CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
ARBORPRO INC.
THIS AGREEMENT is made and entered into this 21ST day of November, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and ARBORPRO INC, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide professional arborist consulting services as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have 2 Rev. 08/2017
access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultants covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A." Consultant's total compensation shall not exceed Three Hundred Fifty Thousand Dollars ($ 350,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A." The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time 3 Rev. 08/2017
extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three years, ending on October 3, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three-year term.s
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including 4 Rev. 08/2017
the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scooe and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Rev. 08/2017
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6 Rev. 08/2017
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be 7 Rev. 08/2017
changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
ArborPro Inc
22605 E. La Palma Ave., Suite 509
Yorba Linda, CA 92887
Tel: 714-694-1924
Attn: Keith Hennig
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Attn: Chris Tanio
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, 8 Rev. 08/2017
or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.
Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall 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. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant 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.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 9 Rev. 08/2017
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City 10 Rev. 08/2017
while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Partv Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
11 Rev. 08/2017
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula, City Administrator
ATTEST:
Robert S. McKinnell, City Clerk
CONSULTANT — ArborPro Inc.
KEITH HENNIG
Signature
KEITH HENNIG
Keith Hennig, President
30-0223853
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
12 Date:
Date:
Date:
11/6/2023
Rev. 08/2017
APPROVED AS TO INSURANCE:
Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:
Chit tawo
Chris Tanio, Deputy Director/City Engineer
DEPARTMENTAL APPROVAL:
Date:
Date: 11/6/2023
(p -is f 11/6/2023
Date:
Luis Estevez, Deputy City Administrator
13 Rev. 08/2017
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 Rev. 08/2017
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Rev. 08/2017
Arb rPro
URBAN FOREST MANAGEMENT
ON-CALL PROFESSIONAL
ARBORIST SERVICES
Submitted by:
ArborPro Inc.
22605 E. La Palma Ave, Suite 509
Yorba Linda, CA 92887
0: 714.694.1924
F: 714-694-1981
www.arborprousa.com
City of Placentia, California : On -Call Professional Arborist Services 1
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COVER LETTER
ArborPro, Inc. is thrilled to have the opportunity to present a proposal for On -Call Professional Arborist Services to the City of Placentia. As the President of ArborPro, Inc., I, Keith Hennig, am pleased to personally introduce our company.
ArborPro, Inc. is a California-based corporation licensed to conduct business across multiple states nationwide. California is our home, and our primary office is situated at 22605 La Palma Ave, Ste 509, Yorba Linda, CA 92887. Our Tax ID Number is 30-0223853. For any immediate questions or concerns, please do not hesitate to contact me directly at 714-694- 1924, via FAX at 714-694-1981, or through email at khennig@ arbornrousa.com.
ArborPro, Inc. proudly stands as the preeminent full-service Urban Forestry consulting company, specializing in Urban Tree Inventory Assessments throughout California. Our comprehensive suite of Professional Arborist Services encompasses Tree Risk Assessments, GPS tree inventories, GIS -based management software solutions, Urban Forest Maintenance Plans, as well as Environmental Benefits Reporting utilizing iTree Streets and iTree ECO. We have consistently delivered exceptional service to esteemed clients such as the Cities of Orange, CA, Los Angeles County, Malibu, CA, Los Angeles Unified School District, Cal Tech, Jet Propulsion Laboratory, Chapman University, UCLA, Stanford University, San Francisco, CA, and San Jose, CA. Additionally, we have recently conducted an exhaustive inspection and survey of every tree at the Los Angeles Arboretum as part of our project for the County of Los Angeles. With over 500 satisfied customers nationwide, including 130 projects within the State of California, ArborPro maintains its unwavering commitment to delivering unparalleled expertise and quality service.
ArborPro has been a trusted provider of Arborist consulting services to Municipalities, Universities, and federal government agencies for over two decades. Our team at ArborPro is genuinely excited about the prospect of partnering with the City of Placentia for this assignment and future endeavors. With our extensive experience and abundant resources, we are well-prepared to execute the project's scope with the utmost integrity. Furthermore, we are dedicated to achieving the contract objectives outlined in this proposal.
