1.F.3 AGREEMENT WITH WCA, INC. — Placentia City Council, November 21, 2023

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
WEST COAST ARBORISTS, 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 West Coast Arborists, 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 Aareement. 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. Deleaation 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. Consultant's 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 Billina. 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 Scope 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 Aareement. 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. Proiect 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: IF TO CITY:

West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Tel: 714-991-1900
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Attn: Patrick Mahoney 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 Party 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. Headinas. 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. Severability. 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��— West Coast Arborists, Inc.
�
Signature
Patrick Mahoney
Patrick Mahoney, President
546960432
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
12 Date:

Date:

Date:
11/1/2023
Rev. 08/2017

APPROVED AS TO INSURANCE:

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

CL YYS -rLVu0
Chris Tanio, Deputy Director/City Engineer
DEPARTMENTAL APPROVAL:

Date:

Date:
11/1/2023
W fsfw"7 11/1/2023
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

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ROOTED IN:

Safety
Experience
Technology
West Coast Arborists, Inc.

WCAINC.COM • (800) 521-3714
LIC #366764 • DIR #1000000956

West Coast Arborists, Inc.

Table of Contents
COVER LETTER 3
4 5
5 7
10 11
12 13
REQUIRED STATEMENTS 14
EXCEPTIONS 15
COST PROPOSAL 16

5.1 EXECUTIVE SUMMARY

5.2 INTRODUCTION
Company Qualifications

5.2 PROJECT TEAM ORGANIZATION

5.3 RELEVANT PROJECT EXPERIENCE & REFERENCES

5.4 PROJECT UNDERSTANDING & APPROACH

5.5 SCOPE OF WORK

APPENDICES
2 Setting the Gold Standard

Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com October 18, 2023
City of Placentia
Attn: Chris Tanio, PE
401 East Chapman Avenue
Placentia, CA 92870
RE: RFQ On -Call Professional Arborist Services
Due: Thursday, October 19, 2023 at 2:OOPM
To whom it may concern;
Thank you for allowing West Coast Arborists, Inc. (WCA) the opportunity to submit a proposal for On -Call Professional Arborist Services for the City of Placentia. WCA is a family-owned and operated company employing over 1,200 full-time employees providing various tasks to achieve one goal: serving communities who care about trees. We have reviewed, understand, and agree to the terms and conditions described in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability. Our proposal is valid for a period of 120 calendar days.

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

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

WCA has a 51 -year track record of working for more than 350 California and Arizona municipalities as well as other various agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Board under license #366764. We have held this license in good standing since 1978. The license specializes in Class C61 (Tree Service), Class C27 (Landscaping) and Class C31 (Traffic Control). We currently employ over 90 Certified Arborists and over 150 Certified Tree workers, as recognized by the International Society of Arboriculture. WCA is also registered with the Department of Industrial Relations (DIR) for Public Works projects, our registration number is 1000000956. All work will be performed in-house; no subcontractors will be used.

Our employees will operate from our Anaheim Office located at 2200 E. Via Burton, Anaheim, CA 92806. For questions related to this proposal and who has the authority to negotiate/present please contact Victor Gonzalez, V.P. Business Development, at (714) 991-1900 or at ri ._J . Tim Crothers, Plant Health Care Manager, will be assigned to this project should WCA be awarded a contract. He can be reached at (714) 412-1980 or
Sincerely,
Patrick Mahoney:President
West Coast Arborists, Inc.

West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.3745

Section 5.1
Executive Summary
Comprehensive tree services in more than 300 communities.

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West Coast Arborists, Inc.

EXECUTIVE SUMMARY
West Coast Arborists is pleased to present our proposal response for the City of Placentia for On - Call Professional Arborist Services needs. At West Coast Arborists, we are committed to creating and maintaining robust urban forests for our future. One way we actualize this commitment is through providing tree risk assessments. Our team crafts visually aesthetic reports and other assets that are useful and relevant for agencies needing to make educated decisions on the management of their urban forest.

