Cities Index.
2023-01-09_item_4.9_approve_contract_change_order_no._1_with_west_coast_arborist_inc._for_grid_c_pruning_maintenance

Lathrop City Council
January 9, 2023

Document
2023-01-09_item_4.9_approve_contract_change_order_no._1_with_west_coast_arborist_inc._for_grid_c_pruning_maintenance
Meeting
January 9, 2023
Body
Lathrop City Council
Pages
10
Original file
6.0 MB
Text extracted from the city's file for reading and search. Open the original on www.ci.lathrop.ca.us. That file is the official record.

CITY MANAGER' S REPORT
ITEM 4. 9
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 1
WITH WEST COAST ARBORISTS, INC. FOR

GRID C TREE PRUNING AND MAINTENANCE
RECOMMENDATION: Adopt Resolution Approving a Contract Change Order No. i with West Coast Arborists, Inc. for
Stonebridge Grid C Tree Pruning and
Maintenance
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
SUMMARY:

In October 2021, the City began a Tree Inventory Program to count and perform an assessment of each City- owned tree. The Tree Inventory Program categorized Cityowned trees into four grids, with each grid assessed and pruned every four years.

The Tree Inventory concluded in May of 2022. Grid A was scheduled in FY 21/ 22 and the pruning started in June of 2022. Grid A pruning was completed in November of 2022.

Grid C is currently scheduled for FY 22/ 23. The City' s contract with West Coast Arborists, Inc. has an amount not to exceed of $ 100, 000 per fiscal year. As a result of completing Grid A and commencing Grid C in the same fiscal year, the City would exceed the contract limit for FY 22/ 23. Therefore, the City is requesting City Council approve the proposed Contract Change Order allowing the contract amount not to exceed $ 200, 000 for fiscal year 22/ 23.

BACKGROUND:

In accordance with Lathrop Municipal Code 2. 36. 150, an RFP for Tree Maintenance Services was issued on September 23, 2020 and four ( 4) proposals were received.

After evaluating and ranking the proposals, West Coast Arborists Inc. was determined to be the lowest responsive and responsible bidder. On November 9, 2020, City Council awarded the Tree Maintenance Services Contract to West Coast Arborists, Inc. in the initial amount of $ 70, 000 for emergency and on- call requests for the maintenance of City- owned trees and $ 100, 00 for each of the next two fiscal years FY 21/ 22 and FY 22/ 23) ( Resolution 20- 4803).

In October 2021, the City entered into a, one- time, Professional Service Agreement with West Coast Arborists, Inc. in the amount not to exceed $ 60, 000 to create a Tree Inventory Program to count and perform an assessment of each City- owned tree.

The Tree Inventory Program resulted in the City- owned trees being divided into four grids, with each grid being assessed and pruned every four years, as outlined in the contract scope of work.

CITY MANAGER' S REPORT PAGE 2
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH WEST COAST ARBORISTS, INC.

FOR GRID C TREE PRUNING AND MAINTENANCE
The four grids are:

Grid A: Mossdale Area
Grid B: Stanford Crossing and Central Lathrop
Grid C: Stonebridge
Grid D: Historic Lathrop
Grid A, which consists of 1, 441 trees, was identified as having the most urgent need and therefore was selected as the first grid to receive maintenance. In addition to the maintenance, twenty tree stumps were identified in Grid A to be removed. The tree maintenance and stump removal in Grid A commenced in June 2022 and was completed in November 2022.

Grid C, which consists of 853 trees, was identified as having the second most urgent need of pruning and maintenance. In addition to the maintenance, seven trees were identified as needing to be removed along with thirty- three tree stumps.

Grid C is currently scheduled for FY 22/ 23. The City' s contract with West Coast Arborists, Inc. has an amount not to exceed of $ 100, 000 per fiscal year. As a result of completing Grid A and commencing Grid C in the same fiscal year, the City would exceed the contract limit for FY 22/ 23. Therefore, the City is requesting City Council approve the proposed Contract Change Order allowing the contract amount not to exceed $ 200, 000 for fiscal year 22/ 23.

Staff recommends City Council approve the proposed Contract Change Order in order to allow West Coast Arborists, Inc. to continue to perform the proposed scope of work of completing Grid C and on call services in FY 22/ 23.

RECOMMENDATION:

Adopt a Resolution Approving a Contract Change Order with West Coast Arborists, Inc. for Grid C Tree Pruning and Maintenance.

FISCAL IMPACT:

There is no fiscal. Funds are available in the FY 21/ 22 to FY 22/ 23.

CITY MANAGER' S REPORT PAGE 3
7ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH WEST COAST ARBORISTS, INC.

FOR GRID C TREE PRUNING AND MAINTENANCE
ATTACH M ENTS:

A. Resolution Approving a Contract Change Order with West Coast Arborists, Inc. for Grid C Tree Pruning and Maintenance
B. Map of Mossdale Grid A
C. Map of Stonebridge Grid C
D. Contract Change Order No. 1 with West Coast Arborists, Inc.

E. West Coast Arborists, Inc. Contract for Tree Maintenance Services and Resolution 20- 4803
F. West Coast Arborists, Inc. Professional Service Agreement for Citywide Tree Inventory
CITY MANAGER' S REPORT PAGE 4
ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH WEST COAST ARBORISTS, INC.

