May 20, 2025, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 20, 2025
Honorable Mayor and Members of the City C~uw
Eric Heidemann, Director of Public Works ':I:"-'
Danielle McIntosh, Senior Management Anal~
(858) 668-4729 or [email protected]
CITY COUNCIL
Award of Agreement to West Coast Arborists, Inc. for Urban Forestry Maintenance Services
The City of Poway (City) seeks to obtain tree urban forestry maintenance services (tree maintenance services) for approximately 15,000 City owned trees. The City participates in and is a member of several cooperative purchasing organizations, including Sourcewell, formally known as National Joint Powers Alliance (NJPA), which establish and provide nationwide competitively solicited purchasing contracts to be utilized by member agencies. For efficiency and optimal pricing, it is recommended the City enter into an agreement with West Coast Arborists, Inc. utilizing an existing Agreement that was competitively bid by the City of Rialto. Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing agreements for the procurement of supplies, services or equipment. The length of the Agreement shall be for two (2) years beginning July 1, 2025, through June 30, 2027, which is in line with the existing cooperative purchasing agreement. The Agreement may be extended through a total of two (2) separate one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for urban forestry maintenance services to West Coast Arborists, Inc., and authorize the City Manager to execute the necessary documents.
Discussion:
The City's tree maintenance services agreement (separate from landscape maintenance) provides professional tree trimming and maintenance for approximately 15,000 City owned trees located in parks, rights-of-way, landscape maintenance districts, and other public areas throughout the City.
Proactive tree maintenance plays a critical role in reducing safety risks to the public and property, such as falling limbs, obstructed sightlines for drivers and pedestrians, and interference with utility lines. Proper tree care also minimizes the risk of damage during severe weather events, helps prevent the spread of pests or diseases, and contributes to the overall health and longevity of the urban forest. 1 of 56
May 20, 2025, Item #3
The primary scope of work includes routine tree trimming and proper recycling and/or disposal of trimmings. Additional services provided on an as-needed basis include tree removal, planting, stump grinding, certified arborist consultation, support for storm damage or other emergencies. The City trims approximately 3,000 trees annually, on an average five-year trimming cycle. This cycle aligns with best management practices recommended by the California Joint Powers Insurance Authority UPIA), the City's Risk Management provider.
The City has maintained an agreement with West Coast Arborists, Inc. for the past 14 years and is satisfied with the quality of their services. West Coast Arborists, Inc. has consistently met the City's maintenance standards and provides unlimited access and support of the tree inventory software, Arbor Access. This software is an invaluable resource for the City, supporting a wide range of projects both within and beyond the scope of the tree maintenance services Agreement.
The City's current tree maintenance services Agreement expires on June 30, 2025. To ensure the continuation of these services, staff recommends entering into a new Agreement with West Coast Arborists, Inc. utilizing an existing Agreement with The City of Rialto. The overall cost of the new Agreement was deemed reasonable, reflecting a four (4) percent increase over the current agreement, which is an average increase based on the Consumer Price Index (CPI). The length of the proposed Agreement shall be for two (2) years beginning July 1, 2025, through June 30, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of two (2) separate one-year terms. The maximum length of the Agreement would be up to four (4) years.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds (approximately $515,000 on average annually) are being included in the: Water Supply, Treatment and Storage Divisions (402060-41200); Street Maintenance (411040-41200); Parks, Trails and Landscape (414040-41200); Facilities (415010-41200); LMD 19-1 (420140-41200); LMD 83- 1A (421040-41200); LMD 83-18 (421140-41200); LMD 83-1C (421240-41200); LMD 86-1A (423040- 41200); LMD 86-2A (424040-41200); LMD 86-28 (424140-41200); LM D 86-3A (425040-41200); LMD 86- 38 (425140-41200); and LMD 87-1 (426040-41200) proposed Fiscal Year 2025-26 budget for urban forestry maintenance services, which includes scheduled routine maintenance, that will be considered by the City Council on June 17, 2025. This does not include unanticipated projects. The Agreement will be awarded upon adoption of the proposed budget.
Landscape Maintenance District (LMD) tree maintenance services are determined by the LMD's annual assessment, budget, and service level, as outlined in the district's annual Engineer's Report.
Public Notification:
None.
Attachments:
A. Standard Agreement
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May 20, 2025, Item #3
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
l!b/£:2)
City Manager
May 20, 2025, Item #3
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 1st day of July, 2025, by and between the CITY OF POWAY (hereinafter referred to as "City") and WEST COAST ARBORISTS, INC., a California corporation. ("the CONTRACTOR").
RECITALS
WHEREAS, City desires to obtain the services for providing urban forestry maintenance services to the City;
WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; and
WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 4 of 56 ATTACHMENT A
May 20, 2025, Item #3
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Contractor shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand.
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May 20, 2025, Item #3
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interest's conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar
authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item; and
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
May 20, 2025, Item #3
DISCLOSURE DETERMINATION:
~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the agreement period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
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May 20, 2025, Item #3
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence.
(c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts.
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May 20, 2025, Item #3
(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement.
(f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section
15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services.
17. Contractor Not an Agent.
Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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May 20, 2025, Item #3
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
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May 20, 2025, Item #3
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank)
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May 20, 2025, Item #3
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By: __________ _
Alan Fenstermacher, City Attorney
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WEST COAST ARBORISTS, INC.
By: ___________ _
Michael Palat, Vice President
May 20, 2025, Item #3
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Contractor agrees to perform Urban Forestry Maintenance Services as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. The City reserves the right to modify the location and tasks as deemed necessary.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposals submitted in writing on March 18, 2025, which is included in this document as Attachment
1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred.
C. Term of Agreement.
This Agreement shall be effective from the period commencing July 1, 2025, and ending June 30, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year period upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than June 30, 2027. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
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May 20, 2025, Item #3
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
(b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
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May 20, 2025, Item #3
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
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To City:
To Contractor:
City of Poway
P.O. Box 789
Poway, CA 92074
West Coast Arborist, Inc.
2200 E Via Burton.
Anaheim, CA 92806
(Remainder of page intentionally left blank)
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8A8007BD-03E5-4FF6-8271-A46BDB9BC03B
ATTACHMENT
1 PROFESSIONAL
SERVICES
AGREEMENT
BETWEEN
THE
CITY
OF
RIAL
TO
AND
WEST
COAST
ARBORISTS,
INC
THIS
SERVICES
AGREEMENT
(herein
"Agreement")
is
made
and
entered
into
this
1st
day
of
July,
2024,
by
and
between
the
City
of
Rialto,
a
municipal
corporation
and
California
general
law
city
("City"),
and
West
Coast
Arborists
,
Inc.
a
California
C
Corporation,
("Consultant").
City
and
Consultant
are
sometimes
individually
referred
to
as
"Party"
or
collectively
as
uParties"
.
RECITALS
A.
City
has
sought,
by
Request
for
Proposals
No.
24-025,
the
performance
of
professional
services
related
to
the
trimming,
complete
removal
of
trees
and
stumps,
watering,
disease/pest
control,
plantings,
new
tree
care
watering,
staking,
root
pruning,
skinning,
and
GIS
inventory/internet
database,
as
defined
and
described
particularly
in
Article
1 of
this
Agreement.
B.
Following
the
submission
of
a proposal
for
the
perfonnance
of
the
services
defined
and
described
particularly
in
Article
1 of
this
Agreement,
Consultant
was
selected
by
the
City
to
perform
those
services.
C.
Pursuant
to
Chapter
2.48 of
the
Rialto
Municipal
Code,
City
has
authority
to
enter
into
and
execute
this
Agreement.
D.
The
Parties
desire
to
formalize
the
selection
of
Consultant
for
the
performance
of
those
services
defined
and
described
particularly
in
Article
1 of
this
Agreement
and
desire
that
the
terms
of
that
performance
be
as
particularly
defined
and
described
herein.
OPERATIVE
PROVISIONS
NOW,
THEREFORE,
in
consideration
of
the
mutual
promises
and
covenants
made
by
the
Parties
and
contained
herein
and
other
consideration,
the
value
and
adequacy
of
which
are
hereby
acknowledged,
the
parties
agree
as
follows:
ARTICLE
1. SERVICES
OF
CONSUL
TANT
4872-4429-3132
v2
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May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271-A46BDB9BC03B 1.1
Scope
of
Services.
In
compliance
with
all
terms
and
conditions
of
this
Agreement,
Consultant
shall
provide
those
professional
services
associated
with
the
trimming,
complete
removal
of
trees
and
stumps,
watering,
disease/pest
control,
plantings,
new
tree
care
watering,
staking,
root
pruning,
skinning,
and
G[S
inventory/internet
database,
and
as
specified
in
the
"Scope
of
Services"
attached
hereto
as
Exhibit
"A"
and
incorporated
herein
by
this
reference,
which
services
may
be
referred
to
herein
as
the
"services"
or
"work"
hereunder.
As
a
material
inducement
for
City
to
enter
into
this
Agreement,
Consultant
represents
and
warrants
that
it
has
the
qualifications,
experience,
and
facilities
necessary
to
properly
perform
the
services
required
under
this
Agreement
in
a
thorough,
competent,
and
professional
manner,
it meets
all
local,
state,
and
federal
requirements
in
performing
the
services,
and
it is
experienced
in
performing
the
work
and
services
contemplated
herein.
Consultant
shall
at
all
times
faithfully,
competently,
and
to
the
best
of
its
ability,
experience,
and
talent,
perionn
all
services
described
herein.
Consultant
covenants
that
it
shall
follow
the
highest
professional
standards
in
performing
the
work
and
services
required
hereunder
and
that
all
materials
will
be
of
good
quality,
fit
for
the
purpose
intended.
For
purposes
of
this
Agreement,
the
phrase
"highest
professional
standards"
shall
mean
those
standards
of
practice
recognized
by
one
or
more
professional
firms
performing
similar
work
under
similar
circumstances.
1.2 Consultant's
Proposal.
The
Agreement
between
the
Parties
shall
consist
of
the
following:
(1)
this
Agreement;
(2)
the
Scope
of
Services;
(3)
the
City's
Request
for
Proposals
No.
24M025;
and,
(4)
the
Consultant's
signed,
original
proposal
submitted
to
the
City
("Consultant's
Proposal"),
(collectively
referred
to
as
the
"Contract
Documents").
The
Contract
Documents
and
Accepted
Proposal
shall
be
incorporated
herein
by
this
reference
as
though
fully
set
forth
herein.
In
the
event
of
any
inconsistency
between
the
Scope
of
Services,
Consultant's
Proposal,
and/or
this
Agreement,
the
tenns
of
this
Agreement
shall
govern.
1.3 Compliance
with
Law.
Consultant
shall
keep
itself
infonned
concerning,
and
shall
render
an
services
hereunder
in
accordance
with,
all ordinances,
resolutions,
statutes,
rules,
and
regulations
of
the
City
and
any
federal,
state,
or
local
governmental
entity
having
jurisdiction
in
effect
at
the
time
service
is
rendered.
1.4 Licenses,
Permits,
Fees,
and
Assessments.
Consultant
shall
obtain,
at
its
sole
cost
and
expense,
such
licenses,
pennits,
and
approvals
as
may
be
required
by
[aw
for
the
performance
of
the
services
required
by
this
Agreement.
Consultant
shall
have
the
sole
obligation
to
pay
for
any
fees,
assessments,
and
taxes,
plus
applicable
penalties
and
interest,
which
may
be
imposed
by
law
and
arise
from
or
are
necessary
for
the
Consultant's
performance
of
the
services
required
by
this
Agreement,
and
shall
indemnify,
defend,
and
hold
harmless
City,
its
officers,
employees
or
agents
of
City,
against
any
such
fees,
assessments,
taxes
penalties,
or
interest
levied,
assessed,
or
imposed
against
City
hereunder.
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Familiarity
with
Work.
By
executing
this
Agreement,
Consultant
warrants
that
Consultant
(i)
has
thoroughly
investigated
and
considered
the
scope
of
services
to
be
performed,
(ii)
has
carefully
considered
how
the
services
should
be
performed,
and
(iii)
fully
understands
the
facilities,
difficulties,
and
restrictions
attending
performance
of
the
services
under
this
Agreement.
If
the
services
involve
work
upon
any
site,
Consultant
warrants
that
Consultant
has
or
will
investigate
the
site
and
is
or
will
be
fully
acquainted
with
the
conditions
there
existing,
prior
to
commencement
of
services
hereunder.
If
Consultant
discovers
any
latent
or
unknown
conditions
that will
materially
affect
the
performance
of
the
services
hereunder,
then
Consultant
shall
immediately
inform
the
City
of
such
fact
and
shall
not
proceed
except
at
City's
risk
until
written
instructions
are
received
from
the
Contract
Officer.
1.6 Care
of
Work.
Consultant
shall
adopt
reasonable
methods
during
the
life
of
the
Agreement
to
furnish
continuous
protection
to
the
work,
and
the
equipment,
materials,
papers,
documents,
plans,
studies,
and/or
other
components
thereof,
to
prevent
losses
or
damages,
and
shall
be
responsible
for
all
such
damages
to
persons
or
property,
until
acceptance
of
the
work
by
City,
except
such
losses
or
damages
as
may
be
caused
by
City's
own
negligence.