Thank you for considering ArborPro as your trusted partner for your urban forest needs. We deeply appreciate your attention to our proposal and eagerly anticipate the opportunity to collaborate with the City of Placentia.
Sincerely,
Keith Hennig
President
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Table of Contents
Cover Letter 2
Executive Summary 4
Project Team 5
Tim Clancy - Primary Consultant, Registered Consulting Arborist 6 Oscar Corvera - Certified Municipal Arborist Consultant 7 Mason Burdick - Consultant, Utility Specialist 8
Project Experience and References 9
Los Angeles County - Department of Public Works - Parks Department 9 City of San Francisco, CA 10
City of Cupertino 10
Project Understanding & Approach 11
Scope of Work 12
Appendix 14
Required Statements 14
Additional Resources 15
Past Similar Projects 16
City of Placentia, California : On -Call Professional Arborist Services 3
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EXECUTIVE SUMMARY
ArborPro, Inc., a nationally recognized leader in Urban Forestry consulting, is proud to offer its comprehensive Professional Arborist Services to the City of Placentia. With over two decades of experience, a strong track record of over 500 satisfied clients, and a specialized focus on municipalities, we are well-positioned to provide exceptional tree management services tailored to your city's needs.
ArborPro, Inc. specializes in Urban Tree Assessments and Inventory, Tree Management Software, and Environmental Benefits reporting. With a history of successful projects across California, including cities like Orange, Malibu, San Diego, Manteca, San Francisco, and San Jose, we have demonstrated our commitment to the region and its urban forestry.
Our reputation is built on the integrity of our data management systems. We are experts in integrating, merging, and updating datasets to ensure the accuracy and efficiency of operations. We have the tools and experience to streamline tree management for the City of Placentia.
ArborPro, Inc. boasts a full-time team of professional arborists, totaling 45 dedicated individuals. Among our staff, 20 are ISA Certified Arborists, with 10 of them holding the prestigious TRAQ certification. This expertise ensures the highest quality tree assessments and services delivered within the set deadlines.
For the On -Call Arborist Services in Placentia, we propose Registered Consulting Arborist, ISA Certified and TRAQ Tim Clancy as the prime consultant. In addition, our team will include key members Oscar Corvera and Mason Burdick as needed. Each of these professionals brings extensive experience in municipal tree crews and has collaborated extensively with Public Works Departments. This unique blend of expertise in Tree Inventory, Assessment and Municipal Tree Maintenance makes ArborPro, Inc. the ideal partner for the City, offering a comprehensive approach to all professional arborist services and tree assessments.
Our comprehensive On -Call Arborist Services are designed to address a wide range of tree - related needs in Placentia. These services include:
1. Emergency Response:
• Swift and efficient response to emergency tree -related incidents, such as storm damage, fallen trees, and hazardous limb removal to ensure public safety.
2. Tree Inspections and Assessments:
• Regular inspections to identify tree health issues, structural weaknesses, and potential safety hazards.
• Comprehensive assessments of tree health, growth, and viability.
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3. Tree Planting Species Selection:
• Expert guidance on tree species selection for urban environments to promote biodiversity and minimize maintenance.
4. Arboricultural Consultation:
• Tailored advice and recommendations for tree care and management based on specific needs, local conditions, and budget constraints.
5. Pest and Disease Management:
• Identification and mitigation strategies for tree pests and diseases to preserve the urban forest.
6. Root Care and Soil Management:
• Recommendations to maintain healthy root systems and improve soil conditions for optimal tree growth.
The implementation of our On -Call Arborist Services in the City of Placentia will bring numerous benefits, including:
1. Enhanced Public Safety: Rapid response to tree emergencies will ensure the safety of our residents and visitors.
2. Sustainable Urban Forest: Expert guidance on species selection, planting, and disease management will contribute to a thriving urban forest.
