14.2 If City terminates this Agreement due to no fault or failure of performance by Contractor, then Contractor shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.
14.3 By executing this document, Contractor waives any and all claims for damages that might otherwise arise from City’s termination under this Section.
14.4 Should the Agreement be terminated pursuant to this Section, City may procure on its own terms services similar to those terminated.
15.INDEMNIFICATION.
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies, and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of Contractor’s commitment to indemnify and protect City as set forth herein.
Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor.
15.2 To the full extent permitted by law, Contractor shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies, and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs, or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors, or omissions of Contractor or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice, expert witness fees, and Contractor’s fees. Notwithstanding the foregoing, to the extent Contractor’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required General Services Agreement
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by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor.
15.3 City shall have the right to offset against the amount of any compensation due Contractor under this Agreement, any amount due City from Contractor as a result of Contractor’s failure to pay City promptly any indemnification arising under this Section 15 or related to Contractor’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Contractor under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees, and volunteers.
15.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every sub-contractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Contractor’s subcontractors or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice, expert witness fees, and Contractor’s fees.
15.6 City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This holds harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
15.7 No official or employee of City shall be personally liable to Contractor in the event of any default or breach by City, or for any amount which may become due to Contractor.
15.8 PERS ELIGIBILITY INDEMNITY. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under General Services Agreement
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this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
15.8.1 Notwithstanding any other agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
15.9 The Parties agree that the covenants contained in this Section 15 of this Agreement shall survive the termination of this Agreement.
16.RECORDS AND INSPECTIONS.
Contractor shall maintain full and accurate records with respect to all matters covered under this agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City may audit such records, make transcripts therefrom and inspect all program data, documents, proceedings, and activities.
17.PERMITS AND APPROVALS.
Contractor shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
18.INDEPENDENT CONTRACTOR.
City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which it is performed. Contractor will be free to contract for similar services to be performed for other employers while under contract with City. Contractor is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits City provides for its employees.
Any provision in this Agreement that may appear to give City the right to direct Contractor General Services Agreement
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as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of City as to end results of the work only.
19.NOTICES.
Any notice(s), bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery of delivered by hand, facsimile, email, or overnight courier services during Contractor’s and City’s regular business hours; or (ii) on the third (3rd) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such addresses as the Parties may, from time to time, designate in writing).
If to City: Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, CA 90660
Fax: (562) 801-4765
[email protected]
Courtesy copy to: Arnold M. Alvarez-Glasman, City Attorney Alvarez-Glasman & Colvin
13181 Crossroads Parkway North, Suite 400
City of Industry, CA 91746
Fax: (562) 692-2244
[email protected]
If to Contractor: Eddie Stephens, Owner
Elvis Show Socal
8939 Gallatin Road, Suite 35
Pico Rivera, CA 90660
Phone: (562) 818-7607
[email protected]
20.TAXPAYER IDENTIFICATION NUMBER.
Contractor shall provide City with a Taxpayer Identification Number.
21.ASSIGNMENT.
Contractor shall not delegate, transfer, subcontract, or assign its duties or rights hereunder, either in whole or in part, without the City’s prior written consent, and any attempt to do so shall be void and of no effect. If the Contractor wishes to assign any of its duties under this Agreement, the Contractor shall first provide the City with at least 14 General Services Agreement
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days prior written notice before the date of the proposed event. City shall not be obligated or liable under this Agreement to any party other than Contractor
22.WAIVER.
A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
23.CONSTRUCTION.
The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either Party.
24.SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
25.CAPTIONS.
The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
26.GOVERNING LAW.
This Agreement was drafted in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
27.AUTHORITY/MODIFICATION.
This Agreement may be subject to and conditioned upon approval and ratification by the Pico Rivera City Council. This Agreement is not binding upon City until executed by City’s City Manager (“City Manager”). The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. The City Manager may execute any such amendment on behalf of City.
General Services Agreement
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28.ACCEPTANCE OF FACSIMILE SIGNATURES.
The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a Party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
29.FORCE MAJEURE.
Should performance of this Agreement be prevented due to, (but not limited to) fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either Party to the other.
30.ENTIRE AGREEMENT.
This Agreement and any document referenced to as exhibits or attachments to this Agreement shall constitute the sole agreement between Contractor and City. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any referenced exhibit and/or attachment, the provisions of this Agreement shall prevail. There are no other understandings, terms, or other agreements expressed or implied, oral or written.
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representative to execute this Agreement on the dates set forth in Section 2.3 of this Agreement.
CITY CONTRACTOR
City of Pico Rivera, Elvis Show SoCal,
a California municipal corporation a California Corporation Steve Carmona, City Manager Eddie Stephens, Owner
ATTEST: APPROVED AS TO FORM:
Cynthia Ayala, City Clerk Arnold M. Alvarez-Glasman, City Attorney
EXHIBIT A
To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC.
FOR TREE MAINTENANCE SERVICES
Recommendation:
1. Approve a three (3) year contract with a two (2), one-year renewal options with West Coast Arborists, Inc. (WCA), for tree maintenance services in a not-toexceed amount of $1,690,900; and
2. Authorize the City Manager to execute the contract in a form approved by the City Attorney.
Strategic Priority:
3 - Infrastructure - Plan, fund, build, and maintain reliable and cost-effective infrastructure that contributes to enhancing quality of life.
Strategy:
3.4 Facilitate a high-level of maintenance of City infrastructure to reduce increased costs from prolonged deferral.
Fiscal Impact:
Sufficient funding has been included in the proposed fiscal year (FY) 2026-27 Budget within the Lighting and Landscaping Assessment District Fund (Account No. 230.40.4030-54500) to cover the annual cost for tree trimming services for the three (3) year term of agreement, and any future extensions. No additional appropriations are required at this time.
Background:
Based on a 2020 tree inventory, the City has approximately 12,500 street and parkway trees, comprising its urban forestry, with an estimated value of $36,500,000. Trees provide many benefits, including reduced pollution, energy conservation, economic 16 Back to Outline
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AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC. FOR TREE
MAINTENANCE SERVICES
stability, beautification, and increased property values.
The Public Works Department oversees the City’s overall tree maintenance operations with the support of a professional contractor for routine tree trimming services, service request trimming, tree removal and replacement, and emergency response. Currently, trees are trimmed on a scheduled, grid-based cycle. Each tree in the City is trimmed at least once every three (3) years.
Discussion:
WCA was awarded a contract on August 10, 2021, for tree maintenance services, and the contract is set to expire on August 10, 2026. Staff researched a new request for proposal process and researched current regional pricing. During the process, it was discovered that the City of Rosemead had recently concluded a procurement process for the same services. In April 2025, the City of Rosemead issued a Request for Proposals (RFP) for citywide tree maintenance services. A total of eight (8) proposals were received, and upon evaluation of the proposals, WCA was selected as the contractor.
The City of Rosemead City Council awarded WCA a maintenance services agreement on December 9, 2025. Staff reviewed the pricing and services obtained by the City of Rosemead and found it comparable to the City’s current contract. In addition, staff found the cost for some of the services to be less expensive than our current rates. To obtain the best value for the City and eliminate the risk of higher bids, staff investigated using the City of Rosemead’s procurement process. The Pico Rivera Municipal Code Section
3.20.030(c)(d) permits the purchase to be executed by, through, or in collaboration with another public agency that conducts the same procurement in accordance with applicable state or local regulations governing such purchases. Furthermore, such procurements utilizing a piggyback purchase ensure that goods and services are procured in compliance with public purchasing regulations, are conducted through competitive solicitation, and that the City obtains the most advantageous pricing, while streamlining the procurement process.
Staff communicated with WCA representatives regarding the potential extension of the City of Rosemead’s pricing structure to the City. WCA representatives demonstrated a willingness to collaborate and extend the existing pricing for the services desired by the City. These services primarily include a three-year grid-based trimming cycle, specialty maintenance and service requests, emergency response, arborist assessment services, tree removals and replacements, among others.
In addition to extending the City of Rosemead’s pricing to the City, WCA also proposed a new tree inventory assessment at no cost to the City, which typically costs approximately $92,000 for a similar size city. Since the most recent tree inventory, new trees have been planted throughout the city as part of recent tree-planting initiatives and median-island projects. The tree inventory assessment will also include trees in parks that were not previously documented. The assessment process involves visiting each tree site and CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC. FOR TREE
MAINTENANCE SERVICES
tagging each tree using a Geographic Information System (GIS). Maintaining an up-todate tree inventory is an invaluable tool that reduces liability, enhances service delivery, strengthens budget requests, and facilitates long-term maintenance planning, thereby reducing the need for emergency responses.
The chart below presents the projected costs of the essential service provided by WCA, specifically grid-based tree trimming, over the three-year agreement period. The annual price varies year-to-year since the total number of trees varies from each grid.
Lastly, the last column highlights the price differential in comparison to the City’s existing contract:
Year of Service Total Annual Grid Tree Trimming
Cost
Cost difference compared to
current rates
Year 1 $405,160 +0.72%
Year 2 $390,414 +1.44%
Year 3 $415,274 +0.75%
Grid Tree Trimming
Grand Total
$1,210,848
In conjunction with grid-based tree trimming services, which include tree trimming in City parks, the City allocates contingency funds designated for use at the City's discretion for special tree trimming requests, tree removals, tree replacements, and emergency response services. Based on historical expenditure data, the recommended allocation is $160,000 for other WCA services, excluding grid-based tree trimming. The chart below presents the total projected annual expenditure and the grand total for all of WCA services.
Year of Service WCA Annual Amount
Year 1 $565,160
Year 2 $550,414
Year 3 $575,326
Grand Total for 3-years $1,690,900
The services and work rendered by WCA have consistently demonstrated a high standard of quality. WCA has served as a valuable contractor to the City, providing emergency support services, assisting with Capital Improvement Projects, and tailoring its services to the specific needs of the City of Pico Rivera. Ensuring the continuity of tree maintenance services enhances tree care and promotes uniformity in the City’s urban forestry management. Staff have cultivated a strong professional relationship with WCA, and WCA has consistently met the needs of Pico Rivera.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
AWARD OF CONTRACT TO WEST COAST ARBORISTS, INC. FOR TREE
MAINTENANCE SERVICES
Conclusion:
Staff recommend awarding a three (3) year contract with a two (2) one-year renewal option with West Coast Arborists, Inc. (WCA), for tree maintenance services in a not-toexceed amount of $1,690,900. In addition, authorize the City Manager to execute the agreement in a form approved by the City Attorney.
Steve Carmona
SC:NN:JG:ML:np
Enclosure(s): 1) Maintenance Services Agreement
2) West Coast Arborists Letter
3) City of Rosemead RFP
4) City of Rosemead Agenda Report and Services Agreement
CITY OF PICO RIVERA
MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of July 14, 2026, by and between the CITY OF PICO RIVERA, a California municipal corporation (“City”) and West Coast Arborists, Inc., a (“Contractor”). Contractor’s license number is 366764 and Contractor’s DIR registration number is 1000000956.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as citywide landscape maintenance services (“Project”), as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposal dated March 13, 2026, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.
