May 2021.

Published
1404157.1

CITY OF LAGUNA HILLS, CALIFORNIA

ER LEE, ASSISTANT CITY CLERK
5 El Toro Road, Laguna Hills, CA 92653
NB-2

CITY OF LAGUNA HILLS

INSTRUCTIONS TO BIDDERS
FOR

CITYWIDE TREE MAINTENANCE SERVICES

1. BID PROPOSAL FORMS
Bid Proposal(s) shall be submitted in writing on the Bid Proposal forms provided by the City. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The City will not consider any submission not meeting these requirements.

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

3. PROPOSAL BID SHEET
Contractors shall give unit prices for each and all of the items set forth. No aggregate proposal(s) will be considered. The Contractor shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and may change over the duration of the Project. Contractor shall make its own estimates as to the extent of the work. In case of a variation between the unit price and the totals shown by the Contractor, the unit price will be considered to be the bid.

4. DELIVERY OF BID PROPOSAL
1404157.1
Bid Proposals may be mailed or delivered in person. Note that during the Covid-19 Pandemic, City Hall offices may be closed and unable to accept express or messenger services deliveries on a timely basis. However, it is the Contractor's sole responsibility to ensure delivery of the proposal to the hands of the City Clerk by the date and time required in the Notice Inviting Sealed Bids. In person drop off of Bids will be accepted beginning one hour prior to the Bid Opening date and time set forth in the Notice Inviting Bids. Call to arrange acceptance of Bids at other times at (949) 707-2651.

Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall 18-1

store all sealed bids in a secure location until opening. The City Clerk or requesting City department head shall open all bids or proposals in public at the time and place stated in the Notice Inviting Bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

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

6. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

7. DISQUALIFICATION OF CONTRACTORS
In the event that any Contractor acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the Contractor will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one. No Agreement will be executed unless the Contractor is licensed in accordance with the provisions of the State Business and Professions Code.

8. INTERPRETATION OF DOCUMENTS
If any person/company/corporation contemplates submission of a Bid Proposal for the proposed Project and is in doubt as to the true meaning of any part of the specifications or other proposed documents, or finds discrepancies in, or omissions from the specifications, they may submit to the City a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City will not be responsible for any other explanation or interpretations of the proposed documents. Contractor shall field review the site of the Project and completely familiarize themselves with all of the work necessary to complete the Project as described in the Specifications.

9. ADDENDA OR BULLETINS
1404157.1
The effect of all addenda to the Documents shall be considered in the Bid Proposal, and said addenda shall be made a part of these documents and shall be returned with them. 18-2

Before submitting its Bid Proposal, each Contractor shall inform themselves as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render its bid irregular and may result in its rejection by the City.

10. LEGAL RESPONSIBILITIES
All Bid Proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to Bid Proposal(s) for contracts of this nature whether the same are expressly referred to herein or not.

Any Contractor submitting a Bid Proposal shall by such action thereby acknowledge they have visited the full limits and extent of the work site and agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Notice Inviting Bids, Specifications and Sample Draft Citywide Tree Maintenance Services Agreement, which is subject to change upon final, and to full compliance therewith.

11. AWARD OF TREE MAINTENANCE SERVICES AGREEMENT
1404157.1
Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Bid Proposals only. However, the City shall determine whether to award the proposed Sample Draft Citywide Tree Maintenance Services Agreement, which is subject to change upon final, to the Best Qualified Vendor in accordance with all of the following provisions of the LHMC.
"3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services - Greater than fifty thousand dollars ($50,000.00) - Formal
The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.

A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.

B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city's official 18-3

1404157.1
website. In addition, such notice may also include trade publications when practicable.

C. Bid Opening Procedure. Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting city department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting city department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or otherwise cancel the procurement, or may order the re-advertisement of the request for bids. If all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.

E. Tie Bids. If two or more formal bids or proposals received are the same and are the lowest, the City Council may accept the one it chooses.

F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest Bidder or proposer consistent with the best qualified vendor selection criteria set forth in Se.ction 3-08.100, except as otherwise provided herein. The decision of the City Council shall be final. The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may otherwise delegate such signature authority.

G. No Bids Received. If no bids or proposals are received, the purchase may be let in the open market or by the informal procedures set forth in Section 3-08.080, subject to City Council approval.

H. Performance Bonds. The Purchasing Officer shall have authority to recommend that a performance bond or other form of security or guarantee be required before entering into a contract in such amount as may be reasonably necessary to protect the best interests of the city. If a performance bond or other form of security or guarantee is required, the form and amount of the bond, security or guarantee shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a form approved by the City Attorney. 18-4

1404157.1
I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city. 3-08.100 Best qualified vendor.

In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption; D. The ability of the vendor to qemonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor's performc.mce history and record on previous purchases or contracts with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and
H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder."
To facilitate the City's determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City's needs for this Project as a part of the submission of their Bid Proposal. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its 18-5

determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.

At the time of award of the proposed Sample Draft Citywide Tree Maintenance Services Agreement, which is subject to change upon final, the selected Bidder shall hold a Contractor's License or a combination of licenses, as appropriate to perform the work, issued by the State of California. Additionally, the City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Contractor to whom the award is contemplated. No Contractor may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Sample Draft Citywide Tree Maintenance Services Agreement, which is subject to change upon final.

12. WORKERS' COMPENSATION CERTIFICATE
Section 3700 of the State Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations. In accordance with this Section and with Section 1861 of the State Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the attached Sample Draft Citywide Tree Maintenance Services Agreement, which is subject to change upon final, and submit same to City along with the other required contract documents, prior to perfqrming any work. Reimbursement for this requirement shall be considered as included in the various items of work.

13. INITIATION OF THE SCOPE OF WORK
1404157.1
Bidders are notified that it is the City's intent, to the maximum extent practical, to award the Agreement for this Notice Inviting Bids and Specifications for Citywide Tree Maintenance Services such that the Contractor shall begin work at 12:01 AM on July 14, 2021, for the term as set forth in the Draft Citywide Tree Maintenance Services Agreement. Bidders unable to commit to this start date and time may be disqualified for consideration of the award of the Agreement.
18-6

CITY OF LAGUNA HILLS

BID PROPOSAL FOR

CITYWIDE TREE MAINTENANCE SERVICES

PROPOSAL SUBMISSION REQUIREMENTS
Bidder shall submit the following documents as a part of the submission of the Bid Proposal:
1404157.1

1. A cover letter on Company stationery including the following:
a) An expressed statement of interest in providing services to City for the Project
b) A statement expressing that the Company will provide the full Scope of Services described in the Notice Inviting Bids and Specifications c) A statement of the Company expressing its willingness and ability to sign and comply with the Sample Draft Citywide Tree Maintenance Services Agreement
d) A brief statement of the Company's experience which makes them qualified for the Project.

2. Up to ten additional sheets of information identifying:
a) The qualifications of the Company
b) The qualifications of the management staff
c) Brief biographies/resumes of key personnel
d) Letters of Recommendation from current or former clients e) Company experience with similar services provided to public agencies

3. A statement and documentation of the Company's financial condition.

4. A proposed Schedule of Performance.

5. An inventory of the Bidder's equipment (excluding hand tools).

6. Any additional information the Bidder would like considered for determination of the Best Qualified Vendor.

7. ALL of the following Bid Proposal pages.

P-0

BIDDER'S NAME: ______ _

CITY OF LAGUNA HILLS

BID PROPOSAL FOR

CITYWIDE TREE MAINTENANCE SERVICES
TO CITY OF LAGUNA HILLS:

The undersigned CONTRACTOR hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated Project as set forth in the Notice Inviting Bids, Specifications, and Maintenance Services Agreement therefore, and to perform all work in the manner and time prescribed therein.

CONTRACTOR declares that this Bid Proposal is based upon careful examination of the work site, Notice Inviting Bids, Specifications, and Sample Draft Citywide Tree Maintenance Services Agreement. If this Bid Proposal is accepted for award, CONTRACTOR agrees to enter into the attached Draft Tree Maintenance Services Agreement with City at the unit and/or lump sum prices set forth in the following Proposal Bid Sheets.

CONTRACTOR understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing proposal(s), and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump. sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.

CONTRACTOR agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workman's compensation or to undertake self-insurance in accordance with the provisions of that code, and that the CONTRACTOR will comply with such provisions of that code before commencing the performance of this Contract if awarded to it.

CONTRACTOR certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

CONTRACTOR declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.

CONTRACTOR acknowledges that it is the City's intention to award a Citywide Tree Maintenance Services Agreement for a period commencing on July 14, 2021. p- 1
1404157.1

CONTRACTOR acknowledges that the scope and units of work on the Proposal Bid Sheets are approximate descriptions and estimates of work to be performed on an annual basis during the term of this Project, that the work shall only be performed on an as-needed, on-call individual Task Order basis only and no quantity of work or payment to Contractor is guaranteed to be authorized or granted by the City.