3. Cost -Efficiency: Proactive care will minimize the costs associated with emergency tree removal and property damage.
4. Environmental Stewardship: Promoting biodiversity, carbon sequestration, and green infrastructure to combat climate change.
The City of Placentia's commitment to responsible urban forestry management is exemplified through the introduction of On -Call Arborist Services. Our comprehensive services will ensure the safety, beauty, and sustainability of our urban forest, benefiting our community and future generations. ArborPro, Inc. is ready and eager to serve the City of Placentia with our trusted Professional Arborist Services. We bring a proven track record, a highly experienced team of arborists, and the expertise needed to ensure the integrity of your urban tree inventory and maintenance. We look forward to the opportunity to support the City's commitment to urban forestry and its continued well-being.
We look forward to the opportunity to provide these essential services for the City of Placentia.
PROJECT TEAM
ArborPro has full-time professional arborists who have years of experience working together. We propose to assign a team of highly -educated ISA Certified Arborists, led by Registered Consulting Arborist, TRAQ and ISA Certified Arborist Tim Clancy and multi- talented TRAQ ISA Certified Arborist Oscar Corvera, for this assignment. Mason Burdick (TRAQ ISA Certified Arborist) and will be available if needed.
ArborPro, Inc. does not use Subcontractors unless required to do so by contract.
City of Placentia, California : On -Call Professional Arborist Services 5
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TIM CLANCY — PRIMARY CONSULTANT, REGISTERED CONSULTING ARBORIST ISA Certified Arborist (CERT# WE -
0806A), ISA Certified Tree Risk Assessor
(TRAQ), Independent Consulting
INTERNATIONAL SOCIETY OF ARBORICULTURE Arborist, ASCA Tree & Plant Appraiser c1;RIIrILD ARBO ',r
Qualified, Registered Consulting Arborist
Timothy Clancy
11 11 _.nil;. n,pl..o.,l dig r,
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. iur.il an ISA Crudi,;l 4r1 „n,:
The American Society
of
Consulting Arborists
Timothy Clancy, RCA #712
Regi.vemd hlemberdJp
Jul u5. 20211
In the realm of On -Call Arborist Services,
Tim Clancy is a standout professional
poised to take the helm for the City of
Placentia. As the prime consultant for this
critical project, Tim's involvement is
paramount, ensuring the success of each
assignment.
Tim Clancy has extensive experience
providing professional arborist services
for various clients since 1998. He has
performed numerous tree inventories and
developed management plans for
ArborPro's clients throughout the United
States.
Tim's extensive experience dates back to
his teens working in landscape
maintenance in upstate New York and in
his twenties in Southern Ontario, Canada.
Recently, Tim authored the Urban Forest
Management Plans for the City of Albany,
CA and UCLA. Tim also performed on-site
risk assessment of trees located at the El Pueblo Historical Monument.
Tim's extensive experience includes the appointment to the City of Encinitas Urban Forestry Advisory Council, guest speaking at the local community college on various urban forestry aspects, and consulting with multiple cities on various tree issues. Also, he authors a column on trees for the San Diego Horticultural Society. As the prime consultant, he will be the primary point of contact for the City, actively participating in all meetings and readily available to review arborist reports upon the City's request. Tim's knowledge, expertise, and attention to detail make him a key to the success of this project.
City of Placentia, California : On -Call Professional Arborist Services 6
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OSCAR CORVERA — CERTIFIED MUNICIPAL ARBORIST CONSULTANT Certified Arborist No. WE8225AUM, Certified Municipal Arborist, Certified Utility Specialist, TRAQ Certified
Oscar R. Corvera is a versatile professional with over 23 years of experience in Arboriculture, Vegetation Management, and Landscape Industries, all right here in California. His remarkable career encompasses operations management, strategic
development, large-scale mobilization, utility vegetation management, leadership development, and the creation of strategic partnerships. Notably, Oscar has adeptly managed over 30 municipal tree maintenance contracts across California, providing him with a unique understanding of municipal urban foresters' and public works departments' expectations.
