Maintenance Agreement — Orange City Council, June 27, 2023

TREE MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for Tree Maintenance Services (RFP 22-23.38)]

THIS TREE MAINTENANCE SERVICES AGREEMENT (the “ Agreement”) is made and entered into as of __________ ______, 2023 (“Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and WEST COAST ARBORISTS, INC., a California corporation, (“Contractor”), who agree as follows.

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A ,” which is attached hereto and incorporated herein by this reference. As a material inducement to City to enter into this Agreement, Contr actor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow the highest professional standards in performance of the work. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices.

The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Alan Truong, City’s Deputy Public Works Director (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of ser vices hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Total Compensation, Annual Compensation and Fee Schedule.

a. Contractor’s total compensation for all services performed under this Agreement, shall not exceed EIGHT MILLION SIX HUNDRED EIGHTY THOUSAND SEVEN HUNDRED DOLLARS and 00/100 ($8,680,700.00) without the prior written authorization of City.

b. The compensation for services performed under this Agreement shall be paid as specified in Exhibit “B.”

c. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the services until its acceptance by City, other than as provided below; (3) all risks of every description connected with the services; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the services; and (5) well and faithfully completing the services, and for the whole thereof, in the manner and according to Contractor’s Bid Proposal and requirements of the City’s Project Manager.

2 2.1 Term and Extension(s)

a. The Initial Term of this Agreement is five (5) years (the “Initial Term”), commencing Ju ly 1, 2023, and terminating on June 30, 2028 (the “Expiration Date”); provided, however, that City has the right to extend the term of this Agreement for the following extensions and upon the following terms:

• First Extension (the “First Extension Term”) c ommencing July 1, 2028, and terminating on June 30, 2031, in an in amount not to exceed FIVE MILLION THREE

HUNDRED TWELVE THOUSAND FIVE HUNDRED EIGHTY -EIGHT
DOLLARS and 00/100 ($5,312,588.00) without the prior written authorization of City.

b. The City Manager is hereby authorized on behalf of City to give written notice to Contractor of City’s intention to exercise each Extension (if at all) no later than thirty (30) days prior to the Expiration Date of the then -current term; provided, however, that Cit y’s notice of its intention to extend the term of this Agreement for each Extension shall be expressly conditioned upon and subject to the approval by the City Council, in its sole and absolute discretion, of an amount sufficient to pay the compensation se t forth herein for each Extension as part of its annual budget approval process prior to the beginning of each Extension. While the parties acknowledge that City is required to give its notice of intention to extend the term of this Agreement not later than thirty (30) days prior to the Expiration Date of then -current term, it is possible that the City Council’s approval of its annual budget and appropriation of funds for the Extension in question may occur thereafter.

Accordingly, if the City Council fai ls to approve and appropriate funds sufficient to pay the amount of compensation set forth herein for an Extension, this Agreement shall terminate and be of no further force and effect as of the expiration of the then -current term. Notwithstanding anythin g in this provision to the contrary, in the event City gives Contractor written notice exercising an Extension and City receives notice that appropriation of funds for the Extension in question are not available after Contractor has performed services unde r the Extension, City agrees that Contractor will be equitably compensated for all services performed under any portion of an Extension through the date of termination of the Agreement. Except as specifically set forth herein, the terms and conditions of each Extension will be the same as the Initial Agreement.

c. Any Extension, if properly exercised, shall be memorialized in the form of an amendment to this Agreement. The City Manager is hereby authorized to approve and execute amendments to this Agre ement reflecting the exercise of each Extension and the amount of compensation (including the amount of funds to be made available for additional work or services) payable to Contractor for each respective Extension.

3. Payment.

a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.

3 b. All such invoice s shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.

c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.

d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shal l be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, and adjustment of the compensation to be paid by City to Contractor.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement.

City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to th is Agreement.

Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security, withholding and a ll other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

8. Designated Persons. Except as otherwise authorized by City’s Project Manager, only the employees of Contractor shall perform work provided for under this Agreement. It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

4 9. Assignment or Subcontracting . No assignment or subcontracting by Contractor of any part of this Agreem ent or of funds to be received under this Agreement shall be of any force or effect unless the assignment has had the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such ass ignment or subcontracting may be approved by the City Manager or his/her designee.

10. Term. The term of this Agreement shall be for five (5) years, commencing on July 1, 2023, and ending on June 30, 2028.

11. Time Is of the Essence . Time is of the essence in this Agreement. Con tractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time . Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Products of Contractor. The documents, stu dies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:

a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but n ot be limite d 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. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration f or 5 employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts o f Interest . Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, par tners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.

a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:

(1) Any and all cl aims under worker s’ compensation acts and other employee benefit acts with respect to Contractor’s employees or subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and

(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person , firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, i njury, death or damage caused by the active negligence or willful misconduct of City.

Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Inde mnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.

b. Reserved.

c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.

d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, shall prevail over any inconsistent terms or provisions, and shall 6 continue to be binding and in full force and effect in perp etuity with respect to Contractor and its successors.

e. Contractor’s obligation to defend the Indemnitees is not contingent upon an acknowledgment of or determination of the merit of any claim, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs.

f. The indemnifications provided in this Agreement are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance -related provisions of this Agreement.

g. No aspect of this provision shall in any way limit or effect the rights of City against Contractor under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Contractor begins the w ork and shall extend to claims arising after this Agreement is performed or terminated, including as dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that a claim a gainst City is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact City’s rights to contribution from Contractor or from City to dispute Contractor’s refusal to defend and indemnify City.