1.7 Prevailing
Wages.
Consultant
is
aware
of
the
requirements
of
California
Labor
Code
Section
1720,
et
seq.
and
1770,
et
seq.,
as
well
as
California
Code
of
Regulations,
Title
8,
Section
1600,
et
seq.,
("Prevailing
Wage
Laws"),
which
require
the
payment
of
prevailing
wage
rates
and
the
performance
of
other
requirements
on
"Public
Works"
and
"Maintenance"
projects.
It
is
the
understanding
of
City
and
Consultant
that
the
Prevailing
Wage
Laws
may
not
apply
to
this
Agreement
because
the
Agreement does
not
involve
any
services
subject
to
prevailing
wage
rates
pursuant
to
the
California
Labor
Code
or
regulations
promulgated
thereunder.
However,
Consultant
shall
defend,
indemnify,
and
hold
City,
its
elected
officials,
officers,
employees,
and
agents
free
and
harmless
from
any
claim
or
liability
arising
out
of
any
failure
or
alleged
failure
to
comply
with
the
Prevailing
Wage
Laws.
1.8 Further
Responsibilities
of
Parties.
Both
Parties
agree
to
use
reasonable
care
and
diligence
to
perform
their
respective
obligations
under
this
Agreement.
Both
Parties
agree
to
act
in
good
faith
to
execute
all
instruments,
prepare
all
documents,
and
take
all
actions
as
may
be
reasonably
necessary
to
carry
out
the
purposes
of
this
Agreement.
Unless
specified
in
this
Agreement,
neither
Party
shall
be
responsible
for
the
service
of
the other.
1.9 Additional
Services.
City
shall
have
the
right
at
any
time
during
the
performance
of
the
services,
without
invalidating
this
Agreement,
to
order
extra
work
beyond
that
specified
in
the
Scope
of
Services
or
make
changes
by
altering,
adding
to,
or
deducting
from
said
work.
No
such
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extra
work
or
change
may
be
undertaken
unless
a
written
order
is
first
given
by
the
Contract
Officer
to
the
Consultant,
describing
in
detail
the
extra
work
or
change
and
the
reason(s)
therefor
and
incorporating
therein
any
adjustment
in
(i)
the
Contract
Sum
for
the
actual
cost
of
the
extra
work
or
change,
and/or
(ii)
the
time
to
perform
this
Agreement,
which
said
adjustments
shall
be
reflected
in
an
amendment
to
the
Agreement
subject
to
the
written
approval
of
the
Parties.
Any
amendment
to
this
Agreement
shall
be
reviewed
and
approved
by
the
City
Manager.
ln
accordance
with
Rialto
Municipal
Code
section
2.48.180,
increases
in
compensation
of
this
Agreement
may
be
approved
by
the
City
Manager
provided:
(a)
the
initial
Contract
Sum
was
fess
than
One
Hundred
Thousand
Dollars
($100,000)
and
the
amended
Contract
Sum
when
considering
any
or
all
amendments
will
not
exceed
One
Hundred
Thousand
Dollars
($100,000);
or
(b)
the
agreement
was
approved
by
the
City
Council
and
the
increases
in
compensation
taken
either
separately
or
cumulatively
do
not
exceed
One
Hundred
Thousand
Dollars
($100,000).
Any
greater
increases,
taken
either
separately
or
cumulatively
must
be
approved
by
the
City
Council.
Payment
for
additional
services
rendered
by
Consultant
under
this
Agreement
requires
the
submission
of
the
actual
costs
of
Consultant's
performance
of
the
extra
work
with
the
invoice(s)
for the
extra
work
claim(s),
as
provided
in
Section
2.4. It is
expressly
understood
by
Consultant
that
the
provisions
of
this
Section
shall
not
apply
to
services
specifically
set
forth
in
the
Scope
of
Services.
Consultant
hereby
acknowledges
that
it accepts
the
risk
that
the
services
to
be
provided
pursuant
to
the
Scope
of
Services
may
be
more
costly
or
time
consuming
than
Consultant
anticipates
and
that
Consultant
shall
not
be
entitled
to
additional
compensation
therefor.
City
may
in
its
sole
and
absolute
discretion
have
similar
work
done
by
other
contractors.
No
claim
for
an
adjustment
in
the
contract
amount
or
time
for
performance
shall
be
valid
unless
the
procedures
established
in
this
Section
are
followed.
ARTICLE
2. COMPENSATION
AND
METHOD
OF
PAYMENT
2.1 Contract
Sum.
Subject
to
any
limitations
set
forth
in
this
Agreement,
City
agrees
to
pay
Consultant
the
amounts
specified
in
the
"Schedule
of
Compensation"
attached
hereto
as
Exhibit
"B"
and
incorporated
herein
by
this
reference.
Upon
commencement
of
this
Agreement
the
total
compensation,
including
reimbursement
for
actual
expenses,
shall
not
exceed
Five
Hundred
Fifty
Thousand
Dollars
and
Zero
Cents
($550,000.00)
(the
"Contract
Sum").
The
Contract
Sum
may
also
be
increased
for
additional
services
pursuant
to
Section
1.9. 2.2
Method
of
Compensation.
The
method
of
compensation
may
include:
(i)
a
lump
sum
payment
upon
completion;
(ii)
payment
in
accordance
with
specified
tasks
or
the
percentage
of
completion
of
the
services;
(iii)
payment
for
time
and
materials
based
upon
the
Consultant's
rates
as
specified
in
the
Schedule
of
Compensation,
provided
that
time
estimates
are
provided
for
the
performance
of
sub
tasks,
but
not
exceeding
the
Contract
Sum;
or
(iv)
such
other
methods
as
may
be
specified
in
the
Schedule
of
Compensation.
2.3 Reimbursable
Expenses.
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may
include
reimbursement
for
actual
and
necessary
expenditures
for
reproduction
costs,
telephone
expenses,
and
travel
expenses
approved
by
the
Contract
Officer
in
advance,
or
actual
subcontractor
expenses
of
an
approved
subcontractor
pursuant
to
Section
4.5,
and
only
if
specified
in
the
Schedule
of
Compensation.
The
Contract
Sum
shall
include
the
attendance
of
Consultant
at
all
project
meetings
reasonably
deemed
necessary
by
the
City.
Coordination
of
the
performance
of
the
work
with
City
is
a
critical
component
of
the
services.
If Consultant
is
required
to
attend
additional
meetings
to
facilitate
such
coordination,
Consultant
shall
not
be
entitled
to
any
additional
compensation
for
attending
said
meetings.
2.4 Invoices.
Each
month
Consultant
shall
furnish
to
City
an
original
invoice
for
al!
work
performed
and
expenses
incurred
during
the
preceding
month
in
a
form
approved
by
City's
Director
of
Finance.
By
submitting
an
invoice
for
payment
under
this
Agreement,
Consultant
is
certifying
compliance
with
all
provisions
of
the
Agreement.
The
invoice
shall
detail
charges
for
all
necessary
and
actual
expenses
by
the
following
categories:
labor
(by
sub-category),
travel,
materials,
equipment,
supplies,
and
subwcontractor
contracts.
Sub-contractor
charges
shall
also
be
detailed
by
such
categories.
Consultant
shall
not
invoice
City
for
any
duplicate
services
performed
by
more
than
one
person.
City
may
independently
review
each
invoice
submitted
by
the
Consultant
to
determine
whether
the
work
performed,
and
expenses
incurred
are
in
compliance
with
the
provisions
of
this
Agreement.
Except
as
to
any
charges
for
work
performed
or
expenses
incurred
by
Consultant
which
are
disputed
by
City,
or as
provided
in
Section
7.3,
City
will
use
its
best
efforts
to
cause
Consultant
to
be
paid
within
thirty
(30)
days
of
receipt
of
Consultant's
correct
and
undisputed
invoice;
however,
Consultant
acknowledges
and
agrees
that
due
to
City
warrant
run
procedures,
the
City
cannot
guarantee
that
payment
will
occur
within
this
time
period.
In
the
event
any
charges
or
expenses
are
disputed
by
City,
the
original
invoice
shall
be
returned
by
City
to
Consultant
for
correction
and
resubmission.
2.5 No
Waiver.
Review
and
payment
by
City
to
Consultant
of
any
invoice
for
work
perfonned
by
Consultant
pursuant
to
this
Agreement
shall
not
be
deemed
a
waiver
of
any
defects
in
work
performed
by
Consultant
or
of
any
rights
or
remedies
provided
herein
or
any
applicable
law.
ARTICLE
3. PERFORMANCE
SCHEDULE
3.1 Time
of
Essence.
Time
is
of
the
essence
in
the
performance
of
this
Agreement.
3.2 Schedule
of
Performance.
Consultant
shall
commence
the
services
pursuant
to
this
Agreement
upon
receipt
of
a
written
notice
to
proceed
and
shall
perform
all
services
within
the
time
period(s)
established
in
the
"Schedule
of
Performance"
attached
hereto
as
Exhibit
"C"
and
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incorporated
herein
by
this
reference.
When
requested
by
the
Consultant,
extensions
to
the
time
period(s)
specified
in
the
Schedule
of
Performance
may
be
approved
in
writing
by
the
Contract
Officer.
3.3 Force
Majeure.
The
time
period(s)
specified
in
the
Schedule
of
Performance
for
performance
of
the
services
rendered
pursuant
to
this
Agreement
shall
be
extended
because
of
any
delays
due
to
unforeseeable
causes
beyond
the
control
and
without
the
fault
or
negligence
of
the
Consultant,
including,
but
not
restricted
to,
acts
of
God
or
of
the
public
enemy,
unusually
severe
weather,
fires,
earthquakes,
floods,
epidemics,
quarantine
restrictions,
riots,
strikes,
freight
embargoes,
wars,
litigation,
and/or
acts
of
any
governmental
agency,
including
the
City,
if
the
Consultant
shall,
within
ten
(10)
days
of
the
commencement
of
such
delay,
notify
the
Contract
Officer
in
writing
of
the
causes
of
the
delay.
The
Contract
Officer
shall
ascertain
the
facts
and
the
extent
of
delay,
and
extend
the
time
for
performing
the
services
for
the
period
of
the
enforced
delay
when
and
if in
the
judgment
of
the
Contract
Officer
such
delay
is
justified.
The
Contract
Officer
shall
extend
the
Ume
for
performance
in
accordance
with
the
procedures
set
forth
in
Section
1.9. The
Contract
Officer's
determination
shall
be
final
and
conclusive
upon
the
Parties
to
this
Agreement.
In
no
event
shall
Consultant
be
entitled
to
recover
damages
against
the
City
for
any
delay
In
the
performance
of
this
Agreement,
however
caused,
Consultant's
sole
remedy
being
extension
of
the
Agreement
pursuant
to
this
Section.
3.4 Term.
Unless
earlier
terminated
in
accordance
with
Article
7 of
this
Agreement,
this
Agreement
shall
continue
in
full
force
and
effect
through
completion
of
the
services
related
to
Request
for
Proposals
No.
24-025,
(the
"Project"),
and
as
identified
in
the
Schedule
of
Performance,
Exhibit
"C".
The
initial
contract
will
be
for
three
years,
from
July
1,
2024,
through
June
30,
2027
. The
City
may
extend
the
Contract
for
up
to
two
(2)
optional
one
(1)
year
term
extensions
based
on
satisfactory
performance.
AH
extensions
are
subject
to
satisfactory
performance,
additional
negotiations
, and
City
Council
approval
as
necessary
.
ARTICLE
4. COORDINATION
OF
WORK
4.1 Representatives
and
Personnel
of
Consultant.
The
following
principals
of
Consultant
("Principals")
are
hereby
designated
as
being
the
principals
and
representatives
of
Consultant
authorized
to
act
in
its
behalf
with
respect
to
the
work
specified
herein
and
make
all
decisions
in
connection
therewith:
Patrick
Mahone
••
President
(Name)
(Title}
Richard
Mahone
1,
Secreta
1rv
(Name)
(Title)
It
is
expressly
understood
that
the
experience,
knowledge,
capability,
and
reputation
of
the
foregoing
Principals
were
a
substantial
inducement
for
City
to
enter
into
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this
Agreement.
Therefore,
the
Principals
shall
be
responsible
during
the
term
of
this
Agreement
for
directing
all
activities
of
Consultant
and
devoting
sufficient
time
to
personally
supervise
the
services
hereunder.
All
personnel
of
Consultant,
and
any
authorized
agents,
shall
at
all
times
be
under
the
exclusive
direction
and
control
of
the
Principals.
For
purposes
of
this
Agreement,
the
Principals
may not
be
replaced
nor
may
their
responsibilities
be
substantially
reduced
by
Consultant
without
the
express
written
approval
of
City.
Additionally,
Consultant
shall
utilize
only
competent
personnel
to
perform
services
pursuant
to
this
Agreement.
Consultant
shall
make
every
reasonable
effort
to
maintain
the
stability
and
continuity
of
Consultant's
staff
and
subcontractors,
if
any,
assigned
to
perform
the
services
required
under
this
Agreement.