Oscar holds a comprehensive set of certifications, reflecting his dedication to excellence. He has been certified by the International Society of Arboriculture as an Arborist for over 15 years, with additional certifications as a Utility Arborist, Municipal Arborist, and Tree Risk Assessor. Furthermore, his diverse skill set extends beyond arboriculture; he is a C.P.R./First Aid Instructor for over 20 years and holds certifications in Scuba Diving and maritime activities, where he is also an instructor.
Oscar's extensive career has seen him collaborate with more than 300 public agencies, municipalities, and various commercial and private entities across the United States. A particularly noteworthy achievement in his portfolio is the Hurricane Katrina Clean Up and Recovery Efforts, where he served as Project Manager for over two years. Oscar led the project from its inception through the initial stages of Clean Up and Assessment for Rebuild, overseeing a workforce of over 500 contractors tasked with various assignments throughout the city. He directly managed more than 150 field supervisors and managers during this monumental undertaking.
In the On -Call Arborist Services for the City of Placentia, Oscar Corvera's wealth of experience, certifications, and exceptional leadership skills will be instrumental. His commitment to excellence and proven ability to deliver results make him an invaluable asset to ensure the success of each assignment tailored to Placentia's unique needs.
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MASON BURDICK — CONSULTANT, UTILITY SPECIALIST
ISA Cf'1-tified Arborist & Project Manager, ISA CERT # WE -13457A TRAQ, Utility Specialist Mason embarked on his journey to becoming a seasoned arborist by earning a Bachelor of Science in Earth Sciences with a concentration in Environmental Geology from the University of California Santa Cruz in 2016. This academic foundation laid the groundwork for his remarkable career in the realm of urban forestry.
Since joining the ArborPro team in June of 2018, Mason has demonstrated his unwavering commitment to growth and
excellence. His journey within the company is a testament to his dedication. Beginning as a Vegetation Management Pre -Inspector and Tree Inventory Data Collector, Mason has continuously honed his skills and climbed the ranks to lead projects.
Mason brings an additional layer of proficiency to the team by being a well -versed Utility Specialist. His work with Southern California Edison will prove invaluable should any issues arise with the utility. His knowledge ensures the integrity and efficiency when addressing utility conflicts.
Mason obtained his certification as an arborist in 2021, underscoring his commitment to professional excellence. His contributions extend beyond the educational realm into practical fieldwork. He has been actively involved in dozens of tree inventories and assessments, as well as projects within municipal and military installations.
One of Mason's noteworthy achievements includes co-authoring the Final Summary Report for the Town of Albany, CA. This experience underscores his capacity to deliver high-quality, comprehensive reports to clients. His exceptional skills in data collection, analysis, and reporting make him an invaluable asset to the team.
Mason Burdick is set to bring his extensive knowledge and experience to the City of Placentia.
He will play a crucial role as a contributing consultant in the development of the Final Arborists Reports, ensuring that the city receives expert guidance and top-notch service in its quest for effective urban tree management.
Mason Burdick's remarkable journey and commitment to excellence make him a valuable addition to the ArborPro, Inc. team, ready to serve the City of Placentia in their tree management endeavors.
ArborPro Inc. will not substitute any member of the proposed team without prior approval by the City of Placentia.
City of Placentia, California : On -Call Professional Arborist Services 8
PROJECT EXPERIENCE AND REFERENCE;.
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LOS ANGELES COUNTY - DEPARTMENT OF PUBLIC WORKS - PARKS DEPARTMENT Beginning in 2018 ArborPro's inventory team, Including Mason Burdick, Ken Greby, Richard Sulley, and Matthew Karody, started working on the L.A. County Department of Public Works street tree inventory. Over the next two years, our team surveyed over 180,000 tree sites, including stumps and vacant planting sites. Based on the success of this project, the L.A.