18. Insurance.

a. Workers’ Compensation and Employer’s Liability . Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program. Contractor shall also maintain during the life of this Agreement employer’s liability insurance in the amount of Twenty Million Dollars ($20,000,000) per accident for bodily injury or disease.

b. General Liability. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) Twenty Million Dollars ($20,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.

c. Automobile Liability . Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of Five Million Dollars ($5,000,000); or (2) all the insurance coverage and/or limits ca rried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.

d. Any insurance proceeds in excess of or broader than the minim um required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. 7 e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is a n additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is provided as part of the general or automobile liability min imums set forth below shall be maintained for the duration of the Agreement.

f. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy. Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.

g. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.

h. All insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.

i. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City. In such a case, City may procure insurance or self -insure the risk and charg e Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.

j. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.

k. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days ’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise. Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agree ment, 8 unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records . In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Cont ractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement.

Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days ’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with Laws/Background.

a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.

b. The work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, t o the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers and shall comply with all statutory requirements thereunder . Statutory provisions for penalties for failure to comply with prevailing wage laws will be enforced. The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR).

Additionally, to perform work und er this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.

c. Contractor represents and warrants that it:

(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and

(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and

(3) Has properly maintained, and shall at all times during t he term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and

9 (4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.

d. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.

e. Contractor shall require all subcontractors to make the same representations and warranties as set forth herein.

f. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.

g. All personnel performing any services to City under this Contract shall possess sufficient experience and security records to perform the work at public facilities. Contractor shall conduct and complete, to City’s satisfaction, sufficient background check s to ensure no personnel performing services under this Contract is listed on the National Sex Offender Public Registry (“NSOPR”). Contractor shall monitor personnel security records to ensure no existing or new employees performing services under this Contract are added to the NSOPR or convicted of any crimes that would disqualify them from adhering to conduct conducive to public safety.

h. All costs associated with the documentation and verification required herein shall be borne by Contractor. Contr actor shall require all subcontractors to provide the same documentation and verification when hired to perform services under this Contract. City has the right, in its sole and absolute discretion, to reject any employee of Contractor assigned to perform services for City, with or without cause, at the time of such assignment or at any time thereafter, and Contractor shall remove that employee from providing services to City to the extent permitted by law and any applicable collective bargaining agreement. City’s rights under this Article shall not be exercised in an arbitrary or capricious manner, or with the intent of forcing a termination of this Contract.

i. Contractor agrees to indemnify and hold City, its officials, and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
10 23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agree ment shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.

"CONTRACTOR” “CITY”

West Coast Arborists, Inc. City of Orange
2200 E. Via Burton St. 300 E. Chapman Avenue
Anaheim, CA 92806 Orange, CA 92866-1591

Attn: Patrick Mahoney, President Attn: Alan Truong

Telephone No.: 714-991-1900 Telephone No.: 714-532-6480 Email: [email protected] Email: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect a s original signatures.

[Remainder of page intentionally left blank; signatures on next page]

11 IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.

“CONTRACTOR” “CITY”

WEST COAST ARBORISTS, INC. CITY OF ORANGE, a municipal corporation a California corporation

*By: By:

Printed Name: Daniel R. Slater, Mayor
Title:

*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk

APPROVED AS TO FORM:

Mary E. Binning, City Attorney

*NOTE: The City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.

EXHIBIT “A”

SCOPE OF SERVICES

[Beneath this sheet.]
Exhibit “A”

Scope of Work

Tree Maintenance Services
RFP 22-23.38

Public Works and Community Services Departments

1 City of Orange Public Works
Tree Maintenance Contract
Scope of Work

1. Industry Standards and Best Management Practices
All work must conform to the current Industry Standards and Best Management Practices, of
A. California Occupational Safety and Health Administration B. ANZI Z133.1 Safety Requirements for Arboricultural Operations C. American National Standards Institute (ANSI) A300 for Tree Care Operations– Standard Practices for Tree Pruning.

D. International Society of Arboriculture (ISA) Best Management Practices for Tree Pruning, Cabling, Fertilization, Tree Planting, and Integrated Pest Management.

E. Mature Tree and Young Tree Pruning Guidelines of the International Society of Arboriculture

2. General Requirements
A. All work shall be performed under the supervision of an ISA Certified Arborist.

B. All personnel enga ged in tree pruning shall hold a current ISA C ertified Tree Worker credential, or higher level ISA credential.

C. The contractor shallprovide all labor, tools, equipment, materials,traffic control, and supervision or other resources necessary to perform pruning, removal and planting of trees, and other arboriculture related services as described in this section, including, but not limited to, the items noted herein. All costs are contained / included within contract unit pricing.

D. Tree work determined by contractor to require any specific equipment (such as a crane) shall be charged per the contract line item price for such work. No charges nor fees shall be paid for the operation or use of equipment.

E. The Contractor shall adequately protect the work, adjacent property, and the public, and shall be responsible for any damages or injury due to his/her actions.

Repairs and replacements shall be at least equal quality and configuration to existing improvements and shall match them in finish and dimension.