Consultant
shall
notify
City
of
any
changes
in
Consultant's
staff
and
subcontractors,
if
any,
assigned
to
perform
the
services
required
under
this
Agreement,
prior
to
and
during
any
such
performance.
In
the
event
that
City,
in
its
sole
discretion,
at
any
time
during
the
term
of
this Agreement,
desires
to
reassign
any
staff
or
subcontractor
of
Consultant,
Consultant
shall,
immediately
upon
a
Reassign
Notice
from
City
of
such
desire
of
City,
reassign
such
persons
or
persons.
4.2 Status
of
Consultant.
Consultant
shall
have
no
authority
to
bind
City
in
any
manner,
or
to
incur
any
obligation,
debt
or
liability
of
any
kind
on
behalf
of
or
against
City,
whether
by
contract
or
otherwise,
unless
such
authority
is
expressly
conferred
under
this
Agreement
or
is
otherwise
expressly
conferred
in
writing
by
City.
Consultant
shall
not
at
any
time
or
in
any
manner
represent
that
Consultant
or
any
of
Consultant's
officers,
employees,
or
agents
are
in
any
manner
officials,
officers,
employees
or
agents
of
City.
Neither
Consultant,
nor
any
of
Consultant's
officers,
employees
or
agents,
shall
obtain
any
rights
to
retirement,
health
care,
or
any
other
benefits
which
may
otherwise
accrue
to
City's
employees.
Consultant
expressly
waives
any
claim
Consultant
may
have
to
any
such
rights.
4.3 Contract
Officer.
The
Contract
Officer
shall
be
the
City
Manager
or
other
such
person
designated
by
the
City
Manager.
It shall
be
the
Consultant's
responsibility
to
assure
that
the
Contract
Officer
is
kept
informed
of
the
progress
of
the
performance
of
the
services
and
the
Consultant
shall
refer
any
decisions
which
must
be
made
by
City
to
the
Contract
Officer.
Unless
otherwise
specified
herein,
any
approval
of
City
required
hereunder
shall
mean
the
approval
of
the
Contract
Officer.
The
Contract
Officer
shall
have
authority,
if specified
in
writing
by
the
City
Manager,
to
sign
all
documents
on
behalf
of
the
City
required
hereunder
to
carry
out
the
terms
of
this
Agreement.
4.4 Independent
Contractor.
Neither the
City
nor
any
of
its
employees
shall
have
any
control
over
the
manner,
mode,
or
means
by
which
Consultant,
its
agents
or
employees,
perform
the
services
required
herein,
except
as
otherwise
set
forth
herein.
City
shall
have
no
voice
in
the
selection,
discharge,
supervision
or
control
of
Consultant's
employees,
servants,
representatives,
or
agents,
or
in
fixing
their
number,
compensation,
or
hours
of
service.
Consultant
shall
perform
all
services
required
herein as
an
independent
contractor
of
City
and
shall
remain
at
all
times
as
to
City
a
wholly
independent
contractor
with
only
such
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obligations
as
are
consistent
with
that
role.
Consultant
shall
not
at
any
time
or
in
any
manner
represent
that
it
or
any
of
its
agents
or
employees
are
agents
or employees
of
City.
City
shall
not
in
any
way
or
for
any
purpose
become
or
be
deemed
to
be
a
partner
of
Consultant
in
its
business
or
otherwise
or
a
joint
venturer
or
a
member
of
any
joint
enterprise
with
Consultant.
4.5 Prohibition
Against
Subcontracting
or
Assignment.
The
experience,
knowledge,
capability,
and
reputation
of
Consultant,
its
principals
and
employees
were
a
substantial
inducement
for
the
City
to
enter
into
this
Agreement.
Therefore,
Consultant
shall
not
contract
with
any
other
entity
to
perform
in
whole
or
in
part
the
services
required
hereunder
without
the
express
written
approval
of
the
City.
In
addition,
neither
this
Agreement
nor
any
interest
herein
may
be
transferred,
assigned,
conveyed,
hypothecated,
or
encumbered
voluntarily
or
by
operation
of
law,
whether
for
the
benefit
of
creditors
or
otherwise,
without
the
prior
written
approval
of
City.
Transfers
restricted
hereunder
shall
include
the
transfer
to
any
person
or
group
of
persons
acting
in
concert
of
more
than
twenty
five
percent
(25%)
of
the
present
ownership
and/or
control
of
Consultant,
taking
all
transfers
into
account
on
a
cumulative
basis.
In
the
event
of
any
such
unapproved
transfer,
including
any
bankruptcy
proceeding,
this
Agreement
shall
be
void.
No
approved
transfer
shall
release
the
Consultant
or
any
surety
of
Consultant
of
any
liability
hereunder
without
the
express
consent
of
City.
ARTICLE
5. INSURANCE,
INDEMNIFICATION
AND
BONDS
5.1 Insurance
Coverages.
The
Consultant
shall
procure
and
maintain,
at
its
sole
cost
and
expense,
in
a form
and
content
satisfactory
to
City,
during
the
entire
term
of
this
Agreement
including
any
extension
thereof,
the
following
policies
of
insurance
which
shall
cover
all
elected
and
appointed
officers,
employees,
and
agents
of
City:
(a)
Com
xehensive
General
Liabilit
·
Insurance
Occurrence
Form
CG0001
ore
uivalent
'. A
policy
of
comprehensive
general
liability
Insurance
written
on
a per
occurrence
basis
for
bodily
injury,
personal
injury,
and
property
damage.
The
policy
of
insurance
shall
be
in
an
amount
not
less
than
$1,000,000.00
per
occurrence
or
if
a
general
aggregate
limit
is
used,
then
the
general
aggregate
limit
shall
be
twice
the
occurrence
limit. (b)
Worker's
Com
ensation
Insurance
.
A
policy
of
worker's
compensation
insurance
in
such
amount
as
will
fully
comply
with
the
laws
of
the
State
of
California
and
which
shall
indemnify,
insure,
and
provide
legal
defense
for
both
the
Consultant
and
the
City
against
any
loss,
claim,
or
damage
arising
from
any
injuries
or
occupational
diseases
occurring
to
any
worker
employed
by
or any
persons
retained
by
the
Consultant
in
the
course
of
carrying
out
the
work
or
services
contemplated
in
this
Agreement.
(c)
Automotive
Insurance
'Form
CA
0001
(Ed
1/87
'1 includin
"an
1 auto"
and
endorsement
CA
0025
or
e -
ivalent
'I.
A
policy
of
comprehensive
automobile
liability
insurance
written
on
a
per
occurrence
for
bodily
injury
and
property
damage
in
an
amount
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not
less
than
$1,000,000.
Said
policy
shall
include
coverage
for
owned, non-owned,
leased,
and
hired
cars.
(d)
Professional
Liabllit
1•.
Professional
liability
insurance
appropriate
to
the
Consultant's
profession
. This
coverage
may
be
written
on
a "claims
made"
basis,
and
must
include
coverage
for
contractual
liability.
The
professional
liability
insurance
required
by
this
Agreement
must
be
endorsed
to
be
applicable
to
claims
based
upon,
arising
out
of,
or
related
to
services
performed
under
this
Agreement.
The
insurance
must
be
maintained
for
at
least
5 consecutive
years
following
the
completion
of
Consultant's
services
or
the
termination
of
this
Agreement.
During
this
additional
5-year
period,
Consultant
shall
annually
and
upon
request
of
the
City
submit
written
evidence
of
this
continuous
coverage.
(e)
Additional
Insurance
.
Policies
of
such
other
insurance,
as
may
be
required
in
the
Special
Requirements.
(f)
Subcontractors.
Consultant
shall
include
all
subcontractors
as
insureds
under
its
policies
or
shall
furnish
separate
certificates
and
certified
endorsements
for
each
subcontractor.
All
coverages
for
subcontractors
shall
be
subject
to
all
of
the
requirements
stated
herein.
5.2 General
Insurance
Requirements.
All
of
the
above
policies
of
insurance
shall
be
primary
insurance
and
shall
name
the
City,
its
elected
and
appointed
officers,
employees
, and
agents
as
addit
ional
insureds,
and
any
insurance
maintained
by
City
or
its
officers,
employees,
or
agents
shall
apply
in
excess
of,
and
not
contribute
with,
Consultant's
insurance.
The
insurer
is
deemed
hereof
to
waive
all
rights
of
subrogation
and
contribution
it may
have
against
the
City,
its
officers,
employees
and
agents
and
their
respective
insurers
.
The
insurance
policy
must
specify
that
where
the
primary
insured
does
not
satisfy
the
self
"insured
retention,
any
additional
insured
may
satisfy
the
self-insured
retention.
All
of
said
policies
of
insurance
shall
provide
that
said
insurance
may
not
be
amended
or
cancelled
.by
the
insurer
or
any
Party
hereto
without
providing
thirty
(30)
days
prior
written
notice
by
certified
mail
return
receipt
requested
to
the
City.
In
the
event
any
of
said
policies
of
insurance
are
cancelled,
the
Consultant
shall,
prior
to
the
cancellation
date,
submit
new
evidence
of
insurance
in
conformance
with
Section
5.1 to
the
Contract
Officer.
No
work
or
services
under
this
Agreement
shall
commence
until
the
Consultant
has
provided
the
City
with
Certificates
of
Insurance
or
appropriate
insurance
binders
evidencing
the
above
insurance
coverages
and
said
Certificates
of
Insurance
or
binders
are
approved
by
the
City.
City
reserves
the
right
to
inspect
complete,
certified
copies
of
all
required
insurance
policies
at
any
time.
Any
failure
to
comply
with
the
reporting
or
other
provisions
of
the
policies
including
breaches
or
warranties
shall
not
affect
coverage
provided
to
City.
City,
its
respective
elected
and
appointed
officers,
directors,
officials,
employees
,
agents
and
volunteers
are
to
be
covered
as
additional
insureds
as
respects
:
liability
arising
out
of
activities
Consultant
performs;
products
and
completed
operations
of
Consultant;
premises
owned,
occupied
or
used
by
Consultant;
or
automobiles
owned,
leased,
hired
or
borrowed
by
Consultant.
The
coverage
shall
contain
no
special
limitations
on
the
scope
of
protection
afforded
to
City,
and
their
respective
elected
and
appointed
officers,
officials,
employees,
or
volunteers.
Consultant's
insurance
shalt
apply
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separately
to
each
insured
against
whom
claim
is
made
or
suit
is
brought,
except
with
respect
to
the
limits
of
the
insurer's
liability.
Any
deductibles
or
self-insured
retentions
must
be
declared
to
and
approved
by
City. At
the
option
of
City,
either
the
insurer
shall
reduce
or
eliminate
such
deductibles
or
self-insured
retentions
as
respects
City
or
its
respective
elected
or
appointed
officers,
officials,
employees
and
volunteers
or
the
Consultant
shall
procure
a bond
guaranteeing
payment
of
losses
and
related
investigations,
claim
administration,
defense
expenses
and
claims.
The
Consultant
agrees
that
the
requirement
to
provide
insurance
shall
not
be
construed
as
limiting
in
any
way
the
extent
to
which
the
Consultant
may
be
held
responsible
for
the
payment
of
damages
to
any
persons
or
property
resulting
from
the
Consultant's
activities
or
the
activities
of
any
person
or
persons
for
which
the
Consultant
is
otherwise
responsible
nor
shall
it
limit
the
Consultant's
indemnification
liabilities
as
provided
in
Section
5.3. In
the
event
the
Consultant
subcontracts
any
portion
of
the
work
in
compliance
with
Section
4.5 of
this
Agreement,
the
contract
between
the
Consultant
and
such
subcontractor
shall
require
the
subcontractor
to
maintain
the
same
policies
of
insurance
that
the
Consultant
is
required
to
maintain
pursuant
to
Section
5.1. and
such
certificates
and
endorsements
shall
be
provided
to
City.
5.3 Indemnification.
To
the
full
extent
permitted
by
law,
Consultant
agrees
to
indemnify,
defend,
and
hold
harmless
the
City,
its
officers,
employees
and
agents
("Indemnified
Parties")
against
any
and
all
actions,
either
judicial,
administrative,
arbitration
or
regulatory
claims.
damages
to
persons
or
property,
losses,
costs,
penalties,
obligations,
errors,
omissions
or
liabilities
whether
actual
or
threatened
(herein
"claims
or
liabilities")
that
may
be
asserted
or
claimed
by
any
person,
firm
or
entity
arising
out
of
or
in
connection
with
the
negligent
performance
of
the
work,
operations,
or
activities
provided
herein
of
Consultant,
its
officers,
employees,
agents,
subcontractors,
or
invitees,
or
any
individual
or
entity
for
which
Consultant
is
legally
liable
("indemnitors"),
arising
from
Consultant
's
reckless
or
willful
misconduct,
or
arising
from
Consultant's
or
indemnitors'
negligent
performance
of
or
failure
to
perform
any
term,
provision,
covenant,
or
condition
of
this
Agreement,
and
in
connection
therewith:
{a)
Consultant
will
defend
any
action
or
actions
filed
in
connection
with
any
of
said
claims
or
liabilities
and
will
pay
all
costs
and
expenses,
including
legal
costs
and
attorneys'
fees
incurred
in
connection
therewith;
(b)
Consultant
will
promptly
pay
any
judgment
rendered
against
the
City,
its
officers,
agents,
or
employees
for
any
such
claims
or
liabilities
arising
out
of
or
in
connection
with
the
negligent
performance
of
or
failure
to
perform
such
work,
operations
or
activities
of
Consultant
hereunder;
and
Consultant
agrees
to
save
and
hold
the
City,
its
officers,
agents,
and
employees
harmless
therefrom;
(c)
In
the
event
the
City,
its
officers,
agents
or
employees
is
made
a
party
to
any
action
or
proceeding
filed
or
prosecuted
against
Consultant
for
such
damages
or
other
claims
arising
out
of
or
in
connection
with
the
negligent
performance
of
or
failure
to
perform
the
work,
operation
or
activities
of
Consultant
hereunder,
Consultant
agrees
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to
pay
to
the
City,
its
officers,
agents,
or
employees,
any
and
aH
costs
and
expenses
incurred
by
the
City,
its
officers,
agents,
or
employees
in
such
action
or
proceeding,
including
but
not
limited
to,
legal
costs
and
attorneys'
fees.