County Parks Department hired ArborPro to complete an assessment of all of the trees in County Parks. This separate project began in January 2022 and was completed in June 2023.
The Parks Department purchased unlimited licenses of the ArborPro Enterprise program and has already started to use the system to manage all of their trees.
Due to the quality of the work our team of Arborists provided, the County of Los Angeles Parks Department added some unique locations that were not initially included in the tree inventory scope. These locations include the L.A. Arboretum, Descanso Gardens, and the Hollywood Bowl, among other Botanical Gardens and Theatre locations. ArborPro is in the process of setting up our Community Viewer for the L.A. Arboretum. Guests of the Arboretum are going to be able to scan a Q.R. code on their smartphone upon entering the property and access the L.A. Arboretum tree data. As guests walk through the property, they can click on individual trees to access the species, dbh, and height information. We are also working on adding historical data to the application so the quest will also be able to learn the individual tree's history and that species' history. Below is a screenshot of the Arboretum database.
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Todd R. Schmit, P.L.A.
County of Los Angeles Department of Parks and Recreation M: 626-734-8440 0: 626-588-5346
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City of Placentia, California : On -Call Professional Arborist Services 9
CITY OF SAN FRANCISCO, CA
Every1'rceSP
000000
www.sf. planning.org/everytreed
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ArborPro completed a tree inventory for the City and County of San Francisco. San Francisco awarded ArborPro, Inc. a $350,000 contract to complete a citywide tree inventory. The initial funds available allowed for the inventory of over 80,000 tree sites.
Once our Team completed the initial project on schedule, the City amended the agreement to inventory up to 140,000 tree sites.
The City of San Francisco received data updates every week, including a summary report. ArborPro utilized a five -person team led by Project Manager Ken Greby.
This tree survey has been a highly political and sensitive community project. The City created a website to provide the community with updates on the progress. Our Team, as with all projects, performed the survey on a neighborhood by
neighborhood basis. Upon completion of each neighborhood, we provided the City with a summary report of the neighborhood, including the i -Tree analysis. This information was updated to the community as we progressed through the City.
Jon Swae
SF Planning Department
415-575-9069
ion.swae@ sfgov.ore.
CITY OF CUPERTINO
On October 11, 2018 ArborPro, Inc. began operations on a comprehensive GPS inventory of the trees along street rights-of-way (ROW) and in public parks and facilities in the City of Cupertino. ArborPro assigned two Arborists to collect detailed information on the condition, size, species, maintenance recommendations, etc.
for all trees managed and maintained by the City of
Cupertino. A total of 22,081 sites, comprised of
19,799 trees (89.7%), 199 stumps (0.9%), 1,295
proposed vacant sites (5.9%), and 788 unsuitable
planting sites(3.6%) were updated or added over
the course of the tree inventory. ArborPro worked
with the City to integrate the new inventory into
CityWorks.
Andy Badal
Asset Management Technician
Andvna. cupertino.org
408-777-1354
City of Placentia, California : On -Call Professional Arborist Services 10
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PROJECT UNDERSTANDING & APPROACH
ArborPro Inc. is offering to provide On -Call Professional Arborist Services for the City of Placentia. ArborPro Certified Arborists will perform arborist services including but not limited to tree evaluation, risk assessment and evaluation of the root systems.
The scope of work outlined in this project pertains to the provision of professional arborist consultation services for various projects within the City, as specified in the RFQ introduction. The Arborist Consultants engaged for these services are required to hold a valid ISA Certified Arborist certification with expertise in Tree Risk Assessment.
Consultation Services: The Consultant's primary role is to offer expert advice and guidance on all aspects related to trees within the City, including but not limited to:
1. Tree Plantings, Removals, and Root Pruning Strategies: The Consultant will provide guidance on tree plantings, removals, and root pruning strategies, with a focus on the City's existing inventory of trees. This includes advising on species selection, mitigating health issues, and ensuring the preservation of tree integrity.