Contractor shall be responsible to contact any property owner reporting damage within 24 hours of report, and correct damaged property within 48 hours of report.

F. If any work requires excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

G. Contractor shall be responsible for the clean up of all work sites, inclu ding but not limited to, removal of dirt, debris, wood chips, and USA markings. 2 H. If, at any time, the Contractor is unsure of what action to take in regards to a City tree, the Contractor shall consult with the City representative. The Contractor should ne ver proceed with an action that will result in the permanent disfigurement of structure or value of a City tree.

I. The specifications herein establish minimum requirements, and are not intended as a comprehensive guide to complete all work.

3. Hours of Operation
A. General hours of operation shall be 7:00am to 5:00pm.

B. Arterial Streets shall have limited hours of operation, from 8:30am to 3:30pm.

C. Days of operation shall be Monday through Friday, and exclude City observed Holidays.

D. Overnight street parking of equipment or waste bins shall not be permitted.

E. The City reserves the right to change operating schedule, or stop work in any particular area due to unforeseen circumstances.

4. Public Notification
A. Contractor shall be required to notify residents and/or businesses of scheduled tree operations. Notification shall be in the form of “No Parking” posting.

B. Contractor shall provide and post “No Parking” signs72 hours in advance.

C. Signs shall show dates, times, and maintenance to be performed.

D. Posting onto City Trees is prohibited.

5. Tree Planting
A. The term “Tree Planting” in this section includes, but is not limited to, the following: Source / Locate, inspect for quality, purchase, deliver and install all specified trees.

5.1 Proper Tree Identification
A. All trees shall be true to name as ordered and shall be labeled individually by species and cultivar (where appropriate).

B. Labels shall be attached to lateral / scaffold branches, and not attached to the main stem.

5.2 Inspection Required for Tree Quality (Health and Characteristics) A. All trees, including the root ball dimensions or container size to trunk caliper ratio, shall conform to ANSI Z60.1 “American Standard for Nursery Stock” latest edition, unless modified by provisions in this specification. When there is a conflict between this specification and ANSI Z60.1, this specification section shall be considered correct.

B. As typical for the species/cultivar, trees shall be healthy and vigorous, as indicated by an inspection of the crown, trunk, and roots.

C. It is the responsibility of the contractor to inspect and supply tree stock of acceptable quality. If quality non -conformance is observed by the City representative, the City representative may direct the contractor to remove and replace trees prior to, during, and after planting (through the Warranty Period). 3 Any and all cost of any such removal or replacement shall be paid by the contractor. (SEE WARRANTY)

5.2.1 Tree Quality
A. Trees shall be free of pests (insects, pathogens, nematodes or other injurious organisms).

B. Crown and Branches:
a) The form or shape of the crown shall be typical for a young specimen of the species/cultivar.
b) The crown shall not be significantly deformed by wind, pruning practices, pests or other factors.
c) Trees shall not have dead, diseased, broken, distorted, or otherwise injured branches.
d) Shoot growth (length and diameter) throughout the crown should be appropriate for the age and size of the species or cultivar. e) Trees shall have a single, relatively straight central leader and ta pered trunk, free of codominant stems and vigorous, upright branches that compete with the central leader. If the original leader has been headed, a new leader at least ½ (one–half) the diameter of the original leader shall be present. f) Main branches shall be distributed along the central leader and not clustered together. They shall form a balanced crown appropriate for the cultivar/species. Main branches, for the most part, shall be well spaced. g) Branch diameter shall be no larger than two-thirds (one-half is preferred) the diameter of the central leader measured 1 inch above the branch union. h) The attachment of the largest branches (scaffold branches) shall be free of included bark.
i) Temporary branches should be present along the lower trunk, particularly for trees less than 1.5" (one and one–half inches) in trunk diameter. j) “Whips”, trees without scaffold branches, are not acceptable.

C. Leaves
a) The size, color and appearance of leaves shall be typical for the time of year and stage of growth of the species/cultivar.
b) Leaves shall not be stunted, misshapen, tattered, discolored, chlorotic or necrotic, or otherwise atypical.
c) Trees shall not show signs of prolonged moisture stress or over watering as indicated by wilted, shriveled, or dead leaves.

D. Trunk
a) Trees shall be single trunked and Standard form.
b) The tree trunk sh all be fairly straight, vertical and free of wounds (except properly–made pruning cuts), sunburned areas, fungal fruiting bodies, wood cracks, bleeding areas, signs of boring insects, galls, cankers/ lesions and girdling ties.
c) Tree height and trunk diameter shall be typical for the age, species/cultivar and container size.
d) Trunk diameter and taper shall be sufficient so that the tree will remain vertical without the support of a nursery stake.
4 e) Trunk c aliper (diameter at 6" above the soil surface ) shall be within the diameter range shown for each container size below:

Container Size Trunk Diameter (inches)
15 gallon ................... 0.75" to 1.5"
24 inch box ..................1.5" to 2.5"
E. Roots
a) The root system shall be free of injury from biotic (insects, pathogens, etc.) and abiotic agents (herbicide toxicity, salt injury, excess irrigation, etc.). b) Root distribution shall be uniform throughout the soil m ix or growth media and growth shall be typical for the species/cultivar.
c) The trunk, root collar (root crown) and large roots shall be free of circling and/or kinked roots.
d) Roots shall radiate from the trunk and reach the side of the root ball without deflecting down.
e) Structural roots shall not only be present on one side of the root ball. f) The rootball periphery should be free of large circling and bottom –matted roots.
g) The tree shall be well rooted in the soil mix. When the container is removed, the rootball shall remain intact. When the trunk is caref ully lifted both the trunk and root system shall move as one.
h) The upper–most roots or root collar shall be within 2" of the soil surface.