FOR GRID C TREE PRUNING AND MAINTENANCE
APPROVALS:
1• , 3
To d Sebastian Date
Director of Parks, Recreation
and Maintenance Services
I/ j/d'Oo. 3
Cari Ja s Date
Director f inance
ze . 3
Salvador Navarrete Date
City Attorney
lr' 1i
Step Salvatore Date
City Manager

ATTACHMENT A
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER NO. 1 WITH WEST COAST
ARBORISTS, INC. FOR GRID C TREE PRUNING AND MAINTENANCE WHEREAS, on November 9, 2020, City Council awarded a Tree Maintenance Service Contract to West Coast Arborists, Inc. for emergencies and on- call requests for the maintenance of City- owned trees Citywide; and
WHEREAS, the approved annual contract between the City of Lathrop and West Coast Arborists, Inc. is in the amount of $ 100, 000 per fiscal year for emergency and on- call requests; and
WHEREAS, in October 2021, West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement with the City to create a professional citywide Tree Inventory Program and Assessment Services; and WHEREAS, in 2022, West Coast Arborists, Inc. completed a Citywide Tree Maintenance Grid Prune Plan; and
WHEREAS, the Grid Prune Plan divided the City into four grids, Grid A, located in the Mossdale area; Grid B, located in Stanford Crossing and Central Lathrop; Grid C, located in Stonebridge; and Grid D, located in Historic Lathrop; and WHEREAS, Grid A was identified as having the most urgent need and therefore the location to begin the grid prune process with pruning 1, 441 trees throughout the Grid A Mossdale area, along with the removal of twenty tree stumps; and
WHEREAS, Grid C, with 853 trees, in Stonebridge is in the second most urgent need for the pruning and maintenance process to begin, along with the removal of seven trees and thirty- three tree stumps; and
WHEREAS, West Coast Arborists, Inc. has provided the City with a proposal to complete Grid C pruning in FY 22/ 23; and
WHEREAS, as a result if completing Grid A and commencing Grid C in the same fiscal year, a Change Order is needed to increase the FY 22/ 23 total by 100, 000; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Contract Change Order with West Coast Arborists, Inc. for $ 100, 000, bringing the total authorized contracted amount for FY 22/ 23 to 200, 000 to include Grid C pruning and maintenance in addition to citywide emergency and on- call requests.

A-fTACHMENT A
The foregoing resolution was passed and adopted this 9T" day of January 2023, by the following vote of:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
i .

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Prune Grid A - Mossdale

ATTACHMENT B
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Attachment D
CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND

MAINTENANCE CITY OF LATHROP
CONTRACT CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND MAINTENANCE Contractor: West Coast Arborists, Inc.

Address: 2200 E. Via Burton Street
Anaheim, CA 92806
Change Order Date January 2023
Contract Execution Date: November 9, 2020
Notice to Proceed Date: November 9, 2020
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and West Coast Arborists, Inc. dated November 9, 2020.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( 5) TO CONTRACT
FY 2022- 23 Increased Citywide Tree Pruning and Maintenance 100, 000 Citywide Tree Pruning and Maintenance( FY 2022- 23) 100, 000 ORIGINAL CONTRACT AMOUNT( ANNUAL) 100, 000
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( ANNUAL) 100, 000 REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 200, 000

END OF CHANGESJ
CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND

MAINTENANCE CITY OF LATHROP

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as the Notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND

MAINTENANCE CITY OF LATHROP
Recommended J, Z3 By:

Todd Sebastian Date
Director of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form: L
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen 1. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

Patrick Mahoney, President Date
West Coast Arborists, Inc.

Print Name and Title
WEST COAST ARBORISTS, INC. Exhibit A
3fiY5 E. Stevensnn Avenue Stocktan, CA 95205
2 9. 547. 0297 Phone 209. 547. 0385 Fax WCAINC. COM
PROFORMA FOR TREE MAINTENANCE SERViCES

CUSTOMER INFORMATION
Main Contact Billing Contact

LILY LILI DEBRA WHEALE

CITY OF LATHR P CITY OF LATHROP
2112 E. LOUISE AVE 2112 E. LOUISE AVE
LATHROP, CA 9533 LATHROP, CA 95330
209. 993.9386 IIiuC ci. lathrop. ca. us 209. 941. 7467 dwhealeL ci. lathrop. ca. us i •• 1 . .

Yes 69459 353570

JOB LOCATION
Grid C

SCOPE F WORK
Grid prune
I I 1
788.0 Grid Prune Each 90. 00 70,920. 00
I I 1 ' I II

COMMENTS
CA Contractors License 366764 Federal Taz ID: 95- 3250682 CA DIR Registratian IDOOOU0956 TIM P TTERSON fkR f Mf Nf R 20/ 12/ 22

ESTIMATED BY TITLE DATE

ACCEPTED BY TITLE DATE
Printed on: 10/ 12/ 2022 929: 08 AM Page 1 of 1
WEST COAST ARBDRISTS, INC.
3625 E. Stevensan Avenue Stacktan, CA 95205
ZD9. 547. 0297 Phone 209. 547. 0385 Fax WCAINC. COM

PROFORMA FOR TREE MAINTENANCE SERVICES

CUSTOMER INFORMATIDN
Main Cantact Billing Contact
LIIY llll DEBRA WHEALE

CITY OF LATHROP CITY OF LATHROP
2112 E. LOUISE AVE 2112 E. LOUISE AVE
LATHR P, CA 95330 LATHR P, CA 95330
209.993. 9386 IIiuLci. lathrop. ca. us 209. 941. 7467 dwhealeC ci. lathrop. ca. us I . .

Yes 353570

JOB LOCATI N
Grid C

SCOPE OF WORK
Tree and stump removal of( 7) trees identified as potential high risk. Stump only removal of( 33) identified stumps.