2. View Disputes and Appeals: The Consultant will be responsible for resolving view disputes and reviewing appeals concerning tree removals, plantings, and trimmings.
This involves providing sound solutions that consider the best interests of all parties involved.
Arborist Reports: For each site visit, the Consultant is required to prepare comprehensive arborist reports in written format. These reports must offer an accurate and detailed assessment of various aspects of the trees, including species, size, health, root conditions, structural integrity, risk factors, valuations, and any other relevant information. Arborist reports are to be submitted promptly, within 24 hours of the day's consultation services.
Project Plan Review: The Consultant may be called upon to review project plans to assess their potential impacts on the City's tree inventory. This includes evaluating potential impacts stemming from construction activities, such as building construction, grading, drainage, irrigation, and more. The Consultant will provide recommendations and strategies to mitigate potential harm to the trees.
Additional Advisory Roles: The Consultant may be required to provide pest and disease diagnostics for tree health and protection strategies to mitigate the physical stresses associated with construction activities and root damage. Additionally, the Consultant will act in an advisory capacity, providing expertise to the City's Commissions, City Council, City Manager, and City Staff as needed.
Emergency Response: In situations involving tree -related emergencies during inclement weather or major accidents/incidents, the Consultant is expected to provide prompt responses as these incidents occur. This may include immediate assessments, recommendations, and actions to address and mitigate the impact of such emergencies on the City's trees.
City of Placentia, California : On -Call Professional Arborist Services 11
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The successful execution of this project will require a high level of expertise and a commitment to the well-being of the City's tree inventory. The Arborist Consultant's role is pivotal in ensuring the preservation, maintenance, and responsible management of this valuable urban resource.
SCOPE OF WORK
1) Document the tree attributes
• Height
• Diameter at Breast Height
• Crown Width
• Crown Condition
• Health
• Hardscape Damage (if present)
2) Tree Risk Assessment
• Perform a root collar inspection on each tree as part of a Level III Tree Risk Assessment
• This may involve collecting soil samples for Laboratory analysis • This may involve collecting samples of tree tissue and or fungal bodies for Laboratory analysis.
• Laboratory costs will be the responsibility of the client. 3) Observe the irrigation system in operation (Requires City assistance) • Review Irrigation Schedule (Provided by the City)
4) Consultation Services
The Consultant's primary role is to offer expert advice and guidance on all aspects related to trees within the City, including but not limited to:
• Tree Plantings, Removals, and Root Pruning Strategies:
This includes advising on species selection, mitigating health issues, and ensuring the preservation of tree integrity.
• View Disputes and Appeals:
The Consultant will be responsible for resolving view disputes and reviewing appeals concerning tree removals, plantings, and trimmings. This involves providing sound solutions that consider the best interests of all parties involved. 5) Project Plan Review
• Review project plans to assess their potential impacts on the City's tree inventory.
This includes evaluating potential impacts stemming from construction activities, such as building construction, grading, drainage, irrigation, and more. ArborPro City of Placentia, California : On -Call Professional Arborist Services 12
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will provide recommendations and strategies to mitigate potential harm to the trees.
6) Additional Advisory Roles
• ArborPro will provide pest and disease diagnostics for tree health and protection strategies to mitigate the physical stresses associated with construction activities and root damage. Additionally, ArborPro will act in an advisory capacity, providing expertise to the City's Commissions, City Council, City Manager, and City Staff as needed.
7) Emergency Response
• In situations involving tree -related emergencies during inclement weather or major accidents/incidents, ArborPro will provide prompt responses as these incidents occur. This may include immediate assessments, recommendations, and actions to address and mitigate the impact of such emergencies on the City's trees. 8) Arborist Report;
• Provide a written report for each tree that includes the results of the Tree Risk Assessment and recommendations on post inspection actions based on findings.
The reports will offer an accurate and detailed assessment of various aspects of the trees, including species, size, health, root conditions, structural integrity, risk factors, valuations, and any other relevant information. The reports will include recommendations for removal and root pruning strategies. The Arborist Report will be delivered to the City within 24 hours of the evaluation and consultation services.