5.3 Installation of Trees
A. Planting Hole.
a) Trees shall be planted in holes 1x the depth of the root ball, and a minimum of 2x the diameter of the container.
b) Holes shall be dug as to place the top of the root ball 1” below top of curb height (within parkways) , with the trunk centered between the curb and sidewalk. If planting hole is initially dug too deep, backfill and compact the bottom of the hole to the required depth. Within tree wells, final root ball height shall be 3” belowtop of curb height. Top of root ball depth is intended to leave space for mulch, and soil should not be added to top of container soil unless roots are exposed.
c) The planting holes shall be excavated so that the si des taper outward toward the top of the hole.
d) The sides of the planting holes shall be roughened, not smoothly sculpted, as to allow roots to penetrate more easily into the surrounding soil. e) The planting holes shall be filled with water and allowed to completely seep prior to planting.

B. Tree Preparation.
a) All nursery containers and box sides shall be removed from tree roo t balls prior to planting. The c ontractor shall not install trees with box bottoms left on.
b) After removing the tree from the container, the contractor shall inspect for any required maintenance of the root ball, such as removal of dead, broken, or circling roots.
5 c) After placement of the tree into the planting hole, backfill of the planting holes shall be comp leted, eliminating all clods, debris, and large rocks. Soil shall be lightly compact with feet to insure there are no air pockets and that the soil is reasonably firm.

C. Staking and Trunk Guard.
a) Nursery / splint stakes shall be removed.
b) Trees shall be staked parallel to the street with 2, 2” or 3” inch diameter, round, pressure -treated, pencil-point lodgepole pine stakes, 8’ or 10’ long (use appropriate size to matchheight of tree(s) to be planted), driven2” to the outside of the tree root ball and embedded a minimum of 2’into the ground. c) Trees shall be tied to the stakes in two 2 or more places with soft-rubber cinch ties or equivalent at the lowestpoints possible to maintain the tree in an upright posi t i o n a n dnailed to each stake with 1 aluminum or galvanized roofing/shingle nail.
d) Trees shall be installed with one 1 trunk guard/protector or equivalent.

D. Basin / Berm, Water and Mulch.
a) Trees in parkways shall be surrounded with an earthen basin or “ber m” of not less than 30” in diameter, inside measurement, and 4” or more in height. b) Planting soil and root ball shall be immediately watered after installation. c) Mulch shall be installed with a minimum depth of 2” , as a layer above the root ball. Mulch should be kept away from trunk and trunk flare by a 3” radius.

E. Clean up and dispose of all excess and surplus material.

F. Photo shall be attached to the tree inventory record, capturing the newly planted tree.

6. Tree Warranty
A. Trees shall be warrantied for a period of 90 days following the planting date.

B. Trees under warranty shall be watered by contactor.
a) Water quantity shall be at a minimum of 5 gallons per tree at a frequency of no less than once per week.
b) Contractor shall provide a list of trees being watered under warranty, to the City Representative, on a Monthly basis. Lists shall indicate end ofwarranty and watering obligation date, for each tree.
c) While performing tree watering, the Contractor shall maintain the tree watering basin / berm to i n clude the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein. d) Contractor shall also replace mulch, stakes and/or trunk guards when necessary.

Any and all cost of any such removal or replacement shall be paid by the contractor.
6 D. The Contractor agrees to replace defective work and defective trees. The City’s Representative shall make the final determination if trees meet these specifications or that trees are defective. All trees shall be warrantied to meet all the requirements for plant qu ality in this specification, at installation.

Defective trees shall be defined as plants not meeting these requirements. The warranty of all repla cement trees shall extend for an additional 90 day period f r o m t h e p lanting date after replacement. The Contractor shall be fully responsible to ensure that adequate water is provided to all plants from the date of installation until the end of warranty period.

7. Tree Watering (non Warranty)
A. Water shall be obtained at City provided sources through the use of a City provided meter. No water shall be obtained from City sources without the use of a meter.

B. Tree wells and planting sites shall be watered utilizing a low flow device or diffuser capable of filling the tree well or planting site to a level flush with the adjacent grade (hardscape or earthen well).

C. Any soils or materials splashed onto adjacent hardscape shall be removed by the service provider before continuing onto the next watering site.

D. Watering costs shall be based on water, truck and driver for an eight hour day.

8. Mulch
A. Mulch shall be "Walk on" grade, coarse, ground, and produced from composted tree and woody brush sources. The size range shall be a minimum (less than 25% or less of volume) fine particles 3/8 inch or less in size, and a maximum size of individual pieces (largest 20% or less of volume) shall be approximately 1 to 1-1/2 inch in diameter and maximum length approximately 4 to 8". Pieces larger than 8 inch long that are visible on the surface of the mulch after installation shall be removed.