I 1 1

30. 00 Stump Grinder Hour 2. 80 624.00
150. 00 Laborer- scheduled Man Hour 62.40 9, 360. U0

60. 00 foreman - scheduled Man Hour 72. 80 4,368.00

30. OU Brush Chipper Haur 10. 40 312. 00

60. 00 Pickup Truck Hour 31. 20 1, 872. 00

30.00 Bucket Truck Hour 31. 20 936. 00

30. 00 Dump Truck Hour 31. 20 936. 00

30.00 Rolloff/ Loader Hour 52. 00 1. 560. 0
Tree Stump Removal Backup Each 0. 00 0. 00
Stump Only Removal Backup Each 0. 00 0. 00
I I

COMMENTS
Printed on: 10/ 12/ 2022 10: 12: 03 AM Page 1 of 2
WEST COAST ARBDRISTS, INC.
3625 E. Stevenson Avenue Stockton. CA 95205
209. 547.0297 Phone 209.547.0385 Fax WCAINC. COM

PROFORMA FOR TREE MAINTENANCE SERVICES
CA Contractors License 366764 Federal Tax ID: 95- 3250682 CA DIR Registration 1000000956 TIM Pf TT RSON 4RE. 4 Mf Nf R 10/ 12/ 22

ESTIMATED BY TITLE DATE

ACCEPTED BY TITLE DATE
Printed on: 10/ 12/ 2022 10: 12: 03 AM Page 2 of 2

CERTIFICATE OF LIABILITY INSURANCE

DATE( MM/ DDM( YY)
ACORD osiaoi2o22
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES p
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED = REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 0° IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this w certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PflODUCER CONTACT
AO11 Risk Insurance 52I' VlC2S WeSt, InC. p E FAX
Los An el es CA Offi ce
NC. No. Ext): 866) 283- 7122
ac. No.: <
800) 363- 0105 d0
707 wi shi re aoul evard E- MAIL
Suite 2600 ADDRESS:

Los Angeles CA 90017- 0460 USA
INSURER( S) AFFORDING COVERAGE NAIC#
INSURED INSURERA: NdVIJdtOfS Specialty Insurance Company 36056 west Coast a,rborists, inc.
u suReAe: 5tarr Indemnity & iability Company 38318
220 E Via eurton
Anaheim CA 92806 USA ir+suReRe: Starr Specialty Insurance Company 16109 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570094282139 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE p yyyp POLICY NUMBER MM/DD/YY MM/ DD/ YYYY LIMRS X COMMERCIAL GEt ffRAL LIABILRV EACH OCCURRENCE S?, 000, OOO CLAIMS- MADE X OCCUR S1, OOO, 000
PREMISES Ea occurrence
MED EXP( Any one person) S 5, 000
PERSONAL& ADV INJURY 2, OOO, O00
GEN' LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE S4, OOO, OOO POLICY X PE LOC PRODUCTS- COMP/OPAGG E4, UOO, OOO
OTHER: o
n
B AUTOMOBILE LIABILRY Y 1000198198221 07/ Ol/ 2022 07/ Ol/ 2023 COMBINED SINGLE LIMIT 2, OOO, OOO E i n X ANY AUTO BODILV INJURY( Per person) Z
OWNED SCHEDULED BODILY INJURY( Per accident) y

AUTOS ONLY AUTOS

HIREDAUTOS NON- OWNED PROPERTYDAMAGE V
ONLV AUTOS ONLY Per accident
d
A
UMBRELLALIAB X OCCUR SE22EXCZOS9NKIC 07 Ol 2022 07 Ql 2023 EACHOCCURRENCE SS, 000, 000 V

X EXCESSLIAB CLAIMS- MADE AGGREGATE SS, OOO, OOO

DED RETENTION
C WORKERSCOMPENSATIONAND lOOOOO421$ 07 Ol 2022 07 Ol 2023 X PERSTATUTE OTHEMPLOYERS' LIABILRY ER
viN workers Comp cn
ANV PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT SZ OOO OOO OFFICER/ MEMBEREXCLUDED? N/ A $ IR applies per policy ter 5 & COfIC I 1Of15 Mandatory In NFq E. L. DISEASE- EA EMPLOYEE El, 000, 000 It yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT bl, 000, 000— DESCRIPTION OF OPERA710NS/ LOCATIONS/ VEHICLES( ACORD 101, Addkbnal Remarks Schatlule, mey be attached if more space Is requlred) ity of Lathrop its Council members, directors, officers, agents and employees are included as ndditional insured in accordance with the policy provisions of the General iability and Automobile iability policies. General iability and automobile iability policies evidenced herein are Primary and Non- Contributory to other insurance available to an additional ._ insured, but only in accordance with the policy' s provisions. /+ Waiver of Subrogation is granted in favor of City of athrop, its Council members, directors, officers, a ents and employees in accordance with the policy provisions of the General iability, Automobile iability and workers Compensation policies. Excess iability follows form over the General iability, nutomobile Liability and Employers iability policies.

CERTIFICATE HOLDER CANCELLATION
J

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATtON DATE TXEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE POLICY PROVISIONS.

Cl ty Of Ldthf' Op AUTHORI2ED REPRESENTATIVE
390 Towne Centre Drive
Lathrop cA 95330 USA
001988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000083713
LOC#:
4 ADDITIONAL REMARKS SCHEDULE Page _ of _

AGENCY NAMEDINSURED
Aon Risk Insurance Services west, Inc. west Coast Arborists, inc.

POLICV NUMBER
See Certificate Number: 570094282139

CARRIER NAIC CODE
see Certificate Number: 570094282139 EFFECTIVEDATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER( S) AFFORDING COVERAGE NAIC#

INSURER

INSURER

INSURER

INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the conesponding policy on the ACORD certificate form for policy limits.

INSR

POLICY POLICY

ADDL SUBR POLICY NUMBER LIMITS

LTR TYPEOFINSURANCE INSD WVD

EFFECTIVE EXPIRATION

DATE DATE

MM/ DD/YYYY) ( MM/ DD/YYYY)

WORKERS COMPENSATION
B N/ A 1000004229 07/ O1/ 2022 07/ O1/ 2023
Workers Comp Az
SIR applies per policy te ms & condit ons
ACORD 101( 2008101) 2008 ACORD CORPORA710N. All rights reserved.