Project Management
Our Plant Health Care division excels in managing arborist services and generating detailed reports. To streamline our processes, we have developed ArborAccess - a powerful, in-house software solution. This versatile tree inventory and management software works seamlessly on any device and browser, guaranteeing efficient operations. With ArborAccess, our team meticulously records attributes for each inspected tree, enabling us to collect comprehensive data. This wealth of information empowers us to provide valuable and cost-effective resources to effectively manage urban canopies.

Approach
Our approach is tailored to your City's specific needs and the current needs and wishes of the City staff for the management of the urban forest in the future. Our staff will conduct a thorough visual inspection of trees in the City of Placentia as -needed with additional sample collections to be taken if necessary. Our team will then provide the City with arborist reports to advise on plantings, removals and pruning strategies, pest and disease diagnostics, root damage mitigation practices, and detailed tree assessments including size, health, structure, risk factors, etc.

Our project managers are empowered to solve problems and make timely decisions to ensure that project momentum moves forward without any setbacks. Additionally, our low employee turnover means that the team you meet at the beginning of your project will stay with you until completion, providing consistency throughout the project.

Experience
Our expert team comprises of qualified professionals, such as ISA Board Certified Master Arborists, ASCA Registered Consulting Arborists, and ISA Tree Risk Assessment Qualified personnel. Our staff have completed tree inspections and reports for over 200 public agencies in California, making us proficient and well diverse in assessing risk in accordance with industry standards. As noted by our references in this proposal, WCA provides arborist services along with maintenance services to cities all throughout Orange County including managing the city trees of Placentia for over 20 years.
4 Setting the Gold Standard

Section 5.2
Project Team Organization
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West Coast Arborists, Inc.

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers' Union:

UUNA!
SAM Entity ID: CFJMVMJ9NSD 1
Website: wcainc.com

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim, CA 92806

REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA

CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

FIELD MANAGEMENT
Tim Crothers, PHC Manager
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
EMERGENCY RESPONSE 24/7
1 -800 -LIMB -DOWN

COMPANY QUALIFICATIONS
Company Information
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,200 full-time employees providing tree maintenance and management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day
throughout California and Arizona. No subcontractors will be used for this project.

OUR VISION
As a corporate citizen, WCA's responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality, and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer's valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.
95+ ISA 50 Years Experience
Certified Arborists (Similar Size & Scope)
*
Accredited by TCIA
1,200+ qualified
Employees
Local Office & Yard 1600+ Pieces of
(Anaheim & Placentia) Equipment (Owned)
5 Setting the Gold Standard

West Coast Arborists, Inc.

Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers' satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor's License C61 /D49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,200+ employees
• 350+ contracts with public agencies
• 95+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20,000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $190 million annually
• Fleet of approximately 1,600 pieces of equipment
Active Memberships:

Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities 1
-Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
• CONTRACTORS
dca STATE LICENSE BOARD
�Iwnse Number 366764

ACTIVE LICENSE
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Business Name WEST COAST ARBORISTS INC
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www.cslb.ca.gov
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6 Setting the Gold Standard

West Coast Arborists, Inc.

PROJECT TEAM ORGANIZATION
Meet the Team: Project Team
TIM CROTHERS Plant Health Care Manager
Mr. Crothers has over 20 years of experience working in the horticulture industry. He started working at WCA in 2012 as a supervisor. He was quickly promoted to Area Manager, a role that required him to produce reports as a Certified Arborist as well as train staff and clients in proper tree care, inventory management, landscape design and plant identification. In his role as Plant Health Care Manager, Mr. Crothers supervises arborist services staff and plant health care operations throughout California and Arizona. He oversees the creation of Urban Forestry Master Plans (UFMPs) and is a Registered Consulting Arborist by the American Society of Consulting Arborists.