B. Mulch shall be applied at a 3’ x 3’ and 2” depth. Within parkways, the dimension shall be modified to be circular, with a 1.5-2’ radius.

9. Watering Bags
A. Plastic tree watering bags shall have a minimum holding capacity of 15 gallons of water and with a slow drip hole(s) water release system, specifically designed to water establishing trees.

B. Watering bags shall be:
a) Treegator Irrigation Bags sized to the appropriate model forthe requirements of the plant, manufactured by Spectrum Products, Inc., Youngsville, NC 27596.
b) Or approved equal.

10. Tree and Site Evaluation
A. Immediate Hazard
Before commencement of any tree work, Contractor shall evaluate the tree and site for any immediate hazard, including the observance of significant structural 7 weakness, decayed trunk, and split limbs or trunks. If work to be performed does not specifically intend to address the observed immediate haza rd, Contractor shall contact the City immediately.

B. Tree Evaluation
a) Tree evaluation before pruning determines what pruning must be performed to achieve or enhance a tree’s structuralintegrity, appearance, or desired size. b) Trees identified through evaluati on to be diseased, dead, or otherwise recommended for removal shall be reported to the City Representative for recommended action.

11. Wildlife Protection
A. The Contractor is responsible for f ollowing all relevant laws and b est management Practices concerning Wildlife. Contractor shall cease work in a tree if a nest belonging to a bird protected by the Federal Migratory Bird Treaty Act or other relevant law is found and determined to be active. The City Representative shall be notified immediately of any such occurrence.

12. Pruning
A. General Requirements
All pruning methods shall comply with the Arboricultural Industry standards and shall meet but not be limited to the following requirements:
a) All pruning operations shall be performed with the goal of promoting a healthy and structurally sound canopy. Pruning needs are based on tree species, growth characteristics, tree form, tree structure, and tree condition.

Tree evaluation before pruning determines what pruning must be performed to achieve or enhance a tree’s structural integrity, appearance, or desired size.

Trees are also pruned to raise for clearance, and to restore after damage to tree has occurred.
b) Topping, or lion-tailing are not acceptable method s of pruning within the City, and are prohibited.
c) Contractor shall assure that no hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming.
d) Final pruning cuts shall be made without leaving stubs. e) Cuts shall be made in a manner to promote fast callous growth. f) When removing a live tree branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.
g) When removing a dead tree branch, the final cut should b e made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed. The live collar sho uld remain intact and uninjured.
h) Whenever reducing the length of a limb the reduction cuts shall be made back to a lateral limb with at least 1/3 the diameter of the Parent branch. 8 i) While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites.
j) When removing limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off firs t at a point several feet beyond the intended final cut.
k) The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in the tearing of tissue on limbs below cuts shall be corrected.
l) All pruning operations include full clean up and removal of all debris. m) Any tree contact with non -high voltage utility lines, such as low -voltage electrical, phone and cable service drops, shall be assessed for strain and abrasion. Tree material under 3” diameter shall be reduced or removed as to lessen or eliminate strain or abrasion to such utility lines, and prevent the imbedding of such lines within tree growth.
n) All pruning tools, saws and equipment shall be kept sharp and in good condition to result in final cuts with an un-abrasive wood surface and secure bark remaining intact.
o) When trimming trees observed to be infected with fungal, bacterial, or other disease transferable through pruning tools, all pruning tools shall be cle aned after each cut with bleach.
p) During an y tree maintenance, line of sight to regulatory traffic signs, and traffic signals shall be considered, and trees shall be pruned to clear line of sight for required sight distance, as necessary.
q) Any parasitic plant, mistletoe or vine, growing on trees shall be removed to ground level. Vine tendrils shall be removed without injury to trees. r) Any extraneous metal, wire, rubber, nails or other material interfering with tree growth shall be removed when possible.

12.1 Routine /Grid Pruning.

The City of Orange performs routine maintenance pruning of trees on cycled geographical Districts / Grids. This method of tree maintenance assures that each tree is evaluated, site inspected, and trees are pruned as needed to establish and maintain a healthy a nd structurall y sound canopy. This method also allows for maintenance frequency consistency across the City. It is primarily intended that trees maintained on the Grid pruning cycle shall not require additional pruning to be maintained in good health and structure. Grid pruning should generally address all necessary pruning needs. Objectives of Grid pruning of trees include : Crown Cleaning, Pruning to Raise, Pruning to Reduce, Pruning to Restore, Structural Pruning and Young Tree Maintenance. The specific techniques employed shall be consistent with industry practices for the size and species of the tree being trimmed.

A. Routine / Grid Pruning Young Trees (0”-4.5” DBH)
Young trees shall be pruned to establish the trees’ future and permanent structure which is consistent with industry guidelines and standards specific to Young Tree Maintenance or Trainin g as recognized in the ISA Best Management 9 Practices. Prune to manage tree growth and form to maximize safety, structural integrity and health. Trees in this category (under 4.5” diameter) shall be pruned with hand tools only.
a) Prune to Clean:

I) Remove dead, diseased, detached, cracked, and significantly damaged branches.
b) Prune for Clearance.

I) Minimum clearances shall be maintainedas 8’ for walkways,sidewalks, and parking lots.

II) Minimum clearances shall be maintained as 14’ over roadways.