2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and accepted by Contractor, shall be paid for in accordance with the terms of the written work order. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the Director of Public Works. All extra work shall be adjusted daily upon the report sheet furnished by Contractor, prepared by the Director of Public Works, and signed by both parties; and the daily report shall be considered thereafter the true records of extra work done.
3. Term. This Agreement shall become effective on the date first set forth above and shall remain in effect until the tasks described herein are completed to City’s approval, but in no event later than December 28, 2028, unless sooner terminated pursuant to Section 12 of this Agreement. Additionally, there shall be a two (2) one-year option to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date, this Agreement may continue on a month-to-month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six months or until renewed or awarded to a new contractor, whichever is less.
4. Time of Performance.
A. Contractor will not perform any work under this Agreement until:
1) Contractor furnishes proof of insurance as required under Section 14 of this Agreement; and
2) City gives Contractor a written notice to proceed.
Enclosure 1
16a
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Maintenance Services Agreement
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B. Should Contractor begin work in advance of receiving written authorization to proceed, any such professional services are at Contractor’s own risk.
5. Time. The term of the Agreement shall expire on December 28, 2028, with an option to extend for two, one-year periods, as mutually agreed in writing by both parties.
6. Force Majeure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.
7. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed One Million Six Hundred Ninety Thousand Eight Hundred Forty Eight Dollars ($1,690,848) for the term of the agreement, in accordance with the prices as submitted in Exhibit B.
8. Payments. Contractor shall submit to City an invoice on a monthly basis for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten business days of receipt of any disputed invoice amounts.
City shall make payments within 30 days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven days after receipt, and shall explain in writing the reason(s) why the payment request is not proper.
9. Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B.
10. Audit. City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.
11. Unresolved Disputes. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work, but Maintenance Services Agreement
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shall proceed with the performance of the work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to this Agreement, and the consideration and payment of such clams, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein.
Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 904 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable.
12. Termination. This Agreement may be canceled by City at any time with or without cause and without penalty upon 30 days’ written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.
If at any time the Contractor is determined to be in material breach of the Contract, a Notice of Potential Breach of Contract shall be prepared by the City, and will be served upon the Contractor and its sureties. If the Contractor continues to neglect or refuses to comply with the Contract or with the Notice of Potential Breach of Contract to the satisfaction of the City within the time specified in such Notice, the City shall have the authority to terminate the Contract for this Project.
In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract.
13. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, Maintenance Services Agreement
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demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.
Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2.
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 13 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts Not Limiting. Contractor’s indemnifications and obligations under this Section 13, or any other provision of this Agreement, shall not Maintenance Services Agreement
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be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 13 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 13 shall survive the expiration or termination of this Agreement.
E. Nonwaiver of Rights. Indemnities do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify against any such negligence.
F. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnities.
14. Insurance Requirements for City of Pico Rivera Public Works Contract.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000.00) per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the Maintenance Services Agreement
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performance of Services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section 14.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00)_ per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 15 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.
Self-insurance shall not be considered to comply with the insurance requirements under this Section 14.
C. Additional Insured. The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Project, regardless of any inconsistent statement in the policy or an subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 14 shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 14 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 14 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section 14 is Maintenance Services Agreement
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canceled or reduced in coverage or limits, Contractor shall, within two business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 14 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 14, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.
Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 14. The endorsements are subject to City’s approval.
Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current insurance certificates and endorsements on file with City’s Risk Manager at all times during the term of this Agreement. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements must specifically name the CITY OF PICO RIVERA and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 13 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 14.
L. Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due to the Maintenance Services Agreement
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Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
M. Subcontractors. Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.
15. Antitrust Claims. Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
16. Familiarity with Work.
A. By executing this Agreement, Contractor represents that it has 1) Thoroughly investigated and considered the scope of services to be performed;
2) Carefully considered how the services should be performed; and 3) Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. If services involve work upon any site, Contractor warrants that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should Contractor discover any latent or unknown conditions that may materially affect the performance of the services, Contractor will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from City.
17. Hazardous Materials and Unknown Conditions. Contractor shall notify City in writing of the discovery of any of the following conditions, without disturbing the condition, as soon as Contractor, or any of Contractor’s subcontractors, agents or employees have knowledge and reporting is possible:
A. The presence of any materials that the Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code; B. Subsurface or latent physical conditions at the site differing from those indicated in the Scope of Services;
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of this character provided for in this Agreement.
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Pending determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
City shall promptly investigate the reported conditions. If City, through its Director of Community Development and Public Works, or his or her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, then City shall issue a change order.
In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
18. Utilities Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the Scope of Work. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed damages for delay arising from the removal or relocation of such unidentified utility facilities.
19. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth; and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to City from Contractor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
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20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference.
21. Workers’ Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
22. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.
23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractors pursuant to California Labor Code Section 1777.1 or 1777.7 or any other federal of State law providing for the debarment of contractors from public works. If the Contractor of any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
24. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement.
25. Payment Bond. Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit D and incorporated herein by this reference.
26. Substitution of Securities. Pursuant to Public Contracts Code Section 22300, Contractor shall be allowed to substitute securities for any moneys withheld by the City to ensure performance under the Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in this state as the escrow agent, who shall Maintenance Services Agreement
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then pay those moneys to the Contractor. Upon satisfactory completion of the Agreement, the securities shall be returned to the Contractor.
27. Contractor’s Representations. Contractor represents, covenants and agrees that:
a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.
28. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the work under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.
29. Third Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to the Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.
30. Non-Assignability; Subcontracting. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without City’s prior written consent. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of present ownership and/or control of Contractor. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder with the express consent of the City.
31. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court.
32. Attorneys’ Fees and Costs. If either party to this Contract is required to initiate or defend or made a party to any action or proceeding in any way connected with this Maintenance Services Agreement
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Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
33. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
34. Authority. The persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder.
35. Integration; Amendment. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.
36. Incorporation by Reference. All Exhibits attached hereto are incorporated herein by reference. The documents, payment and performance bonds, City insurance requirements, Community Workforce Agreement, together with this written Agreement (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control.
37. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.
38. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of this Agreement.
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39. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
40. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:
To City:
Noe Negrete, P.E.
Director of Public Works
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
To Contractor:
Patrick Mahoney
President
West Coast Arborists, Inc.
2200 E. Via Burton,
Anaheim, CA 92806
41. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
42. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [This section is intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.
CITY OF PICO RIVERA
By: ____________________________
Steve Carmona, City Manager
ATTEST:
By: ____________________________
Cynthia Ayala, City Clerk
CONTRACTOR
WEST COAST ARBORISTS, INC.
By: ____________________________
Printed Name: Patrick Mahoney
Title: President
APPROVED AS TO FORM:
By: ____________________________
Arnold Alvarez-Glasman, City Attorney
Exhibit A
EXHIBIT A
Scope of Work
EXHIBIT A
1. SCOPE OF WORK
It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely following tree maintenance activities at various sites throughout the City:
GPS Tree Inventory
Online Maintenance Access*
Grid Pruning
Service Request Pruning
Palm Trunk Skinning
Tree Removal
Stump Removal
Tree Planting
Root Barrier
Emergency Services
Arborist Service / Inspection
Online maintenance is defined as Internet access to Urban Forestry Management Software for GPS tree inventories that include work order tracking, ability to send work requests, including but not limited to, maintenance recommendations, tree conditions, pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, recycling reports, live job balance, contractor equipment GPS location monitoring.
Prior to beginning work, contractor shall review with the City administrator various methods, tools, and work scheduling to be used.
Contractor shall notify affected residents forty-eight (48) hours in advance of scheduled work.
2. UNIFORMS AND IDENTIFICATION BADGES
A. The Contractor shall ensure that their employees are appropriately identified.
B. The Contractor shall ensure that every on-duty employee wears a visible photo identification badge identifying the following: employee name, physical description, and Contractor
he/she is on City designated property.
C. Contractor shall require each of his personnel to adhere to basic public works standards of working attire
required by OSHA. Brightly colored safety vests or reflectors shall be worn when
personnel are working near vehicular traffic. Contractor shall comply with all OSHA and ANSI Z133 safety equipment for tree workers.
3. EQUIPMENT
A. Equipment will be of the highest quality available in order to produce the quality of work required. Equipment shall be maintained in good condition at all times. All parts and systems of the collection equipment shall operate properly. Any equipment not meeting these standards shall not be used until the equipment is repaired and meets the standards stated in this section. Should the City at any time give notification in writing to contractor that any vehicle does not comply with the standards set forth herein, the vehicle shall immediately be removed from service in the City and shall not be used again until approved in writing by the Director of Public Works or his designated representative.
B. Contractor shall provide an adequate number of vehicles and equipment for the tree maintenance services for which it is responsible under the Agreement. All equipment shall conform to the highest industry standards, shall be maintained in a clean and efficient condition and shall comply with all measures and procedures promulgated by all agencies with jurisdiction.
C. Contractor shall make available sufficient back-up capacity to ensure that service remains uninterrupted during the life of the Agreement. The City may specify a minimum level of back-up equipment required. Cost for back-up equipment shall be the sole responsibility of the Contractor.
D. The tree maintenance equipment must be designated and operated while on the route in such a manner as to prevent solid or liquid wastes from escaping the vehicle. Transport vehicles or containers must have solid front, sides, and rear, and the top shall be tarped, or otherwise tightly enclosed. Branches, suckers, bark, and other tree parts that are chipped are to be covered while transported and hauled away to the disposal site. Any spillage of materials which occurs during the tree maintenance function shall be immediately cleaned up by the Contractor at its expense. A broom and shovel shall be carried at all times on each vehicle for this purpose. Vehicles shall be washed at least once a week.
E. Contractor
testing by an independent testing entity approved by the City. Each vehicle used for collection, hauling and disposal services identified in this Agreement shall be equipped with an audible warning device that is activated when the vehicle is backing up.
F. The Contractor shall maintain its vehicles and collection equipment free of graffiti.
4. CONTACT INFORMATION
A. The Contractor is required to maintain an office and provide the telephone services so that all calls from the City have no toll charge. If a telephone answering service is utilized, the answering service shall be capable of contacting Contractor by radio or cell phone.
Contractor is further required to provide the City with a 24-hour emergency number for contact outside normal working hours. In response to a call from the City, Contractor shall respond within 2 hours.
B. The Contractor shall designate in its proposal a Contract Manager. The Contractor shall not change this designation without prior approval of the City, excluding cases of termination of the employee. The Contract
with the Contractor. The Contract Manager shall meet with the City as necessary to effectuate the purposes of the Agreement. The Contract Manager must be knowledgeable with all aspects of the Agreement.