CONTRACTOR'S NAME: __________ DATE __ --:--_ __ 2021
CONTRACTOR'S ADDRESS:

PHONE(_). ___ _
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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1404157.1
BY ____________________ __
TITLE. _________ _
(Signature)
BY __________ _
TITLE. ________ _
(Signature)
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CONTRACTOR'S INFORMATION
CONTRACTOR certifies that the following information is true and correct:

Contractor Name --------------------------------------------------- Business Address ------------------------------------------------ FAX No.(_) ____ _ Telephone (___) _____ _
E-Mail address: _________________________________ _
State Contractor's License No. and Class ---------------------------- Original Date lssued _________ Expiration Date __________________ _ Years this Company has been in the Maintenance Business ________ _ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:

All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

BY ________ _
(Print Name)
(Signature)
TITLE ________ _
DATE _____________ _
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1404157.1

BIDDER'S NAME: ______ _

REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which CONTRACTOR has current contracts for maintenance services:

1. Agency:

Address:

Telephone:

Primary Contact PersonfTitle:

Years of service with this Agency: ___ Type of Work: _______ _ Term of Agreement: _______ Expiration Date: _______ _

2. Agency:

Address:

Telephone:

Primary Contact PersonfTitle:

Years of service with this Agency: ___ Type of Work: _______ _ Term of Agreement: _______ Expiration Date: _______ _

3. Agency:

Address:

Telephone: _ ______________________ _
Primary Contact PersonfTitle: ------------------
Years of service with this Agency: ____ Type of Work: _______ _ Term of Agreement: ______ _ Expiration Date: _______ _
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1404157.1

. BIDDER'S NAME: _ _____ _

NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR AND

SUBMITTED WITH BID

STATE OF CALIFORNIA )
) ss

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

Signatures to be Notarized,
Attach ACKNOWLEDGMENT
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Signed
Name (print)
Title
Date
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BIDDER'S NAME _______ _

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES
BID PROPSAL (1 of 3)

ROUTINE TREE MAINTENANCE
Routine Tree Maintenance quantities are estimates, subject to change and subject to issuance of a Task Order
ITEM DESCRIPTION UNITS ANNUAL UNIT PRICE$ TOTAL$
NO. QUANTITY

THE FOLLOWING WORK IS FOR FULL TREE PRUNING
1 Up to 6" Diameter DBH EA 200
2 From 7" to 18" DBH EA 600
3 From 19" to 30" DBH EA 300
4 From 31" to 36" DBH EA 40
5 Over36" DBH EA 10

THE FOLLOWING WORK IS FOR CROWN RAISE/CLEARANCE PRUNE
6 Up to 6" Diameter DBH EA 50
7 From 7" to 18" DBH EA 200
8 From 19" to 30" DBH EA 110
9 From 31" to 36" DBH EA 50
10 Over 36" DBH EA 15

THE FOLLOWING WORK IS FOR PALM TREE SERVICES
11 Prune Date Palm EA 50
(Phoenix spp.)
12 Ornamental Ball Shaping LF 20
for Date Palm (Phoenix spp.)
13 Prune Fan Palm EA 35
(Washingtonia spp.)
14 Skin Fan Palm LF 100
(Washingtonia spp.)
15 Prune all other Palm Species EA 45
16 Clean trunk of all LF 40
Palm Species
17 Fruit Removal Only EA 100
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BIDDER'S NAME: ______ _

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED

ROUTINE TREE MAINTENANCE, CONTINUED
ITEM DESCRIPTION UNITS ANNUAL UNIT PRICE$ TOTAL$
NO. QUANTITY

THE FOLLOWING WORK IS FOR TREE REMOVAL
18 Tree & Stump Removal INCH 1200
per diameter inch
19 Tree Only Removal INCH 2200
per diameter inch
20 Stump Grinding INCH 280
21 Special Handling and Disposal TON 7
fee for contaminated trees

THE FOLLOWING WORK IS FOR ALL-INCLUSIVE TREE PLANTING AND WATERING 22 15-gallon tree EA 125
23 24" box tree EA 10
Total Routine Tree Maintenance Services in Figures $ ______________ __ Total Routine Tree Maintenance Services in Words:
__________________________________________ DOLLARSand _____ CENTS The comparison of lowest price bid shall be on the basis of the Total Routine Maintenance Services price bid.

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BIDDER'S NAME: ______ _

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED
BID PROPOSAL (2 of 3)
Extraordinary Tree maintenance Unit Prices
Extraordinary maintenance service costs are estimates for purposes of budgeting and establishing total costs for specific work task during the year. The quantity of work is not guaranteed. It may increase or decrease depending on the required work and subject to a Task Order issued by the City. The below unit prices shall be all-inclusive of labor, equipment and rna t . enas I an d no a ddT 1 1ona I compensa f 1on w1 ·11 b ea II owe d th ere f ore.

ITEM DESCRIPTION UNITS ANNUAL UNIT PRICE$ TOTAL$
NO. QUANTITY

THE FOLLOWING WORK IS FOR FULL TREE PRUNING
1 Up to 6" Diameter DBH EA 10
2 From 7" to 18" DBH EA 60
3 From 19" to 30" DBH EA 100
4 From 31 " to 36" DBH EA 10
5 Over 36" DBH EA 5
The Following Fully Burdened Rates Shall Be Provided.

ITEM DESCRIPTION UNITS UNIT PRICE$
NO.
1 3 Man Crew+ 1 Aerial Lift Truck + 1 Chipper Truck HOURLY 2 4 Man Crew+ 2 Aerial Lift Trucks + 1 Chipper Truck HOURLY 3 5 Man Crew+ 2 Aerial Lift Trucks + 1 Chipper Truck HOURLY 4 3 Man Crew+ 1 Aerial Lift Truck + 1 Chipper Truck PER DAY 5 Emergency Response during normal work day HOURLY
Paid at a 2-hour minimum
6 Emergency Response during after-hours/weekends HOURLY Paid at a 4-hour minimum
7 Risk Assessment Report by Arborist HOURLY
Level1, 2 or 3
8 Tree Canopy Spraying from ground level INCH
9 Insecticide or Fungicide & PGR Trunk Banding INCH
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BIDDER'S NAME: _ _ ____ _

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED
E x t raor d" mary T ree M. am t enance, c on f mue d
ITEM DESCRIPTION UNITS UNIT PRICE$
NO.
10 Senior Tree Trimmer HOURLY
11 Tree Trimmer HOURLY
12 Grounds Person HOURLY
13 Supervisor HOURLY
14 Operating Engineer HOURLY
15 Plant Health Care Specialist HOURLY
16 Plant Health Care Technician HOURLY
17 Pick-up Truck HOURLY
18 43' Rear Mount Aerial Lift HOURLY
19 52' Rear Mount Aerial Lift HOURLY
20 55' Rear Mount Aerial Lift HOURLY
21 60' Rear Mount Aerial Lift HOURLY
22 65' Rear Mount Aerial Lift HOURLY
23 70' Rear Mount Aerial Lift HOURLY
24 7.5' Rear Mount Aerial Lift HOURLY
25 80' Rear Mount Aerial Lift HOURLY
26 90' Rear Mount Aerial Lift HOURLY
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BIDDER'S NAME: ______ _

CITY OF LAGUNA HILLS

PROPOSAL BID SHEETS FOR

CITYWIDE TREE MAINTENANCE SERVICES

CONTINUED
E x t raor d" mary T ree M . am t enance, c on f mue d
ITEM DESCRIPTION UNITS UNIT PRICE$
NO.
27 Box/Chip Truck HOURLY
28 Small Brush Chipper HOURLY
29 Medium Brush Chipper HOURLY
30 Large Brush Chipper HOURLY
31 Utility Vehicle HOURLY
32 Small Stump Grinder HOURLY
33 Medium Stump Grinder HOURLY
34 Large Stump Grinder HOURLY
35 Root Pruner HOURLY
36 Stake Bed Truck HOURLY
37 Dump Truck HOURLY
38 40 Yard Roll-Off Truck HOURLY
39 40 Yard Roll-Off Truck with Drop Axle HOURLY
40 40 Yard Roll-Off HOURLY
41 Loader HOURLY
42 Crane HOURLY
43 Arrow Board HOURLY
44 Utility Trailer HOURLY

EQUIPMENT INVENTORY
Contractor shall provide, as a separate attachment, the model, make and year of the primary equipment proposed to be used on this Project. Do not list hand tools.

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BID PROPOSAL SUBMISSION STATEMENT
IN WITNESS WHEREOF, Contractor executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this day of , 2021 .

NOTE: CONTRACTOR MAY, AT THEIR SOLE DISCRETION, PROVIDE A LISTING AND

DESCRIPTION OF ADDITIONAL SERVICES THEY OFFER, ADDITIONAL REFERENCES,

AND ADDITIONAL COMPANY INFORMATION DESCRIBING THEIR UNIQUE

QUALIFICATIONS TO AID THE CITY IN DETERMING THE BEST QUALIFIED VENDOR BY ATTACHING UP TO 10 ADDITIONAL PAGES TO THIS BID PROPOSAL. CITY MAY UTILIZE THIS INFORMATION IN ITS EVALUATION OF THE "BEST QUALIFIED VENDOR" IN ACCORDANCE WITH LHMC 3-08.090 and 3-080.100.

BIDDER/CONTRACTOR NAME: _ ________ _
Signatures to be Notarized,
Attach ACKNOWLEDGMENT
1404157.1
By
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Print
Signature
Title

CITY OF LAGUNA HILLS

GENERAL PROVISIONS
FOR

CITYWIDE TREE MAINTENANCE SERVICES

1. AGREEMENT
The selected company/Contractor, by submitting their bid, is agreeing to enter into the proposed Sample Draft Citywide Tree Maintenance Services Agreement (hereinafter "Agreement"), which is subject to change upon final. The Sample Draft Citywide Tree Maintenance Services Agreement is attached (see Appendix 1).

2. CONFLICTS
In case of any conflict between the Notice Inviting Bids, these Specifications and the Agreement, the Agreement shall take precedence.

3. BID PROPOSAL
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The Bidder shall provide bid values for all sections of the Bid Proposal. Bids shall be compared on the basis of the fully completed Bid Proposal for the determination of the lowest responsive Bidder. The Agency shall have the authority to select a company/Contractor to enter into the Agreement to provide services on the basis of the Bid Proposal and in accordance with the "best qualified vendor selection criteria" as described herein.

The Bid Proposal shall provide unit prices for tree maintenance services as shown on the Bid Schedule of all routine, extraordinary and emergency tree maintenance services as described herein in the Scope of Work to include routine tree trimming, tree removal ar;-~d tree stump removal and tree planting, subject to the issuance of a Task Order for such work. Contractor shall furnish and have accessible all required tools, equipment, apparatus, facilities, skilled labor, services·, and material, to perform all work necessary to perform in a good and workmanlike manner the city's urban forest in accordance with the proposal and the defined scope of work. Bidder is solely responsible for satisfying themselves as to the full scope of the tree maintenance services.