Consultant
shall
incorporate
similar,
indemnity
agreements
with
its
subcontractors
and
if
it fails
to
do
so
Consultant
shall
be
fully
responsible
to
indemnify
City
hereunder
therefore,
and
failure
of
City
to
monitor
compliance
with
these
provisions
shall
not
be
a
waiver
hereof.
This
indemnification
includes
claims
or
liabilities
arising
from
any
negligent
or
wrongful
act,
error
or
omission,
or
reckless
or
willful
misconduct
of
Consultant
in
the
performance
of
professional
services
hereunder.
The
provisions
of
this
Section
do
not
apply
to
claims
or
liabilities
occurring
as
a
result
of
City's
sole
negligence
or
wil!ful
acts
or
omissions,
but,
to
the
fullest
extent
permitted
by
law,
shall
apply
to
claims
and
liabilities
resulting
in
part
from
City's
negligence,
except
that
design
professionals'
indemnity
hereunder
shall
be
limited
to
claims
and
liabilities
arising
out
of
the
negligence,
recklessness,
or
willful
misconduct
of
the
design
professional.
The
indemnity
obligation
shall
be
binding
on
successors
and
assigns
of
Consultant
and
shall
survive
termination
of
this
Agreement. Notwithstanding
the
foregoing,
to
the
extent
that
the
Consultant's
services
are
subject
to
California
Civil
Code
Section
2782.8,
the
above
indemnity,
including
the
cost
to
defend,
shall
be
limited
to
the
extent
required
by
Civil
Code
Section
2782.8.
5.4 Sufficiency
of
Insurer
or
Surety.
Insurance
required
by
this
Agreement
shall
be
satisfactory
only
if
issued
by
companies
qualified
to
do
business
in
California,
rated
"A"
or
better
in
the
most
recent
edition
of
Best
Rating
Guide,
The
Key
Rating
Guide
or
in
the
Federal
Register,
and
only
if they
are
of
a financial
category
Class
VII
or
better,
unless
such
requirements
are
waived
by
the
Risk
Manager
of
the
City
(''Risk
Manager")
due
to
unique
circumstances.
If this
Agreement
continues
for
more
than
3 years
duration,
or
in
the
event
the
Risk
Manager
determines
that
the
work
or
services
to
be
performed
under
this
Agreement
creates
an
increased
or
decreased
risk
of
loss
to
the
City,
the
Consultant
agrees
that
the
minimum
limits
of
the
insurance
policies
may
be
changed
accordingly
upon
receipt
of
written
notice
from
the
Risk
Manager
Consultant.
ARTICLE
6. RECORDSs
REPORTS,
AND
RELEASE OF
INFORMATION
6.1 Records.
Consultant
shall
keep,
and
require
subcontractors
to
keep,
such
ledgers
books
of
accounts,
invoices,
vouchers,
canceled
checks,
reports,
studies
or
other
documents
relating
to
the
disbursements
charged
to
City
and
services
performed
hereunder
(the
"books
and
records"),
as
shall
be
necessary
to
perform
the
services
required
by
this
Agreement
and
enable
the
Contract
Officer
to
evaluate
the
performance
of
such
services.
Any
and
all
such
documents
shall
be
maintained
in
accordance
with
generally
accepted
accounting
principles
and
shall
be
complete
and
detailed.
The
Contract
Officer
shall
have
full
and
free
access
to
such
books
and
records
at
all
times
during
normal
business
hours
of
City,
including
the
right
to
inspect,
copy,
audit
and
make
records
and
transcripts
from
such
records.
Such
records
shall
be
maintained
for
a
period
of
3 years
following
completion
of
the
services
hereunder,
and
the
City
shall
have
access
to
such
records
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the
event
any
audit
is
required.
In
the
event
of
dissolution
of
Consultant's
business,
custody
of
the
books
and
records
may
be
given
to
City,
and
access
shall
be
provided
by
Consultant's
successor
in
interest.
6.2 Reports.
Consultant
shall
periodically
prepare
and
submit
to
the
Contract
Officer
such
reports
concerning
the
performance
of
the
services
required
by
this
Agreement
as
the
Contract
Officer
shall
require.
Consultant
hereby
acknowledges
that
the
City
is
greatly
concerned
about
the
cost
of
work
and
services
to
be
performed
pursuant
to
this
Agreement.
For
this
reason,
Consultant
agrees
that
if Consultant
becomes
aware
of
any
facts.
circumstances,
techniques,
or
events
that
may
or
will
materially
increase
or
decrease
the
cost
of
the
work
or
services
contemplated
herein
or,
if
Consultant
is
providing
design
services,
the
cost
of
the
project
being
designed,
Consultant
shall
promptly
notify
the
Contract
Officer
of
said
fact,
circumstance,
technique
or
event
and
the
estimated
increased
or
decreased
cost
related
thereto
and,
if
Consultant
is
providing
design
services,
the
estimated
increased
or
decreased
cost
estimate
for
the
project
being
designed.
6.3 Ownership
of
Documents.
All
drawings,
specifications,
maps,
designs,
photographs,
studies.
surveys,
data,
notes,
computer
files,
reports,
records,
documents
and
other
materials
{the
"documents
and
materials")
prepared
by
Consultant,
its
employees,
subcontractors
and
agents
in
the
performance
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
upon
request
of
the
Contract
Officer
or
upon
the
termination
of
this
Agreement,
and
Consultant
shall
have
no
claim
for
further
employment
or
additional
compensation
as
a
result
of
the
exercise
by
City
of
its
full
rights
of
ownership
use,
reuse,
or
assignment
of
the
documents
and
materials
hereunder.
Any
use,
reuse
or
assignment
of
such
completed
documents
for
other
projects
and/or
use
of
uncompleted
documents
without
specific
written
authorization
by
the
Consultant
will
be
at
the
City's
sole
risk
and
without
liability
to
Consultant,
and
Consultant's
guarantee
and
warranties
shall
not
extend
to
such
use,
reuse
or
assignment.
Consultant
may
retain
copies
of
such
documents
for
its
own
use.
Consultant
shall
have
the
right
to
use
the
concepts
embodied
therein.
All
subcontractors
shall
provide
for
assignment
to
City
any
documents
or
materials
prepared
by
them,
and
in
the
event
Consultant
fails
to
secure
such
assignment,
Consultant
shall
indemnify
City
for
all
damages resulting
therefrom.
6.4 Confidentiality
and
Release
of
Information.
(a)
All
information
gained,
or
work
product
produced
by
Consultant
in
performance
of
this
Agreement
shall
be
considered
confidential,
unless
such
information
is
in
the
public domain
or
already
known
to
Consultant.
Consultant
.shall
not
release
or
disclose
any
such
information
or
work
product
to
persons
or
entities
other
than
City
without
prior
written
authorization
from
the
Contract
Officer.
(b)
Consultant,
its
officers,
employees,
agents,
or
subcontractors,
shall
not,
without
prior
written
authorization
from
the
Contract
Officer
or
unless
requested
by
the
City
Attorney,
voluntarily
provide
documents,
declarations,
letters
of
support,
testimony
at
depositions,
response
to
interrogatories
or
other
information
concerning
the
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work
performed
under
this
Agreement.
Response
to
a
subpoena
or
court
order
shall
not
be
considered
"voluntary"
provided
Consultant
gives
City
notice
of
such
court
order
or
subpoena.
(c)
If
Consultant,
or
any
officer,
employee,
agent
or
subcontractor
of
Consultant,
provides
any
information
or
work
product
in
violation
of
this
Agreement,
then
City
shall
have
the
right
to
reimbursement
and
indemnity
from
Consultant
for
any
damages,
costs
and
fees,
including
attorney's
fees,
caused
by
or
incurred
as
a
result
of
Consultant's
conduct. (d)
Consultant
shall
promptly
notify
City
should
Consultant,
its
officers,
employees,
agents,
or
subcontractors
be
served
with
any
summons,
complaint,
subpoena,
notice
of
deposition,
request
for
documents,
interrogatories,
request
for
admissions
or
other
discovery
request,
court
order
or
subpoena
from
any
party
regarding
this
Agreement
and
the
work
performed
there
under.
City
retains
the
right,
but
has
no
obligation,
to
represent
Consultant
or
be
present
at
any
deposition,
hearing,
or
similar
proceeding.
Consultant
agrees
to
cooperate
fully
with
City
and
to
provide
City
with
the
opportunity
to
review
any
response
to
discovery
requests
provided
by
Consultant.
However,
this
right
to
review
any
such
response
does
not
imply
or
mean
the
right
by
City
to
control.
direct,
or
rewrite
said
response.
ARTICLE
7. ENFORCEMENT
OF
AGREEMENT
AND
TERMINATION
7 .1
California
Law.
This
Agreement
shall
be
interpreted,
construed,
and
governed
both
as
to
validity
and
to
performance
of
the
Parties
in
accordance
with
the
laws
of
the
State
of
California.
Legal
actions
concerning
any
dispute,
claim,
or
matter
arising
out
of
or
in
relation
to
this
Agreement
shall
be
instituted
in
the
Superior
Court
of
the
County
of
San
Bernardino,
State
of
California,
or
any
other
appropriate
court
in
such
county,
and
Consultant
covenants
and
agrees
to
submit
to
the
personal
jurisdiction
of
such
court
in
the
event
of
such
action.
In
the
event
of
litigation
in
a
U.S.
District
Court,
venue
shall
lie
exclusively
in
the
Central
District
of
California,
Eastern
Division.
7 .2
Disputes;
Default.
In
the
event
that
Consultant
is
in
default
under
the
terms
of
this
Agreement,
the
City
shall
not
have
any
obligation
or
duty
to
continue
compensating
Consultant
for
any
work
performed
after
the
date
of
default.
Instead,
the
City
may
give
notice
to
Consultant
of
the
default
and
the
reasons
for
the
default.
The
notice
shall
include
the
timeframe
in
which
Consultant
may
cure
the
default.
This
timeframe
is
presumptively
thirty
(30)
days.
but
may
be
extended,
though
not
reduced.
if circumstances
warrant.
During
the
period
of
time
that
Consultant
is
in
default,
the
City shall
hold
all
invoices
and
shall
proceed
with
payment
on
the
invoices
only
when
the
default
is
cured.
In
the
alternative,
the
City
may,
in
its
sole
discretion,
elect
to
pay
some
or
all
of
the
outstanding
invoices
during
the
period
of
default.
If
Consultant
does
not
cure
the
default,
the
City
may
take
necessary
steps
to
terminate
this
Agreement
under
this
Article.
Any
failure
on
the
part
of
the
City
to
give
notice
of
the
Consultant's
default
shall
not
be
deemed
to
result
in
a
waiver
of
the
City's
legal
rights
or
any
rights
arising
out
of
any
provision
of
this
Agreement.
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Retention
of
Funds.
Consultant
hereby
authorizes
City
to
deduct
from
any
amount
payable
to
Consultant
{whether
or
not
arising
out
of
this
Agreement)
(i)
any
amounts
the
payment
of
which
may
be
in
dispute
hereunder
or
which
are
necessary
to
compensate
City
for
any
losses,
costs,
liabilities,
or
damages
suffered
by
City,
and
(ii)
all
amounts
for
which
City
may
be
liable
to
third
parties,
by
reason
of
Consultant's
acts
or
omissions
in
performing
or
failing
to
perform
Consultant's
obligation
under
this
Agreement.
In
the
event
that
any
claim
is
made
by
a
third
party,
the
amount
or
validity
of
which
is
disputed
by
Consultant,
or
any
indebtedness
shall
exist
which
shall
appear
to
be
the
basis
for
a
claim
of
lien,
City
may
withhold
from
any
payment
due,
without
liability
for
interest
because
of
such
withholding,
an
amount
sufficient
to
cover
such
claim.
The
failure
of
City
to
exercise
such
right
to
deduct
or
to
withhold
shall
not,
however,
affect
the
obligations
of
the
Consultant
to
insure,
indemnify,
and
protect
City
as
elsewhere
provided
herein
.
7.4 Waiver.
Waiver
by
any
Party
to
this
Agreement
of
any
tenn,
condition,
or
covenant
of
this
Agreement
shall
not
constitute
a waiver
of
any
other
term,
condition,
or
covenant.