III) Clearance pruning on newly planted trees should be minimal.

IV) Reduce scaffold branches as needed to prevent clearance issues.

V) Retain temporary lowe r branches. Do not unnecessarily raise canopy on young trees.
c) Prune for Structure.

I) Develop and/or maintain a central leader.

II) Subordinate or remove co-dominant stems.

III) Vertically and radially space scaffold branches along one central leader.

IV) Reduce overextended scaffold branches.

V) Remove or reduc e crossing branches, to promote a desirable form and healthy branch growth.

VI) Identify the lowest branch in the permanent canopy to facilitate management of lower branches.

VII) Subordinate and retain temporary lower branches. Temporary branching along the young trees lower trunk shall be retained to promote good trunk taper and structural development.

VIII) Remove any basal or graft sprouts.
d) Other Maintenance.

I) Remove or replace stakes, ties, and trunk guards as needed to provide adequate support for the tree.

II) Remove or re -establish tree watering basins as needed, and th e replace mulch, as needed.

III) For tree well location s, remove any non -tree vegetation, such as weed s, volunteer palm or other vegetation growing within the tree well.

IV) Update inventory record as needed to correctly reflect tree size, and attach photo after all cycle maintenance is complete.

E. Routine / Grid Pruning Small Trees (>4.5”-12” DBH)
Small trees shall be pruned to establish the trees’ future and permanent structure which is consistent with industry guidelines and standards as recognized in the ISA Best Management Practices. Prune to manage tree growth and form to maximize safety, structural integrity and health.
10 a) Prune to Clean.

I) Remove dead, diseased, detached, cracked, and significantly damaged branches.
b) Prune for Clearance.

I) Minimum clearances shall be maintained as 8’ for walkways, sidewalks, and parking lots.

II) Minimum clearances shall be maintained as 14’ over roadways.

III) Minimum clearances shall be maintained as 4’ to any structure, 8’ preferred.

IV) Reduce scaffold branches as needed to prevent clearance issues.

V) Do not unnecessarily remove lower permanent branches. c) Prune for Structure.

I) Develop and/or maintain a central leader.

II) Subordinate or remove co-dominant stems.

III) Vertically and radially space scaffold branches along one central leader, and establish proper spacing for permanent scaffold branches, generally no less than 12” apart, and up to 48” apart (as appropriate for species).

IV) Reduce overextended scaffold branches.

V) Reduce scaffold branches that overhang roofs. Branches should be evaluated to perform reduction of material and weight over roofs, and promoting structural integrity and health.

VI) Reduce outliers, to promote a balanced crown.

VII) Reduce end weights, as appropriate.

VIII) Remove or reduce crossing branches, to promote a desirable form and healthy branch growth.

IX) Identify the lowest branch in the permanent canopy to facilitate management of lower branches.

X) Subordinate or remove temporary lower branches.

XI) Remove any basal or graft sprouts.

F. Routine Pruning Intermediate Trees (>12”-24” DBH)
Intermediate Trees shall be prune to manage tree growth and form to maximize safety, structural integrity and health. At this stage of development, lower temporary branches should be absent, and lowest permanent branches should be established. Structure for middle and upper canopy should be a primary focus.
a) Prune to Clean.

I) Remove dead, diseased, detached, cracked, and significantly damaged branches.
b) Prune for Clearance.

I) Minimum clearances shall be maintained as 8’ for walkways, sidewalks, and parking lots.
11 II) Minimum clearances shall be maintained as 14’ over roadways.

III) Minimum clearances shall be maintained as 4’ to any structure, 8’ preferred.

IV) Reduce scaffold branches as needed to prevent clearance issues, and prevent unnecessary overhang of private structures.

V) Maintain a minimum vertical clearance of 8’ overhouse roofs.

VI) Do not unnecessarily remove lower permanent branches. c) Prune for Structure.

I) Develop and/or maintain a central leader.

II) Subordinate or remove co-dominant stems.

IV) Reduce overextended scaffold branches.

V) Reduce scaffold branches that overhang roofs. Branches should be evaluated to perform reduction of material and weight over roofs, topromote structural integrity and reduce risk.

VI) Reduce outliers, to promote a balanced crown.

VII) Reduce end weights, as appropriate.

VIII) Remove or red uce crossing branches, to promote a desirable form and healthy branch growth.

IX) Remove any basal or graft sprouts.

G. Routine Pruning Mature Trees (>24”+ DBH)
Mature Trees shall be pruned to manage tree growth and form to maximize safety, structural integrity and health. At this stage of development, proper branch structure should be well established. Maintaining a desirable structure and reducing potential risk should be a primary focus.
a) Prune to Clean.

I) Remove dead, diseased, detached, cracked, and significantly damaged branches.
b) Prune for Clearance.

I) Minimum clearances shall be maintained as 8’ for walkways, sidewalks, and parking lots.

II) Minimum clearances shall be maintained as 14’ over roadways.

III) Minimum clearances shall be maintained as 4’ to any structure, 8’ preferred.

IV) Reduce scaffold branches as needed to prevent clearance issues, and prevent unnecessary overhang of private structures.

V) Maintain a minimum vertical clearance of 8’ over house roofs.

VI) Do not unnecessarily remove lower permanent branches. c) Prune for Structure.

I) Develop and/or maintain a central leader.
12 II) Subordinate or remove co-dominant stems.