The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 1000100141221 COMMERCIAL GENERAL LIABILITY Effective: 07/ 01/ 2022 CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or
Organization( s): Location( s) Of Covered Operations
Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person( s) or equipment furnished in connection with such organization( s) shown in the Schedule, but only work, on the project ( other than service, with respect to liability for " bodily injury", " property maintenance or repairs) to be performed by or damage" or " personal and advertising injury" on behalf of the additional insured( s) at the caused, in whole or in part, by: location of the covered operations has been

1. Your acts or omissions; or
completed; or

2. The acts or omissions of those acting on your
2• That portion of " your work" out of which the
behalf; injury or damage arises has been put to its
in the performance of your ongoing operations for
intended use by any person or organization
the additional insured( s) at the location( s)
other than another contractor or subcontractor
designated above.
engaged in performing operations for a
principal as a part of the same project.

However:

1. The insurance afforded to such additional
C. With respect to the insurance afforded to these
insured only applies to the extent permitted by
additional insureds, the following is added to
law; and
Section III— Limits Of Insurance:

2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will pay on behalf of the additional insured is the will not be broader than that which you are amount of insurance:
required by the contract or agreement to 1. Required by the contract or agreement; or provide for such additional insured.

2. Available under the applicable Limits of
B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to " bodily injury" or applicable Limits of Insurance shown in the properry damage" occurring after: Declarations.

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 1000100141221 COMMERCIAL GENERAL LIABILITY Effective: 07/ 01/ 2022 CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or Location And Description Of Completed Or anization s : O erations
Where Required By Written Contract Where Required By Written Contract Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

A. Section 11 — Who Is An Insured is amended to required by the contract or agreement to include as an additional insured the person( s) or provide for such additional insured. organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or B. With respect to the insurance afforded to these property damage" caused, in whole or in part, by additional insureds, the following is added to your work" at the location designated and Section III— Limits Of Insurance:
described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement, the most we in the" products- completed operations hazard". will pay on behalf of the additional insured is the However: amount of insurance:

1. The insurance afforded to such additional 1. Required by the contract or agreement; or insured only applies to the extent permitted by 2, Available under the applicable Limits of law; and Insurance shown in the Declarations;

2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the
insurance afforded to such additional insured This endorsement shall not increase the applicable will not be broader than that which you are
Limits of Insurance shown in the Declarations.

CG 20 37 04 13 O Insurance Senrices Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 1000198198221 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person( s) or organization( s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: West Coast Arborists, Inc.

Endorsement Effective Date: 07/ 01/ 2022

SCHEDULE
Name Of Person( s) Or Organization( s):

Where required by written contract
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an" insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section 1 — Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 1 Starr Indemnity & Liability Company
Dallas, TX 1- 866- 519- 2522

THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
Policy Number: 1000198198221 Effective Date: 07/ 01/ 2022 at 12: 01 A. M.

Named Insured: West Coast Arborists, Inc.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add:

However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an " accidenY' or" loss" if:
1) The" accident" or" loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and 2) The contract or agreement was entered into prior to any " accident" or " loss".

No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee.

All other terms, conditions and exclusions of the policy shall remain unchanged.

Signed for STARR INDEMNITY& LIABILITY COMPANY
a°. 9

11. Steve Blakey, President Nehemiah E. Ginsburg, Genera ounsel SICA 1020( 03/ 12) Page 1 of 1
Copyright O C. V. Starr 8 Company and Starr Indemnity& Liability Company. All rights reserved.

Includes copyrighted material of ISO Properties, Inc., used with its permission.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 04- 84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2• of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Any person or organization to whom you become obligated to waive Where required by contract your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

The information below is required ony when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/ 01/ 2022 Policy No.: 100 0004228 Endorsement No.:

Insured: West Coast Arborists, Inc. Premium:

Insurance Company: Starr Specialty& Liability COmpany Countersigned by; WC 04 03 06
Ed. 04- 84) Page 1 of 1
ATTACHMENT E Y: v. i' Ir..

It/ Of
Office of tl:e Cit Mr nnger 390 Towne Centre Dr.- Lathrop, CA 95330 Phone( 209) 941- 7220- fax( 209) 941- 7248
w n. Ci. lathroU. Ca. u.s

NOTICE T( PROCEED
Vl est Coast Arborists, Inc.

Patrick Mahoney, President
220 E. Via Burton Street
Anaheim, CA 92806
Sent via emc i! £ originnt niailed: mn{io rei iiUClilI1C. 00I) 1 Dear Mr. Mahoney,
This is to in#orm you that on November 9, 2020, the City Council of the City of Lathrop authorized the City Manager to award the Contract for Tree Maintenance 5ervices to West Coast Arborists, Inc.

This is your Notice to Proceed to the Contract dated November 9, 2020 for Tree Maintenance Services.

Should you have any questions regarding this project, please contact Michael King, the staff inember directly involved with this proje t, at { 209) 941- 7220.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File

CONTRACT FOR TREE MAINTENANCE SERVICES
BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC.

This Contract, dated November 9, 2020, is entered into by and between the City of Lathrop, a municipal c orporation of the State of California { City), and West Coast Arborists Inc., Contractor), whose Taxpayer ldent catio Number is q5 3 5 O( D$ o For and in consideration of the following cavenants, terms and conditions, City and Contractor( the parties) agree:

1. Term. This Contract shall commence on, and be binding on #he parties on, the date of execution of this Contract, and shall expire on June 30, 2021, subject to the earlier termination of this Contract. This contract may be extended by the Ciry Manage for up to two ( 2) additional consecutive years after the initial contract period in one ( 1) year increments at a total amount maximum of$ 100, 000 per year at the same rates as provided by Contractor in Exhibit A. The City shall notify the Contractor in writing of the intent to extend the contract by June 1 of the current contract year.