Waiver
by
any
Party
of
any
breach
of
the
provisions
of
this
Agreement
shall
not
constitute
a
waiver
of
any
other
provision
or
a
waiver
of
any
subsequent
breach
or
violation
of
any
provision
of
this
Agreement.
Acceptance
by
City
of
any
work
or
services
by
Consultant
shall
not
constitute
a
waiver
of
any
of
the
provisions
of
this
Agreement.
No
delay
or
omission
in
the
exercise
of
any
right
or
remedy
by
a
non-defaulting
Party
on
any
default
shall
impair
such
right
or
remedy
or
be
construed
as
a waiver.
Any
waiver
by
either
Party
of
any
default
must
be
in
writing
and
shall
not
be
a
waiver
of
any
other
default
concerning
the
same
or
any
other
provision
of
this
Agreement.
7.5 Rights
and
Remedies
are
Cumulative.
Except
with
respect
to
rights
and
remedies
expressly
declared
to
be
exclusive
in
this
Agreement,
the
rights
and
remedies
of
the
Parties
are
cumulative
and
the
exercise
by
either
Party
of
one
or
more
of
such
rights
or
remedies
shall
not
preclude
the
exercise
by
it,
at
the
same
or
different
times,
of
any
other rights
or
remedies
for
the
same
default
or
any
other
default
by
the
other
Party.
7.6 Legal
Action.
In
addition
to
any
other
rights
or
remedies,
either
Party
may
take
legal
action,
in
law
or
in
equity,
to
cure, correct,
or
remedy
any
default,
to
recover
damages
for
any
default,
to
compel
specific
performance
of
this
Agreement,
to
obtain
declaratory
or
injunctive
relief,
or
to
obtain
any
other
remedy
consistent
with
the
purposes
of
this
Agreement.
7.7 Termination
Prior
to
Expiration
of
Term.
This
Section
shall
govern
any
termination
of
this
Contract
except
as
specifically
provided
in
the
following
Section
for
tennination
for
cause.
City
reserves
the
right
to
terminate
this
Contract
at
any
time,
with
or
without
cause,
upon
sixty
(60)
days·
written
notice
to
Consultant,
except
that
where
termination
is
due
to
the
fault
of
the
Consultant,
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the
period
of
notice
may
be
such
shorter
time
as
may
be
determined
by
the
Contract
Officer.
Upon
receipt
of
any
notice
of
termination,
Consultant
shall
immediately
cease
all
services
hereunder
except
such
as
may
be
specifically
approved
by
the
Contract
Officer.
Consultant
sha!I
be
entitled
to
compensation
for
all
services
rendered
prior
to
the
effective
date
of
the
notice
of
termination
and
for
any
services
authorized
by
the
Contract
Officer
thereafter
in
accordance
with
the
Schedule
of
Compensation
or
such
as
may
be
approved
by
the
Contract
Officer,
except
as
provided
in
Section
7 .3.
In
the
event
of
termination
without
cause
pursuant
to
this
Section,
the
City
need
not
provide
the
Consultant
with
the
opportunity
to
cure
pursuant
to
Section
7 .2.
7.8 Termination
for
Default
of
Consultant.
If
termination
is
due
to
the
failure
of
the
Consultant
to
fulfill
its
obligations
under
this
Agreement,
City
may,
after
compliance
with
the
provisions
of
Section
7.2,
take
over
the
work
and
prosecute
the
same
to
completion
by
contract
or
otherwise,
and
the
Consultant
shall
be
liable
to
the
extent
that
the
total
cost
for
completion
of
the
services
required
hereunder
exceeds
the
compensation
herein
stipulated
(provided
that
the
City
shall
use
reasonable
efforts
to
mitigate
such
damages),
and
City
may
withhold
any
payments
to
the
Consultant
for
the
purpose
of
set-off
or
partial
payment
of
the
amounts
owed
the
City
as
previously
stated.
ARTICLE
8. CITY
OFFICERS
AND
EMPLOYEES:
NON-DISCRIMINATION
8.1 NonRliability
of
City
Officers
and
Employees.
No
officer
or
employee
of
the
City
shall
be
personally
liable
to
the
Consultant,
or
any
successor
in
interest,
in
the
event
of
any
default
or
breach
by
the
City
or
for
any
amount
which
may
become
due
to
the
Consultant
or
to
its
successor,
or
for
breach
of
any
obligation
of
the
terms
of
this
Agreement.
8.2 Conflict
of
Interest.
Consultant covenants
that
neither
it,
nor
any
officer
or
principal
of
its
firm,
has
or
shall
acquire
any
interest,
directly
or
indirectly,
which
would
conflict
in
any
manner
with
the
interests
of
City
or
which
would
in
any
way
hinder
Consultant's
performance
of
services
under
this
Agreement.
Consultant
further
covenants
that
in
the
performance
of
this
Agreement,
no
person
having
any
such
interest
shall
be
employed
by
It as
an
officer,
employee,
agent,
or
subcontractor
without
the
express
written
consent
of
the
Contract
Officer.
Consultant
agrees
to
at
all
times
avoid
conflicts
of
interest
or
the
appearance
of
any
conflicts
of
interest
with
the
interests
of
City
in
the
performance
of
this
Agreement.
No
officer
or
employee
of
the
City
shall
have
any
financial
interest,
direct
or
indirect,
in
this
Agreement
nor
shal!
any
such
officer
or
employee
participate
in
any
decision
relating
to
the
Agreement
which
effects
his
financial
interest
or
the
financial
interest
of
any
corporation,
partnership
or
association
in
which
he
is,
directly
or
indirectly,
interested,
in
violation
of
any
State
statute
or
regulation.
The
Consultant
warrants
that
it has
not
paid
or
given
and
will
not
pay
or
give
any
third
party
any
money
or
other
consideration
for
obtaining
this
Agreement.
4872-4429-3132
v2
30 of
56 Page-15
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271•A46BDB9BC03B Additionally,
pursuant
to
Rialto
Municipal
Code
section
2.48.145,
Consultant
represents
that
it
has
disclosed
whether
it
or its
officers
or
employees
is
related
to
any
officer
or
employee
of
the
City
by
blood
or
marriage
within
the
third
degree
which
would
subject
such
officer or
employee
to
the
prohibition
of
California
Government
Sections
87100
et.
seq.,
Fair
Political
Practices
Commission
Regulation
Section
18702,
or
Government
Code
Section
1090.
To
this
end,
by
approving
this
Agreement,
Consultant
attests
under
penalty
of
perjury,
personally
and
on
behalf
of
Consultant,
as
well
its
officers,
representatives,
that
it/they
have
no
relationship,
as
described
above,
orfinancia!
interests,
as
such
term
is defined
in
California
Government
Section
87100
et.
seq.,
Fair
Political
Practices
Commission
Regulation
Section
18702,
or
Government
Code
Section
1090,
with
any
City
of
Rialto
elected
or
appointed
official
or
employee,
except
as
specifically
disclosed
to
the
City
in
writing.
8.3 Covenant
Against
Discrimination.
Consultant
covenants
that,
by
and
for
itself,
its
heirs,
executors,
assigns,
and
all
persons
claiming
under
or
through
them,
there
shall
be
no
discrimination
against
or
segregation
of
any
person
or
group
of
persons
on
account
of
race,
color,
creed,
religion,
sex,
gender,
sexual
orientation,
gender
identity,
marital
status,
national
origin,
ancestry,
or
other
protected
class
in
the
performance
of
this
Agreement.
Consultant
shall
take
affirmative
action
to
insure
that
applicants
are
employed
and
that
employees
are
treated
during
employment
without
regard
to
their
race,
color,
creed,
religion,
sex,
sexual
orientation,
gender,
gender
identity,
marital
status,
national
origin,
ancestry,
or
other
protected
class.
8.4 Unauthorized
Aliens.
Consultant
hereby
promises
and
agrees
to
comply
with
all
of
the
provisions
of
the
Federal
Immigration
and
Nationality
Act,
8 U.S.C.A
. §§
1101,
et
seq.,
as
amended,
and
in
connection
therewith,
shall
not
employ
unauthorized
aliens
as
defined
therein.
Should
Consultant
so
employ
such
unauthorized
aliens
for
the
performance
of
work
and/or
services
covered
by
this
Agreement,
and
should
any
liability
or
sanctions
be
imposed
against
City
for
such
use
of
unauthorized
aliens,
Consultant
hereby
agrees
to
and
shall
reimburse
City
for
the
cost
of
all
such
liabilities
or
sanctions
imposed,
together
with
any
and
all
costs,
including
attorney's
fees, incurred
by
City.
ARTICLE
9. MISCELLANEOUS
PROVISIONS
9.1 Facilities
and
Equipment.
Except
as
otherwise
provided,
Consultant
shall,
at
its
own
cost
and
expense,
provide
all
facilities
and
equipment
necessary
to
perform
the
services
required
by
this
Agreement.
City
shall
make
available
to
Consultant
only
physical
facilities
such
as
desks,
filing
cabinets,
and
conference
space
("City
Facilities"),
as
may
be
reasonably
necessary
for
Consultant's
use
while
consulting
with
City
employees
and
reviewing
records
and
the
Information
in
possession
of
City.
The
location,
qualtty,
and
time
of
furnishing
of
City
Facilities
shall
be
in
the
sole
discretion
of
City.
In
no
event
sha!I
City
be
required
to
furnish
any
facilities
that
may
involve
incurring
any
direct
expense,
including
but
not
limited
to
computer,
long
distance
telephone,
network
data,
internet,
or
other
communication
charges,
vehicles,
and
reproduction
facilities.
4872-4429-3132
v2
31 of
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May 20, 2025, Item #3
DocuSign
Envelope
ID:
8A8007BD-03E5-4FF6-8271-A46BDB9BC038 9.2
Payment
of
Taxes.
Consultant
is
solely
responsible
for
the payment
of
employment
taxes
incurred
under
this
Agreement
and
any
federal
and
state
taxes.
9.3 Notices.
All
notices
or
other
communications
required
or
permitted
hereunder
shall
be
in
writing,
and
shall
be
personally
delivered,
sent
by
pre-paid
First
Class
U.S.
Mail,
registered
or
certified
mail,
postage
prepaid,
return
receipt
requested,
or
delivered
or
sent
by
facsimile
with
attached
evidence
of
completed
transmission,
and
shall
be
deemed
received
upon
the
earlier
of
(i)
the
date
of
delivery
to
the
address
of
the
person
to
receive
such
notice
if
delivered
personally
or
by
messenger
or
overnight
courier;
(ii)
three
(3)
business
days
after
the
date of
posting
by
the
United
States
Post
Office
if by
mail;
or
(iii)
when
sent
if
given
by
facsimile.
Any
notice,
request,
demand,
direction,
or
other
communication
sent
by
facsimile
must
be
confirmed
within
forty~eight
(48)
hours
by
letter
mailed
or
delivered.
Other
forms
of
electronic
transmission
such
as
e-mails,
text
messages,
instant
messages
are
not
acceptable
manners
of
notice
required
hereunder
.
Notices
or
other
communications
shall
be
addressed
as
follows:
If
to
City
:
With
copy
to:
If to
Consultant:
City
of
Rialto
150
S.
Palm
Ave.
Rialto,
CA
92376
Attn:
City
Manager
Tel:
(909)
820-2525
Fax:
(909)
820~2527
Burke,
Williams
&
Sorensen,
LLP
1770
Iowa
Avenue,
Suite
240
Riverside,
CA
92507
Attn:
Eric
S.
Vail,
City
Attorney
Tel:
(951)
788-0100
Fax:
(951)
788"5785
West
Coast
Arborists,
Inc
9465
Schaefer
Ave
Ontario,
CA
91761
Patrick
Mahoney/President
(714)
991-1900/[email protected]
Either
Party
may
change
its
address
by
notifying
the
other
Party
of
the
change
of
address
in
writing.
9.4 Interpretation.
The
terms
of
this
Agreement
shall
be
construed
in
accordance
with
the
meaning
of
the
language
used
and
shall
not
be
construed
for
or against
either
Party
by
reason
of
the
authorship
of
this
Agreement
or any
other
rule
of
construction
which
might
otherwise
apply. 4872-4429-3132
v2
32 of
56 Page-17
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271-A46BDB9BC03B 9.5
Counterparts.
This
Agreement
may
be
executed
in
counterparts,
each
of
which
shall
be
deemed
to
be
an
original,
and
such
counterparts
shall
constitute
one
and
the
same
instrument.
9.6 Integration;
Amendment.
This
Agreement
including
the
attachments
hereto
is
the
entire,
complete
and
exclusive
expression
of
the
understanding
of
the
Parties.
It
is
understood
that
there
are
no
oral
agreements
between
the
Parties
hereto
affecting
this
Agreement
and
this
Agreement
supersedes
and
cancels
any
and
all
previous
negotiations,
arrangements,
agreements
and
understandings,
if
any,
between
the
Parties,
and
none
shall
be
used
to
interpret
this
Agreement.
No
amendment
to
or
modification
of
this
Agreement
shaH
be
valid
unless
made
in
writing
and
approved
by
the
Consultant
and
by
the
City.