C. The person designated as the Contract Manager shall have at least two (2) years experience in the management of tree maintenance service contracts for municipalities with population 25,000 or more.
D. If the Contractor chooses to employ subcontractor(s) with expertise beyond that of the Contract Manager, the City shall have direct access to a designated representative from the subcontractor(s). The designated representative from any subcontractor(s) shall be designated in the Bid. The Contractor or subcontractor(s) shall not change this designation without prior approval of the City, excluding cases of termination of the employee.
E. Contractor
ultimate responsibility to fulfill every requirement of the Agreement.
5. SAFETY
A. The Contractor agrees to perform all work outlined in this Scope of Work in such a manner as to meet all accepted standards for safe practices during maintenance operations and to safely maintain and operate all equipment, machines, and materials consequential or related to the work; and is solely responsible for complying at all times with all local, County, State, Federal, or other legal requirements including, but not limited to, California Department of Food and Agriculture, O.S.H.A. Orders, Department of Transportation Drug and Alcohol testing provisions, CalTrans Traffic Control Manuals, and APWA Traffic Control Handbook, so as to protect all persons, including Contractor of the City, vendors, members of the public, and others from foreseeable injury to themselves or damage to their property. Furthermore, Contractor must contact Underground Service Alert (Dig Alert) before excavating a location, as necessary.
Contractor shall inspect all hazards and potential hazards in maintained areas and keep a log indicating the date inspected and action taken. All employees working within the roadway right-of-way shall wear reflective safety vests.
B. It shall be the Contractor
conditions that render any portion of the maintained areas unsafe. The City shall be
notified immediately of any unsafe conditions that require major correction. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring in any of the maintained areas, including a complete written report thereof to the City within five (5) days of the injury or death.
C. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. Contractor must utilize Line Clearance Qualified Tree Trimmers while working within 10 ft. of high voltage power lines. In the event that aerial utility wires immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the Contractor is responsible for properly marking the location and appropriate notification of Underground Service Alert (USA).
D. No hooks, gaffs, spurs, or climbers will be used for climbing trees unless specifically approved by the City administrator.
E. Contractor shall comply with Standards of CAL OSHA and the American National Standards Institute (ANSI) Z133 Safety Requirements for Arboricultural Operations.
6. EMERGENCY PROCEDURES
The Contractor shall immediately report any emergency situations by calling the following:
During business hours, the Contractor
at (562) 801-4415.
After-hours, the Contractor shall contact the Public Works Stand-by Employee at (562) 755-0768.
7. HOURS AND DAYS OF SERVICE
A. Maintenance service may be conducted between the hours of 9:00 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets.
B. The days of operation shall be Monday through Friday. No work shall be performed on Saturday, Sunday or Holidays unless authorized by the City.
C.
execution of this Agreement and the Contractor and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 2 of the Labor Code of the State of California as amended.
8. GPS TREE INVENTORY
A. Within the first 90-days of the contract term, the Contractor shall be required to provide to the City access to a record-keeping system consisting of an Internet-based software program that allows the City to maintain information about its tree inventory, including the description of each tree by species, height, diameter, work history, and site location.
Additionally, the program should generate the estimated monetary value of the urban forest, recycling reports, live job balance, and contractor equipment GPS location monitoring. The program shall be capable of producing detailed listings of tree and site information, work histories, service requests, summary reports, and pictures of City tree species. Contractor shall provide software support to the City for the entire term of the contract. Provisions of the GPS Tree Inventory System include:
1. Contract by an ISA Certified Arborist, including coordinates for all trees in public places. This includes, but is not limited to, all publicly owned trees on street rights-ofway, in parks, at City facilities, and in open spaces such as medians and greenscapes.
This tree inventory update will review the previous tree inventory list and ensure its accuracy, adding or deleting trees to create the most precise inventory. The address information in the inventory should be linked directly to a GIS program, such as ArcView. The inventory collector will identify the trees by their global coordinates (longitude and latitude). By collecting the data using the GPS system, the City can consolidate the tree data with other GPS-coded programs within the City.
2. Contractor shall have at a minimum five (5) years of experience in collecting tree inventories for cities and other public agencies and developing inventory databases, Forest. Contractor shall have developed a complete and comprehensive computer software program for at least five (5) California cities. The program should have developed based on the needs of the City. The user-friendly program should allow the City to generate a variety of reports quickly.
3. The tree inventory program must include a mobile application for field use. The application must reflect live data as it exists in the tree inventory program. The functionality of the mobile application must be compatible with Android systems, be usable for precision mobility view as user moves through canopied areas, include multiple layer features including aerial imagery and street names, display tree icons based on precise GPS coordinates, be able to display live work history records, and allow live data updates.
4. Provide not less than two training sessions in the use and management of the street tree database with City staff to include hands-on demonstration.
5. The inventory system described above shall be considered an instrument of service under this Contract, and shall remain the property of the City during the life of and following the termination of this Tree Maintenance Agreement.
6. Contractor shall provide routine software maintenance, archive, backup, restore, and disaster recovery procedures as may be requested by the City. Contractor shall provide complete software support rapidly, with experienced staff available to the City during the hours of 7:00 a.m. to 5:00 p.m. Monday through Friday.
9. WORK QUALITY
All tree pruning shall comply with good arboriculture practices for the particular species of trees being trimmed and shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture (ISA).
Contractor shall also meet the requirements of the current American National Standards and payment shall not be made for pruning that is not in accordance with the above standards.
The Contractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.
10. GRID PRUNING PROGRAM
At the direction of the City, the tree pruning will be done per pre-designated grids on a set cycle to include all trees regardless of size. Pruning will include structural pruning, crown raising, and crown cleaning. The intent of this contract is to have all trees pruned a minimum of one time by the end of the three (3) year contract period.
11. SERVICE REQUEST PRUNING
As directed by City staff, trees that need service prior to their scheduled grid trim shall be trimmed within two weeks of notification by the City to the Contractor. Pruning will include structural pruning, crown raising, and crown cleaning. The pruning shall provide a symmetrical shape and aesthetically pleasing appearance typical to the species.
12. PRUNING STANDARDS
A. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
B. Topping shall not be done unless specifically requested by the City.
C. The specific techniques employed shall be consistent with industry practice for the size and species of the tree being pruned. All dead, broken, damaged, diseased, or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal
limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
D. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen percent (15%) but no more than twenty-five percent (25%).
E. Prune to remove dead wood, or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
F. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
G. Heading cutes and/or topping will not be allowed without City approval. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.
H. Trees shall be trimmed to provide a minimum clearance of fourteen (14) feet and no greater than sixteen (16) feet above finish grade for moving vehicles within the traveled roadway and seven (7) feet for pedestrians over sidewalks. Clearances for adjacent structures and their connecting utility lines shall be determined by City staff. Trees shall also be pruned to remove any obstruction around traffic control devices, traffic signs, and street lights. Additional pruning shall be performed to mitigate any extreme effect of the clearance pruning and provide an aesthetic appearance.
I. When pruning bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
13. PRUNING PALM TREES
Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters, and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by City staff in accordance of the following:
A. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City administrator. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning palm trees.
B. Palm Skinning Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty- - from the base of the green fronds at the top of the tree. The frond stubs (cut close to the trunk) can be -six
14. TREE REMOVALS
Upon notification by City staff to Contractor of trees to be removed, Contractor shall notify affected residents at least forty-eight (48) hours in advance and submit USA ticket. Contractor ) and haul all debris. Stumps
shall be cut low enough to the ground where grinding can be done safely. All holes shall be backfilled the same day. The resultant chips from grinding may be used to fill the hole to two All excess grinding chips and debris will be removed
and loaded into transport vehicles for disposal. No wood or debris shall be left along the public right-of-way. All tree parts are to be loaded into transport vehicles or containers. Any damaged paved surfaces shall be restored to their original condition.
15. STUMP REMOVAL
Upon notification by City staff to contractor of stumps to be removed, Contractor shall notify affected residents at least forty-eight (48) hours in advance and submit USA ticket. Contractor shall cut remaining stump low enough for grinding to be done safely and grind to a depth of ground level. All excess grinding chips and debris will be removed and loaded into transport vehicles for disposal. No wood or debris shall be left along the public right-of-way. All tree parts are to be loaded into transport vehicles or containers. Any damaged paved surfaces shall be restored to their original condition.
16. TREE PLANTING
Tree planting includes the tree, stakes, ties, and complete installation and watering at time of installation as directed by City staff. Planting lists will be compiled by the City and submitted as needed. Contractor will guarantee the quality of the tree stock and the workmanship.
A. Contractor shall provide all equipment, labor, and materials necessary for the planting of trees at City marked locations. Contractor shall notify affected residents at least forty-eight (48) hours in advance and submit a USA ticket.
B. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit, the Contractor shall examine the root ball for injured roots and the tree canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
C. Trees shall be placed in the planting pit with its original growing level (the trunk flare) at the same height as the surrounding finish grade. In grass-covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree concrete.
D. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it is put into the hole.
E. -
basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.
F. All trees shall be staked with two wood lodge pole and two ties per pole. Minimum size of ties shall be placed at one third (1/3) and two thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four -
G. Trunk protectors such as Arbor-Gards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.
H. In some cases, root barriers may be required. The City will make this determination.
Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that may damage depth and at a length determined by the City and placed in a circular fashion surrounding I. Contractor shall clean up all trash and any spilled soil or dirt on paved surfaces at the end of each working day.
J. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the current ANSI Z60.1 Standards. Trees shall be free from pests, disease, and structural defects.
17. EMERGENCY RESPONSE
The Contractor shall be required to provide emergency on-call response for damaged trees as a result of storms or other unforeseen circumstances. Emergency calls may occur at any given time. The Contractor will be provided with locations and work to be done via telephone call by a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.
Contractor shall be required to provide a twenty-four (24) hour emergency phone number and the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phones number change during the course of the contract, those changes shall be submitted to the City within two (2) working days.
Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any utility lines, the Contractor shall be required to notify the responsible utility company.
Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools, equipment, disposal fees, and necessary materials.
18. ARBORIST SERVICES
On occasion, the City requires tree evaluations including written reports. The vendor shall of detailed arborist reports, tree risk assessment reports, tree evaluations, and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis.
19. PESTS AND DISEASES
Upon working on any tree known or suspected to be diseased or infested, Contractor shall disinfect all tools and cut surfaces after each cut and between trees. All material and debris te or used as mulch off
site. Debris shall be handled in a manner consistent with the latest version of all appropriate Best Management Practices (BMP) which minimizes the chances of spreading infection or infestation. No additional charges for disinfection or special handling shall be allowed.
20. PESTICIDE TREATMENT OF TREES
-house Qualified Applicator apply chemicals in accordance with -
applicable product labels and regulations. Applications will be made by drench, spray, or injection as conditions warrant. City policy encourages the use of the least toxic pesticide required for effective control of a given pest.