In addition to the unit prices for routine Tree Maintenance Services, Bidder shall provide unit prices for work as specified for use in determining compensation for Extraordinary Tree Maintenance Services and for Emergency Tree Maintenance Services, as each are defined in the Scope of Work. No Work shall be performed unless first authorized by the issuance of a Task Order.

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4. AWARD OF CITYWIDE TREE MAINTENANCE SERVICES AGREEMENT - BEST

QUALIFIED VENDOR SELECTION CRITERIA
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Following a review of the Bid Proposal(s), the City shall determine whether to select a qualified Contractor for the Project based upon multiple criteria described herein. The determination of the lowest bid value shall be based upon a comparison of the Bid Proposal. However, the City shall determine whether to award the proposed Sample Draft Citywide Tree Maintenance Services Agreement, which is subject to change upon final, for the Bid Proposal to the best qualified vendor in accordance with all of the following provisions of the LHMC.
"3-08.090 Procurement of goods and supplies, equipment, materials, and nonprofessional services- Greater than fifty thousand dollars ($50,000.00) - Formal The procurement of goods and supplies, equipment, materials, and nonprofessional services with an estimated value of greater than fifty thousand dollars ($50,000.00), inclusive of taxes, licenses, freight charges, installation charges, fees, and other considerations, shall be made by the formal procedures set forth in this section.

A. Notice Inviting Bids. Notices inviting formal bids or proposals from prospective vendors shall be publicly noticed no later than ten calendar days before the submission date for formal bids. The notices shall describe the requested goods or supplies, equipment, materials, or nonprofessional services in general terms, how to obtain more detailed information concerning the procurement, and state the time, place, and deadline for submission of sealed bids or proposals.

B. Public Notice. The notice inviting formal bids or proposals shall be publicly noticed in any generally accepted manner, which includes on the city's official website. In addition, such notice may also include trade publications when practicable.

C. Bid Opening Procedure. Sealed bids or proposals shall be submitted to the office of the City Clerk or requesting city department and shall be identified as formal competitive bids or proposals on the outside of the sealed envelope. The City Clerk or requesting city department head shall store all sealed bids in a secure location until opening. The City Clerk or requesting City department head shall open all bids or proposals in public at the time and place stated in the notice inviting bids. A tabulation of all bids or proposals received shall be open for public review and inspection in the office of the City Clerk or requesting City department during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

D. Rejection of Bids. The City Council or the Purchasing Officer shall have the discretion to reject any and all bids or proposals for any reason or for no reason, and may suspend, delay, or otherwise cancel the procurement, or may order the re-advertisement of the request for bids. If all formal bids or proposals are rejected and the City Council resolves by a recorded majority vote of the total membership of the City Council that the procurement can be performed more economically by force account, by informal GP-2

1404157.1
procedures, or through open market purchases, then it may dispense with further formal competitive public bidding.

E. Tie Bids. If two or more formal bids or proposals received are the same and are the lowest, the City Council may accept the one it chooses.

F. Award of Contracts. Contracts or purchase orders shall be awarded by the City Council to the lowest Bidder or proposer consistent with the best qualified vendor selection criteria set forth in Section 3-08.100, except as otherwise provided herein. The decision of the City Council shall be final. The City Council may authorize that such purchase orders or contracts be executed by either the Mayor or the City Manager, or the City Council may otherwise delegate such signature authority.

G. No Bids Received. If no bids or proposals are received, the purchase may be let in the open market or by the informal procedures set forth in Section 3-08.080, subject to City Council approval.

H. Performance Bonds. The Purchasing Officer shall have authority to recommend that a performance bond or other form of security or guarantee be required before entering into a contract in such amount as may be reasonably necessary to protect the best interests of the city. If a performance bond or other form of security or guarantee is required, the form and amount of the bond, security or guarantee shall be described in the notice inviting bids, and the performance bond, security or guarantee shall be in a form approved by the City Attorney.

I. Defects, Irregularities, and Informalities. The City Council may, in its sole discretion, waive any defect, irregularity, or informality in the formal bids or proposals or in the competitive procedures established in this section, and no such defect, irregularity, or informality shall void any contract entered into by the city. 3-08.100 Best qualified vendor.

In determining the best qualified vendor, consideration is to be given to price, quality, and performance of the goods and supplies, equipment, or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining the best qualified vendor shall include but not be limited to the following:

A. The cost and quality of the goods and supplies, equipment, materials, or nonprofessional services;
B. The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested; C. The ability of the vendor to provide the goods and supplies, equipment, materials, or nonprofessional services requested promptly or within the time specified, without delay, interference, or service interruption;
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D. The ability of the vendor to demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform; E. The character, integrity, reputation, judgment, references, experience, and efficiency of the vendor;
F. The quality of vendor's performance history and record on previous purchases or contracts with the city;
G. The ability of the vendor to provide future maintenance, repair parts, and services for the use of the goods and supplies, equipment, or materials purchased; and H. The ability of the vendor to demonstrate its prior, current, and continued compliance during the contract term with all applicable federal, state, and local laws, statutes, ordinances and all lawful orders, rules, and regulations promulgated thereunder." To facilitate the City's determination of the Best Qualified Vendor, Bidder shall provide additional information about their unique qualifications meeting the City's needs for this Project as a part of the submission of their Bid. The City may, at its discretion, after the opening of the Bids, schedule interviews of the lowest Bidders as a part of its determination of the Best Qualified Vendor. Bidders shall be notified of a schedule of interviews and shall participate upon an invitation issued by the City.

The City reserves the right to accept any bid or portion thereof, to waive any irregularity, and to take the Bid Proposal(s) under advisement for the period of time of ninety (90) days all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Company/Contractor to whom the award is contemplated. No Bidder may withdraw its Bid Proposal for a period of ninety (90) days after the time set for opening thereof. Contractor shall be required to agree to the terms of the attached (see Appendix I) Draft Tree Maintenance Services Agreement.

5. TERM/EXTENSION
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Unless earlier terminated as provided in the Agreement, the Agreement shall commence upon the effective date of the Agreement and shall continue in full force and effect for a period of five (5) years, commencing on 12:01 AM on July 14, 2021, and ending on June 30, 2026 ("Initial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term ("Renewal Option").

Any extension of the Term pursuant to the Renewal Option shall only be made on the basis of the terms, conditions, requirements and schedule of compensation as provided for in the five-year Initial Term of the Agreement.

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6. METHOD OF PAYMENT
The Contractor shall present, for the previous month, a monthly invoice for the routine tree maintenance services as authorized by Task Order for the price proposed and, separately, for any extraordinary tree maintenance work as preauthorized by Task Order as issued by City and tor any emergency work as defined. The monthly invoice shall be accompanied with a narrative description of all work completed in the preceding month and all other reporting as specified herein as a prerequisite for processing the invoice for payment. Failure to invoice monthly, within 30 days of the last day of the preceding month, then said invoice shall not be due and payable. Payment will be made monthly only after verification of completion of the scheduled work and any authorized other work. Send monthly invoices to: Director of Public Services, City of Laguna Hills, 24035 El Taro Road, Laguna Hills, CA 92653

7. ROUTINE TREE MAINTENANCE
Routine Tree Maintenance shall be as defined in the Bid Proposal and in the Special Provisions. No Routine Tree Maintenance work shall be performed without the City issuance of a Task Order authorizing the work.

8. EXTRAORDINARY WORK
1404157.1
No extraordinary work shall be performed without the City issuance of a Task Order authorizing the work. The following procedure will govern such extraordinary work. a) Extraordinary work shall not be initiated without written authorization as represented by a Task Order except if the Public Services Director identifies a time sensitive matter that if not immediately addressed would potentially expose the public to an adverse safety condition or incur a substantial cost impact by a delay in action.

Otherwise, work performed prior to written authorization shall not be paid. b) Work will be executed in a timely manner meeting the approval of the Public Services Director on a unit price basis, an agreed lump sum price basis or on a time and material cost basis as defined in the Task Order.
c) Extraordinary work shall only include work not included in the routine tree maintenance services work as defined herein.
d) Materials cost shall be the actual cost plus 15% for handling of materials purchased by the Contractor and used for the extraordinary work, including sales taxes, freight and delivery charges. The City reserves the right to directly purchase materials for the Contractor's use.

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e) Equipment rental costs for extraordinary work on an hourly or daily basis, if any, shall include full compensation including move-in and/or move-out charges and the operator and no additional compensation will be allowed. All equipment shall be in good working order and be suitable for its purpose.
f) Notwithstanding the above clauses, the City shall have no obligation to utilize the Contractor for extraordinary work and may use other forces as deemed appropriate by the City without any effect on the Agreement.

9. EMERGENCY WORK
Emergency work shall be work associated with a call out from either the City or the Orange County Sheriff's Department, which may occur during any 24 hours of each day, due to an emergency, exigency, disaster, traffic collision, or other similar circumstances creating a safety issue for the public right of way or other City property. Contractor shall respond to emergency work and be on site within two hours of notice of the emergency and restore the public right of way or area, on a temporary basis, to normal operating conditions. Emergency work shall be paid in accordance with the Bid Proposal on a time and materials basis including all labor, equipment and materials and no additional cost will be allowed therefore. Any work that is subsequently necessary to be performed to fully restore the public right of way or area shall not be considered to be emergency work and shall be completed under the Bid Proposal for routine tree maintenance or extraordinary work as authorized by a Task Order.