2. General Sc one of Proiect and Woric. The work ta be performed is described in the Ci of Lathroo Reauest for Pr000sal for Tree Maintenance Services Project). Contractor shall fumish labor, services, materials and equipment in connection with the performance of the described Tree Maintenance and o mplete the Woiic in accordanc e with the covenants, terms and conditions of this Contract to the satisfaction of the City. The Woiic shall be complete, and all appu tenant work, materials, and services not expressly shown or called for in the Proposal Documents which may be necessary for the complete and proper performance of the Tree Maintenancs in good faith shall be performed, fumished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the rates and provisions contained in these Documents and those submitted in the Contractor' s proposal.

Work to be dete mined and may be but Is not required to be assigned by the City on an as- needed basis. paid at the rates provided by the Contractor in Exhibit A, and up to a Not-to-Exceed Total Amount of:
570.000( Seventv Thousand Dollarsl

3. Documents. No Amount of work or payment is gua anteed by this wntract. This Co tract shall include the Citv of Lathro Reauest for Pronosal fo Tree Maintenance Services Project) which is on fils with the Public Works Department and is hereby incorporated by reference( i.e. RFP, certi ication of insurance) and the Proposal submitted by West Coast Arborists on October 5, 2020, attached as Exhibit A. For the purposes of construing, interpreting and resolving inconsistencies beiw en the provisions of this Contract, these documents and tt e provisions thereof are set forth in the following order of precedence:

Contract, RFP, Contractors P oposal.

4. Comoensation. In consideration of Contractor' s performance of its obligations hereunder, Cit r shall pay to Contractor at the rates set forth in the Contractors Submitted Cost Proposal Rate Schedules in accordanc with the provisions of this Contract and upon the receipt of written invoicss and all necessary supporting documentation within the time set fo th in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not inciuded in the approved scope of worlc, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any wo lc.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section Vill of the RFP on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any pers n performing labor or services or supplying materials or equipment under the Project.

Contractor shall fumish City with tf certificates of insurance and with original endorsemeMs affecting coverage required under this Contract on or before the Date of Execution. The ce t cates and endorsements for each insurance policy shall be signed by a pe n who is authorized by that insurer to bind coverage on its behalf. Proof of insurance shail be mailed to the Project Manager to the address set forth in Section 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, of ic8rs, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the wiliful or negligent act or omission of Contractor, or which results ftom Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contracto' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the perFormance of or failure to perfoRn the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, o icers, employees. This indemn cation shall extend to any and ail claims, demands, or liens made or fiied by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time du ing the term of this Contract, or arising thereafter.

7. Assum tion of Risk. Contraetor agress to voluntarily assume any and all risk of loss, damage, or injury to the prope ty of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operete as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive ar to lessen the right of City to insist upon the performance of Contractor in st ict compliance with the covenants, tenns and conditions of this Contract.

Page 2 of 9 ends

9. Comnliance wi#h_Laws. Contractor shall comply with ail Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any fire underwriters or other similar bociy now or hereafter vonstituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of aH recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

10. nds. Not Applicable to this Contract.

11. Re resentations and Warranties. In the supply of any materials and equipment and the rendering of labor and services du ing the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor,
2) Any materials and equipmeM which shall be used during the course and scope of the Project and Work shali be merchantabie and frt to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in wo icmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder,
4) Any manufacturer's warranty obtained by Contracto shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted ar made available to the City; 6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contracto s Bid, except as may be permitted by the Notice to Contractors;
7} Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duy authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and perFormed pursuant to the pow er and authority confe red upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;

Page 3 of 9 ends

9) There a e no unresolved claims or disputes between Contractor and City which would materially affect Contractor's ability to perform under the Contract; 10) Contractor has fumished and wiU fumish true and accurate statements, records, repo ts, resolutions, certifications, and other written info rnation as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contrector and any person pe Forming labor and services under this Project is duly licensed as a contractor with the State of Californfa as required by Calffomia Business 8 Professional Code Section 7028, as amended; and 12) Con or has fully examined and inspected the Project sites and assets proposed for maintenance ( assets) and has full knowledge of the physical conditions of the Project sites and assets.

12. Assi4nment. This Contract and the performance required hereunder is personai to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additionai charges. or delays within the Contract Time o other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits bv Citv. During the term of this Contract and for a period of not less than three( 3) years after the expiration or ea lier termination of this Contract, City shall have the right to audit Contractor's Project-related and Work-related writings and business records, as such terms are defined in Califomia Evidence Code Sections 25U and 1271, as amended, during the regular business hours of Contractor, or, ff Contractor has no such hours, during the regular business hours of City.

15. Notices. Ali contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shali be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, p ostage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during re ular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in acxordance with 1), ( 2) or( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Cleric
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: ( 209) 941- 7449

Page 4 of 9 ends

Copy To: Public Works Director
390 Towne Centre Drive
Lathrop, CA 95330
To Contractor: West Coast Arborists
2200 E. Va Burton Street
Anaheim, CA 92806
Phone: 714) 991. 1900
Fax: 714) 956.3745
ATTN: c#or Gonzalez

16. Miscelianeous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contracto.
2) Consent. Wheneve in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be govemed and constn.ied by and in accordance with the Laws of the State of Califomia. 4) Definitions. The definitions and terms are as defined in these specifications. 5) For ce Majeu e. Neither party shall be deemed to be in default on a000unt of any delay or failure to pe form its obligations under this Contract, which directly results from an Act of God o an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. Ail documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract befin een the panies conceming the Project and WoNc, and there a e no other prior oral or v rritten contracts beM een the parties that are not incorporated in this Contract.
9} Modification of Contract. This Contract shall not be mod ed or be binding upon the parties unless such mod cation is agreed to in writing and signed by the parties.