Mr. Crothers has overseen the creation of multiple Urban Forest Management Plans, the purpose of which is to function as a guide for municipal agencies to help manage their urban forest, for the present and the future. He has worked with cities to create a sound framework for the selection, use and maintenance of trees, providing them with better tools for planning and budgeting. His experience includes the creation of Urban Forest Management Plans for the City of Hawaiian Gardens, City of Carlsbad, and the City of Santee. Most recently he completed a CFMP for the City of Fullerton.
• ISA Board Certified Master Arborist #WE-7655BUM
• B.S. Environmental Horticultureal Science
• ASCA Registered Consulting Arborist #721
• CA Dept. Pesticide Regulation QAL #145321 B, D
• ISA Tree Risk Assessment
• Qualified & TLC Wildlife Aware
Contact Information: [email protected] - (714) 412-1980

JEFF CRAIN
Consulting Arborist
Mr. Crain has over 24 years of consulting and project management experience in botanical field research, ecological studies, habitat restoration, and tree surveys. Jeff's responsibilities as a Consulting Arborist include establishing GPS tree inventories, arborist report writing, tree risk assessments, aerial inspections, pre -construction planning and diagnosing tree disorders, in addition to tree appraisal reports; collecting soil and/or tissue samples as needed and interpreting the results. Jeff will be one of the main writers for the UFMP. • ISA Board Certified Master Arborist WE -6658B
• DPR Qualified Pest Control Applicator #QAL161631
• ISA Tree Risk Assessment Qualified
Contact Information: [email protected] - (657) 474-1228 7 Setting the Gold Standard

West Coast Arborists, Inc.

Q
REBECCA MEJIA Consulting Arborist
Ms. Mejia has over 25 years' experience in the tree care industry. While her career started with the US Forest Service, she joined WCA as a Data Collector in 1995. Today, Rebecca's responsibilities as a Consulting Arborist include establishing GPS tree inventories, arborist report writing, tree risk assessments, aerial inspections, pre -construction planning and diagnosing tree disorders, in addition to tree appraisal reports; collecting soil and/or tissue samples as needed and interpreting the results.

Over her career, Rebecca has completed over 1,000 arborist reports for various public agencies all over Southern California. She will serve as one of the main writers of the UFMP. • ISA Board Certified Master Arborist WE -2355B
• B.S. Natural Resources Management with Minor in Urban Forestry, Cal Poly San Luis Obispo • ISA Tree Risk Assessment Qualified
Contact Information: [email protected] - (714) 412-7813 KELLY PARKINS Plant Health Care Coordinator
Ms. Parkins is WCA's Plant Health Care (PHC) Coordinator. She joined WCA in August of 2021 and previously worked for the City of Long Beach - Parks Department as their Superintendent of Grounds Maintenance and Park Development. She is a Pest Control Advisor and holds a QAL. Her education includes an M.S. in Agricultural Sciences from Cal Poly Pomona where she was also a lecturer and research station campus manager from 2008 to 2015 teaching Turfgrass Management and Soil Science. She has been a Golf Course Superintendent at Aliso Viejo Golf Club and a Horticultural Superintendent at Shady Canyon Golf Club in Irvine. Her position as PHC Coordinator includes inspecting sites, writing pesticide recommendations, meeting with customers and more! • ISA Certified Arborist WE-12868AM (Municipal Specialist) • ISA Tree Risk Assessment Qualified
• DPR Qualified Pest Control Advisor #PCA74466 (A, B, E, G) • DPR Qualified Pest Control Applicator #QAL96878 (A, B, C, E) Contact Information: [email protected] - (714) 926-0892 STEVE PONCE PHC Senior Technician
Mr. Ponce has been working with WCA since 1999. He has a vast experience in collecting inventory data throughout southern California including for public agencies within Los Angeles County and Orange County such as the City of Tustin, City of Anaheim, and Orange County Parks. He will be the main data collector in the field. He is TRAQ certified and an ISA Certified Arborist that completes required CEU's each year.
• ISA Certified Arborist WE -6461A
• DPR Qualified Pest Control Applicator #QAL142645
• ISA Tree Risk Assessment Qualified
Contact Information: [email protected] - (626) 255-2811 8 Setting the Gold Standard

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WCA hos forged a successful partnership with the Laborer's International Union of North America.