The
Parties
agree
that
this
requirement
for
written
modifications
cannot
be
waived
and
that
any
attempted
waiver
shall
be
void.
9.7 Severability.
In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Agreement
shall
be
declared
invalid
or
unenforceable
by
a
vafid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect
any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Agreement
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
Parties
hereunder
unless
the
invalid
provision
is
so
material
that
its
invalidity
deprives
either
Party
of
the
basic
benefit
of
their
bargain
or
renders
this
Agreement
meaningless.
9.8 Corporate
Authority.
The
persons
executing
this
Agreement
on
behalf
of
the
Parties
hereto
warrant
that
(i)
such
Party
is
duly
organized
and
existing,
(ii)
they
are
duly
authorized
to
execute
and
deliver
this
Agreement
on
behalf
of
said
Party,
(iii)
by
so
executing
this
Agreement,
such
Party
is
formally
bound
to
the
provisions
of
this
Agreement,
and
(iv)
the
entering
into
this
Agreement
does
not
violate
any provision
of
any
other
Agreement
to
which
said
Party
is
bound.
This
Agreement
shall
be
binding
upon
the
heirs,
executors,
administrators,
successors
and
assigns
of
the
Parties.
9.9 Conflicting
Terms
Except
as
otherwise
stated
herein,
if
the
terms
of
this
Agreement
conflict
with
the
terms
of
any
Exhibit
hereto,
or
with
the
terms
of
any
document
incorporated
by
reference
into
this
Agreement,
the
terms
of
this
Agreement
shall
control.
4872-4429-3!32
v2
33 of
56 [SIGNATURES
ON
FOLLOWING
PAGE]
May 20, 2025, Item #3
DocuS
ign
Envelope
ID
: 8AB007BD
·03E5-4FF6-8271
•A46BDB9BC03B
IN
WITNESS
WHEREOF,
the
parties
hereto
have
executed
and
entered
into
this
Agreement
on
the
date
first
written
above.
CITY: CITY
OF
RIAL
TO,
a
municipal
corporation By
:
AtidJAJ.L
~~SLY
-,,--
--
--:-:-:--
.,......--
-
-
------=--
Mich
a e I
Milhiser,
Interim
City
Manager
ATTEST
: fJIA.Yl,N"t1.
a.
~
By:
-=-
---:-
-
---:-
---=--:-
----=-
-
~
-
=--:---
Barb
a r a
A.
McGee,
City
Clerk
APPROVED
AS
TO
FORM:
Burke,
Williams
&
Sorensen,
LLP
By:
f{JJ-)£/
---::-::-
~
-c'-
---
~
-
-,-
---
~
-
E r i c S.
Vail,
City
Attorney
4872-4429•3132
v2
34 of
56 Page-19
CONSUL
TANT:
West
Coast
Arborists,
Inc.,
a
California C Corporation
p0
By:
-
-----=-
-
--
-
---
Signature
Patrick
Mahone
v
Name
President
Title
By:
~(,lt.i,t}
"'1.ff.lt~
-
-
--
----=-
:--
--
-
--
-
Signature
Richard
Mahone
y
--
-
Name
Secreta
if'!'
Title
~wo
signatures
are
required
If
a
corporation
....
May 20, 2025, Item #3
DocuSign Envelope
ID
: 8AB0078O-03Es-4FF6-8271-A46BDB9BC03B
EXHIBIT
UAU
SCOPE
OF
SERVICES
Scope
of
Work
1. WORK
TO
BE
DONE
BY
CONTRACTOR
a.
Work
will
be
performed
at
various
times
and
locations
within
the
service
area
of
the
City
of
Rialto.
The
Contractor
is
not
authorized
to
perform
any
work
under
these
specifications
until
the
Contractor
has
received,
from
City
designated
personnel,
notification
to
commence
work.
The
notification
will
specify
the
location
and
type
of
work
to
be
performed.
If
during
the
commencement
of
work
, a
discrepancy
arises,
the
Contractor
shall
immediately
notify
the
City's
designated
personnel.
Work
will
include
but
is
not
limited
to
trimming,
complete
removal
of
trees
and
stumps,
watering,
disease/pest
control,
plantings,
new
tree
care
watering,
staking,
root
pruning,
skinning,
and
GIS
inventory/internet
database.
b. The
Contractor
is
responsible
to
obtain
from
the
City
designated
personnel
information
for
grids
in
order
to
meet
grid
tree
management
standards
for
each
grid
type
before
starting
work.
It
is
understood
by
the
Contractor
that
grid
areas
are
to
continue
their
normal
operation
during
grid
trimming.
The
Contractor
is
to
provide
and
use
all
protective
equipment
necessary
to
protect
the
Contractor's
employees. c. The
Contractor
shall,
prior
to
commencing
work,
be
responsible
for
notifying
the
residents
at
each
address
with
a
door
hanger
of
the
intended
municipal
tree
management
service
at
least
forty-eight
hours
prior
to
commencing
work
and
a NO
Parking
sign
shall
be
placed
on
the
tree
with
the
use
of
string
ties,
no
nails
or
staples
allowed
.
d.
Sufficient
crews
shall
be
maintained
at
all
times
to
maintain
Municipal
Tree
Management
standards
established
by
the
City.
e.
The
Contractor
shall
submit
a daily
electronic
report
defining
the
work
schedule,
status,
updates,
any
problems
encountered,
and
any
other
information
requested
by
City
personnel.
Dally
report
should
be-
delivered
to
Public
Works
Director,
Contract
Administrator
or
designee,
Contract
Administrator
and
City
inspector
by
7:30
A.M.
each
weekday
morning.
f.
No
work
will
be
performed
on
the
weekends
with
the
exception
of
emergencies
and
pre-approved
work
by
City
designated
personnel.
Overtime
work
performed
at
the
option
of,
or
for
the
convenience
of
the
Contractor
will
be
inspected
by
the
City
at
the
expense
of
the
Contractor.
g.
Invoice
will
be
paid
in
full
when
municipal
tree
management
work
is
completed
on
time,
City
designated
personnel
agrees
work
is
complete,
and
invoice
is
submitted
.
4872-4429-3132
v2
35 of
56 May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271-A46BDB9BC038 h. All
work
performed
by
the
Contractor
will
be
at
the
sole
expense
of
the
Contractor
as
part
of
the
agreement.
i. The
Contractor
shall
provide
an
internet-based
GIS
inventory
system
for
all
grids
and
work
performed
in
the
City.
This
will
include
but
not
limited
to
tree
varieties,
species,
diameter,
height,
location,
and
invoicing
information
. Contractor,
at
their
expense,
will
be
responsible
to
migrate
and/or
update
existing
City
inventory
data
into
contractor's
internet-based
inventory
system
within
90 days
of
contract
implementation. j.
The
Contractor
will
comply
with
all
City
of
Rialto
Municipal
Codes,
Article
38 of
the
High
Voltage
Electrical
Safety
Orders
and
Article
12 of
the
General
Industry
Safety Orders,
Title
8 of
the
California
Administrative
Code,
Clearance
of
Brush
or
Vegetative
Growth
from
Electrical
Lines,
Item
15,
Appendix
11-A,
Uniform
Fire
Code,
California
State
Fire
Marshall
Code,
General
Order
95 National
Electric
safety
Code
, Occupational
Safety
and
Health
Act
Federal
and
State
and
any
other
laws,
codes
and
regulations
required
for
safe
municipal
tree
management
activities. k. All
service
requests
sent
to
the
Contractor
via
email
will
be
labeled
with
one
of
the
following
priority
levels:
•
ASAP-
The
contractor
is
to
respond
within
one
hour.
•
Priority
1-
The
contractor
is
to
respond
within
forty-eight
(48)
hours.
•
Priority
2-
The
contractor
is
to
respond
within
fourteen
(14)
days
.
•
Priority
3-
The
contractor
is
to
respond
within
thirty
(30)
days
.
I.
Non-emergency
unscheduled
work
shall
consist
of
additional
work
performed
outside
of
the
normal
schedule
and
scope
and
within
a
reasonable
amount
of
time
not
to
exceed
30 days.
As
determined
by
the
Contract
Administrator
or
designee,
out-of-cycle
municipal
tree
management
activities
will
be
billed
as
a
service
request. m.
The
Contractor
guarantees
all
work
provided
by
them
against
all
defects
for
a
period
of
six
(6)
months,
unless
noted
otherwise,
from
the
date
of
final
acceptance.
The
Public
Works
Director,
Contract
Administrator
or
designee
will
confirm
the
date
of
final
acceptance
in
writing.
The
Contractor
agrees
that
if
failure
does
occur
in
that
six-month
period,
they
will
be
held
liable
for
all
costs
related
to
that
failure
caused
by
poor
workmanship.
n. Contractor
shall
always
employ
three
levels
of
supervision
for
the
City
of
Rialto:
•
Area
Manager-lSA
Certified
Arborist
to
manage
daily
operations.
•
Field
Supervisor-lSA
Certified
Arborist,
Certified
Tree
Worker/Certified
Climber
to
oversee
daily
field
operations.
•
Working
Foreman-Certified
Tree
Worker
and
Certified
Climber
to
oversee
crews
working
in
field.
4872-4429·3\32
v2
36 of
56 May 20, 2025, Item #3
OocuSign
Envelope
ID:
8AB007BD--03E5-4FF6-8271•A~SBDB9BC03B o.
Contractor
will
be
responsible
for
removing
vegetation
including
vines
and
ivy
from
trees
at
ground
level.
No
tendrils
wm
be
left
behind.
p.
All
stumps
that
cannot
be
stump
ground
will
be
flush-cut
at
ground
level
and
will
be
treated
with
an
approved
stump
killer
as
directed
by
City-designated
personnel.
Contractor
must
be
aware
of
the
nature
and
mode
of
actions
of
herbicides
so
as
not
to
injure
or
kill
adjacent
trees
of
the
same
species
through
underground
crossing
or
grafting
of
the
root
system.
Tree
stumps
may
be
removed
at
the
request
of
City
designated
personnel.
q.
The
Contractor
will
respond
to
emergency
calls
on
a
24-hour
basis.
The
Contractor
shall
have
emergency
crew
on
site
within
the
established
priority
service
levels.
r.
Trees
with
more
than
one
trunk
from
the
same
rootstock
visib[e
from
the
ground
will
be
considered
as
one
unit.
s.
Telecommunication
lines
shall
be
cleared
from
strain
or
abrasion.
2. VOLUNTEER
PARTICIPATION
The
Contractor
when
possible,
will
provide
additional
services
as
part
of
"Giving
Back"
to
the
community
and
various
organizations.
The
Contractor
will
work
with
the City
to
make
available
extraordinary
services
to
the
City
including,
but
not
limited
to,
Arboriculture
education,
participation
in
Earth
Day,
other
City
events,
and
special
community
projects.
3. GREEN
WASTE
ANO
RECYCLING
All
tree
branches
produced
as
a
result
of
the
contractor's
operations
under
this
contract
shall
be
reduced,
reused,
recycled,
and/or
transformed.
Included
in
the
monthly
billing
for
tree
maintenance
the
City
will
receive
a
green
waste
report
detailing
the
amount
of
debris
recycled
and
location.
This
report
must
be
in
compliance
with
Assembly
Bill
939.
Contractor
agrees
to
reduce,
reuse,
recycle
or
transform
100%
of
all
material
produced
as
a
result
of
tree
trimming
operations.
Woodchips
or
mulch
generated
from
pruning
operations
within
the
City
may
first
be
dumped
at
a City
designated
and
approved
site.
If the
City
has
no
use
for
woodchips
or
mulch
generated
from
tree
trimming
operations
and
contractor
has
no
other
way
to
recycle
or
reuse
the
material,
then
Contractor
agrees
to
transport
the
material
to
any
state
recognized
recycling
facility
at
no
charge
to
the
City.
The
contractor
must
meet
all
. state
reporting
requirements
and
supply
to
the
City
waste
tonnage
reports
for
all
recycled
material
with
the
monthly
invoice.
Work
sites
shall
be
cleaned
on
a
daily
basis
with
no
limbs,
brush
or
debris
left
overnight.
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4. TRAINED
PERSONNEL
The
Contractor
shall
assign
only
qualified/certified
Tree
Trimmers/Climber
Specialists
who
have
completed
a
minimum
of
18 months
of
certified
training
in
accordance
with
American
National
Standards
Institute
Z133.1
guidelines.
5. DAMAGES All
damages
resulting
from
contractors'
operations
shall
be
repaired
at
the
Contractor's
expense.
6. CITY
RE
Q:UESTS
The
contractor
shall
respond
within
1 hour of
any
request
by
the
City
to
address
tree
issues.
7. MUNICIPAL
TREE
MANAGEMENT~
GENERAL
GUIDELINES
All
City
trees
shall
be
pruned
using
only
professionally
accepted
standards,
as
established
by
the
International
Society
of
Arboriculture
(ISA),
National
Arborists
Association
(NM),
and
American
National
Standards
Institute
(ANSI)
Section
Z133.1.
All
City
trees
shall
be
pruned
in
a
manner
that
will
encourage
good
development
while
preserving
their
health,
structure,
and
natural
appearance.