Page 5 of 9 ends

10) Provision. Any contract, c ovenant, candition, clause, quatificati n, restriction, eservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the perFormance required or permitted or to be required of o permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Corrtractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12} Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in fuli force and effect.
13) Status of Contracto. In the exercise of rights and obligations under this Contract, Contrador acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitied to any rights and benefitas accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is ta be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be perf'ormed falis on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastem District of Califomia.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Corrtract, including the enforcement of the indernnity provision{ s), may recover its reasonable costs, including reasonable attomey's fees, incurred or expended in connection with such action against the non- prevailing party.
18) Cflntractor and subcantractors must compty with all applicable standards, orders, or requi ements issued under Section 306 of the Clean Air Act( 42 USC 1857( h)), Section 508 of the Clean Water Act( 33 USC1368), Executive Order 11738, and Environmental Protection qency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must c mply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).

Page6of9
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If du ing the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City wili issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construdion to avoid the find, shall be determined in aocflrdance with changed conditions or change order provisions of the Constniction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall eceive a written " Notice to Proceed° f om CITY. A Nptice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represerrt and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legai entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of Califomia Labor Code§ 1700 and following, and prevailing wages shall be paid for work perfonned on this project.
25) The statutory provisions for penalties for failing to comply with the State of Califomia wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

LIST OF EXHIBITS:

A: CONTRACTOR' S SUBMITTED PROPOSAL, INCLUDING:
i. CONTRACTOR' S SUBMITTED COST PROPOSAL SCHEDULES A, B, C, D and E
ii. CONTRACTOR' S SUBMITTED QUA IFICATIONS AND EXPERIENCE

STATEMENT
B: CONTRACTOR' S SUBMITTED WORKERS COMPENSATION CERTIFICA710N Certification ofinsurance and worker' s compensation cerh;ficarion shall befurnished to the City by the Contractor after City Council's approval with resolutiorr.

Page 7 of 9 ends

Approved as to Form: City of Lathrop
City Attome
i/ Z/ 2v
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
4!- Z- Zoo2p
Michael King Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Z • tOZG
en J. Salvatore Date
City Manager
Contractor: West Coast Arborists, Inc.
220 E. a Burton Street
Anaheim, CA 92806
Fed ID # 5- 250682
Lathrop s n s ' cens
11/ 12/ 2020
Signatu Date
Patrick Mahoney, President
Print Name and Title

Page 8 of 9 ends

RESOLUTION NO. 2- 4803

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A CONTRACT TO WEST COAST ARBORISTS FOR TREE

MAINTENANCE SERVICES
WHEREAS, the City does nat have the proper equipment nor trained personnel to maintain the heafth and structure of City- owned trees aver 25' in height; and WHEREAS, a licensed professional tree service company and a Certified Arborist are needed to provide maintenance services and professional recommendations for City- owned street and park trees over 25' in height and respond to emergencies involving City- owned trees; and
WHEREAS, in accordance with Lathrop Municipal Code 2. 36. 150, a Request for Proposal ( RFP) for Specialized Tree Maintenance Services was issued on September 23, 2020 and 4 proposals were received on October 5, 2020; and WHEREAS, after evaluating and ranking the proposals, West Coast Arborists was dete mined to be the best qualified firm; and
WHEREAS, the initial term of the Contract is from November 9, 2020 to June 30, 2021, and Council may authorize the City Manager to extend the Contract for up to two ( 2) additional one- year terms; and
WHEREAS, the Contract establishes hourly labor and equipment rates based on West Coast Arborists' submitted cost proposal rate schedules for scheduled tree maintenance, in order to reduce administrative time and operations and maintenance costs to procure these services; and
WHEREAS, the Contract establishes hourly labor and equipment rates based on West Coast Arborists' submitted cost proposal rate schedules for unscheduled and emergency tree maintenance services that may be equired; and WHEREAS, the Contract establishes a Not- To- Exceed ( NTE) amount of 70, 000 for the first term of November 9, 2020 to June 30, 2021; and WHEREAS, staff requests City Council approve a Contract with West Coast Arborists to provide Tree Maintenance Services for the term of November 9, 2020 to une 30, 2021 at a NTE amount of$ 70, 000 and authorize the City Manager to extend the contract for up to two ( 2) additional consecutive years after the initial contract period in one ( 1) year increments at a total amount maximum af $100, 000 per year; subject to City Council approval of budget allocation; and WHEREAS, sufficient funds were allocated for this work to each Community Facilities District in the FY 2020- 21 Budget.

Resolution No. 20- 4803
NOW, THEFtEFORE, BE IT RESOLVED, that the City Council of the City of Lathr p hereby approves a Contract with West Coast Arborists for Tree Maintenance Services for a NTE amount of $ 70, 000 for the term of November 9, 2020 to June 30, 2021 and authorizes the City Manager to extend the contract for up to two 2) additional one- year terms at a NTE amaunt of$ 100, 000 per term, subject to City Council budget approval.

The foregoing resolution was passed and adopted this 9t" day of November 2020, by the following vote of the City Council, to wit:

AYES: Akinjo, Lazard, Salcedo, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSENT: None
ABSTAIN: None
S y Dh iwal, yor
ATTEST: ARPROVED AS TO FORM:

T resa Vargas, City rk Salvador Navarrete, City Attorney Resolution No. 20- 4803
i.,
Y.

ATTACHMENT F
City of
Of ice of the City Manager 390 Towne Centre Dr. - Lathrop, CA 95330 Phone( 209) 941- 7220- fax( 209) 941- 7248
www. ci.lathrop. ca. us

NOTICE TO PROCEED
West Coast Arborists, Inc.

Patrick Mahoney, President
220 E. Via Burton Street
Anahiem, CA 92806
Dear Mr. Mahoney:

Enclosed please find your original executed agreement to provide Professional Citywide Tree Inventory and Assessment Services. This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding this project, please contact Zach Jones at (209) 941- 7385, the staff inember directly involved with this project.