Our team at ArborPro has the knowledge, experience, and capabilities to guarantee cost- effective productivity and impeccable results.
City of Placentia, California : On -Call Professional Arborist Services 13
APPENDIX
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REQUIRED STATEMENTS
ArborPro,Inc will perform the services and adhere to the requirements described in this RFQ including addenda.
No Addenda as of 10/18/2023
ArborPro Inc. states that no part of this submittal is considered proprietary ArborPro Inc. will not substitute any member of the proposed team without approval by the City of Placentia.
ArborPro, Inc is properly licensed to practice in California and has no conflict of interest with regard to any other work performed for the City of Placentia.
ArborPro, Inc. declares there has been no collusion in any way with the City of Placentia.
ArborPro, Inc. agrees to fulfill the indemnification and insurance requirements contained in the sample contract. and will meet the prerequisite insurance requirements including engineering errors and omissions coverage. If ArborPro, Inc. is selected, we agree to accept and enter into the attached City's Consultant and Professional Services Agreement, in the attachments, as is, without modifications.
GIS TREE INVENTORY SOFTWARE
ArborPro's proprietary GIS Tree Inventory Software, ArborPro is very robust in features and integrates easily with other platforms. Inventory data collected with ArborPro can be easily exported for use in different formats like ArcGIS, ESRI Shapefile, geodatabase, .csv and Microsoft Excel. ArborPro utilizes the latest in GIS (Geographic Information System) technology to offer users an immediate visual representation of any tree. The ArborPro software program can be reviewed at www.arbororousa.com . or a personalized software demonstration is available upon request. Our program can also be linked to other Asset Management programs or GIS systems, we can link through an API to ESRI online or any other system the City of Placentia currently utilizes. We would be happy to offer the City of Placentia a free one year subscription of ArborPro's GIS Inventory Software.
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ADDITIONAL RESOURCES
ArborPro, Inc. has the resources to expand the field staff with notification by the City. The ISA Certified Arborists listed below are available to assist in any Certified Arborist Services project.
ArborPro ISA Certified Arborists
Andres Casas WE -13616A
Andrew Han WE -13220A TRAQ
Anthony Kikuchi WE -13414A
Benjamin Pierce WE -13512A
Diana Hull WE -9518A
Bryana Dunning WE -12942A
Jason Zigler WE -13469A
Jose Roldan WE -11561A
Justin Witherspoon WE -13517A
Kacey Morrell WE -12961A
Kelly Covey WE -13454A TRAQ
Layton Kikuchi WE -13325A
Sarah Lee PN -8388A
Colton Anderson WE-13700AU
Micah Kikuchi WE -13413A
Geyi Wang WE -12818A
Robert Martinez TX -4832A
Bryan Lehnig WE -14502A
Michael Talig WE -1443A
Matthew Korody MI -4618A TRAQ
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PAST SIMILAR PROJECTS
Below is a list of recent Municipal ArborPro clients:
Relevant Municipality Experience
City of San Francisco, CA County of Los Angeles, CA
City of Malibu, CA City of Vallejo, CA
City of Cupertino, CA City of Livermore, CA
City of Milpitas, CA City of Colma, CA
City of San Jose, CA City of Thousand Oaks, CA
County of Los Angeles, CA City of Goleta, CA
City of San Diego, CA City of Arvin, CA
City of Santa Clarita, CA City of Temecula, CA
City of Manteca, CA City of San Marino, CA
City of Palm Springs, CA County of Ventura, CA
City of Indian Wells, CA City of Fountain Valley, CA
City of Lawndale, CA City of Oakley, CA
City of Orange, CA City of Isleton, CA
City of Lake Forest, CA City of East Palo Alto, CA
LAUSD Cal Tech
UCLA USC
UC Berkeley UC Irvine
CSU Chico San Jose State
San Francisco State CSU Long Beach
City of Newark, CA City of Simi Valley