21. PESTICIDE USAGE AND REPORTING
Contractor shall submit Pesticide Usage Reports to City at the end of each month summarizing the facilities treated, pests treated, pesticides used, pesticide application rates, man hours, and equipment. Reports will provide all information needed in a format sufficient for all annual reporting, including IPM and NPDES.
22. TRAFFIC CONTROL
Contractor shall conform to all City traffic safety requirements and operating rules at all times.
Contractor shall employ staff certified as Traffic Control Design Specialists and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA).
Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include high visibility Arrow Boards as necessary. The City, prior to use, must approve all traffic safety equipment.
Illuminated arrow boards, sign stands, delineators, and/or cones shall be used to identify work sites for vehicular and pedestrian safety.
23. CLEAN UP
Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and sweep streets. shall any brush, leaves, debris, or equipment be left on the street overnight. City staff shall be the sole judge as to the adequacy of the clean-up.
24. INVOICING AND PAYMENT
Contractor shall submit invoices monthly, at a minimum. Invoice format shall include, but not be limited to, the address, species, height, and dbh of each individual tree. Failure to submit invoices in this format may result in non-payment until these requirements are met.
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following:
Defective or inadequate work not corrected
Claims filed, or reasonable evidence indicating probable filing of claims A reasonable doubt that the contract can be completed for the balance unpaid.
25. ENFORCEMENT PROVISIONS
The City will assess penalties against the Contractor for unsatisfactory performance in the Complaints and requests received by the City will be forwarded to the Contractor as soon as possible. Contractor will maintain a computer record of all complaints and requests received from the City. This record will include the date and time when all complaints and requests are received as well as the date and time the complaint or request has been resolved. All complaints, requests, and responses must be recorded within 24 hours of receipt of the complaint or request and resolution by Contractor. A copy of this record shall be available for inspection upon request by the Director.
The City will provide the Contractor with five days written notice of any proposed penalty.
The required response times listed below are applicable for complaints and service requests received by the City and forwarded to the Contractor. The response times will always be based on the time the complaint or request is forwarded to the Contractor by the City.
A. Failure to correct deficiency(ies) Contractor is responsible for corrected any deficiency within 24 hours. A penalty of $500.00 will be assessed any time a deficiency is not
corrected within 24 hours from the receipt of the complaint. An additional $100.00 will be assessed for each additional 24 hour period the deficiency is not corrected.
B. Failure to process claim for damages A penalty of $100.00 will be assessed for failure to process a claim for damages within thirty (30) days from the date submitted to Contractor.
C. Failure to provide reports A penalty of $25.00 will be assessed for each day after the due date each report required of the Contractor is not provided to the City.
D. Excessive Complaints A penalty of $2,500.00 will be assessed when more than 25 complaints regarding the Contractor are noted within one calendar year.
E. Operating during unauthorized hours A penalty of $200.00 will be assessed for any occurrence of the Contractor operating during unauthorized hours, except when authorized in writing by the City.
F. Failure to provide record of service requests/complaints A penalty of $200.00 will be within 72 hours of the request by the City.
G. Failure to maintain equipment A penalty of $50.00 will be assessed for any occasion H. Failure to maintain records A penalty of $2,000.00 will be assessed if the Contractor fails to maintain any records required by the Agreement.
I. Excessive violations of service requirements The penalty will increase by 25% for any of the above indicators when the City has had to assess the same penalty more than 15 times. The penalty will increase an additional 25% for each additional five occurrences of the same penalty.
J. Failure to respond to emergency request A penalty in the amount of three (3) times the perform shall be assessed.
26. MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
The City may modify this Scope of Work with the joint approval of the Contractor and the City administrator. All modifications shall be in writing.
In the event that the City should require additional work beyond this Scope of Services, the Contractor shall provide a competitive quote for the work and the City shall approve the quote in writing prior to commencement of the additional work.
Exhibit B
EXHIBIT B
Contractor’s Proposal
Exhibit C
EXHIBIT C
Terms for Compliance with California Labor Law Requirements
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.
Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
Exhibit C
7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion thereof, for each worker, until strict compliance is effectuated.
8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Exhibit C
11. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
12. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.
Tree Care Professionals Serving Communities Who Care About Trees June 3, 2026
Mr. Miguel Lucero
Senior Analyst, Public Works
City of Pico Rivera
6615 Passons Road
Pico Rivera, CA 90660
RE: Tree Maintenance Services
Dear Mr. Lucero,
www.WCAINC.com
West Coast Arborists, Inc. (WCA) values the longstanding and productive working relationship we have developed with the City of Pico Rivera over many years. Throughout our partnership, WCA and the City have remained committed to the shared goal of preserving, maintaining, and enhancing the health, safety, and integrity of the City's urban forest.
At this time, WCA respectfully proposes entering into a new agreement for tree maintenance services utilizing a cooperative purchasing, or "piggyback," approach through the City of Rosemead's recently awarded multi-year tree maintenance contract.
The City of Rosemead's contract was competitively solicited and awarded and includes unit pricing, terms, and conditions that are both fair and competitive within the municipal urban forestry industry. WCA is pleased to extend the same pricing structure, contract terms, and service conditions to the City of Pico Rivera under this cooperative arrangement.
WCA appreciates the opportunity to continue serving the City of Pico Rivera and looks forward to maintaining our strong partnership and commitment to providing safe, professional, and responsive tree maintenance services to the community.
Should you have any questions or require additional information, please do not hesitate to contact me directly at (800} 521-3714.
Sincerely,
(/a,. Pt-6tf--
Victor M. Gonzalez
Vice President, Business Development
West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.3745 16b
RFP No. 2025-10 Page 1
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS NO. 2025-10
CITYWIDE TREE MAINTENANCE SERVICES
SUBMITTALS:
Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https://pbsystem.planetbids.com/portal/54150/portal-home Proposals shall be submitted through the PlanetBids Vendor Portal no later than May 23, 2025, at 10:30 am
CONTACT PERSON:
Chris Camacho
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
(626) 569-2260, [email protected]
TO PARTICIPATE IN THIS REQUEST FOR PROPOSAL, VENDORS MUST CREATE AN ACCOUNT ON PLANETBIDS OR LOG IN TO AN EXISTING ACCOUNT. PROPOSALS MUST BE RECEIVED ELECTRONICALLY VIA PLANETBIDS. PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED.
Please direct any questions or concerns regarding this RFP on the City’s PlanetBids Vendor Portal no later than May 16, 2025, at 5:00 pm. Answers to submitted questions will be posted on Planetbids.
This RFP is posted on the City's website and Vendor Portal Hosted by PlanetBids at:
https://pbsystem.planetbids.com/portal/54150/portal-home Please review the requirements of the RFP and submit your proposal by the date specified.
Issued by: Department of Public Works, City of Rosemead 16c
RFP No. 2025-10 Page 2
CITY OF ROSEMEAD
REQUEST FOR PROPOSALS
FOR
CITYWIDE TREE MAINTENANCE SERVICES
RFP NO. 2025-10
A. OBJECTIVE
The City of Rosemead is soliciting proposals from qualified firms to provide annual services for the maintenance, removal and replacement of trees, as needed, within the City’s Urban Forest. The City has approximately 6,200 street and park trees that comprise its inventory. The City of Rosemead is currently on a four-year grid pruning cycle. The City is interested in changing to a three-year grid pruning cycle.
The initial contract term following this bidding process shall be for a period of three (3) years effective July 1, 2025, through June 30, 2028, unless terminated, as provided therein. The City reserves the right to extend the term of this contract for two (2) additional one-year extensions subject to satisfactory negotiation of terms.
B. BACKGROUND OF THE CITY
The City of Rosemead is an urban suburb community within the San Gabriel Valley, located approximately 10 miles east from the Los Angeles downtown area. Its boundaries extend northward to the cities of Temple City and San Gabriel, westward to the City of Monterey Park, Alhambra, and unincorporated Los Angeles County, southward to the City of Montebello, and eastward to the cities of El Monte and South El Monte. The city encompasses an area of 5.5 square miles (2,344 acres). Rosemead is characterized as a working-class suburb with a diverse population composition. According to the 2021 Census, the city’s population was reported at 50,245.
C. SCOPE OF SERVICES
Please see “Exhibit A” for the detailed scope of work for the requested Tree Maintenance Services.
D. PROPOSAL SUBMISSION
The proposal shall be submitted to the Planetbids.com portal.
The City of Rosemead’s Vendor Portal is hosted by PlanetBids at:
https://pbsystem.planetbids.com/portal/54150/portal-home Proposal submittal due date is:
May 23, 2025, at 10:30 AM.
RFP No. 2025-10 Page 3
Late Proposals will not be accepted.
E. CONTRACTOR SELECTION SCHEDULE
Release of Request for Proposals: April 24, 2025
Mandatory Pre-Proposal Meeting: May 8, 2025
Deadline to Submit Questions: May 16, 2025
City Response to Questions: May 20, 2025
Proposals Due: May 23, 2025
Tentative City Council Award: June 10, 2025
First Day of Contract Service: July 1, 2025
F. MANDATORY PRE-PROPOSAL MEETING
All parties submitting proposals are instructed to attend a mandatory pre-proposal meeting. The meeting is scheduled for Thursday, May 8, 2025, at 9:00 a.m. at Rosemead City Hall Council Chambers, 8838 E. Valley Boulevard, Rosemead, CA 91770. Representatives of the City of Rosemead Public Works Department will be present at the meeting.
The purpose of this meeting is to familiarize contractors with the scope of work and to answer any questions which may arise prior to submitting proposals. Attendance at this meeting is MANDATORY for those intending to submit proposals. Failure to attend the mandatory pre-proposal meeting shall result in the Contractor’s disqualification from the RFP process.
G. STANDARD CITY CONTRACT AND INSURANCE REQUIREMENTS
City's Standard Services Agreement template is provided as Exhibit B. Please review and provide any comments you have. City does not guarantee that any revisions to contract language will be accepted.
H. EVALUATION PROCESS & CONTRACTOR SELECTION METHODOLOGY Evaluation Criteria
The City will evaluate the Proposals submitted and select the most qualified contractor.
In evaluating the Proposals, the City may consider the following factors:
RFP No. 2025-10 Page 4
CRITERIA CATERGORIES: MAX POINTS
Experience and Qualifications: Demonstrated experience providing municipal-scale tree trimming services conducting contracts of similar scope and complexity. Include certifications (e.g., ISA Certified Arborist), licenses, etc. 20 Capabilities and Approach: Demonstrated capacity and capability to meet with City’s needs. Equipment and maintenance facilities evaluation. Clarity and feasibility of proposed trimming schedule, crew structure, equipment list, response times, and safety protocols.
30 References and Past Performance: Quality of performance on similar contracts (minimum 3 references), including client satisfaction, timeliness, and responsiveness.