IV) Reduce overextended scaffold branches.

V) Reduce scaffold branches that overhang roofs. Branches should be evaluated to perform reduction of material and weight over roofs, and promoting structural integrity and health.

VI) Reduce outliers, to promote a balanced crown.

VII) Reduce end weights, as appropriate.

VIII) Thin the outer canopy (reduction cuts), if appropriate due to outer crown density and species.

IX) Remove or reduce crossing branches, to promote a desirable form and healthy branch growth.

X) Remove any basal or graft sprouts.

XI) Any pruning cuts, of live material, exceeding seven inches in diameter must be authorized by the City Representative prior to cutting.

12.2 Palm Pruning.

Palm street trees are submitted for pruning as a lump inventory of all Palm trees Citywide, and are primarily of Washingtonia, Syagrus, Phoenix or Achontophoenix genus. Palms are pruned on an approx. 1 year cycle, and are expected to be maintained between late June to September.

A. Pruning includes removal of fronds that are dead, flowers, fruit, loose petioles, and non-palm vegetation.
a) Dead fronds are those with less than 50% green tissue. b) Do not remove live fronds above the horizontal line. c) Remove all vines, or other parasitic vegetation.

12.3 Palm Skinning
A. Washingtonia spp.
e) Includes the removal of old leaf stems, shag skirts and cleaning of trunk up to five feet from head.

B. Phoenix spp.
a) Includes the removal of old leaf stems, and reducing / reforming of the ornamental “pineapple”.

13. Tree and Stump Removal
A. General.
a) Any tree to be removed will be marked in a manner determined by the City Representative. Only trees so marked shall proceed for tree removal. b) Trees shall be felled in a manner consistent with industry practices and with the primary emphasis on the safety of the public, and the protection of adjacent property. At no time shall branches, or tree trunks be allowed to freefall in an uncontrolled manner.
13 c) Trees to be removed shall first be measured at 4.5’, to obtain theunit quantity (DBH / DSH).
d) Reasonable exceptions are made for unusual branch attachments, such as a trunk that has a scaffold branch attachment at 4.5’, that would significantly distort the measurement. In the case of such branches, measurement may be taken below the branch.
e) If trees are multi-stemmed below 4.5’, then DBH shall be considered the sum of each stems diameter as measured at 4.5’.
f) All Tree / Stump measurements shall be photographed, showing the actual measurement performed, and attached to the inventory record for the tree. g) Adjacent area (vehicles, structures, etc.) shall be protected from flying debris prior to beginning grinding operations.
h) All stumps must be removed to at least 24” below the soil level adjacent to the stump or until deep roots are no longer encountered. i) The location of stump grind shall be made suitable as to replant a replacement tree.
j) The Contractor shall grind the stump to a minimum of four feet to either side of the outer circumference of the stump or until surface roots are no longer encountered.
k) All stumps must be backfilled and compacted to prevent settling, using screened topsoil.
l) No stump grinding debris such as shavings or wood fibers shall remain on site. The stump grinding debris shall not be used to backfill the hole. m) All stump grinding locations shall be called in to the Underground Service Alert (USA) for locating underground utilities. The locations shall be cleared by USA prior to stump grinding.
n) All irrigation repairs required as a result of the service provider’s work shall be performed at no cost to the City or property owner.

B. Stump Only removal.
a) All tree stumps issued for removal under “Stump grinding only” work type shall be measured four inches above finish grade level to determine their size, or the highest point of the stump, if the stump is less than 4” in height.

C. Tree Only Removal.
a) Residual stumps shall be cut low enough to the ground where grinding can be performed safely.
b) Residual stumps shall be marked immediately after tree removal with orange cones and yellow “caution tape” until the stumps have been completely removed and backfilled to prevent tripping hazards.

14. Root Pruning/Shaving.

A. Root pruning /shaving shall be performed under the direction of the City’s arborist.

B. Roots shall be pruned/shaved using sharp, disinfected tools.

C. Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks. 14 D. All debris generated by these operations shall be immediately removed from the site and properly disposed of outside the right-of-way.

E. Backfill material shall consist of clean dirt. Nochips or debris from root pruning will be used in the backfill material.

15. Crew Rental.

The Contractor shall provide to the City crew rental, at an hourly rate, for treework which lies beyond the scope of established unit pricing . The Contractor will be provided specified locations and work to be performed.

A. After hours / On Call Rate.
a) After Hours rate shall be charged for response to requests made to be performed outside normal operating hours.
b) Contractor may charge a 2 hour minimum for th e first response in a given day, which is to include mobilization and travel time . No additional mobilization or travel time shall be charged.

B. Normal Business Hours Rate
a) Unscheduled, urgent response Tree Only Removal shall be charged at standard Crew Rental price.
b) Unscheduled, urgent response for tree pruning, hanger, or dropped limb removal shall be charged at standard Crew Rental price. c) Scheduled, non-urgent Service Requests that fall outside of Grid Pruning schedule and expectations may be charged at crew rental rate only if:

I) Work is issued by City Representative specifically as a Crew Rental work order.

II) Specific tree location work is authorized to be charged as crew rental, by City Representative.
d) No time shall be charged for mobilization or travel time.