The
contractor
shall
perform
municipal
tree
management
operations
in
accordance
with
the
minimum
standards
set
by
the
following
agencies.
Rialto
Standards
will
supersede
these
minimum
standards
as
stated
in
Article
2,
Item
2. a.
ANSI
Standard
A300
(Part
1)
Pruning
b.
ISA
Best
Management
Practices
-Tree
Pruning
c.
ISA
Tree
Pruning
Guidelines
d.
Cal-trans
Encroachment
Permits,
Utility
and
Tree
Trimming
Special
Provisions
(TR-
159)
e.
American
National
Standard
Practice
for
Roadway
Lighting
(ANSI
/I ESNA
RP-800) f.
California
Public
Utilities
Commission
General
Order
95 8.
MUNICIPAL
TREE
MANAGEMENT-
SPECIFIC
STANDARD
FOR
THE
CITY
OF
RIALTO Prevent
branch
and
foliage
interference
with
the
requirements
of
safe
public
passage.
Over
residential
streets
limbs
shall
be
maintained
gradually
from
nine
(9)
feet
at
the
curb
to
fifteen
(15)
feet
over
traffic
lanes
. Over
arterial
streets,
limbs
shall
be
maintained
at
a
maximum
height
of
fifteen
(15)
feet
from
grade
to
wood.
Over
sidewalks,
limbs
shall
be
maintained
at
a
height
of
eight
(8)
feet
from
grade
to
wood.
In
City
parks,
over
playground
equipment,
limbs
shall
be
maintained
at
a
height
of
eight
{8)
feet
from
highest
point
on
playground
equipment.
Contractor
shall
perform
all
work
in
accordance
with
Western
Chapter
!SA
Pruning
Standards,
ANSI
A300
Standards,
and
City
Specifications.
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Remove
all
dead
and
dying
branches
and
branch
stubs
that
are
an
inch
or
longer.
Remove
all
broken
or
loose
branches.
Remove
any
live
branches
that
interfere
with
the
tree's
structural
strength
and
healthful
development,
which
will
include
the
following:
1. Limbs
, which
rub
and
abrade
a
more
important
branch.
2. Limbs
of
weak
structure,
which
are
not
important
to
the
framework
of
the
tree. 3.
Limbs,
which
if allowed
to
grow,
would
wedge
apart
the
junction
of
more
important
branches.
4. Limbs
forming
multiple
leaders
in
a
single
leader
type
tree.
5. Branches
near
the
end
of
a
limb,
which
will
produce
more
weight
or
offer
more
resistance
lo
wind
than
the
limb
is
able
to
support.
6. Undesirable
sucker
and
water
sprout
growth
giving
specific
attention
not
to
nick
or
damage
the
sprout
"burl'.
7. Selective
removal
of
one
or
more
developing
leaders
where
multiple
branch
growth
exists
near
the
end
of
broken
or
stubbed
limbs.
8. Selective
removal
'of
limbs
obstructing
buildings
or
other
structures,
streetlights,
or
traffic
signs.
9. All
loose
Palm
Frond
bases
will
be
removed
from
all
Palm
trees
using
a
shovel
or
other
City
approved
device.
10. Telecommunication
lines
to
be
cleared
from
strain
or
abrasion.
11. Cut
back
ends
of
branches
to
a
suitable
lateral
limb
to
reduce
weight
where
excessive
overburden
appears
likely
to
result
in
breakage
of
supporting
limbs.
Caution
must
be
taken
not
to
create
"lion-tailing"
which
is
caused
by
removing
all
or
most
of
the
inner
follage.
Lion-tailing
places
foliage
weight
at
the
ends
of
the
branches
and
may
result
in
sunburn,
water
sprouts,
and
weakened
branch
structure
and
limb
breakage
.
12. On
mature
trees
only,
clear
water
sprouts
or
sucker
growth
to
a minimum
height
of
eight
(8)
feet
above
ground
level.
13. Maintain
a
balanced
appearance
when
viewed
from
the
opposite
side
of
the
street immediately
opposite
the
tree.
14. Remove
all
vines
entwined
in
trees
and
on
tree
trunks.
Vine
tendrils
shall
be
removed
without
injury
to
the
tree.
15. Clear
all
branches
and
foliage
within
four
(4)
to
six
(6)
feet
of
primary
electrical
lines.
16. When
pruning
cuts
are
made
to
a
suitable
lateral
limb,
the
remaining
limb
shall
possess
a
basal
thickness
of
at
least
1 /3
the
diameter
of
the
cut.
4872-4429-3132
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4872-4429-3132
v2
40 of
56 Such
cuts
shall
be
considered
proper
only
when
the
remaining
limb
is
vigorous
enough
to
maintain
adequate
foliage
to
produce
wood
growth
capable
of
call
using
the
pruning
cut
within
a
reasonable
amount
of
time.
17. All
final
pruning
cuts shall
be
made
in
such
a
manner
so
as
to
favor
the
earliest
possible
covering
of
the
wound
by
natural
callus
growth.
Flush
cuts
shall
not
be
made,
and
the
branch
collar
shall
not
be
removed
.
18. Tree
limbs
and
Palm
frond
bases
shall
be
removed
and
controlled
in
such
a manner
as
to
cause
no
damage
to
other
parts
of
the
tree
, or
to
other
plants
or
property.
Ropes
shall
lower
large
limbs
and
branches
that
would
damage
the
tree
or
other
property
while
falling
freely.
19. All
tools
used
on
a tree
known
to
contain
an
infectious
tree
disease
shall
be
properly
disinfected
immediately
before
and
after
completing
work
on
the
tree.
All
pests,
disease,
or
structural
weaknesses
or
defects
observed
by
the
contractor
while
performing
this
work
shall
be
immediately
reported
to
the
City
verbally
and
in
writing
including
steps
that
will
be
taken
by
the
contractor
to
prevent
spreading.
If any
significant
pest,
disease,
or
structural
weaknesses
or
defects
are
not
reported
for
any
reason
the
contractor
will
be
held
liable
for
all
damages
that
occur.
20. The
contractor
will
be
responsible
for
removing
bees
and
bee
hives
from
trees
at
no
additional
cost
to
the
City.
21. All
pruning
tools
and
saws
used
for
tree
pruning
shall
be
kept
sharpened
at
all
times
to
result
in
final
cut
with
an
abrasive
wood
surface
and
secure
bark.
All
trees
six
(6)
inches
in
diameter
{DBH)
or
less
shall
be
pruned
with
hand
tools
only,
Chainsaws
will
not
be
permitted
on
any
trees
with
six
(6)
inches
or
less
DBH
.
22. Whenever
pruning
cuts
are
to
be
made,
removing
limbs
too
large
to
hold
securely
in
one
hand
during
the
cutting
operation,
the
limb
shall
be
cut
off
first,
one
to
two
feet
beyond
the
intended
final
cut.
Then
the
final
cut
shall
be
made
in
a
manner
to
prevent
the
tearing
of
bark
and
wood.
23. Live,
healthy
limbs
with
a diameter
of
four
(4)
inches
or
greater
shall
not
be
removed
without
prior
approval
from
the
City.
24. No
more
than
twenty
(20)
percent
of
live
wood
may
be
removed
from
the
crown
of
any
tree.
The
exception
to
this
is
Live
Oaks,
which
are
limited
to
no
more
than
ten
(10)
percent.
25. Any
extraneous
metal,
wire,
rubber,
or
other
material
interfering
with
the
natural
growth
of
the
tree
shall
be
removed.
26. The
use
of
climbing
spurs
or
spike
shoes
is
strictly
prohibited
except
in
the
case
of
aerial
rescue
and
removals.
27. All
pruning
shall
be
performed
in
such
a
manner
as
to
encourage
and
promote
the
natural
growth
and
shape
of
the
tree
species.
The
Contractor
shall
not
perform
any
of
the
following
procedures,
except
in
the
process
of
tree
removal:
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8AB007BD-03E5-4FF6-8271-A46BO89BC038
a.
The
severe
cutting
back
of
growing
tips
including
topping,
dehoming
, heading
back,
pollarding,
or
hat
racking
.
b.
Flush
cutting
where
a
cut
is
made
even
with
the
surface
of
the
trunk
or
limb,
removing
the
branch
collar
and
branch
bark
ridge.
c.
Stub
cutting
where
branch
removal
results
in
the
base
of
the
branch
removed
protruding
more
than
approximately
%
inch
beyond
the
zone
of
the
branch
collar
and
branch
bark
ridge
.
d.
Removal
of
a
main
healthy
leader.
e.
The
removal
of
all
the
inner
branches
and
foliage
also
known
as
lion
tailing
.
f.
All
guys,
stakes,
lodge
poles,
trunk
guards,
and
ties
shall
be
checked
to
avoid
girdling
and
for
leaning
on
an
ongoing
basis.
Remove
guys,
stakes,
lodge
poles,
trunk
guards,
and
ties
as
required
for
the
tree's
health
being
careful
not
to
induce
a
leaning
tree.
i•
TREE
AND
STUMP
REMOVAL
a.
All
tree
removals
include
the
removal
of
dead,
weak
or
hazardous
trees.
While
performing
tree
removal,
damage
to
other
trees,
shrubs,
and
other
features
is
prohibited.
The
Contractor
will
be
required
to
remove
and
replace
any
trees,
shrubs,
or
other
features
damaged
by
the
removal
process.
All
debris
is
to
become
the
Contractor's
property
and
disposed
of
offsite.
Trees
removed
shall
be
cut
down
to
the
existing
soil
grade
and
shall
include
stump
removal.
Tree
and
stump
removal
shall
occur
on
the
same
day
or
until
USA
marks
have
been
identified
and
then
stump
shall
be
removed
within
24 hours
. Removal
lists
will
be
compiled
by
the
City
and
submitted
monthly
or
as
needed.
Job sites
shall
be
cleaned
daily,
including
raking
of
leaves
and
removal
of
all
debris
.
b.
Stumps
shall
be
ground
to
a
depth
of
eighteen
(18)
inches
below
level
of
sidewalk
or
curb
grade
or
until
deep
roots
are
no
longer
encountered.
The
contractor
shall
grind
the
stump
a
minimum
distance
of
five
(5)
feet
on
either
side
of
the
outer
circumference
of
the
stump,
or
until
surface
roots
are
no
longer
encountered.
Upon
removal
Contractor
is
responsible for
filling
void
with
materials
three
(3}
inches
above
grade
to
allow
for
settling.
The
backfill
shall
contain
approximately
60%
soil
and
shall
be
over
seeded
with
appropriate
plantings.
All
holes
shall
be
backfilled,
as
well
as
all
debris
cleaned
up
and
hauled
off
on
a
daily
basis
with
no
debris
left
overnight.
10. INVENTORY
SYSTEM
Proposer
is
to
host
and
maintain
a
detailed
internet-based
inventory
system
to
include
but
not
limited
to
the
following:
Citywide
inventory
must
be
conducted
and
completed
in-conjunction
with
the
completion
of
each
grid.
a.
Tree
inventory
includes:
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.3132
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-8271
-A46BDB9BC03B
•
All
trees
trimmed.
removed
, planted,
and
worked
on;
and
•
All
non-conforming/non-permitted
trees
and
vegetation
having
the
future
potential
growth
within
a
five
(5)
year
period
to
be
in
conflict
of
City
of
Rialto
specific
standards.
b.
All
information
collected
will
be
the
sole
property
of
the
City
of
Rialto.
c.
Digital
photos
before
and
after
trimming
of
all
service
requests.
d.
Global
Positioning
(GPS)
coordinate
location.
e.
Street
address.
f.
Species.
g.
Estimated
height.
h.
Estimated
diameter
at
shoulder
height.
i.
Type
of
service
and
date
performed.
j.
Removals
and
stump
removals
.
k.
New
plantings.
m.
Note
section
for
each
address.
n.
Sidewalk,
curb/gutter,
and
any
other
damage
caused
by
the
tree.
o.
The
software
shall
have
the
capability
of
producing
reports
that
can
be
exported
to
Microsoft
Excel
for
graphic
output
for
the
purpose
of
displaying
the
data. p.
The
software
shall
be
capable
of
linking
to
the
City
of
Rialto's
GIS
software
with
automatic
data
export
.
q.
The
software
shall
also
link
to
separate
databases
containing
work
history,
work
requests,
etc.
r.
The
software
shall
manage
an
unlimited
number
of
records
and
have
the
capability
of
adding
addit
ional
tree
sites
should
the
City
desire
to
input
them.
s.
The
software
shall
allow
for
queries
to
be
made
by
one
field
or
a
combination
of
fields;
and
t.
Any other
City
requested
information
must
be
provided.
1.L
TREE
MANAGEMENT
SERVICES
1. Street
Tree
Pruning
At
the
direction
of
City
of
Rialto,
pruning
will
be
done
per
pre-designed
districts
along
street
segments,
grid,
or
prune
routes
on
a
set
cycle
to
include
trees
of
various
sizes.
Pruning
consists
of
tree
canopy
raising
over
roadways,
and
sidewalks.
At
a minimum
tree
shalJ
be
pruned
to
provide
a minimum
clearance
of
(15)
feet
over
traffic
lanes
and
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seven
to
8 feet
over
sidewalks.