10. PREVAILING WAGES
1404157.1
The Agreement includes the following provision regarding Prevailing Wages: "Contractor is required to know and comply with the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement." Except for any work or services that are considered to be cleaning, custodial, and janitorial in nature, the City has determined that the work or services contemplated herein are Public Works as defined in the State of California Labor Code, therefore such work or services shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). The prevailing wages applicable to this procurement are available on the DIR web page at www.dir.ca.gov. It is the Bidders' sole responsibility to GP-6

incorporate the cost of complying with all prevailing wage and labor compliance requirements and all applicable laws for this Project. The successful Bidder and its subcontractors of any tier, if any, shall maintain active registration with DIR, as appropriate, for the duration of this Project. Additional Prevailing Wage requirements are set forth in more detail as terms and conditions in the attached (Appendix I) draft Citywide Tree Maintenance Services Agreement.

11. ANTI-KICKBACK AND WORK STANDARDS
The Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). The Contractor shall comply with Sections 103 and 1 07 of the Contract Work Hours and Safety Standards Act (40 U.S.C., 327-330) as supplemented by the Department of Labor Regulations (29 CFR, Part 5). Section 103 requires the Contractor to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and the standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than one and one half (1-1/2) times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the workweek. Section 1 07 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to health and safety as determined under construction, safety, and health standards promulgated by the Secretary of Labor.

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1404157.1

GENERAL

CITY OF LAGUNA HILLS

SPECIAL PROVISIONS
FOR

CITYWIDE TREE MAINTENANCE SERVICES
The Notice Inviting Bids, Information for Bidders, Proposal, General Provisions, Special Provisions, all Appendices and the Sample Draft Tree Maintenance Services Agreement establish the standards and specifications (hereinafter "specifications") for Tree maintenance for the City of Laguna Hills.

The Contractor shall furnish all labor, equipment, materials, tools, services, and special skills required to perform the tree maintenance, as set forth in this specification, and in keeping with the highest standards of quality and performance for the unit prices bid.

SCOPE OF WORK

1. Specifications
All tree maintenance work shall be performed in accordance with the highest quality standards.

All work performed or equipment or parts supplied by Contractor shall be subject to applicable Federal and State Standards, approved proposals, contract documents, City inspection, and approval by the City, its Director of Public Services, or his authorized representative. Failure to pass inspection on any maintenance, repair and service item will result in non-payment for that item until such time as the Contractor can complete the item to the satisfaction of the City.

The work performed shall be done in accordance with the General Provisions, Special Provisions and Agreement. The work shall conform with the highest quality as defined by arboricultural resources as selected by the City. As needed, the work shall also follow the Standard Specifications for Public Works Construction, latest edition, and/or Caltrans Standards, hereinafter referred to as the Standard Specifications. In case of conflict between the Standard Specifications and the City Specifications, the City Specifications shall take precedence over and be used in lieu of such conflicting portions. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the Agreement.

2. Compensation for Maintenance
City will compensate Contractor for tree maintenance at the Bid Proposal unit prices per the Bid Proposal and in accordance with the provisions of the Draft Citywide Tree Maintenance Services Agreement. Said compensation shall include all labor, materials, equipment, overhead and profits to perform the routine service and no extra compensation will be allowed therefor. No additional compensation will be allowed for compliance with all provisions of these Specifications.

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Extraordinary maintenance shall be invoiced at the established rates per unit prices per the Bid Proposal and shall include, as appropriate, all labor, materials, equipment and profit. All items not covered by unit prices shall require a negotiated price and approval by the Director of Public Services or his authorized representative. All extraordinary maintenance requires City authorization per Task Order prior to beginning the work unless the work is an emergency repair required to restore the safe operation of the public right of' way. Contractor shall still submit the appropriate documentation for subsequent authorization of the emergency work including photos of any visible damage with details of any final repairs that might be required including a schedule for completion. City reserves the right to separately bid extraordinary maintenance work to other firms in the event a negotiated price or schedule of completing repairs cannot be reached which is acceptable to both parties or is deemed by the City to exceed the terms of the current Contract. Contractor may be required to assist or support other firms selected by the City as requested.

Emergency work shall be invoiced at the established rates per time and equipment hourly rates per the Bid Proposal plus materials, if any, at cost plus 15%.

3. Contractor Requirements
The Contractor shall at all times maintain local facilities where assigned personnel have access to all required tools, equipment, apparatus, facilities, skilled labor, services, and material, to perform all work within the required response times necessary to maintain the City's urban forest.

4. Service Requests 24-Hour Phone Access
The Contractor shall maintain a single, attended (real person contact) local telephone number where they can be reached twenty-four (24) hours a day, seven days a week to provide tree maintenance and emergency response as requested by the City.

The Contractor shall maintain and provide mobile communication that allows the City direct phone and email communications with all supervisors assigned to the City and their designated representatives. This includes providing equipment for their receipt and responses to emails in addition to phone calls while in the field.

5. Response Criteria for Requested Services
Routine and Extraordinary Tree Maintenance shall be scheduled following the issuance of a Task Order to begin work within fourteen (14) calendar days or as mutually agreed.

Whenever the Contractor receives emergency service calls from the City or its designated representatives, Contractor shall provide immediate response to emergency calls and dispatch the qualified personnel and equipment to reach the site within two (2) hours of the contact, including Saturdays, Sundays, and holidays. Contractor is required to provide the reporting party with an estimated time of arrival.

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As part of emergency response, Contractor may be required to respond to accidents or tree failures. Photos shall be taken of any damage and submitted with a written report summarizing the results of the examination and inspection. These reports and photos shall be submitted within five (5) calendar days. Contractor shall clear the public right of way or specified area of any tree, limb or debris and clean the site of any debris on the public right of way or specified area. Once the public right of way or specified area is clear, any remaining needed work shall not be included in the emergency response but shall otherwise fall under routine tree maintenance work by Task Order.

6. Traffic Control
Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times and conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. No lane closures will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:30p.m. to 6:00p.m. unless an emergency exists and such a closure is necessary to safeguard the traveling public.

The Contractor shall furnish, erect and maintain such fences, barriers, lights, warning devices and signs in compliance with Part 6 "Temporary Traffic Control" of the current "California Manual of Uniform Traffic Control Devices" (MUTCD-Latest Version) published by the State of California, Department of Transportation, the standards as contain in the "Work Area Traffic Control Handbook" (WATCH-latest edition) published by Building News Inc. or as may be deemed necessary by the Director of Public Services to give adequate warning to the public at all times that the road or street is obstructed and of any abnormal conditions to be encountered as a result thereof.

All trucks shall be equipped with a minimum of eight (8) STOP signs and small barricades or stands that can be placed in the intersection during an emergency response, shut down or "blackout" intersection as needed. Each vehicle used to place and remove components shall be equipped with a flashing arrow board, which shall be in operation when the vehicle is being used for placing, maintaining, or removing components. All staff shall, at all times, wear ANSI 107-2015, Class II safetyvests.

7. Routine Maintenance
Routine Tree Maintenance is specified as follows: The Contractor shall provide routine maintenance of the City's urban forest based upon the issuance of a Task Order consistent with the unit prices in the Bid Proposal. Routine tree maintenance is defined by the bid items in the Bid Proposal and the Specifications, and, as well is further defined as all of the City's urban forest that is accessible from the public right of way or vehicle accessible trails or pathways in the City's open space where these trees are reachable by the largest, longest reach, commercially available, boom truck/aerial lift. All said trees are considered to be within the definition of Routine Tree Maintenance, regardless of other location factors, as is solely defined and determined by the City.

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8. Extraordinary Maintenance
Extraordinary Tree Maintenance is specified as follows: The Contractor shall provide extraordinary tree maintenance of the City's urban forest based upon the issuance of a Task Order for each work effort consistent with the unit prices in the Bid Proposal. Extraordinary tree maintenance is defined by the bid items in the Bid Proposal and is further identified as all of the City's urban forest that is not accessible from the public right of way or trails or pathways in the City's open space. The trees under this item of work are generally on steep slopes, in ravines and open spaces not accessible by vehicle. All trees maintained shall require manual means, rigging and roping, personnel climbing in trees, and the dragging and removal of all trimmings and debris by manual means to the closest vehicle location. The Contractor shall NOT drive or park on any City sidewalk to perform this work. City sidewalks ARE NOT designed to accommodate the large weight loads produced by tree maintenance equipment, and may crack, become compromised for pedestrians, or become aesthetically unpleasing. Payment to rig/hand climb and utilize Ground Crews on slopes shall be included in the cost per tree per the proposal. The Contractor shall not receive any additional payment for utilizing rig/hand climbing and Ground Crews.

9. Emergency Service
Emergency work shall be work associated with a call out from either the City or the Orange County Sheriff's Department, which may occur during any 24 hours of each day, due to an emergency, exigency, disaster, traffic collision, or other similar circumstances creating a safety issue for the public right of way or other City property. Contractor shall respond to emergency work and be on site within two hours of notice of the emergency and restore the public right of way or area, on a temporary basis, to normal operating conditions. Emergency work shall be paid in accordance with the Bid Proposal on a time and materials basis including all labor, equipment and materials and no additional cost will be allowed therefore. Any work that is subsequently necessary to be performed to fully restore the public right of way or area shall not be considered to be emergency work and shall be completed under the Bid Proposal for routine tree maintenance or extraordinary work as authorized by a Task Order. Contractor shall maintain 24-hour-per-day emergency service.

10. Method of Payment
Upon the receipt of an itemized invoice within thirty (30) days of completion of the work, City shall compensate Contractor for work in accordance with the provisions of the draft Citywide Tree Maintenance Services Agreement. Any work not invoiced by the Contractor within 90 days of completion of the work shall not be paid.
a. Materials
The City shall pay to the Contractor for materials used in extraordinary maintenance the Contractor's cost from the supplier plus the percentage mark-up specified in the Contractor's bid proposal but in no case greater than 15%. All materials and parts shall be new or have the SP-4
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approval of the Director of Public Services, if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. b. Direct Labor
Contractor shall present with its monthly invoice a record of hours spent in extraordinary maintenance and/or emergency services for tree maintenance. City shall pay the Contractor for such hours of extraordinary maintenance and/or emergency response at the rates specified in the Bid Proposal. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, workmen for health and welfare, insurance workmen's compensation, pension, vacation, sick leave, or any local, state, federal, or union tax or assessment. c. Equipment
City shall pay Contractor for equipment used in extraordinary maintenance on a per- hour basis as specified in the Bid Proposal and per the appropriate required equipment to complete the work.