HIGHER

STANDARDS

EXEMPLARY

TRAINING

SUPERIOR

EMPLOYEES
TCIA Certified
Treecare
Safety
Professionals
RCA
ISA Municipal
Specialists
American Society of Arboriculture Registered Consulting Arborists Wildlife Protection
WCA's VP of Field Operations is a key
contributor in identifying and
developing the first ever Best
Management Practices guidelines for
Tree Care for Birds and Other Wildlife.

BMP Training
0 Wildlife Aware On -Staff
Trained/Certified Biologist
by WTI
O
Nursery in
Placentia &
Dedicated
Manager

ISA CERTIFIED
ISA Board Certified Master Arborish
Michael Palat #WE -6541 BUM
Kelley Gilleran #WE -7061 B
Tim Crothers #WE-7655 BLII.1
Joseph Bartolo #WE -2034 BU
Eugene Bordson #WE-10777BT
Rebecca Mello #W E-2355 8
Jeffrey Crain #WE -6658 B
Information
Technology
Specialists
0 Fleet
Mechanics
3 ASCA Consulting Arborists
Tim Crothers
Kelley Gilleran
Leo Tuchman
RCA #721
RCA #668
RCA #771
NCCCO
Certified
Crane
Operators
Unique Capabilities
Plant Health Care
WCA has developed an exemplary Plant Health
Care Program that goes beyond standard chemical
applications. We maintain in-house State Certified
qualified pest applicators.

California Department of
Pesticide Regulation (DPR)
WCA has 1 Advisor (PCA) and 10 Applicators (QAL)
on sfaff.
9 Setting the Gold Standard

Section 5.3
Relevant Project
Experience and References
Comprehensive tree services in more than 300 communities. isso
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Planting Plant Health Removal Reclamation
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West Coast Arborists, Inc.

RELEVANT PROJECT EXPERIENCE & REFERENCES

COUNTY OF ORANGE

CITY OF FULLERTON

CITY OF ANAHEIM
Completed June 2023
In addition to providing annual tree maintenance for both streets and parks, we assist the County of Orange with as -needed arborist reports as well. WCA recently completed 4 tree risk assessment reports. Scope of work included recommendations for maintenance and a general assessment of the tree including health and potential risk. A management recommendation was also provided to the County.

Contact: Carlos Serrano, Inspector
2301 N. GlasseII St., Orange, CA 92865 -- (714) 955-0316 - [email protected]
Completed October 2023
WCA provides the City of Fullerton with tree maintenance services including arborist reports and risk assessments. Recently, WCA recently completed a Community Forest Management Plan with detailed suggestion on how to help determine future maintenance needs for the City.

Contact: Julio Jacobo, Urban Forestry Supervisor
1580 W. Commonwealth Ave., Fullerton, CA 92832 - (714) 926-2188 [email protected]
Completed March 2023
WCA provides the City of Anaheim with urban forestry management services and provides the City with basic risk assessment reports as needed for both City and Park trees.

Contact: Dan Debassio, PW Superintendent
1426 East Vermont, Anaheim, CA 92805 - (714) 765-6860 - [email protected] CITY OF YORBA LINDA Completed September 2023
WCA provides the City of Yorba Linda with tree maintenance services including arborist reports and risk assessments as -needed. WCA has kept complete and up- to-date maintenance records of the city's trees in ArborAccess.

Contact: Armando Jaime, Public Works Superintendent
4845 Casa Loma Ave., Yorba Linda, CA 92886 - (714) 961-7189 [email protected]

ADDITIONAL TREE RISK ASSESSMENT REFERENCES OR INFORMATION PERTAINING TO THESE PROJECTS IS AVAILABLE UPON REQUEST.

City of Walnut
City of Tustin

GARDEN GROVE
City of Garden Grove City of Brea
Reports Completed: 41 Reports Completed: 29 Reports Completed: 5 Reports Completed: 26 10 Setting the Gold Standard

Section 5.4
Project Understanding &
Approach
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West Coast Arborists, Inc.