15 Responsiveness and Completeness: Proposal is well-organized, with all requested information included and thoroughness of proposal. A demonstrated understanding of the objectives and a strategy to meet the contract requirements.
10 Staffing Plan: Availability of personnel for required tasks. Clearly defined roles and responsibilities. Credential and training of staff. 10 Pricing and Cost Proposal: Competitiveness and reasonableness of cost, including hourly rates and emergency response pricing. Provide unit pricing schedule if applicable.
10 Community Benefit: Commitment to participate in City-approved community service (e.g., school events, Earth Day planting, Chamber of Commerce membership).
5 Total Possible Points 100
To support local engagement and community investment, the City of Rosemead will award up to 1% of the total evaluation points to any vendor that either: (1) maintains a physical business location within the City of Rosemead and holds a valid business license for at least one (1) year prior to the RFP release date, or (2) has satisfactorily completed work for the City within the past five (5) years. Additionally, the City may award up to 4% of the total evaluation points to firms who commit to performing City reviewed and approved community service activities in Rosemead during the term of the contract. While the City does not prescribe specific qualifying activities, vendors are encouraged to propose services that offer meaningful community benefits. Examples include—but are not limited to—providing scholarships to Rosemead school-age residents, participating in City-sponsored cleanup events, engaging in local school programs such as reading to students, donating trees for City Earth Day celebrations, or maintaining active membership with the Rosemead Chamber of Commerce. All proposed activities are subject to City approval.
Required Submittals
Minimum Qualifications and Reference Contact Information A. Statement of Qualifications Including:
i. Contractor’s License/Registrations
RFP No. 2025-10 Page 5
The Contractor shall be a DIR registered contractor when the bid proposal is submitted.
It is highly desirable that the Contractor possess a Class C-49 (Tree and Palm Contractor). Contractors holding a C-61/D-49 license before January 1, 2024, may continue under that classification but are encouraged to obtain the C-49 license.
License must be valid, current, and in good standing with the California State Contractor Licensing Board. A copy of the contractor’s license and DIR registration shall be included in the submitted Proposal.
ii. Qualified Personnel
The Contactor shall assign a competent and qualified supervisor, who shall be a current ISA-certified Tree worker or Arborist, to always be on the job site while work is being performed. The Contractor ensures that they, their employees and the subcontractors have all necessary licenses required for the adequate performance of the work outlined by the RFP/contract. Names, staff qualifications, and proposed duties of staff to be assigned to this project. ISA Certified Arborist assigned to be Site Supervisor must be English speaking and authorized to act on behalf of firm.
iii. List of staff minimum qualifications required:
a. All ISA Certified Arborists employed by the firm.
b. All ISA Certified Utility Arborists employed by the firm. c. All ISA Certified Municipal Specialists employed by the firm. d. All ISA Certified Tree workers employed by the firm. e. All ISA Certified Urban Foresters employed by the firm. f. All ISA Board Certified Master Arborists employed by the firm. g. All Utility Line Clearance Tree workers employed by the firm. h. California State Licensed Pest Control Advisor and Applicator employed by the firm.
i. American Society of Consulting Arborists (ASCA) Registered Consulting Arborist employed by the firm to consult on tree health issues. j. Technicians providing technical support for inventory software. Traffic Control Design Specialist(s) and Traffic Control Technician(s) in accordance with the American Traffic Safety Services Association (ATSSA). k. NCCCO licensed crane operators license employed by the firm. iv. References
Contractor should have at least three (3) similar and separate California municipal multi-year tree maintenance contracts which have been successfully completed within the last five (5) years. Each project shall be of comparable size and scope of this project (descriptions of these projects and contact persons must be provided with bid submission). These projects must also include work in tree inventory(ies).
RFP No. 2025-10 Page 6
The proposal shall include a detailed description of their proposed inventory program along with sample reports.
v. Corporate Capability
a. Affirmative statement of compliance with indemnity and insurance requirements. Provide proof of Insurance Rating of A- (or higher). b. All licensing required to complete defined scope of work vi. Equipment
A complete list of machinery and equipment, including year, serial number and license number, to be used specifically for this project and all available equipment in reserve to allow for breakdowns. All equipment must in good working order; and shall be maintained and operated in full compliance with OSHA regulations and State of California Department of Transportation (DOT) requirements. Must include high range aerial lift trucks capable of reaching 95ft, 15-ton crane and operational mobile Wood Mill.
vii. Information Management
a. A written description of the proposed software program to be used to manage the City’s Tree Inventory and firm’s ability to provide accurate inventory updates for all trees serviced.
b. A statement describing the firm’s ability to provide data for the City’s Geographic Information System (GIS).
viii.Quality Control Plan
a. A written description of the firm’s plan to report green waste generated and the method for its reuse.
b. A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City.) c. The methodology in which the firm will handle complaints from the public and damage to public and private property.
d. Effective means to correct problems.
e. The means the firm will use for completing the project. ix. Employee Training & Safety Plan
a. A written description of the firm’s internal tree maintenance and arboricultural training program.
b. Contractor must submit safety procedures with bid, regarding the company’s Injury and Illness Prevention Program (IIPP.) c. Contractor must provide copies of their Experience Modification Rating (“EMR”) worksheets issued to the Contractor by the California State Worker’s Compensation Insurance Rating Bureau (WCIRB) for the past RFP No. 2025-10 Page 7
three years.
x. Project Plan
Provide a detailed discussion of your firm’s approach to the successful implementation of this project. Describe in detail how you would achieve a 3-year grid pruning cycle / inspection program and how do you assure that the trees that got pruned in prior years are not getting pruned again. Include tree management approach, priorities and the discussion of methodologies. xi. Performance History
The Contractor shall include in its Proposal a complete disclosure of any prior or on-going contract failures, any litigation or investigation pending which involves the Contractor or in which the Contractor has been judged guilty or liable within the last five (5) years. If there is no negative performance history to disclose, the firm shall affirmatively state in its Proposal there is no negative performance history to report.
Failure to comply with the terms of this provision may disqualify any proposal. The City reserves the right to reject any proposal based upon the firm’s prior documented history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures.
I. PROPOSAL SUBMITTAL FORMAT
Proposal shall be submitted in the format specified below:
Cover Letter: Provide an executive summary of your proposal.
Table of Contents: Provide contents of proposal with page number references for each proposal section listed below.
Section 1. Approach, and Scope of Work: Provide your understanding of the project, scope of work, and describe your approach in providing services.
Section 2. Project Team, Key Personnel and Resumes: Provide an organization chart showing the names and responsibilities of key personnel and subconsultants. Provide resumes of all key personnel identified in the organization chart.
Section 3. Company Qualifications: Provide qualifications of your firm, emphasize similar services provided, and local experience.
Section 4. References: Provide 3 Public Agency references for similar projects.
RFP No. 2025-10 Page 8
Section 5. Standard City Contract and Insurance Requirements: Proposers shall review the attached Standard City Contract and Insurance Requirements and provide a statement that they will comply with all aspects of the Agreement or provide any comments that they would like the City to consider.
Section 6. Addenda Acknowledgement: If any Addenda is issued by the City, they shall be acknowledged in this section.
Cost Proposal: Contractor must provide a fixed fee for each item listed on the City provided Cost Proposal forms. The City provided form must be utilized and be submitted as a separate “Cost File” submission on the City’s Vendor Portal.
J. CONTRACT AWARD PROCEDURES
Recommendation of Award
It is the City's intent to award a single contract to the contractor that can best meet the requirements of the Request for Proposals document. The City reserves the right to award a contract to multiple contractors or a single contractor or to make no award, whichever is in the best interest of the City.
Negotiation
After selection by City, the successful Contractor will meet with City to review its Proposal, to reconfirm that the Proposal conforms to all minimum requirements established herein, to clarify any items contained herein, and to determine if the Contractor is aware of any ambiguities, inconsistencies, conflicts, errors or omissions in this RFP.
If the final negotiation of the Contract, with the highest ranked Contractor, is not successful, the City reserves the right to terminate the negotiations and begin negotiations with the next highest ranked Contractor. This right shall be continued until a satisfactory Contract can be negotiated or until the City elects to reject all Proposals.
K. CITY’S RESERVATION OF RIGHTS
City reserves the right to determine, in its sole discretion, whether any aspect of a Proposal satisfactorily meets the criteria established in the RFP and the right to seek clarification or additional information from any Contractor submitting a Proposal. City also reserves the right to modify any documents at any time prior to receiving Proposals and to reject any or all Proposals; to extend the submission due date for the Proposals; to modify, amend, reissue or rewrite this RFP. In the event the RFP is withdrawn by City or if City does not proceed for any reason, City shall have no liability to any Contractor or any other entity for any costs or expenses incurred in connection with the preparation and submittal of a Proposal.
The City reserves the right to hold discussions and/or negotiations with any of the Contractors in furtherance of the City’s evaluation of any Proposal and execution of a contract with a Contractor. The City will hold these discussions and/or negotiations in a fair and impartial manner and will not communicate any confidential information from RFP No. 2025-10 Page 9
Contractor. In the event that any questions arise from such discussions and/or negotiations that require clarification to or modification of the performance requirements, the City will issue an addendum to all Contractors.
The City reserves the right to waive any informality or irregularity in a Proposal submitted. A Proposal may be considered non-responsive if:
• Significant elements requested in the RFP are not provided. • The Proposal fails to meet all mandatory program and performance requirements of the RFP.
• The Proposal is conditional, incomplete, or if it contains alterations of forms, additions not called for, or other irregularities that may constitute a material change to the Proposal.
All Proposals submitted by Contractors and any other correspondence in connection therewith will become the exclusive property of the City and will become public records under the California Public Records Act (Government Code Section 6250 et seq.). The City will have no liability to any Contractor or other party as a result of any public disclosure of any Proposal or the Contract.
L. PROTEST PROCEDURES
This section sets forth the protest remedies available with respect to the RFP. Each prospective consultant, by submitting its Proposal, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies.
Each prospective consultant agrees that the decision on any protest, as provided herein, will be final and binding on the protestant.
All protests and related statements described in this section shall be submitted to:
City of Rosemead-City Hall
8838 E. Valley Blvd.
Rosemead, CA 91770
Attn: Ericka Hernandez, City Clerk
M. PRE-CONTRACTUAL EXPENSES RESPONDING TO THE RFP PREPARATION The City is not liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Pre-contractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
• Preparing and submitting information in response to this RFP • Negotiations with the City on any matter related to this procurement • Costs associated with interviews, meetings, travel or presentations • All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.
RFP No. 2025-10 Page 10
The City reserves the right to amend, withdraw and cancel the RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution or only award a partial.