The Contractor's listing of per-hour equipment rates shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified on the Bid Proposal for per-hour rates. No additional compensation shall be paid for transporting the equipment to or from the job site.

11. Permits and Licenses
The Contractor shall procure all permits and license, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Contract. No fees will be charged for City-related projects.

12. Tree Asset Management
The Contractor, at its sole expense, within six months of the initiation of this contract, shall inventory all of the City's urban forest with attribute data to the satisfaction of the City.

Contractor shall maintain and provide the City with access to a tree record keeping system consisting of an on-line software program that allows the City to view information about its tree population, including the description of each tree by species, height, diameter, work history, as well as tree and planting site location and other ·information as designated by City. Contractor shall also make this database accessible through the City's Geographic Information System and shall be compatible with same. All data in this system shall be owned by the City.

The on-line software program shall be a City approved database program. The program shall have the capability to produce detailed reports of tree and site information, work histories, service requests, summary reports and pictures of City tree species. The program must allow for batch update of work histories. The Contractor shall provide complete software support to the City for the entire contract term.

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The City may require tree evaluations, including written reports. The Contractor shall provide an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections.

During normal pruning process, if Contractor comes across a tree that is not in the City's tree inventory database, Contractor is responsible for recording the location and all appropriate tree attributes. This data is to be submitted electronically to the City via shapefile, and shall conform to the City's requirements.

13. Emergency contact numbers
The Company/Contractor shall furnish the City with toll-free emergency telephone numbers which can be called 24-hours a day during emergency conditions. The Contractor shall make available personnel to respond to calls to alleviate emergency situations should they arise.

Personnel shall be at the site of the emergency and shall initiate remedial action within two (2) hours from time of notification of emergency situations. An answering service is not adequate for emergency calls.

14. Licenses
The Contractor shall have and maintain a State of California Contractor's License as appropriate for the work for the duration of these services. Additionally, Contractor shall have and maintain additional licenses as required by any governmental regulation for any other regulated work. There is no City Business License requirement.

15. Dress Code and Appearance of Personnel
The Company/Contractor shall be required to provide uniforms for personnel assigned to the Project, meeting the City's approval. Sufficient clothing changes shall be provided to personnel to always present a neat and clean appearance of the tree maintenance personnel at all times.

All employees working in or around right-of-way must wear reflective safety vests meeting ANSIIISEA 107-2015 Class II, or better, Standards and, as appropriate, safety helmets, safety goggles, and other safety gear.

16. Interaction with Public
All of the personnel shall exhibit and practice courteous and ethical behavior during all times of the Agreement and during all interactions with the public to the City's satisfaction. All personnel shall be capable of basic communication skills in the English language. Any personnel deemed not meeting the City's standards shall be promptly removed from the Project. Contractor's personnel shall always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City, or any other City employees.

Contractor's personnel shall be required to work in a pleasant and professional manner with City employees, outside Vendors and the public. Nothing contained in this RFP shall be SP-6
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construed as granting the Contractor the sole right to supply personnel or contractual services required by the City or without the proper City approval and the issuance of a Task Order.

17. City's Right to do Work
The City reserves the right to do work within any area.

18. City Liaison
The City representative and the Contractor's Supervisor will meet on a weekly basis when work is being performed in the City or on a schedule as determined by City. The cost for meetings is deemed included in other items of work and shall not be invoiced to the City.

19. Communications
In addition to emergency telephone access and regularly scheduled meetings, Contractor shall maintain standard office contact methods including telephone, facsimile machine, and U.S. mail. Contractor shall maintain and utilize an email account specific to the City of Laguna Hills.

Email shall be the routine communication media for submission of documents, requests, task orders, reports, etc.
2Q. Scheduling
The Contractor shall accomplish all routine work required under this contract between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. The City may grant, on an individual basis, permission to perform the work at other hours. No work that generates excess noise, such as by use of a chipper, shall be commenced before 8:00 a.m. The Contractor shall perform its work at such time as to minimize disturbance or interference to resident convenience, pedestrian or vehicle circulation. The Contractor shall submit a work schedule describing proposed operations and when work will be accomplished. The schedule shall be subject to approval and change by the City and shall be submitted prior to starting any tree maintenance operations. No work shall occur on City designated holidays.

21. Reports
The Contractor, as part of the Agreement, shall submit reports and schedules on a monthly basis as a pre-requisite for the submission of the Contractor's monthly request for compensation. Such reports shall include, but are not limited to, the following:

1. The results of work performed in the previous 30-day period, including, but not limited to, updates to the City's electronic the tree inventory database as defined herein.

2. Reports of work planned in the next 30-day period.

3. Any proposals in response to City issued Task Orders or information requests.

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4. Any emergency work response in the previous 30-day period.

22. Supervision, Special Skills and Certifications
The Contractor shall assign a supervisor of field staff to assure performance of the tree maintenance work is completed in accordance with these specifications. All field technicians shall be certified in their respective qualifications by an independent agency or per State licensing sufficient to competently perform their work. Contractor and the Supervisor shall have expertise and experience in arboriculture, pest control, disease identification, soils, fertilizers and plant identification. The Supervisor must be fluent in the English language. The Contractor and the Supervisor shall have the knowledge and ability to determine each tree species response to pruning, and to be able to properly prune the tree species listed on the task orders. All work shall the highest standards for tree maintenance and meet with the approval of the City. There shall be regular meetings on site with the Contractor and the City to determine progress and to establish areas needing attention. Any specific problem area which does not meet the condition of specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected. All supervisory personnel shall possess and maintain a current and valid Certified Arborist Certificate, issued by the International Society of Arboriculture. All other personnel must possess and maintain a current and valid Certified Tree Worker Certificate, issued by the International Society of Arboriculture. A staff roster, including copies of certificates, must be submitted to the City prior to initiation of the contract and be maintained current throughout the term of the Contract.

23. Protection of Facilities/Utilities
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above ground and underground on the City's property. Any damage to City property deemed by City to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City. The requirement below to contact Underground Service Alert 48 hours prior to excavating shall not relieve the Contractor of the above-stated obligation.

The Contractor shall carefully protect from damage all trees, shrubs, ground covers, turf, irrigation, water service, fences, sidewalk, buildings, automobiles, street lights, street signs, or any other facilities located on or adjacent to the job site. Should any direct or indirect damage or injury result to any public or private property by or because of any act, omission, neglect or misconduct in the execution of work, on the part of the Contractor or the Contractor's employees, such property shall be restored by the Contractor at no additional cost to the City, to a condition equivalent to that existing before damage occurred The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Public Services Director. Replacement shall be made by the Contractor in the kind and size of trees as determined by the Public Services Director. Where there is a difference in value between the SP-8
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trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Public Services Director, using the latest Council of Tree and Landscape Appraisers - Guide for Plant Appraisal If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, i.e., utility lines. This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or problems shall be reported immediately to the City.

NAME
AT&T
OCTA
SCE

1. Utility Requirement
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the locations of their substructures in the construction area when the Contractor gives at least a 48 hour notice to the Underground Service Alert by calling (800) 422-4133. Contractor shall provide the agency with proof of contact with USA upon request.

The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.

ADDRESS CITY, STATE, ZIP ATTENTION Phone
Number
1265 N. Van Buren St. Anaheim, CA 92807 David Goldstein 714/666-5696 550 S. Main Street Orange, CA 92613 Kyle Poff 714/560-5816 14155 Bake Parkway Irvine, CA 92718 Chris Schafer 949/458-4413 El Toro Water 24251 Los Alisos Bl. Lake Forest, CA 92630 Brian Miller 949/837-7050 Gas Company 1919 S. State College Anaheim, CA 92806 Mike Duenaz 714/634-3158 Gas Company P. 0. Box 1100 Chatsworth, CA 91313 Rosalyn Squires 818/701-4546 Transmission
CR&R P.O. Box 1100 San Juan Capistrano, CA Mike Campuzano 949/254-1779 92693
SVUSD 25631 Diseno Drive Mission Viejo, CA 92691 Frank Manzo 949/580-3335 Moulton 27500 La Paz Road Laguna Niguel, CA 92677 Steve Merk 949/425-3538 Niguel Water
District
CoxComm 27121 Towne Centre Dr Foothill Ranch, CA 92610 Reynaldo Castro 949/563-8889 Santa P. 0. Box 7005 Mission Viejo, CA 92690-7005 Jaime Aguilar 949/459-6582 Margarita
Water District
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SDGE 662 Camino de los Mares San Clemente, CA 92673 Dolphus D. Davis 949/369-4721 The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from its operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.

2. Safety Orders
The Contractor shall comply with the provisions of any Agency ordinances or regulations, State Laws, and Federal Regulations regarding requirements for the protection of excavations and the nature of such protection.

In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation of five feet or more in depth and into which a person is required to descend.

Prior to beginning of excavations requiring shoring, the Contractor shall provide the design of the shoring system as prepared by a licensed civil engineer and designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring, and bracing. In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for construction safety and for any damages which may result from its failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.

24. .Contractor Neglect
Any damage to City or private property which has been determined by the City to be due to the Contractor's neglect or actions, shall be corrected by the Contractor at no additional cost to the City.

25. Safety
Contractor shall be solely responsible for providing a safe work place, and compliance with standards and regulations of the Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), and any other applicable governmental law. Any person working in proximity to electrical conductors shall be properly trained in SP -10
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electrical hazard recognition and avoidance, and possess the appropriate qualifications required by the State of California.