PROJECT UNDERSTANDING & APPROACH
To ensure the quality of work and the level of service
expected, WCA abides by a well-defined quality control
plan that incorporates the following:
• Certified personnel
• Safety
• Sound equipment
• Public relations
• State-of-the-art communication systems
Area Manager: Tim Crothers
ISA Certification #: WE-7655BUM
DPR Qualified Pest Control Applicator #145321
QAL Category B & D
The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management.

Special shifts including
weekends and evenings
can be arranged in
accordance with the
Agency's specifications.

Work Plan

1. When our local WCA team in the Anaheim office receives a phone or email request for development services assistance, we will generate a work order on an annual job number for our local Plant Health Care Arborist to provide hourly arborist services for any of the items in the scope. Coordination with City staff will be a combination of in -office visits, phone, and email. Responses will be in the form of written arborist reports to the specified department head. Attendance at commission/city council meeting will be scheduled in advance through calendar invitations. WCA will locally keep a record of peer review reports, on-site monitoring and tree reporting per address.

2. For tree permit processing and compliance, our Arborist will dedicate specific days and hours of the week of the City's choice to assist in permits at the City office and field visits to ensure compliance of permits pulled. Actions by owners found to not be in compliance will be communicated via written report to the department head of Development Services for further follow up.

3. All work performed will be done per the American National Standards Institute A300 standards and the International Society of Arboriculture Best Management Practices.

4. Billing for the arborist services time will be on the schedule determined by City staff.

5. An annual planning meeting will be held in late spring or early summer to review WCA's services.

PLANT HEALTH CARE FLOWCHART
Work request received CSR creates a work order S
from Customer
PHC Advisor/Applicator posts
public notices
(as needed)
Area Manager schedules the Work order Is given to the
gives to Area Manager work & Informs the City
PHC Advisor/Applicator
performs work
PHC Advlsor/Applicator
completes work order Z
Inventory, then turns In
PHC Advisor/Applicator
Awn.

CSR closes work order, Billing
Dept. prepares Invoice
11 Setting the Gold Standard

Section 5.5
Scope of Work
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West Coast Arborists, Inc,

SCOPE OF WORK
General Services
Consulting - Aerial, ground visual, or soil excavation. Generally, a report can take 30 minutes to 2 hours per tree depending on the service being provided.

Project Inspection - Arborist to remain on site for length of project, or as needed per project required.

Meeting with City staff - Time frame depends on topic that requires attention.

Presentation - Includes the time necessary to conduct research and prepare documents and present findings to City Council.

Lab Testing - Delivery of sample in question will be taken to facility and findings reported as part of WCA's 'consulting' services which does not include the cost of the tests per sample.

Specific Services

1. Advise staff on all matters related to tree plantings, removals, and root pruning strategies for the city's inventory of trees.

2. Provide solutions for view disputes and review appeals regarding tree removals, plantings, and trimmings.

3. Prepare arborist reports on tree conditions in written format and provide an accurate and detailed assessment of trees species, size, health, evaluation of root conditions, structure, risk factors, valuations, and other information as required and necessary.

4. Review project plans for potential impacts to the City's inventory of trees through construction activities.

5. Provide pest and disease diagnostics.

6. Provide protection strategies from the physical stresses of construction and root damage mitigation options.

7. Act in an advisory capacity to the City's Commissions, City Council, City Manager, and City Staff.

8. Provide professional input on value of removed trees to determine the replacement tree(s) or in -lieu fee value.

9. Provide best practice standards for required trees due to new development.

10. Evaluate sites post -construction and provide suitability audit reports.

11. Report on tree conditions, both orally and in written form, and provide an accurate and detailed assessment of trees' species, size, health, evaluation of root conditions, structure, risk factors and monetary value.

Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis.

Additional Assessments
Tree & Vegetation Surveys, Inventory & Analysis, Investigate tree diseases and causes, long term tree and vegetation care management planning, digital survey and mapping of tree and vegetation inventories and associated site conditions.
12 Setting the Gold Standard

Appendices
Comprehensive tree services in more than 300 communities.

Pruning
Planting Plant Health
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Co °
Removal Reclamation
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Technology Community Civic Partners Emergency Environment

Required Statements
Comprehensive tree services in more than 300 communities.