N. WAGES PAID TO CONTRACTOR’S WORKERS
Pursuant to California Labor Code Article 2, Wages, Section 1770 et seq., the work described herein is a “public work” as defined by this Article of the Labor Code and requires payment of prevailing wages pursuant to Labor Code Section 1771. Contractors are advised to familiarize themselves with this provision and with Departmental of Industrial Relations opinions and interpretations relative to tree maintenance. Failure to comply with the Labor Code may result in imposition of statutory penalties enumerated in Labor Code Section 1775.
ATTACHMENTS:
Exhibit A – Scope of Services
Exhibit B – Services Agreement Template and Insurance Requirements Exhibit C – Cost Schedule
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 1
SECTION I – CONTRACTOR RESPONSIBILITIES
The Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. Contractor may be required to perform the following tree maintenance activities at various sites throughout the City to the satisfaction of the Public Works Director, Public Works Manager or designee.
A. TREE INVENTORY
The Contractor will provide the City access to a record-keeping system consisting of an Internet-based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The City will provide the most up-to-date GPS inventory data to the Contractor upon award of contract. The tree inventory software program shall be an Internet-driven tracking program. Online Inventory should include a mobile application or full access via a mobile device as part of the online database. A dedicated mobile app native to both iOS and Android devices is preferred.
The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports, and pictures of City tree species. The Contractor shall provide software support to the City for the entire term of the contract.
The Contractor shall provide the City with recommendations for tree maintenance, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include address, street name, facility, species, diameter, crown, height, recommended maintenance, overhead utilities, parkway size and type, location type, tree health concerns, and root intrusions. This data must remain available to the City after the expiration of the Contract.
Optional GPS Tree Inventory
Upon request, Contractor shall provide the City with Global Positioning System (GPS) coordinates for each tree inventoried. The address information contained in inventory can be linked directly to a Geographical Information System (GIS) program, such as ArcView.
Using a handheld computer and a backpack GPS receiver, the inventory collector will identify the trees by their global coordinates of longitude and latitude within one meter of their location. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. At the end of the project, the City will receive a complete listing of all sites inventoried, both in hard copy and on the software, which will enable City to connect the inventory to the City’s GIS program and create various frequency reports.
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 2
B. TREE PRUNING
Tree pruning per pre-designed districts, grids or prune routes are on a set cycle to include all trees. Pruning includes structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. Special projects that are difficult to access, require the need for specialty equipment (i.e., 95-foot tower), service request pruning, or pruning to reduce and/or pruning to restore would fall under Crew Rental with prior approval from the Public Works Director, Public Works Manager or his designee.
1. Contractor shall provide all equipment, labor and materials necessary for the pruning of trees throughout the City in accordance with the specifications herein.
2. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements.
3. Contractor shall notify the resident 48 hours in advance of scheduled pruning.
4. Contractor shall provide and post “No Parking” signs 48 hours in advance of the work. Such signs will be string tied to trees.
5. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner that will cause the least possible interference and annoyance to the public. Work shall be performed by competent tree maintenance operations employees and supervised by an experienced English language speaker. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
6. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor’s personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA) at least three (3) days before pruning.
7. No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.
8. No hooks, gaffs, spurs or climbers will be used for anything other than removals.
9. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 3
10.When pruning trees with fungus, disease, or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. Such disease conditions shall be reported to City.
11.The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect-infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, one-half inch (½”), to the parent stem so that healing can readily start under normal conditions. All limbs two inches (2”) or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
12.Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least 15 percent but no more than 30 percent.
13.Trim to remove dead wood or weak, diseased, insect-infested, broken, low or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
14.Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
15.Heading cuts and/or topping will not be allowed under any circumstances.
Heading, rounding over or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.
C. ROOT PRUNING
Root pruning shall be performed upon request by the Public Works Director, Public Works Manager or designee. Root pruning will be performed no closer than 24 inches (24”) from base of tree and no deeper than 12 inches (12”).
1. Contractor shall provide all equipment, labor and materials necessary for the root pruning of trees throughout the City in accordance with the specifications herein.
2. No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.
D. TREE PRUNING FOR TRAFFIC CLEARANCE
Tree pruning for traffic clearance shall provide clearance of at least 14 feet (14’) and no greater than 16 feet (16’) above finish grade for moving vehicles within the traveled roadway, in accordance with the standards set forth by the International Society of EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 4
Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under “Pruning to Raise.” Clearance trims are performed on a grid system or on a street-by-street basis. Clearance for adjacent structures and their connecting utility lines (service drops), shall be determined by the Public Works Director, Public Works Manager or designee and conform to the following:
1. Contractor shall provide all equipment, labor and materials necessary for the pruning of trees throughout the City in accordance with the specifications herein.
2. The minimum clearance under trees within the street right-of-way shall be 14 feet (14’) over the traveled road, and nine feet (9’) over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
3. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral which is large enough to assume leadership.
4. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.
5. No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.
E. PRUNING PALM TREES
Palm tree pruning shall consist of the removal of all dead fronds, fruit clusters and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by the Public Works Director, Public Works Manager or designee, and in accordance the following:
1. Contractor shall provide all equipment, labor and materials necessary for the pruning of trees throughout the City in accordance with the specifications herein.
2. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the Public Works Director, Public Works Manager or designee. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning Palm trees.
3. Palm Skinning (additional service). Dead fronds and parts thereof including stubs can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately 24 inches to 36 inches (24” to 36”) from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least 18 inches (18”) but no greater than 36 inches (36”).
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 5
4. No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.
F. TREE REMOVALS
City prepares lists of trees to be removed, marks trees, notifies homeowners and submits lists to the Contractor. Removals shall be completed within ten (10) days of notice.
Contractor calls Underground Service Alert (USA) and prepares internal work order.
Contractor will be responsible for marking all USA for all assignments. Contractor removes tree and hauls all debris. Contractor shall grind stumps to a depth of 18 inches (18”). All holes will be backfilled, and all debris cleaned up and hauled away. Special projects that are difficult to access with equipment or that require the need for a crane or an aerial tower over 75 feet (75’) would fall under Crew Rental rates with prior approval from the Public Works Director, Public Works Manager or his designee. The Public Works Director, Public Works Manager or designee shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good, workmanlike manner in accordance with the standards of the arboricultural profession.
1. Contractor shall provide all equipment, labor and materials necessary for the removal of trees throughout the City in accordance with the specifications herein.
2. All wood from removed trees is the property of the City and shall be disposed of at the direction of the Public Works Director, Public Works Manager or designee. No wood shall be left along the public right-of-way unless approved by the Public Works Director, Public Works Manager or designee. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed.
The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site.
3. The City is responsible for marking trees so they are easily identifiable by Underground Service Alert and the Contractor. The Contractor shall be required to call Underground Service Alert at least three (3) days before stumps are to be ground. All tree stumps must be removed to at least 18 inches (18”) below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and one-half feet (1½’) on either side of the outer circumference of the stump, or until surface roots are no longer encountered.
4. Stumps should be cut low enough to the ground where routing can be done safely.
This may be accomplished by cutting the stump at the time of grinding or at the time of tree removal, except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two inches (2”) above normal ground level. All excess routing chip debris will be removed and loaded into the transport vehicle EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 6
for disposal. Any damaged paved surfaces shall be restored to their original condition.
5. No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.
G. TREE PLANTING
Planting includes the tree, stakes, ties and complete installation and watering for 90 calendar days. Watering is to be logged and included in invoicing. Planting lists should be compiled by the Public Works Director, Public Works Manager or designee and submitted monthly or as needed. Contractor will guarantee the quality of the tree stock and the workmanship.
1. Contractor shall provide all equipment, labor and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.
2. The City shall be responsible for marking locations and the Contractor will notify Underground Service Alert (USA) prior to planting.
3. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1-1996 Standards. Trees shall be free from pests, diseases and structural defects.
4. All new plantings shall have a one-year warranty.
5. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit, Contractor shall examine the root ball for injured roots and the canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy to ensure that the branch collar is not damaged.
6. Tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of the surrounding finish grade. In grass-covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be three inches (3”) below the level of the finished surface of the concrete.
7. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil.
8. Trees that are planted in parkways shall have a four inch to six inch (4” to 6”) high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 7
9. All trees shall be staked with two (2) wooded lodge poles and two (2) ties per pole.
Minimum size of lodge poles shall be ten feet (10’) long, with a one and one-half inch (1½”) diameter. Tree ties shall be placed at one-third (1/3) and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately 24 inches to 30 inches (24” to 30”) below grade.
10.No location or site will be provided for the parking of vehicles and/or staging of materials. Vehicles and materials may not be stored in the Public Right of Way.
11.Trunk protectors such as Arbor-Gards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.
12.In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be 12 inches (12”) in depth and at a length determined by the City. Root barriers are not included in the unit prices.
13.Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
H. LINE CLEARANCE PRUNING
Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities. Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The manager overseeing the project should be a Certified Utility Specialist, and the persons completing the work should be Line Clearance Treeworkers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance the “Electrical Safety Orders” of the State of California.
1. Contractor shall provide all equipment, labor and materials necessary for the line clearance pruning of trees throughout the City in accordance with the specifications herein.
I. TREE WATERING
Watering is performed by the contractor for 90 days after planting of new tree.
1. Contractor shall provide all equipment, labor and materials necessary for the watering of trees throughout the City in accordance with the specifications herein.
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 8
2. Contractor shall provide watering logs in invoicing.
J. SMALL TREE CARE
The City requires an active approach to the care of its young and newly planted trees.
Contractor shall provide all equipment, labor and materials necessary for the maintenance care of small trees throughout the City in accordance with the specifications herein. The Contractor shall be required to perform basic maintenance that will include, but not be limited to, tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary.
K. TRAFFIC CONTROL
Contractor shall conform to all City traffic safety requirements and operating rules at all times while this contract is in effect. The Contractor will utilize the California Manual of Uniform Traffic Control Devices (CAMUTCD) as reference. Contractor is responsible for all traffic control per CAMUTCD on all roadways including major arterials.
Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This includes high-visibility arrow board(s), as necessary. Prior to use, the City must approve all traffic safety equipment.
Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify the work site for vehicular and pedestrian safety.
L. PUBLIC NOTIFICATION OF TREE PRUNING OPERATIONS
Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least 48 hours prior to the work being performed. Notification shall be made in the form of door hangers. Contractor will be responsible for supplying materials necessary for the public notification of tree pruning operations.
City approved “No Parking” signs shall be posted on individual trees scheduled for pruning 48 hours prior to the work being performed. Such signs shall be string tied to the tree. No signs shall be attached to a tree with staples, tacks, nails or any other puncture devise.
M. CLEAN UP
Contractor shall clean all job sites when work is complete, including raking of leaves, twigs, etc. from the lawns and parkways, sweeping of sidewalks and streets, and cleaning of gutters. Contractor will be responsible for supplying all equipment, labor and materials necessary to clean all job sites when work is complete.
Each day’s scheduled work shall be completed and cleaned up, and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight.