Any dead tree, tree with excessive decay, or tree with a substantial defect such as a split, crack, or unstable root system, shall be reported immediately to the Public Services Director.

The Contractor shall postpone any tree maintenance activity wherein a vehicle is in proximity and such activity has the likelihood of causing damage to vehicle. In such instances, it is the responsibility of the Contractor to immediately notify the vehicle owner and request to have the vehicle moved to a safe location. ·

26. Preservation of Wildlife
Reasonable efforts shall be taken to protect and preserve the nests, or nesting cavities, of beneficial birds and other beneficial animals, unless in-so doing would create a hazardous condition. California Department of Fish and Game Code Section 3503 states, "It is unlawful to take, possess or needlessly destroy the nest or eggs of any bird," therefore, it shall be the Contractor's responsibility to bypass and leave undisturbed any or all trees scheduled for pruning or removal if active nesting birds or eggs are found to occupy the tree(s).

27. Equipment Operations
The Contractor shall take all necessary precautions for safe operation of its equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by City to be in disrepair or unsatisfactory, shall be repaired or replaced immediately.

28. Traffic Control
The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of vehicles.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

The Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the construction area.

The Contractor shall utilize and follow the requirements of the Caltrans Traffic Manual or the Work Area Traffic Control Handbook prior to implementing any lane closures. Special attention shall be made to protecting and maintaining bicycle lanes. Should any lanes need to be closed to facilitate maintenance operations, Contractor shall minimize this occurrence and post notices as required.

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29. Noise Control
The Contractor shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. Operations and equipment use is restricted to the hours of 7:00a.m. to 7:00p.m. Noise generating equipment shall not be used before 8:00 a.m. It is the responsibility of the Contractor to become familiar with all local sound control and noise level rules, regulations, and ordinances. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the Project without said muffler.

30. Water Quality
Contractor shall be familiar with and comply with all provisions of the National Pollution Discharge Elimination System as implemented by City and via permits issued by the Santa Ana or San Diego Regional Water Quality Control Boards. Contractor shall comply with Stormwater Best Management Practices.

31. Quality of Work
The quality of work will continue to play a part in the success and acceptance of this project.

Selective pruning shall be employed at all times following the most current standards of the Western Chapter International Society of Aboriculture's pruning standards.

The City Park Supervisor shall be the sole judge as to the adequacy and quality of the maintenance.

32. Pruning Standards
Before any work commences, Contractor shall prune one typical tree of each different species scheduled for work. Work shall be to the satisfaction of the City and will be the form all other trees are trimmed to. Pruning shall be in strict accordance with all standards and methods as prescribed by the International Society of Arboriculture.

The Contractor shall prune to retain the natural structure of each tree species, unless otherwise directed by the Public Works se·rvices Director, and have the knowledge and ability to determine each tree species response to pruning. Pruning patterns shall be consistent so that visual continuity is maintained, and the value of all City trees pruned is increased.

The use of chain saws shall be restricted to those cuts that cannot be made with hydraulic, pneumatic, or manually operated lopping shears. All blades, chains and other cutting devices shall be kept sharpened, to make a clean final cut, with the bark intact and free from stripping or shredding. Wound dressings are not permitted.

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Pruning cuts shall be made carefully and at the proper location; this will be back to the parent branch or trunk, just to the outside of the branch collar and branch bark ridge. Branch cuts shall be kept as small as possible to prevent excessive decay. No live branch greater than eight (8) inches in diameter (measured at the base of the branch) shall be removed without authorization from the Public Services Director, unless said branch is weakly attached or has other significant defect. Limbs, measuring two (2) inches or greater in diameter, shall be removed using the three-cut method.

When pruning mature trees, no more than twenty-five (25) percent of the leaf-bearing canopy should be removed. Live Oaks are limited to ten (10) percent. When reducing the length of a limb back to a lateral branch, the lateral should be at least one- third the diameter of the portion removed. Young trees shall be pruned primarily to improve structure.

Private trees encroaching upon a City sidewalk or street, and are not providing proper height clearance requirements, shall be raised on the street-side only to mitigate nuisance The use of climbing spurs, gaffs, or any other climbing devise that causes puncture wounds is prohibited, except for aerial rescue efforts, or during removals.

The Contractor s~all not prune any tree(s), which have been pruned by a resident or homeowner and have been trained, cut, or sheared in such a way to form a hedge, espalier, or picturesque shape, and have not been trained in the normal landscape shade tree standard of pruning. Such trees shall not be recorded on the work list. These trees are to be noted, and the Contractor shall inform the Public Services Director of them by address.

Any inappropriate piece of metal, wire, rubber·, wood, or other material that is damaging the growing tissue of a tree or predisposes the tree to irreparable damage in the future, shall be removed. If it is determined that the material cannot be removed without further damage to the growing tissue of the tree, it shall not be removed, but necessary actions shall be taken to reduce the impact of this material to the tree by cutting out as much of the exposed surface of it as possible.

Vines that are entwined on the trunk or throughout the limb structure shall be removed with caution, avoiding injury to tree.

33. Tree Maintenance Definitions - Pruning
a) Full Pruning - The objective is to improve tree structure, reduce wind sail effect, allow for improved light penetration, provide proper clearances, and to remove dead or other undesirable limbs. Selective pruning shall be implemented; any or all pruning techniques shall SP -13
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be applied depending on the requirements of each tree. These include, structural pruning, crown cleaning, crown thinning, crown reduction, crown raise and crown restoration. b) Crown Raise- In areas where raises are specified, no other type of pruning shall be done.

A crown raise is removal of lower branches only, to provide proper height clearance. Fourteen and one- half (14.5) feet clearance is required over streets, where applicable. Nine (9) feet clearance is required over parkways and sidewalks. Eleven (11) feet clearance is required over equestrian trails. To avoid destroying the natural structure of small trees, they shall not be raised to the afore-mentioned Specifications. Instead, such trees shall be pruned to reduce the length of the obstructing limbs.
c) Crown Cleaning - In areas where cleaning is specified, no other type of pruning shall be done. Crown cleaning is the removal of dead, dying, diseased, broken and weakly attached branches. Crown cleaning shall also include crown raise, when needed to provide proper clearance.
d) Crown Reduction - In areas where hei~ht issues are specified, no other type of pruning shall be done. Crown reduction is used to reduce the height and/or spread of a tree. Thinning cuts are most effective in maintaining the structural integrity and natural form of a tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be at least one-half the diameter of the cut to be made. e) Palm Pruning- Palm fronds are to be removed so that a 90-degree angle is achieved. The angle shall be measured from the horizontal axis of the growing point base. All dead fronds, flower stalks and fruit stalks shall be removed and cut as close to their base as possible without damaging adjacent fronds or trunk tissue. Loose petioles from previous pruning operations shall be removed carefully. When pruning palms in the Phoenix genus it is imperative to sterilize all pruning equipment avoid possible tree-to-tree transmission of the disease Fusarium oxysporum.

34. Tree Maintenance Definitions - Tree Removals
a) All tree removal operations shall be in strict accordance with the methods prescribed by the International Society of Arboriculture.
b) Trees designated for removal by the Public Services Director will be marked with a DOT, using white paint, on the trunk, just above the root collar of the tree. If for any reason there is doubt regarding the trees(s) to be removed; the Public Services Director will be contacted before work commences.

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c) Felling is permitted providing it can be safely achieved without endangering surrounding property and will not interfere with vehicular traffic. A tag line(s) shall be used to direct fall always. All bystanders shall be kept at a safe distance from the work site. d) Trees too large to fell shall be removed in sections. Each section shall be cut into a size that can be handled easily and safely by one tree worker. If section is too heavy for one worker, it shall be rigged and lowered to the ground. The means of lowering shall be acceptable to the Public Works Services Director.

35. Tree Maintenance Definitions - Stump Grinding
a) Stump grinding shall be incorporated with the removal of the tree and performed on the same day. The underground service alert regional notification center (Dig Alert) must be called prior to the start of the removal list, to allow enough time for each site to be marked before work begins.
b) It shall be the responsibility of the Contractor to remove the USA markings within five (5) working days after the stump has been ground.
c) The depth of stump grind shall be no less than eighteen (18) inches below lowest surface grade. The grind shall comprise the entire stump below soil surface and any uplifted portion of the soil caused by the root flare. Exposed roots, whether in the public right of way or private property, shall be traced and ground or chopped out to a depth of no less than eight (8) inches below the lowest surface grade. If irrigation is damaged it shall be repaired immediately. The site shall be backfilled with a mix of 60% soil and 40% of the remaining wood chips; then firmly tamped down to allow for as little settling as possible. All excess wood chips and soil shall be hauled away. When complete, the work site shall be level and at the original soil grade of the surrounding area.
d) Control of stump re-growth shall be accomplished through the use of herbicides as deemed necessary by plant growth characteristics, under certain environmental and cultural condition, and/or City direction. Specific herbicides and methods of application are subject to approval by the City prior to use. Typically, a systemic herbicide such as Glyphosate is the herbicide of choice for stump re-growth control and applied as per manufacturer's recommendations.

All pesticide applications must be preceded and accompanied by a written recommendation by a State Licensed Agricultural Pest Control Advisor (PCA). All personnel applying pesticides must possess a valid agricultural qualified applicator's license Q.A.L. holder. The full cost of the stump regrowth control process as outlined above will be borne by the contractor as part of the tree removal unit price.