C. Emergency Services and Response.
a) The Contractor shall be required to provide emergency response to hanging limbs, hazardous, wind damaged or downed trees. This may include day, night, weekends, holidays and during storms.
b) Emergency Response shall be categorized as Crew Rental, under the applicable time category.
c) The Contractor shall be required to respond to request within 1 hour. d) The Contractor is required to provide a 24-hour emergency phone number and names of two contact individuals within one week of contract award.

Should the phone number or contact person change during the course of the contract the Contractor is required to inform the City immediately. e) The Contractor will be given specific locations and the work to be completed at each location via telephone from a City authorized representative. The Contractor shall be required to start the work within sixty minutes of the initial phone call. The Contractor shall be required to 15 report their arrival on the job site and report back to the City representative upon completion of the work specified.
f) The Contractor shall be required to provide all traffic control required during emergency response operations. Staff that performs traffic control operations must be traffic control certified.
g) No work shall be performed on trees affected by high voltage lines. Should the work involve high voltage lines the Contractor shall be required to notify the responsible utility company to shut down the line or take any other necessary actions to allow work to be performed safely.

16. Tree Well Maintenance
In addition to tree well maintenance performed under other work categories (Grid Pruning, Planting, etc), Tree Well Maintenance may be issued as a standalone project, to include vacant and / or populated tree wells.

A. Contractor shall provide dedicated crew to perform maintenance, which will be scheduled to proceed through the project, without being delayed, postponed, or re-assigned to perform other work. Issuance of a Tree Well Maintenance Project shall not result in delay of other work categories (Planting, Palm Pruning, Grid Pruning, or Tree removals, etc).

B. Tree Well Maintenance Projects may be scheduled up to twice a year, anticipated to begin in March and September.

C. Projects anticipated quantities are 2,500-3,800.

D. Tree well maintenance shall include:
a) Removal of all non-tree vegetation from tree wells (vines, weeds, volunteer palm, etc.).
b) Removal of all basal / root crown sprouts from tree wells. c) Removal of all debris (such as trash) from tree wells. d) Correction of any staking issue for young trees, including re-stake and re- tie, if needed.
e) Correction of soil level irregularities such as :

I) Filling in holes or substantial depression of soil grade, to bring soil to approx. 1-2” below concrete grade.

II) Removal of excess soil, if soil is above grade of concrete, so as to prevent spillage onto sidewalk.

17. Tree Inventory System, Maintenance and Technical Support.

A. The c ontractor shall provide the City with a record keeping computer -based inventory system and all the necessary technical support that allows the City to maintain information about a tree population, including the work history and service request information, tree and planting site locations information, and species names.

B. The system shall be accessible by City staff 24 hours a day via the internet.

C. The system will print condensed or detailed listings of tree and site information, work histories, service requests and summary reports.

D. The Contractor shall update and maintain the tree site specific, tree inventory system to reflect changes in tree data (species, height, DBH, etc). 16 E. The Contractor shall update tree records with a record of date, cost and crew identity for any service work performed at any tree site . The system shall be updated to reflect any work performed, including but not limited to: Planting, Removal, Pruning, Emergency response of any City tree.

F. The system shall be capable of maintaining and displaying all past and future work histories for any and all tree sites in the inventory, both individually and collectively by query.

G. Approved City Staff shall be able to enter and update data.

H. The system shall include the ability to export data into common spreadsheet applications.

I. All aspects of the tree inventory system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of the Contractor and shall be provided at no cost to the City.

J. Work Summary Reports: Tree site/task specific hardcopy backup data for any work that has occurred during the billing cycle shall accompany the invoicing for that period and shall be accessible for review on the Tree Inventory System prior to the submittal of invoicing for that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied.
1 City of Orange Community Services Department
Tree Maintenance Contract
Scope of Work

D. International Society of Arboricul ture (ISA) Best Management Practices for Tree Pruning, Cabling, Fertilization, Tree Planting, and Integrated Pest Management.

E. Mature Tree and Young Tree Pruning Guidelines of the International Society of Arboriculture

2. General Requirements
A. All work shall be performed under the supervision of an ISA Certified Arborist.

B. All personnel enga ged in tree pruning shall hold a current ISA C ertified Tree Worker credential, or higher level ISA credential.

C. The contractor shallprovide all labor, tools, equipment, materials, traffic control, and supervision or other resources necessary to perform pruning, removal and planting of trees, and other arboriculture related services as described in this section, including, but not limited to, the items noted herein. All costs are contained / included within contract unit pricing.

E. The Contractor shall adequately protect the work, adjacent property, and the public, and shall be responsible for any damages or injury due to his/her actions.

Repairs and replacements shall be at least equal quality and configuration to existing improvements and shall match them in finish and dimension.

Contractor shall be responsible to contact any property owner reporting damage within 24 hours of report, and correct damaged property within 48 hours of report.

F. If any work requires excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

G. Contractor shall be responsible for the clean-up of all work sites, inclu ding but not limited to, removal of dirt, debris, wood chips, and USA markings. 2 H. If, at any time, the Contractor is unsure of what action to take in regards to a City tree, the Contractor shall consult with the City representative. The Contractor should ne ver proceed with an action that will result in the permanent disfigurement of structure or value of a City tree.

I. The specifications herein establish minimum requirements and are not intended as a comprehensive guide to complete all work.