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 9
The Public Works Director, Public Works Manager or designee shall be the sole judge as to the adequacy of the clean up.
N. DISPOSAL OF DEBRIS
All tree branches produced as a result of the Contractor’s operations under this contract will be reduced, reused, recycled and/or transformed as follows:
1. Greenwaste Recycling: Greenwaste may be transported to an off-site facility for grinding into mulch and the disposal tonnage reports shall be documented and provided to the Public Works Director, Public Works Manager or designee on a monthly basis.
2. Wood Chips: Wood chips generated from pruning operations or tree removals within the City may be dumped at a City designated site, if requested, or at the direction of the Public Works Director, Public Works Manager or designee.
O. REQUEST TRIMMING
Trees requiring immediate attention prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs, may be performed under the request trimming rate. Request trimmings should be completed within two weeks of request.
P. CREW RENTAL
The standard crew is three men, one chipper and truck, one aerial tower, and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous task including special projects that may consist of extraordinary work such as hanging flags or changing light bulbs.
Q. EMERGENCY RESPONSE
The Contractor shall be required to provide emergency on-call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City-authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.
Contractor shall be required to provide a 24-hour emergency telephone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their telephone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days.
Contractor shall be required to provide all necessary equipment, labor and materials and traffic control during the course of emergency work throughout the City in accordance EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 10
with the specifications herein. Should the work involve any high voltage power lines or any utility lines, the Contractor shall be required to notify the responsible utility company.
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 11
SECTION II - ADDITIONAL CONDITIONS
A. ARBORIST CERTIFICATION
An ISA Certified Tree worker or Arborist shall be onsite at all times while work is being performed.
B. EQUIPMENT AND LABOR
Contractor shall use and furnish, at his own expense, all labor, equipment and materials necessary for the satisfactory performance of the work set forth in these specifications.
All trimming equipment is to be kept in proper adjustment and blades are to be maintained in a sharp manner. The machinery and equipment used by the Contractor shall be clean and well maintained at all times. The equipment shall be subject to inspection and approval by the Public Works Director, Public Works Manager or designee. All motorized equipment shall conform to all current local, state and federal laws and regulations including, but not limited to, laws, regulations and standards pertaining to noise and exhaust emissions. Specialty equipment will be approved on an as-needed basis by the Public Works Director, Public Works Manager or designee.
Vehicles utilized by employees in the performance of work shall be registered and insured. Employees of the Contractor shall not drive personal vehicles to any sites to perform work under the contract. Failure to comply shall result in a deduction of One Hundred Dollars ($100.00) per vehicle per day. Vehicles shall be in conformance with the latest South Coast Air Quality Management District requirements for low emissions/alternative fuel use. Upon approval of any new regulations, the Contractor shall be prepared to meet the requirements of the new rule. All Contractor vehicles shall be required to have identification bearing the company name and telephone number while performing work under the contract. The vehicles shall be painted, free of body damage and clean. Failure to comply shall result in a deduction of One Hundred Dollars ($100.00) per vehicle per day.
C. DAMAGE TO PROPERTY
Property or facilities damaged or altered in any way during the performance of the work by the Contractor shall be reported by the Contractor in writing to the Public Works Director, Public Works Manager or designee, and such property or facility shall be promptly restored to its original condition. “Property” includes irrigation items, and any damage to such items shall be promptly reported to the City.
D. SCHEDULE OF WORK AND HOURS OF OPERATION
The Contractor’s schedule shall be approved by the Public Works Director, Public Works Manager or designee. Work shall be performed Monday through Friday between the hours of 7:00 a.m. and 3:30 p.m. with cleanup completed no later than 4:30 p.m. There will be NO work done on weekends or holidays without the written permission of the Public Works Director, Public Works Manager or designee. Contractor shall provide and make EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 12
available 24-hour emergency services, and provide the City with a contact name and emergency telephone number for response outside of normal business hours.
Annual Schedule
At the beginning of each fiscal year the Public Works Manager and/or designee shall meet to discuss the approved budget and tree work. The annual goals and objectives shall be discussed, and a schedule established.
Performance During Inclement Weather
When periods of inclement weather hinder normal operation, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. The prime factors in assigning work shall be the safety of the work force and safety of the public, damage to City property/trees, in that order. All safety foul weather gear for all the workers shall be provided by the contractor when working in inclement weather. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. When the contractor makes adjustments to the work force, the City shall be notified by 9:00 a.m. of the same day as to the adjustment and work tasks.
Minimum manpower required: During inclement weather periods the minimum manpower required shall be a Supervisor, Foreman, and tree worker/grounds person.
Holiday Schedule
The contractor shall provide services on an as-needed basis. Upon the request of the City, if work is required on City Holidays, the work shall be considered “emergency” and billed as such. Contractor shall complete all regularly scheduled work prior to each holiday.
City Holidays:
- New Years Day
- President’s Day
- Memorial Day
- Independence Day
- Labor Day
- Veterans Day
- Thanksgiving Day
- Christmas Day
E. COST ADJUSTMENT
The contractor may apply for a cost adjustment after the three-year term. For the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all the performance standards established by the contract. Any and all adjustments for contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustment shall not exceed the Bureau of Labor Statistics Consumer Price Index (CPI) for Los Angeles-Riverside-Orange County, All Items not seasonally adjusted.
EXHIBIT “A”
SCOPE OF SERVICES
RFP No. 2025-10 TREE MAINTENANCE SERVICES
Attachment A – Page 13
F. HAZARDOUS CONDITIONS AND VANDALISM
The Contractor shall immediately correct or report to the Public Works Director, Public Works Manager or designee any and all problems or conditions which may tend to create unsafe or hazardous conditions within the public areas maintained by the Contractor. The Contractor shall be liable for any claim arising from failure to correct or report said conditions. When specifications are in conflict with safety concerns, the Public Works Director, Public Works Manager or designee will make a final determination.
G. CITY PARKS AND FACILITIES
Trees within the City’s parks and facilities may be maintained, removed and/or planted using unit pricing, however, no guarantee of exclusivity is implied.
H. CONTRACTOR ATTIRE
Contractor’s personnel shall be in uniforms with the Contractor’s name and logo clearly identified.
I. INSPECTION
The Public Works Director, Public Works or designee shall at all times have access to the work and shall be furnished with every reasonable facility necessary to fully observe the progress, workmanship, and character of materials and equipment used and employed in the work.
The inspection of the work shall not relieve the Contractor of any of his obligations under this Agreement. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by the Public Works Director, Public Works Manager or designee and accepted for payment.
I. GRID PRUNING
The City is currently on a four-year grid pruning cycle. The City is interested in changing to a three-year grid pruning cycle and is requesting that prospective bidders only provide a cost for a three-year grid pruning cycle.
EXHIBIT B
SERVICES AGREEMENT TEMPLATE AND INSURANCE REQUIREMENTS
Model Agreement
CITY OF ROSEMEAD
AGREEMENT FOR SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this ______ day of ____________________, 20___ by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, (“City”) and [insert Name of Company], a [insert type of entity - corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the [insert Name of Project] (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [insert type of services] maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [insert start date] to [insert ending date], unless earlier terminated as provided herein. Contractor shall Attachment B - Page 1 of 19
complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, Attachment B - Page 2 of 19
techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement.
Attachment B - Page 3 of 19
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any Attachment B - Page 4 of 19
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City’s project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any Attachment B - Page 5 of 19
work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Attachment B - Page 6 of 19
Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: [Insert Name & Department]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including Attachment B - Page 7 of 19
without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Attachment B - Page 8 of 19
Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and Attachment B - Page 9 of 19
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page]
Attachment B - Page 10 of 19
CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
By: By:
Ben Kim, City Manager
Name:
Attest:
Title:
Ericka Hernandez
City Clerk
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
By:
Name:
Rachel Richman, City Attorney
Title:
Attachment B - Page 11 of 19
EXHIBIT A
SCOPE OF MAINTENANCE SERVICES
[insert scope]
Attachment B - Page 12 of 19
EXHIBIT B
SCHEDULE OF MAINTENANCE SERVICES
[insert schedule]
Attachment B - Page 13 of 19
EXHIBIT C
COMPENSATION
[insert rates & authorized reimbursable expenses]
Attachment B - Page 14 of 19
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended.
Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 combined single limit per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any Attachment B - Page 15 of 19
reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall “follow form” to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Requirements not limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Contractor also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
Attachment B - Page 16 of 19
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor ‘s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City.
10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
Attachment B - Page 17 of 19
Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17.The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
Attachment B - Page 18 of 19
18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
Attachment B - Page 19 of 19
EXHIBIT C
COST PROPOSAL
COST PROPOSAL
RFP. NO 2025-10
ATTACHMENT C - PAGE 1 OF 3
COST PROPOSAL
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in the RFP, at prices indicated below. All applicable services include cleanup and disposal.
Tree Pruning (by Grid)
Price per tree to Prune by Grid (3 Year Tree Grid Pruning) $ Grid tree pruning is based on tree pruning in pre-designed districts, or grids on a set cycle and includes all trees (small, medium and large-sized.) Trees are not excluded from the Grid.
Tree Pruning (by Block)
Price per tree to Prune by Block $
Block tree pruning consists of pruning trees along a block segment or “run” as designated by the City. This is different from “Grid Pruning” where all trees are prune (small, medium and large-sized) within a grid or district.
Aesthetic or Service Request Pruning
0” - 6” Diameter Standard Height $
7” - 12” Diameter Standard Height $
13” - 18” Diameter Standard Height $
19” - 24” Diameter Standard Height $
25” - 30” Diameter Standard Height $
31” - 36” Diameter Standard Height $
36”+ Diameter Standard Height $
Crown Raise/Clearance Prune Hardwood tree
0” - 6” Diameter Standard Height $
7” - 12” Diameter Standard Height $
13” - 18” Diameter Standard Height $
19” - 24” Diameter Standard Height $
25” - 30” Diameter Standard Height $
31” - 36” Diameter Standard Height $
36”+ Diameter Standard Height $
Palm Tree Trimming:
Prune Date Palm (Phoenix spp.) $
Clean Trunk for Date Palm (Phoenix spp.) per linear foot $ Prune Fan Palm (Washingtonia spp.) $
Clean Trunk for Fan Palm (Washingtonia spp.) per linear foot $ Prune all other Palm Species $ ______________
COST PROPOSAL
RFP. NO 2025-10
ATTACHMENT C - PAGE 2 OF 3
Tree Removal – (per inch)
Tree & Stump removal per dia. inch 0-24” dbh $
Tree & Stump removal per dia. inch over 25” dbh $
Stump grinding per stump diameter inch at grade $
Tree Planting – (per tree)
Tree planting includes tree, stakes, ties, and labor.