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36. Tree Maintenance Definitions - Tree Planting and Staking a) Trees purchased by the Contractor shall comply with the specifications set forth in the Standards for Purchasing Container-Grown Landscape Trees b) All trees shall be planted according to the Standards prescribed by the International Society of Arboriculture. The City standard drawing for tree planting shall be followed. c) The Contractor shall follow the requirements of UNDERGROUND ALERT before the excavation of any tree-planting site.
d) Prior to planting, the natural root flare must be identified. Any soil that may be covering the root flare must be removed. The planting hole shall be dug to a size of two times the width of the root ball, leaving the bottom firm, to prevent the tree from settling. The container shall be removed carefully to prevent root or stem damage; the tree shall not be pulled by the stem. If the container does not come off easily, it shall be cut on one or more sides, from top to bottom, to allow its removal. Circling roots shall be separated and spread outward. Densely matted roots that cannot be teased apart shall be cut cleanly in two places. e) The tree shall be lifted by the root ball only and carefully placed in the planting hole. The root ball shall be oriented so that the tree stands vertical, with the top of the root ball approximately one to two inches higher than the soil grade. Backfill shall be native soil only with no rocks greater than three inches diameter. Soil shall not be placed on top of the root ball. Displace air pockets in the backfill by moderately tamping with shovel handle and watering in. Check for settling and add backfill if necessary. To avoid compaction of the soil, do not tamp the backfill with excessive pressure or use broad, heavy objects. f) Any tree that can stand upright without support and would be able to withstand prevailing winds along with yearly Santa Ana wind occurrences shall not be staked. g) If upon determining a tree cannot support itself, two stakes of good quality treated lodge pole pine not exceeding eight feet in length and no more than two and one-half inches in diameter, shall be used. The stakes shall be placed in a northwest I southeast configuration to give maximum support during heavy wind conditions and placed outside the root ball, avoiding any damage to roots. Stakes shall be pounded down until sufficiently stable. The top of the stakes interfering with branch structure shall be cut off below the lowest branch where the tree's growth habit permits.
h) Trees shall be tied to stakes using rubber cinch ties, thirty-two inches in length, attached by a method of a figure eight loop between the tree trunk and each stake. Ties shall be SP -16
1404157.1

attached to stakes with galvanized nails driven into the stakes. A minimum of two ties shall be used, placed high enough on the trunk to support the crown. Additional ties shall be placed lower on the trunk if needed to straighten. Ties shall be taught enough to prevent trunk from rubbing against the stakes, but with a modest amount of slack to allow movement of the tree.

Ties shall not be placed in branch crotches.
i) A plastic guard shall be placed loosely around the base of the trunk. j) A watering basin shall be placed around the outer edge of the root ball in areas where runoff will occur. The basin shall be in the form of a tightly compacted soil berm, three inches in height. A watering basin is not required on turf or dense groundcover. k) Staking Only- The Contractor shall stake any tree that is unable to stand upright on its own, whether the existing stakes have become loosened, damaged, incorrectly installed, or where the stakes are absent. This work shall be performed in any area where the contractor is pruning or where otherwise directed by the Public Works Services Director. All the standards shall be followed.

I) Stake Removal- The Contractor shall remove stakes from trees that have achieved enough stability and grown to at least three (3) inches diameter at breast height (DBH). The stakes should be pulled completely out of the ground when possible; otherwise, the stakes shall be cut down below grade and backfilled with soil. All undamaged tree stakes that are suitable for re-use shall be returned to the City. The Contractor shall dispose of all damaged tree stakes.

Stake removal shall be performed in any area where the contractor is pruning, and there shall be no extra charge incurred.
m) Removal of Brush and Debris - The Contractor shall be responsible for the removal and disposal of all debris, i.e. wood, branches, brush, chippings, and any other material resulting from tree maintenance operations. Contractor must comply with all state, county and local laws and ordinances applicable to and governing such disposal. Disposal of all Eucalyptus wood infested with the larvae of the Eucalyptus Long Horned Borer shall follow the State of California Public Resources Code, Article 5, Section 4714.5.
n) Tree Watering - Watering is to be performed by a one-man crew with a water truck.

Contractor shall include the pricing to water newly planted trees for the 6 weeks after initial planting. Watering will occur along various routes including landscape medians, parkways, parks, and City facilities.
o) Tree Warranty- Contractor will warranty all trees planted by contractor for up to 6 months.

If the tree should die or decline dramatically the contractor will replace the tree with the original size installed.

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37. ARBORIST SERVICES
On occasion, the City requires tree evaluations including written reports. The Contractor 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 risk assessment 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.

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APPENDIX I

DRAFT CITYWIDE TREE MAINTENANCE SERVICES

AGREEMENT

SAMPLE DRAET MAINTENANCE SERVICES CONTRACT
***SUBJECT TO CHANGE ON FINAL CONTRACT A WARD***
TREE~TENANCESERWCESAGREEMENT
Insert: Name of Corporate Entity, Inc.
(Citywide Tree M.aintenance Servit;es)
THIS CITYWIDE TREE MAINTENANCE SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 14th day of July 2021, by and between the CITY OF LAGUNA HILLS, a municipal corporation organized and existing under the laws of the State of C~lifomia (hereinafter referred to as "City"), and . . . . . . . . · ·· · .. JNC., ~ Californ,ia corpor~tion (hereinafter referred to as "Contractor"). City and Contractor are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

RECITALS
A. City has determined that there is a need to retain the services of a qualified professional tree maintenance services company capable of performing routine, regularly scheduled, and specialized citywide tree maintenance services for the City's urban forest in order to maintain the treet assets owned by the City in a manner acceptable to the City (the "Project").

B. In response to City's Notice Inviting Bids (Notice Inviting Bids and Specifications for Citywide Tree Maintenance Services), dated May 24, 2021, Contractor has submitted to City a proposal, dated June _, 2021 to provide tree maintenance services for the City's urban forest, as well as to provide and perform other similar tree maintenance services on as as-needed, on-call basis, for the Project pursuant to the terms of this Agreement.

C. Contractor represents and maintains that it is uniquely qualified by virtue of its experience, training, education, reputation, labor and equipment, and expertise to provide the requested tree maintenance services and has agreed to provide such maintenance services to City for the Project as provided herein. The City does not have the personnel, specialized equipment, or technical expertise able to perform the work and services contracted for herein. The City does not possess the knowledge, expertise, or skill to control and direct the work necessary for the Project and requires the use of an independent contractor to do so.

D. City desires to retain Contractor to provide such tree maintenance services for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. MAINTENANCE SERVICES

1.1 Scope of Services and Standard of Performance. In compliance with all terms and conditions of this Agreement, Contractor promises and agrees to provide, furnish, and perform 1 1582247.1

SAMPLE DRAFT MAINTENANCE SERVICES CONTRACT
***SUBJECT I O CHANGE ON FINAL CONTRACT AWARD***
citywide tree maintenance services for the City's urban forest, as well as to provide and perform other similar tree maintenance services, to City for the Project on a routine, regularly scheduled, emergency, and as-needed on-call basis as set forth in Contractor's Proposal/Scope of Work, dated June_, 2021, and as set forth in City's Notice Inviting Bids and Specification for Citywide Tree Maintenance Services, dated May 24, 2021, which are each attached hereto as Exhibit "A" and Exhibit "B" respectively and are incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills, equipment, personnel, labor, and abilities and that, consistent with this understanding, Contractor's Services and Work shall be performed in a skillful and competent manner and shall be held to a standard of quality and workmanship prevalent in the industry for such service and work and with the standards recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and warrants that it is skilled in the discipline necessary to perform the Services and Work and that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement.

Contractor represents and warrants that it and all of its employees and subcontractors providing services under this Agreement shall have sufficient skill and experience to perform the Services and Work assigned to them. All Services and Work shall be completed to the reasonable satisfaction of the City.

1.2 Contract Doctlments. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the City's Notice Inviting Bids and Specifications for Citywide Tree Maintenance Services, dated May 24, 2021; and, (3) the Contractor's signed, original Proposal/Scope of Work, dated June_, 2021, including the Contractor's Schedule of Performance and Schedule of Compensation/Fees/Hourly Rates and Unit Prices, ("Contractor's Proposal") submitted to City in response to City's Notice _Inviting Bids for the Project, which shall all be referred to collectively hereinafter as the "Contract Documents." The Contractor's Proposal and City's Notice Inviting Bids and Specifications for Citywide Tree Maintenance Services dated May 24, 2021, which are both attached hereto as Exhibit "A" and Exhibit "B." respectively, are hereby incorporated by reference and are made a part of this Agreement. All provisions of this Agreement, the Contractor's Proposal, and the City's Notice Inviting Bids, including the City's Project Specifications, shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms and conditions of this Agreement; (2"d) the terms, conditions, requirements, and provisions of the City's Notice Inviting Bids and Specifications for Citywide Tree Maintenance Services (Exhibit "B"); and (3rd) the provisions of the Contractor's Proposal (Exhibit "A").

1.3 Compliance with Law. Contractor shall comply at all times during the term of this Agreement with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable fair labor standards and Cal/ OSHA regulations and requirements. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of the Work and Services, including all Cal/OSHA regulations and requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with performing the Work and Services. If Contractor performs any Work or Services in violation of such laws, rules, and regulations, 2 1582247.1

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Contractor shall be solely responsible for all penalties and costs arising therefrom. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules, or regulations.

1.4 Licenses, Permits, Fees, and Assessments. Prior to performing any Services or Work hereunder, Contractor shall obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its trade and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement and any extension, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work and Services required by this Agreement, and Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to obtain such licenses, permits, and approvals of whatever nature that are legally required to perform the Work or Services.

1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants that it (a) has thoroughly investigated and considered the Scope of Work or Services to be performed, (b) has carefully considered how the Services should be performed and has carefully examined the location or locations at or with respect to where such Services or Work is to be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor represents and maintains that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1. 7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in Contractor's Proposal/Scope of Work (Exhibit "A") or to make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first 3 1582247.1

SAMPLE DRAFT MAINTENANCE SERVICES CONTRACT
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given by the City to the Contractor, incorporating therein any adjustment in (i) the Annual Maxirrmm Contract Amount, as defined below, and/or (ii) the time to perform this Agreement, which adjustments are subject to the written approval of the Contractor. It is expressly understood by Contractor that the provisions of this section shall not apply to the Work and Services specifically set forth in the Contractor's Proposal/Scope of Work or reasonably contemplated therein, regardless of whether the time or materials required to complete any Work or Services identified in the Contractor's Proposal/Scope of Work exceeds any time or material amounts or estimates provided therein.