Sincerely,
y -'".
r'
Stephen J. Saivatore
Cify Manager
Copy: Teresa Vargas, City Clerk
Project File

CITY OF LATHROP

AGREEMENT FOR PROFESSIONAL CITY-WIDE TREE INVENTORY AND ASSESSMENT SERVICES WITH WEST COAST ARBORISTS, INC.

CITY-WIDE TREE INVENTORY
THIS AGREEMENT, dated for convenience this nday of October, 2021, is by and between West Coast Arborists, inc. CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform City-Wide Tree Inventory and Assessment, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such City-Wide Tree Inventory and Assessment, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scoae of Service
CONSULTANT agrees to perform City-W ide Tree Inventory and Assessment in accordance with the scope of work and fee proposal provided by CONSULTANT, attached he eto as Attachment " A" at locations provided in Attachment " B" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently pertorm these services in accordance with the upmost standards of its profession and to CITY'S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment af additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum of$ 4.00 per location not to exceed a total of$ 60,000, for the City-W ide Tree Inventory and Assessment set forth in Attachment" A" at City owned locations provided in Attachment " B". CONSULTANT shall be paid any uncontested sum due and payable within thirty( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Attachment " A", unless a written change order or authori2ation describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.

Page 1 of 10 ends

CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY-WIDE TREE INVENTORY AND ASSESSMENT
3) Effective Date and Term
The effective date vf this Agreement is October ZI , 2021, and it shall terminate no later than June 30, 2022.
4j Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractflr and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Attachment " A" at locations included in At#achment " B" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs
CONSULTANT shall submit invoices for completed worlc on a monthly basis, or as otherwise agreed, providing without limitation, details as to amountof hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amou ts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Renortins
CONSULTANT shall provide the CITY with timely reports, orally or in wrifing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor ihe performance of this Agreement.

CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Aud( tinq
CITY reserves the right to periodically audit all charges made by CO JSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees#o furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONSUL.TANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during norma! business hours for the purpose of interviewing employees and inspecting and copying such books,

Page 2 of 10 ends

CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORiSTS FOR CITY-WIDE TREE INVENTORY AND ASSESSMENT
records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years after finai payment under this agreement.
8) Assiqnn ent vf Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Patrlck Maho ey, President. CITY shatl be notified by CONSULTANT of any change of its Autharized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY's sole discretior, and shall be notified by CONSULTANT of any changes of CONSULTANTs project staff prior to any change.

CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 9) Assi nment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and campetence of CONSULTANT.

Neither this Agreement nor any interest therein may be assigned by CONSULT NT without the prior written approval of CITY' S authoriied representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
10) Insurance
On or before beginning any of the services or work callsd for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections( a) through( c) below with insurers and unde forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontrac# until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Comnensation. CONSULTANT shall, at C NSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Emplayer's liability Insuran e for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars {$ 1, 000, 000). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is

Page 3 of 10 ends

CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST C AST ARBORISTS FOR CiTY-WIDE TREE INVENTORY AND ASSESSMENT
provided, or the CONSULTANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work pertormed under this Agreement.
b) Commercial General and Automobile Liabilitv Insura ce. CONSULTANT, at CONSULTANT'S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not iess than one million dollars ($ 1, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial Gene al Liabiliry Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA Q01 ( ed. 12/ 90) Code 1 ( any auto).

Each of the follawing shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider's general supervision of CONSULTANT; products and completed operations of COf SULTANT; premises owned, occupied or used by CONSU TANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence vr an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon #o contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and valunteers.
v) Insurance is to be placed with California-admitted insurers with a BesYs rating of no less than A: VII.
vij Notice of cancellation or non- renewal must be received by CITY at

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CITY OF LATHROP — PRQFESSIONAL SERVICES AGREEMENT WITH WEST CCJAST ARBORiSTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
least thirty days prior to such change.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by ihis Agreement professional liability insurance for licensed professionals pertorming work pursuant to this Agreement in an amount not less than Two Miliion Dollars($ 2,000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed $ 150, OOU per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy. iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.

2. Insurance must be maintained and evidence of insurance must be provided for at least five years after complebon of the Agreement or the work, so Iong as commercially available at reasonable rates.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion af the Agreement or the work.

The CITY shall have the right to exercise at the
CONSULTANT' S cost, any extended reporting provisions of the policy should the CONSU TANT cancel or not renew the coverage.

4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibfes and Self- Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorizatian of the CtTY's authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY's authorized representative may condition approval of an increase in deductible o self-insured retention levels upon a requi ement that CONSU TANT procure a bond guaranteeing payment of losses and related investigations,

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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice af Reduction in Coveraqe. in the event that any coverage required under subsections( a), (b), or( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT'S earliest possibie apportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies C1TY may have if CONSULTANT fails to provide or maintain any insurance poticies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with tne requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, howeve, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
11) Indemnification - CONSULTANT' S Resqonsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) C NSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and (c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professiona! responsibility for the work perfprmed.

It is further understood and agreed that GONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.

CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any feder2 l, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negiigent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Page fi of 10
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shatl have been determined to be applicable to any of such damages or claims for damages, 12) Licenses
1f a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its emplayees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of senrices under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten { 10) calendar days.
15) Fundina
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the approp ations limits of Article XIII ( B) of the California Constitution and that the Council may de#ermine not to fund this agreement in subsequent years.
16) Notices
A11 contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other pariy if( 1) personally served, ( 2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below dt ring regular business hours of the receiving parry and followed with #wo (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal senrice shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre
Lath op, CA 95330

Page 7 of 10 ends

CITY OF LATHROP — PROFESSIQNAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS FOR CITY- WlDE TREE INVENTORY AND ASSESSMENT
MAIN: 209) 941- 7430
FAX: ( 209) 941- 7449
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
To Consultant: West Coast Arborists, Inc.