15-gallon tree $
24-inch box tree $
36-inch box tree $
Tree Watering (per hour)
Watering of young trees includes water truck & operator-per hour $ Milling Cost – (per board foot)
Milling Lumber per Board Foot $
Root Pruning – (per linear foot)
Per foot of roots pruned $
Root Barrier Installation – (per linear foot)
Per foot of root barrier installed $
General Labor Rates – (per man hour)
3-man crew with equipment $
Day Rate Service Crew - (per man hour)
Boom truck per eight (8) hour day to include a
chip body, low decibel chipper, 1 Sr. Tree Trimmer, 1 Trimmer & 1 Ground person $
Specialty Equipment Hourly Rate – (per hour)
Crane $
95-foot aerial tower $
Loader or Bobcat $
Emergency Services – (per hour)
Emergency response services per man hour:
During normal business hours (Mon-Fri 7am to 4pm) $
After hours, weekends &/or holidays $
General Arborists Services – (per hour) Unit Price in Figures Written Arborist Reports $_________________
Resitograph testing $
Ground Penetrating Radar $
COST PROPOSAL
RFP. NO 2025-10
ATTACHMENT C - PAGE 3 OF 3
Air spade Services $
Fumigation Services $
Fertilization Services $
Level 1, 2 and 3 Risk Assessments $
Soil Testing / Soil enhancements $
Citywide tree risk survey (Per Tree) $
GPS Tree Inventory – (per 1000 tree sites)
Cost per 1000 tree sites collected including vacant sites $_________________
PLANT HEALTH CARE SERVICES
Tree Canopy Spraying from ground level per diameter inch $ Tree Canopy Spraying from aerial tower per diameter inch $ Description: Foliar hydraulic spraying of recommended material.) Insecticide or Fungicide Trunk Banding per diameter inch $ Description: Trunk spray of recommended material.
PGR Trunk Banding per diameter inch $
Description: Trunk spray of recommended material to regulate plant growth.
Insecticide or PGR Soil Application (Cambistat) per diameter inch $ _____ Description: Recommended insecticide soil injection or drench material to regulate plant growth.
Insecticide or Fungicide Soil Application per diameter inch $ Description: Soil applied drench of recommended material.
Soil Injection Fertilization per diameter inch $
Description: Soil applied injection of recommended material.
Soil Drenching Fertilization per diameter inch $
Description: Soil application of recommended material.
Trunk Injection (Insecticide/Miticide) per diameter inch $ Description: Trunk injected recommended material.
Trunk Injection (Fungicide) per diameter inch $
Description: Trunk injected recommended material.
Trunk Injection (Insecticide & Fungicide Combo) per diameter inch $ Description: Combination of one-time trunk injection of two recommended materials.
Avermectin Class Insecticide Injection per diameter inch $ Description: Recommended trunk injection of Emamectin benzoate active ingredient. 16d
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CITY OF ROSEMEAD
TREE MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 1st day of January, 2026, by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, (“City”) and West Coast Arborists, Inc., with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Tree Maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Tree Maintenance Services (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Tree Maintenance Services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.
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All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from January 1, 2026, to December 31, 2028, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement for up to two (2) one-year periods, on an annual basis, based on the Contractor performance.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates the Director of Public Works or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
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3.2.5 Contractor’s Representative. Contractor hereby designates Mr.
Gonzalo Regalado, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
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specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total annual compensation shall not exceed Two Hundred Sixty Five Thousand Dollars ($265,000) per each calendar year of the contract without advance written approval of City’s project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving A-6
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the A-7
effective date thereof, at least seven (7) days before the effective date of such termination.
Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Attn: Gonzalo Regalado
Tel: (626) 255-7618
CITY:
City of Rosemead
8838 E. Valley Blvd
Rosemead, CA 91770
Attn: Director of Public Works, Sam Gutierrez
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
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3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this A-9
Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page]
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CITY OF ROSEMEAD WEST COAST ARBORISTS, INC
By: By:
Ben Kim, City Manager
Name:
Attest:
Title:
Ericka Hernandez, City Clerk
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
By:
Name:
Rachel Richman, City Attorney
Title:
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EXHIBIT A
SCOPE OF MAINTENANCE SERVICES
B-1
EXHIBIT B
SCHEDULE OF MAINTENANCE SERVICES
C-1
EXHIBIT C
COMPENSATION
D-1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 combined single limit per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease.
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages.
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any D-2
reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall “follow form” to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Requirements not limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by Contractor:
1. Contractor agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. Contractor also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
D-3
3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor ‘s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City.
10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.
D-4
Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or selfinsured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages.
17.The provisions of any workers’ compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents.
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18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section.
21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
To: Mayor and City Council
From: City Manager
Meeting Date: July 14, 2026
Subject: PROCUREMENT OF TWO (2) VEHICLES FOR THE PUBLIC
WORKS DEPARTMENT
Recommendation:
1. Authorize the purchase of one (1) 2026 ALTEC Model AT37G Truck, with an installed Articulating Telescopic Aerial Device in the amount of $196,767;
2. Authorize the purchase of one (1) 2026 Chevrolet 3500HD 4X2 Regular Cab pickup truck in the amount of $57,023;
3. Authorize the City Manager, or his designee, to execute all agreements necessary to facilitate the purchase of the two (2) vehicles; and
4. Authorize the City Manager, or his designee, to execute all agreements necessary to facilitate the sale or disposal of vehicle Units Nos. 209 and 288.
Strategic Priority:
3 - Infrastructure - Plan, fund, build, and maintain reliable and cost-effective infrastructure that contributes to enhancing quality of life.
Strategy:
3.4 Facilitate a high-level of maintenance of City infrastructure to reduce increased costs from prolonged deferral.
Fiscal Impact:
The fiscal year (FY) 2026-27 Adopted Budget under the Equipment Replacement Fund (Fund 170), Account No. 170.40.4033-57310, has sufficient appropriation for the purchase of vehicle replacements for the Public Works Department. The purchase price for the two (2) requested vehicles is $253,790. No additional appropriations are required at this time.
17 Back to Outline
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
PROCUREMENT OF TWO VEHICLES FOR THE PUBLIC WORKS DEPARTMENT
Discussion:
The City of Pico Rivera’s vehicle replacement standards generally specify that vehicles are eligible for replacement after 10 years of service or 100,000 miles. Due to significant wear and tear on certain vehicles operated by the Public Works Department field personnel, additional factors are sometimes considered in the replacement process, including mechanical problems, electrical failures, and excessively high repair costs.
Vehicle Unit No. 209, a 2019 Ford F350, has experienced ongoing mechanical failures involving the vehicle’s internal computer system and transmission. These recurring issues have resulted in the vehicle being placed out of service on numerous occasions, negatively affecting its reliability. Based on the repair estimates, the cost of repairs exceeds the vehicle's current market value, making further investment in major repairs financially unjustifiable. Continuing to repair the vehicle would not be a cost-effective use of City resources and would not provide a long-term solution.
Vehicle Unit No. 288, a 2017 Ford F550 equipped with a Veraslift aerial system, is experiencing multiple mechanical issues with the Hydraulic system that operates the aerial lift. These recurring failures have compromised the vehicle's reliability and availability for daily operations. While the vehicle was being evaluated for repairs, the manufacturer informed City staff that the aerial system installed on this unit had been discontinued and that replacement parts were no longer manufactured or readily available. As a result, future repairs will become increasingly difficult, costly, and timeconsuming, leading to extended downtime.
Although these vehicles have relatively low mileage- approximately 45,000 miles for Unit No.209 and 15,000 miles for Unit No.288, they have begun to experience recurring mechanical issues with the computer, transmission, and hydraulic system. The cost of replacing these systems is significant and may exceed the vehicles' current market value, making continued investment in these units fiscally imprudent. Furthermore, deploying unreliable vehicles raises safety concerns and delays necessary maintenance.
Accordingly, the replacement of Vehicle Unit No. 209 with a new 2026 Chevrolet 3500HD 4X2 Regular Cab pickup truck and Vehicle Unit No. 288 with a new 2026 ALTEC Model AT37G Articulating Telescopic Aerial Device is anticipated to reduce long-term operational and maintenance costs, improve fleet reliability, and advance the City’s sustainability and emissions reduction objectives.
The following table outlines the vehicle unit number, year, make, model, current mileage, proposed replacement, and the quoted purchase price.
CITY COUNCIL AGENDA REPORT – MEETING OF JULY 14, 2026
PROCUREMENT OF TWO VEHICLES FOR THE PUBLIC WORKS DEPARTMENT
Vehicle
Unit
No.
Yr./ Make /Model Mileage Replacement Model Replacement
Quote
209 2019 Ford F350 45,000 2026 Chevrolet 3500HD 4X2
Reg Cab $57,023
288
2017 Ford F550
with an installed
Aerial Versalift
device
15,000
2026 ALTEC Model AT37G
Articulating Telescopic Aerial
Device
$196,767
TOTAL: $253,790
Cooperative purchasing agreements are established through competitive procurement processes that comply with applicable state laws, regulations, and Government Code requirements. Purchasing through vetted cooperative agreements meets the procurement requirements of Section 3.20.030 of the PRMC and allows staff to secure the most suitable vehicles and equipment. Furthermore, such cooperative agreements ensure that the procurement of goods and services adheres to public purchasing regulations, is conducted through competitive solicitation, and guarantees that the City obtains the most advantageous pricing, all while streamlining the procurement process.
The recommended purchase of one (1) 2026 Chevrolet 3500HD 4X2 Reg Cab pickup truck will be procured through the cooperative purchasing State contract #1-22-23-20D.
The purchase of one (1) 2026 ALTEC Model AT37G Articulating Telescopic Aerial Device (insulated) will proceed under the Sourcewell cooperative purchasing contract 110421- ALT.
The aged vehicles being replaced are recommended for disposal by auction to recover any residual value. The PRMC Section 3.20.100 allows the City to sell aged and inoperable vehicles through professional auctioneers. Utilizing an auction process enables the City to secure the highest possible price for the vehicle. It is therefore recommended that the City Council authorize the City Manager to proceed with the sale of the surplus vehicles at an auction to achieve efficiency and maximize resale value.
Conclusion:
Staff recommend that the City Council authorize the purchase of one (1) 2026 Chevrolet 3500HD 4X2 Reg Cab and one (1) 2026 ALTEC Model AT37G Articulating Telescopic Aerial Device in the amount not-to-exceed $253,790, and authorize the City Manager, or his designee, to execute all related documents for the purchase of the vehicles and equipment. Additionally, authorize the City Manager, or his designee, to execute any agreements necessary to facilitate the sale or disposal of aged vehicles and equipment.
Steve Carmona
SC:NN:ML:np
COUNCIL
MEETING
DATE
COUNCIL MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager Reports;
Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
11/12/2025 Sanchez/Camacho SNAP Benefits Assistance to residents 11/12/2025 Sanchez/Garcia Tow Truck Company Ordinance regulation/procurement process Alvie Betancourt
GOOD OF THE ORDER
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