Pepperdine University Seaside Highlands HOA
Point Loma Nazarene University Saddleback College
San Diego State University Bonita USD
San Jose City College Nellie Gail Ranch Association
UC Merced Irvine Valley College
UCSD City of Albany, CA
Banning USD City of Huntington Park, CA
Glendora USD Orange Coase College
Pittsburg USD City of Indian Wells, CA
Norwalk La Mirada USD Indian Wells Golf Resort
Santa Monica — Malibu USD Town of Colma, CA
Berkely USD Little Italy Association
Oxnard SD Hidden Mountain HOA
City of Placentia, California : On -Call Professional Arborist Services 16
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COST PROPOSAL
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Cost
Primary Consultant (RCA) TRAQ
-Risk Assessment, Irrigation, Consultation
Services, Plan Review, Emergency
Response, Reports
Certified Municipal Arborist - TRAQ
-View Disputes and Appeals, Work
Verification and Tree Maintenance Review,
Reports
Utility Specialist - TRAQ
-Tree Attributes, Utility Conflicts,
Consultations with SCE, Reports
ISA Certified TRAQ Arborist
-Tree Attributes and Assessment, Reports
ISA Certified Arborist
Authorized Signature
Keith Hennig, President
$225.00 hr
$175.00 hr
$175.00 hr
$150.00 hr
$125.00 hr
Date 10/19/2023
City of Placentia, California : On -Call Professional Arborist Services 17
ACORD®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
11/03/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT NAME: ELIZABETH
BRAD GLASSCO, AGENT PHONE 909-794-7707
31321 E OUTER HIGHWAY 10
REDLANDS, CA 92373
INSURED
ARBORPRO. INC.
22605 LA PALMA AVE.#509
YORBA LINDA, CA 92887
E-MAIL [email protected]
ADDRESS:
FAX -- — —
1 (A/C, No): __
INSURER(S) AFFORDING COVERAGE
INSURER A: State Farm Mutual Automobile Insurance Company INSURER B:
INSURER C:
INSURER D:
INSURER E :
INSURER F :
NAIL #
25178
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLSUBRI— POLICY EFF POLICY EXP
TYPE OF INSURANCE
LTR )rJSD 100 POLICY NUMBER IMMIDDIYYYYI (MM/DD/YYVY) LIMITS
COMMERCIAL GENERAL LIABILITY
JCLAIMS -MADE
OCCUR
GENII. AGGREGATE LIMIT APPLIES PER:
_] POLICY "—I PES F1 LOC
OTHER'.
AUTOMOBILE LIABILITY Y 693 9728-CO3-75 -9ZZ
X ANY AUTO
A -1 OWNED SCHEDULED
__ AUTOS ONLY _ AUTOS
HIRED NON -OWNED
.X AUTOS ONLY X AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
DED I RETENTION S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
It yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
P1
NIA
EACH OCCURRENCE S
DAMAGE 10 RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
03/03/2023 03/03/2024 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident)
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
$
STATUTE I P-
EI. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE, $
i E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may bo attached if more space is required) The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are adduitional insureds with respect to:
liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, automobiles owned, leased, hired, or borrowed by the Consultant.
The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia its officers, officials, agents, employees, and volunteers.
Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia its officers, officials, agents, employees, and volunteers.
CERTIFICATE HOLDER
City of Placentia
401 E Chapman Avenue
Placentia, CA 92870
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132648.13 04-22 2020
ACORO®
AGENCY CUSTOMER ID:
LOC #:
ADDITIONAL REMARKS SCHEDULE
Page of
AGENCY NAMED INSURED
BRAD GLASSCO ARBORPRO, INC.
POLICY NUMBER
693 9728-CO3-75 -9ZZ
CARRIER NAIC CODE
State Farm Mutual Automobile Insurance Company 25178 EFFECTIVE DATE: 11/03/2023
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
The Consultants insurance shall apply separately to each insured whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
1004362 1429911 07-26-2021