Arbor Access
220 E. Via Burton Street
Anaheim, CA 92806
Phone: ( 714) 991- 1900
Fax: 714) 956- 3745
Atm: Victor Gonzalez
17) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express au#hority to grant such approval or consent. b) Contract Terms Prevail. All Attachments and this Agreement are intended to be construed as a single document. Should any inconsistency occur beriueen the specific terms of this Agreement and attached Attachments, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance wi#h the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay r failure to pertorm its obligations under this Agreement, which directly results from an Act of God or an act of a superior govemmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shal! have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. Ali documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. h) Integration. This Agreement and any arnendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

Page S of 10
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
i) Modification of Agreement. This Agreement shali not be modified or be binding upon the parties unless such modification is agreed to in writing and signed bythe parties. j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or n t in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shail define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. A11 provisions, whether covenants or conditions, shall be deemed to be both covenanis and conditions.

I) Severabili#y. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any ather provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits. n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed sha11 be computed by excluding#he first Day and including ihe last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day obsenred as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
q) Recovery of Costs. The prevailing party in any action brought# o enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or e ended in connection with such action against the non-prevailing party.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written

Page 9 of 10 ends

CITY OF LATHROP - PROFESSiONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute# his Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shali inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Approved as to Form: City of athrop
City Attorney
0- 3 •L..v1. r
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Parks, Recreation and Maintenance Services
io 9 . u2 I
Zachary e Date
Director
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
d• Zl• z
St J. Salvatore Date
City Manager
Consultant: West Coast Arborists, Inc.
220 E. Via Burton Street
Anaheim, CA 92806
Fed ID # 9. 50 82
Business Li e e 41728
Signature Date
Patrick Mahoneya President
Print Name and Title

Page 10 of 10 ends

ATTACHMENT A
City of Lathrop Citywide Tree Inven#ory, Assessment, and Data Integration Scope of Services

1. The intent of these specifications is to outline the minimum requirements of a comprehensive tree inventory and assessment for the City of Lathrop which wiil include a complete, computerized inventory of ail City trees on public prope ty and within the right-of-way along City streets. Contractor must perform a11 tasks required for this inventory project; no subcontractors, students, or interns shal! be utilized.

2. Data shail be collected according to geographical districts of the City in order to maximize data coUection efficiency. For the purpose of completing this City wide tree inventory the City will make the following information available, unless otherwise indicated:
a. City Tree Maps with Street Data
b. Easement Maps
c. Grid Maps
d. Information pertaining to City' s GIS System
e. Known existing street tree data sets

3. The Contractor shall submit to the City the data collected and the Ciry shall analyze the data collected and verify the accuracy of the data. The data accuracy shall be no less than 909'0 accurate of the I cation( within 1 meter), no less than 909'o accurate for the tree species, number of stems, and diameter at breast height 106H). If the data accuraty does not meet those percentages, the data will be voided and recollected at the Contractors expense.

4. Data shall be collected and delivered in a format compatible with SERI GIS( eg: file geodatabase).

This inventory must locate, identify, and assess each tree and provide maintenance date as well as the inventory collection attributes identified below. Delivery shall include metadata for each eld, as wetl as metadata for the entire dataset. Each tree shall have a unique identifier which will be recorded within the Arbor Access program as part of the agreement with the Contractor. a. Tree Inventory Collection Attributes
District- district, zone, LMD, assessment area based on maps, 5ites, etc.

Address— fr ntage address number
5treet— frontage address street name
Fictitious— indicates assigned address if no address visible On Street— street where the tree is located, for Side( cornerj trees Side— front, side, median, park, sub- street median, parking lot, slope Tree— tree number at address
Botanical name— genus+ species
Common name— common name of tree
Exact DBH--" diameter at breast height", i. e., 4. 5' above ground, measured in inches Height— in 15' ranges i. e. 1- 15, 16- 30, 31- 45, 45- 60, > 60 Removal Priority— Immediate or Routine

ATTACHMENT A
Parkway Type- Tree Well, Parkway, Open{ undefined), Median, etc Parkway Size— smallest dimension to nearest whole foot
Utility—Yes/ No presence of voitage carrying wires overhead Condition- health of tree at time of collection i. e. Good, Fair, Poor Stems-# of trunks/ stems
GPS Coardinates- sub meter accuraty using Trimble devices and data correction Maintenance— i. e. Grid/ Routine Trim, Plant, Patrol- Diseased/ declining( high priority trim for trees with problems that aren' t removals), Trirn- Poorly structures( high priority trim for trees with problems that aren' t removals), Removal— Diseased/ declining, Removal— Dead, Removal— Structure, etc.

Tree Health Concern— for trees marked as Patrol- Diseased/ Declining or Removal, Diseased/ Declining, the most obvious problem, if it can be discerned i. e. Drought Stress, Leaf-sucicing Insects, Borers, Foliar Disease, etc.

P esence of Mistletoe: Yes/ No
Presence of Irrigation: Yes/ No
Boom Truck Accessible: Yes/ No
Canopy Lower 10 ft: Yes/ No
Accessibility Issues:( if any i. e. advance notice, need key, etc.) Vacant Site Criteria: ( where to collect vacant sites( potential tree planting locations) i. e. follow existing spacing, every 15 ft, etc. Vacant site criteria can vary by median, park, parkway, etc.)
Adjacent Wall or Fence Damage: Yes f Na( Lathrop to define damage criteria, radius from tree, etc. y
Observations— General observatians warranting recognition include, but are not limited# o, the fotlowing:

Cavity/ decay
Pest problem
Improperly instalied grate/ guard
Poor location
Improperly mulched
Improperly pruned
Signs of Stress
Nutrient deficiency
Additional Comments or Notes: ( special protocols, office contact#, etc)

5. The Contractor shal) deliver an accurate, comprehensive City wide tree inventory that meets all criteria identified within the Scope of Work and is compatible with ESRI GIS

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