Pruning
Planting Plant Health
Removal
Reclamation
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Technology Community Civic Partners Emergency Environment

West Coast Arborists, Inc.

REQUIRED STATEMENTS
A. West Coast Arborists, Inc. (WCA) agrees to perform the services and adhere to the requirements described in this RFQ, including any addenda.

B. WCA has not included any proprietary information in this RFQ.

C. WCA assures that we will not substitute members of our designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.

D. WCA does not have any Conflict of Interests with the City of Placentia.

E. WCA's bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation. The bid is genuine and not collusive or sham.

F. WCA maintains General Liability Insurance, Business Automobile Liability Insurance, Worker's Compensation Insurance, and Professional Errors and Omissions Liability Insurance that fulfill the indemnification and insurance requirements/limits contained in the sample contract provided by the City of Placentia.
14 Setting the Gold Standard

Exceptions
Comprehensive tree services in more than 300 communities.

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West Coast Arborists, Inc.

EXCEPTIONS
West Coast Arborists, Inc. has no exceptions to RFQ No. PW -23-02: On -Call Professional Arborist Services for the City of Placentia. We are committed to providing exceptional service, expertise, and value to our clients and look forward to the opportunity to serve your tree inventory and urban forest management needs.

By choosing our services, you can trust that our professional team will conduct a comprehensive inspection and provide detailed documentation to assist the City of Placentia in maintaining safe and visually appealing surroundings for its residents and commuters. Our approach is designed to be efficient, cost-effective, and tailored to meet the specific needs of our clients. Our experienced staff and advanced software enable us to provide superior tree care operations and effectively manage California's urban forests.
15 Setting the Gold Standard

Cost Proposal
Comprehensive tree services in more than 300 communities.

Pruning Safety
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Planting Plant Health Removal Reclamation
Technology Community Civic Partners Emergency Environment

West Coast Arborists, Inc.

COST PROPOSAL
In conformity with the terms and conditions of the contract, West Coast Arborists, Inc., hereby proposes to the City of Placentia the following schedule of compensation. Invoices will be submitted bi-monthly (1st and 15th of each month.)

DESCRIPTION UNIT UNIT RATE

ON-CALL ARBORIST SERVICES

1. Review tree removal permits (1 -hr minimum) Per hour $195.00

2. Consulting Services including Report Writing Per hour $195.00 a. (3 -hour minimum) Travel included

3. Project Inspection (3 -hour minimum) Per hour $195.00

4. Meetings with City staff and or Contractor(s) Per hour $195.00

5. Presentation to City Staff, City Council, etc. Per Hour $195.00 b. (2 -hour minimum)

6. Laboratory testing (i.e., Soil, limb, etc.) Each Cost + 15%

7. Provide tree recommendations for planting Per hour $195.00

8. Respond to tree -related emergencies for Per hour $195.00 Consultation
Patrick Mahoney, President
West Coast Arborists, Inc.
10/19/23
16 Setting the Gold Standard

ACO OR

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
06/28/2023
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
AOn Risk Insurance Services West, Inc.

Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA

INSURED
West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA

CONTACT
NAME:

PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:
(866) 283-7122
FAX (800) 363-0105
INC. No.):

INSURER(S) AFFORDING COVERAGE NAIC #
INSURERA: Starr Indemnity & Liability Company 38318
INSURERS: Starr Specialty Insurance Company 16109
INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570100341614 REVISION NUMBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL. SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYyy11 /MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY 1000100141231 07/01/2025 0//01/2024 EACH OCCURRENCE CLAIMS -MADE X OCCUR SIR applies per policy terns & conditions DAMAGE TO RENTED PREMISES (Ea occurrence)
MED EXP (Any one person)
A
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY X PRO -LOC
JECT
OTHER:

AUTOMOBILE LIABILITY

X - ANY AUTO
- OWNED SCHEDULED
— AUTOS ONLY AUTOS

HIRED AUTOS NON -OWNED
- ONLY AUTOS ONLY

UMBRELLA LIAR OCCUR

EXCESS LIAB CLAIMS -MADE

DED RETENTION

B WORKERS C MPENSATION AND

EMPLOYERS' LIABILITY

A ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
INI
1000198198231
1000004228
workers Comp CA
N/A 1000004229
Workers Comp AZ
$2,000,000
$1,000,000
$5,000
PERSONAL B ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OPAGG $4,000,000
07/01/2023 07/01/2024 COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY ( Per person)
BODILY INJURY (Per accident)

PROPERTY DAMAGE
(Per accident)
07/01/2023 07/01/2024

EACH OCCURRENCE

AGGREGATE

X PER STATUTE IOTTH-
07/01/2023 07/01/2024 E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached i1 more space Is required) The City of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General E Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of the city of Placentia, its w elected and appointed boards, officers, officials, agents, employees, and volunteers in accordance with the policy provisions of the Workers Compensation policy. ti _
-SC
$2,000,000
Holder Identifier : ABHDO$
Certificate No : 5701 00341 61 4
$1,000,000
$1,000,000
$1,000,000 —

CERTIFICATE HOLDER CANCELLATION
city of Placentia
Attn: City Administrator
401 E. Chapman
Placentia CA 92870 USA

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: 1000198198231 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

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

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

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

Named Insured: West Coast Arborists, Inc.

Endorsement Effective Date: 07/01/2023

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

The City of Placentia, its elected and appointed boards, officers, officials, agents, employees and volunteers.

Attn: City Administrator, 401 E Chapman, Placentia, CA 92870 Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section 11 —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section 1 — Covered Autos
Coverages of the Auto Dealers Coverage Form.

POLICY NUMBER: 1000100141231 COMMERCIAL GENERAL LIABILITY Effective: 07/01/2023 CG 20 12 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - STATE OR GOVERNMENTAL

AGENCY OR SUBDIVISION OR POLITICAL

SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:

The City of Placentia, its elected and appointed boards, officers officials, agents, employees and volunteers Attn: City Administrator
401 E Chapman
Placentia, CA 92870
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:

1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.

However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

CG 20 12 04 13

2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 11I — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
© Insurance Services Office, Inc., 2012 Page 1 of 1

POLICY NUMBER: 1000100141231
Effective: 07/01/2023

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

Where Required By Written Contract
Information required to complete this Schedule, if not shown A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury' or
"property damage" occurring after:

Location(s) Of Covered Operations
Where Required By Written Contract
above, will be shown in the Declarations.

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

Page 1 of 1 ends

POLICY NUMBER: 1000100141231
Effective: 07/01/2023

COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

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

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Name Of Additional Insured Person(s) Or
Organization(s):

Where Required By Written Contract

SCHEDULE
Location And Description Of Completed
Operations
Where Required By Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

Page 1 of 1 ends

POLICY NUMBER: 1000198198231 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

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

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

Named Insured: West Coast Arborists, Inc.

Endorsement Effective Date: 07/01/2023

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

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

Starr Indemnity & Liability Company
Dallas, TX 1-866-519-2522
Primary and Non -Contributory Condition
Policy Number: 1000100141231 Effective Date: July 1, 2023 at 12:01 A.M.

Named Insured: West Coast Arborists, Inc.

This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
A. SECTION IV — CONDITIONS, condition 4. Other Insurance is amended as follows:

1. The following is added to paragraph 4.a. of the Other Insurance condition:

This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

Signed for STARR INDEMNITY & LIABILITY COMPANY
Steve Blakey, President
pck
Nehemiah E. Ginsburg, General Counsel
OG 107 (04/11) Page 1 of 1
Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved.

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

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

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

The additional premium for this endorsement shall be 2 • 0 % of the California workers' compensation premium otherwise due on such remuneration.

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

Where required by contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/2023
Policy No.: 100 0004228 Endorsement No.:

Insured: West Coast Arborists, Inc. Premium:

Insurance Company: Starr Specialty Insurance Company Countersigned by WC 04 03 06
(Ed. 04-84)

Page 1 of 1 ends

Placentia City CouncilNovember 21, 2023

Placentia City Council
November 21, 2023