1.9 Prevailing Wages. The City has determined that the Work and Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
1582247.1

1.9.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("City") and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.

1.9.2. Contractor shall be registered with the Department of Industrial Relations ("DIR") in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

1.9.3. Contractor agrees to comply with the provisions of California Labor Code Sections 1 771, 1 77 4 and 1 77 5 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at
(http://www.dir.ca.gov/OPRUDPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.

1.9.4. Pursuant to California Labor Code Section 1771.4, Contractor's services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor 4

1582247.1

SAMPLE DRAFT MAINTENANCE SERVICES CONTRACT
***SUBJECT TO CHANGE ON FINAL CONTRACT A WARD*·**
Commissioner in the manner prescribed by California Labor Code Section 1 771.4( a )(3) and (c)(2).

1.9.5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

1.9.6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

1.9.7. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)

1.9.8. Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

1.9.9. Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided 5

SAMPLE DRAFT MAINTENANCE SERVICES CONTRACT
***SUBJECT TO CHANGE ON FlNAL CONTRACT AWARD***
the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1 777.1 or 1 777.7 of the California Labor Code.

1.10 Water Quality Management and Compliance.

1.1 0.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during performance of the Services or Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid or proposal accordingly, and assumes any and all risks and liabilities associated with and arising therefrom.

1.10.2 Compliance with Water Quality Laws. Ordinances. and Regulations.

Contractor shall keep itself and any subcontractors, staff, agents, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by, the performance of the Services or Work, including, without limitation, all applicable provisions of: the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal. Water Code§ 1300 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local or state agency having jurisdiction over the location where the Services or Work are to be performed, conducted, or provided, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

1.10.3 Compliance with DAMP and LIP. In addition to compliance with the laws, ordinances, and regulations listed in subsection 1.1 0.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of Laguna Hills Local Implementation Plan ("LIP"), and the applicable Water Quality Management Plan ("WQMP"). Such documents contain the Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dryweather urban runoff, storm water runoff, and receiving water quality. Contractor hereby acknowledges and agrees to be familiar with the DAMP, the LIP, and the WQMP, and agrees to comply with the requirements specified therein.

1.1 0.4 Standard of Care. Contractor represents and warrants that all employees and subcontractors performing any Services or Work hereunder shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations, and policies described in Sections 1.1 0.2 and 1.1 0.3 of this Agreement. Contractor further represents and warrants that it, its employees and subcontractors will receive appropriate training regarding the requirements of the laws, regulations, and policies described in subsections

1.1 0.2 and 1.1 0.3 of this Agreement as they may relate to the Services.

1.1 0.5 Liability for Water Quality Non-Compliance.
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(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in subsections 1.10 .2 and 1.1 0. 3 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its elected and appointed officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in subsections 1.1 0.2 and 1.1 0.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole negligence, willful misconduct or active negligence of the City, its elected and appointed officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for delay in completing the Services caused by Contractor's failure to comply with the laws, regulations, and policies described in subsections 1.10.2 and 1.10.3 ofthis Agreement, or any other relevant water quality law, regulation, or policy.

1.11 Intentionally omitted.

1.12 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors, consultants, or vendors for services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement. Contractor further acknowledges that City may have its own employees perform services similar to the services that are the subject of this Agreement.

2. COMPENSATION

2.1 Maximum Contract Amount. For·the Services and Work rendered pursuant to this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation/Fees/Hourly Rates/Unit Prices set forth in Contractor's Proposal/Scope of Work, but not exceeding the total annual maximum contract amount of ($ .00) (hereinafter referred to as the "Annual Maximum Contract Amount"), except as may be provided pursuant to Section 1.8 above and Section 2.4 below. Compensation shall be payable according to the fees and at the rates, charges and unit prices· set forth in Exhibit "A" attached hereto. The maximum amount of City's payment obligation under this Agreement is the amount specified in this section.

2.2. Method of Payment. Unless some other method of payment is specified in the Contractor's Proposal/Scope of Work (Exhibit "A"), in any month in which Contractor wishes to receive payment, no later than the 1oth working day of such month, Contractor shall submit to the 7 1582247.1

SA!vfPLE DRAFT MAINTENANCE SERVICES CONTRACT
***S·UBJECT TO CHANGE ON FJNAL CONTRACT AWARD***
City, in a form approved by the Pty;~ Ein~c.e. I}ir(!¢~or, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Work or Services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt ofthe invoice or a soon thereafter as is reasonably practical.

2.3 Optional CPI Adjustment of Compensation/Fees/Billing Rate Schedule. The fees, rates and/or unit prices set forth in Contractor's Proposal/Scope of Work shall remain fixed and unchanged for the first two (2) years of the term of this Agreement (i.e., from July 1, 2021 through June 30, 2023). Thereafter, Contractor may submit a request to adjust its fees, rates and/or unit prices once per year during the remainder of the term of the Agreement as provided for herein.

However, approval of any request to adjust fees, rates and/or unit prices shall be made at the sole discretion of the City Manager, in writing, and is subject to the City's approved budget. Such fee, rate, and/or unit price adjustment(s), if any, shall not exceed the value of the change of the Consumer Price Index for the Los Angeles/Orange County area for the preceding one year as published for the month of April of any given year. In no event shall any adjustment of any fee, rate or unit price exceed five percent (5%) per year regardless ofCPI or any other cost factors.

2.4 Changes in Scope. In the event any change or changes in the Scope of Work or Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees for services. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional work or services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession.

2.5 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Laguna Hills City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is ofthe essence in the performance ofthis Agreement. The time for completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance set forth in Contractor's Proposal/Scope of Work (Exhibit "A'). ·

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services or Work within the time period(s) established in the Schedule of Performance set forth in Contractor's Proposal (Exhibit 'A'). When requested by Contractor, extensions to the time period(s) specified in the 8 1582247.1

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Schedule of Performance may be approved in writing by the Contract Officer; however, the City shall not be obligated to grant such an extension.

3.3 Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall commence upon the effective date of this Agreement and shall continue in full force and effect for a period of five (5) years, commencing on July 14, 2021 and ending on June 30, 2026 ("Initial Term"). The City shall have the unilateral option, at its sole discretion, to renew and extend the term of this Agreement for no more than one additional three (3) year term ("Renewal Option").

3.4 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Contractor, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this section.

3.5 Task Orders. Contractor hereby agrees and acknowledges that any and all Services or Work performed pursuant to this Agreement shall be based upon the prior issuance of a written project Task Order by the City. Furthermore, Contractor hereby agrees and acknowledges that execution of this Agreement by the City does not in any way guarantee that a Task Order will be issued to Contractor. Moreover, execution of this Agreement by the City shall not entitle Contractor to any form of payment or compensation from the City without City first having issued a project Task Order.

4. COORDINATION OF WORK

4.1 Representative of Contractor. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the Services to be performed under this Agreement and to make all decisions in connection therewith: (Name & Corporate Title). It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Work or Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated 9 1582247.1

SAMPLE DRAFT MAINTENANCE SERVICES CONTRACT
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by the City Manager of City, and is subject to change by the City Manager. It shall be the Contractor's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required without prior written consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, . neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation oflaw, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of City.

4.4 Independent Contractor.

4.4.1. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officials, officers, employees, agents and volunteers shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement.

Contractor, its officers, employees, or agents shall not maintain a permanent office or fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's officers, employees, representatives or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the performance of Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other 10 1582247.1

SAMPLE DRAFT MAINTENANCE SERVICES CONTRACT
***SUBJECT TO CHANGE ON FINAL CONTRACT AWARD***
similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

4.4.2. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

4.4.3. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with the performance of any Work or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of any Work or Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing any services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, representatives, subcontractors, or agents, Contractor shall defend, indemnify, and hold harmless City from and against all such financial obligations.

4.5 PERS Eligibility Indemnification.

4.5.1 In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Work or Services tinder this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employee Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.

4.5.2 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing any Work or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

5. INSURANCE

5.1 Compliance with Insurance Requirements. Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any Work or Services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor's existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. 11 1582247.1

SAMPLE DRAFT MAINTENANCE SERVICES CONTRACT
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5.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

5.2.1 Commercial General 'Liability Insurance. Contractor sh~ obtain and maintain"'. in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance written o·n an occurrence b~is with limits of at least two million dollars ($2,000,000.00) per occurrence, five million dQllars ($5,000 000.00) in the general ~gregate, and two million dollars ($2,000 000.00) for products and completed operations. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

5.2.2 Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance written on a per occurrence basis with limits of at least two million dollars ($2,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.

5.2.3 Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers' Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving all subrogation rights under its workers' compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subconsultants and subcontractors, if any, to do likewise under their workers' compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer's Liability Insurance written on a per occurrence basis with limits of ~t least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

5.3 Acceptabilitv of Insurers. Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted iJ;Isurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best's Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund. In the event the City determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.

5.4 Insurance Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor 12 1582247.1

SAMPLE DRAET MAINTENANCE SERVICES CONTRACT
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shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:

5.4.1 The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(A) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; apd
(B) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to "ongoing operations", (2) exclude "contractual liability", (3) restrict coverage to "sole" liability of Contractor, or ( 4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(C) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Consultant's failure to pay the insurance premium, the notice provided to City shall be by ten (1 0) days prior written notice.

5.4.2 For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for ongoing operations and completed operations to effectuate this requirement.

5.5 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

5.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

5.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
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