Small
limbs,
including
suckers
and
water
sprouts
shall
be
cut
close
to
the
trunk
or
branches
from
which
they
arise.
Pruning
shall
be
performed
in
accordance
with
the
standards
set
forth
by
the
International
Society
of
arboriculture
pruning
standards
(best
management
practices)
and
the
ANSI
A300
standards
2. Full
Pruning/
Service
Request
Tree
Pruning
0-12"
diameter
breast
height.
3. Full
Pruning/
Service Request
Tree
Pruning
13-24"
diameter
breast
height.
4. Full
Pruning/
Service
Request
Tree
Pruning
25"
+
diameter
breast
height.
At
the
request
of
the
city,
trees
will
be
assigned
for
pruning
outside
of
their
set
cycle
for
various
reasons.
Protein
may
consist
of
tree
canopy
raising
over
roadways
sidewalks
and
in
parks
locations;
thinning,
reducing,
restoring
and
structural
pruning
the
tree
canopy
in
width
and
hefght
the
production;
and
for
immature
trees,
re
staking
and
slash
or
retying,
as
needed.
In
addition,
pruning
includes
removal
all
dead,
broken,
damage,
loose,
diseased
or
insect
infested
limbs,
branches,
and
stubs
shall
be
removed.
Trees
shall
be
pruned
to
remove
any
obstructions
around
traffic
control
devices,
traffic
signs,
and
Street
lights.
5. King
&
Queen
Palms
(etc.)
6. Washingtonia
Robusta
Pruning
7. Date
Palm
Pruning
Pruning
shall
be
performed
in
accordance
with
the
standards
set
forth
by
the
International
Society
of
arboriculture
pruning
standards
(best
management
practices)
and
the
ANSI-
A300
standards.
The
trimming
shall
provide
a
systemically
shape
and
aesthetically
pleasing
appearance
typically
of
the
species
standard
palm
tree
pruning
will
fall
under
this
category
and
will
include
the
removal
of
dead
and
declining
fronds
&
seed
pods.
Excluding
palm
tree
skinning.
8. Palm
Tree
Skinning
Palm
tree
skinning
is
the
process
of
removing
the
outer
layer
of
bark
from
a palm
tree.
Skinning
a
palm
tree
also
helps
to
protect
it from
pests
and
disease
and
encourages
the
growth
of
new
leaves
and
branches.
This
process
involves
cutting
away
the
dead
fronds
at
their
base
which
is
at
the
trunk
of
the
tree.
9. Tree
and
Stump
.Removal
(regardless
of
diameter
breast
height}
10.Tree
Only
Removal
(regardless
of
diameter
breast
height)
11. Stump
only
Removal
(regardless
of
stump
diameter)
After
City
of
Rialto
determines
that
a tree
requires
removal,
City
staff
will
prepare
a list
of
trees
to
be
removed,
will
notify
homeowners,
and
submits
list
to
contractor.
City
staff
is
responsible
for
marking
trees
so
that
they
are
easily
identified
by
underground
services
alerts
and
the
contractor.
Contractor
calls
underground
service
alert
USA
and
prepares
internal
work
orders.
Contractor
will
remove
tree
and
hauls
all
debris
to
state
approved
disposal
site.
Contractor
grinds
stumps
to
a depth of
approximately
eighteen
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(18")
inches.
The
hole
will
be
backfilled
with
a
combination
of
native
soil
and
minimal
stump
grindings
and
compact
it to
avoid
settlement.
12.Root
Pruning
(typically
>10'
in
length)
At
the
direction
of
city
staff,
roads
shall
be
pruned
adjacent
to
the
edge
of
the
sidewalk,
curb
and
gutter
or
other
improvements.
Root
pruning
cuts
shall
be
performed
using
root
pruning
equipment
specifically
designed
for
this
purpose
with
cutting
teeth
sharpened
adequately
to
sever
roots
in
a
clean
manner.
Root
pruning
cuts
adjacent
to
sidewalks
and
curb
shall
be
four
(4)
inches
wide
and
twelve
(12)
inches
deep
and
a
minimum
of
five
(5)
feet
in
each
direction
from
the
center
line of
the
tree.
13. Plant
15-gallon
tree
14.Plant
15-gallon
tree
w/
Root
Barrier
15. Plant
24"
Box
16. Plant
24"
Box w/
Root
Barrier
17. Plant
36"
Box
City
staff
will
locate
and
mark
potential
sites
for
new
plantings.
Planting
lists
will
be
compiled
and
submitted
monthly
or
as
needed.
Tree
planting
includes
the
tree,
steaks,
ties,
labor
and
initial
watering
at
time
of
installation.
18. Tree
Watering
At
the
direction
of
the
city
staff,
watering
is
performed
by
a one-man
crew
with
a water
truck
who
will
water
various
tree
routes
including
newly
planted
trees,
landscape
median
and
young
trees
that
are
>3
years
of
age.
Watering
may
also
be
performed
on
an
as
needed
basis
.
19.Crew
Rental/
Crown
Reduction
The
crew
and
equipment
can
be
modified
to
complete
any
type
of
miscellaneous
task
including
special
projects
that
may
consist
of
extraordinary
work
as
directed
by
city
staff
. The
use
of
currently
may
be
warranted
due
to
inaccessibility
by
equipment,
in
park
locations,
slope
settings,
or
nonlinear
tree
pruning.
It
is
understood
that
this
type
of
pruning
will
make
the
tree
more
secure
during
times
of
high
winds
.
20.Specialty
Equipment
(e.g.,
Cranes,
95'
Aerial
Towers)
On
occasions
the
use
of
a crane
or
95-foot
aerial
tower
is
necessary
to
safely
operate
the
assigned
tree
operation.
The
prices
include
equipment
and
the
operator.
21. Emergency
Response
(Reg.
Business
Hours,
Mon~Fri)
22. Emergency
Response
(Evening,
Weekend,
Holiday)
The
contractor
shall
be
required
to
provide
emergency
on
call
response
for
damaged
trees
due
to
storms
or
other
reasons.
Emergency
calls
may
occur
at any
given
time.
The
contractor
will
be
provided
with
locations
and
the
work
to
be
done
at
each
location
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via
telephone
from
a
city
authorized
representative.
Emergency
work
shall
begin
within
90 minutes
of
the
initial
telephone
call.
23. Certified
Arborist
Services
On
occasions,
the
city
requires
tree
evaluations
including
written
reports.
The
contractor
shall
provide
an
hourly
rate
for
a
certified
arborist
that
can
respond
to
the
city's
request
for
the
preparation
of
detailed
arborist
reports,
tree
risk
assessment
reports,
tree
evaluations
and
site
inspections.
Reporting
can
be
generated
on
as
little
as
one
tree
to
an
entire
urban
forest
population
and
is
handled
on
a
case-by-case
basis.
The
rate
will
be
applied
should
the
city
request
a
certified
arborist
on
site.
24. Plant
Health
Care
At
the
direction
of
the
city
staff,
the
contractor
will
provide
plant
health
care
services
including
but
not
limited
to
the
following:
spraying
(canopy
or
trunk),
injecting
(for
a
systemic
approach),
or
soil
drenching
as
necessary
to
reduce
a
potentially
harmful
pest.
This
is
done
to
maintain
or
improve
the
selected
trees
appearance,
vitality,
and
safety,
using
the
most
cost
effective
and
environmentally
sensitive
practice
and
treatments
available.
Plan
healthcare
involves
routine
monitoring
and
preventative
treatments.
All
pesticides
recommendations
are
to
be
made
by
an
in~house
pest
control
advisor
in
accordance
with
the
department
of
pesticide
regulations.
A.
Tree
Canopy Spraying
from
ground
level
B.
Tree
Canopy
Spraying
from
Aerial
Tower
a.
Description:
Trunk
spray
of
recommended
material
C.
Insecticide
or
fungicide
trunk
banding
a.
Description:
trunk
spray
of
recommended
material.
D.
PGR
trunk
banding
a.
Description:
trunk
spray
of
recommended
material
to
regulate
plant
growth.
E.
insecticide
or
PGR
soil
applications
(Cambistat)
a.
Description:
recommended
insecticide
soil
injection
or
drench
material
to
regulate
plant
growth.
F.
Insecticide
or
fungicide
soil
application
a.
Description:
soil
applied
drench
of
recommended
material.
G.
soil
injection
fertilization
a.
Description:
soil
applied
injection
of
recommended
material
H.
soil
drenching
fertilization
a.
description:
Applications
of
recommended
material
I.
trunk
injection
(insecticide/miticide)
a.
description:
trunk
injected
recommended
material
J.
trunk
injection
(fungicide)
a.
description:
trunk
injected
recommended
material
K.
truck
injection
(insecticide
&
fungicide
combo)
a.
description:
combination
of
one-time
trunk
injection
of
two
recommended
materials
4872-4429·3
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-M6BOB98C03B
L.
Avermectin
Class
Insecticide
Injection
a.
description:
recommended
trunk
injection
of
Emamentin
Benzoate
active
ingredient
4872-4429-3132
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DocuSign Envelope ID: 8AB00780·03E5-4FF6-8271•A46BDB98C03B ~
0 ....
u,
0\
EXHIBIT "B"
"SCHEDULE OF COMPENSATION"
Cit of Rialto
Proposed Rates for RFS #24-025 Tree Maintenance Services (Re-Bid) Submitted by West Coast Arborists, Inc.
Item ilDescriptlon
2 3
4 s
6 7
'Street Troe Pruning 7 EaCh l S 75-00 , ~ . ____ I _ . __ ._ At the direction of CITY. pruning will be done per pre-d&signed districts Blong street segments. grids. or prune routes on a set 1 cycle lo include trees of various sizes- Pruning consists of tree canopy raising over roadw11ys, end sidewelks , At a minimum , treeos shall be pronsd to provide a minfmum clearance of fourteen (1 SJ feet over the tmlfic lanes end seven (8} feet over sidewalks . Trees ca be proned to remove any obstroction around traffic control devises. traffic signs, and slree/lights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboricvtture Prvning Standards (Best Management Prac /ices) and the ANSI A300 Standards , FullPrune/Servlce Request Tree Pruning 0-12" DBH I Each 90,00 $ -----Full Prune/Service Request Tree Pruning 13-24" OSH Each 170.00 $ 170.00 __ ... Full Prune/Service Request Tree Pruning 25w & over DBH Each 325-:-<ro 325.00 $ 325-:-o·o Al the reqv9st or the City, trees will be assigned for pruning outside of their set cycle for various roasons. rumng may consist of tree canopy raising over roadways, sidewalks, and in park locations: thinning. reducing. restoring and structvrally pruning the tree canopy in widtn and height reduct,on: and for immature trees. re•st11king and/or retying. as needed, In addition pruning inclvdes removing sll dead, broken, damaged. loose. diseased or insect infes/ed limbs. branches, and stubs shell b& removed _ Smelf limbs, including suckers and waterspouts shall be cut close to the tronk or branch from which they arise. Al a minimum, /roe shall be pruned to provide a minimum cteenmce of rrtteen (15) feet over the roadway and eight (8) feet over walkways.
Traes shall be proned to remove any obstruction around traffic conlrol devises, traffic signs, and streetlights_ Pruning shell be performed in accordance with the standards set ferth by the lnlemalional Society of ArtJoricvlture Prunfng Standerds (Best Management Practices} and /he ANSI A300 Standards.
Coco/King Palm Pruning
Washingtonia Robusta Pruning
Date Palm Pruning
Pruning shall be performed in accordance with the standards set forth by the ln/Bmational Society of Arboncuf/uro Proning Stondards (Best Menagement Pructices) and the ANSI A300 Standards. The tn·mming shelf provide B symmetncat shepe and aesthet ically pleasir,g 11ppearance typical of the species.Standard palm tree proning will fsll vnder this cetegory and will include the 1 removal of dead and declining fronds & seed pods. E)tclvdes skinning_ ~ tm Tree_ Skinnin :iJ _ _ ~ 11.:inear £?a t $ 30.00 9 Troe an<I Stump Removal (r11gardless ofsl:te Dia. Inch 49.00 ... 1 o Tree Only Removal (regardless of s~e) Dia. Inch - S-3'5:'00 :rs:._ 11 Stump Only Removal (regardless ofsi:te) ,a. Inch $ 18_00" 18.00 After CITY determtnes that a tree requires removal, CITY will prepare a Ust of trees to be removed. notifies homeowners . an svbmits lists to Contractor . CITY is responsible for marking treas so that they are easily identifiable by Underground Service Alert and the Contractor . Controclor calls Underground Service Alert (USA) and prepares intemsl work order. Crew removes tree end hauls ail debris. Craw grinds stumps lo 9 dqpfh of sppto'lfimately eigflteen (18"} inches. All holes will be backfilled with a combination of native sol/ end minimal stump grindings and compacted to avoid settlement. 4872-4429-3132 v2 B-1
I _ ·--·· I $- 100.00
~ •-- AA $ 190,00
s -· 3·9s~oo
37.00 I - ----- I • _4:00
• A- A- A - 3'9,00
22,00
May 20, 2025, Item #3
DocuSign Envelope ID: 8AB007BO-03E5-4FF6-8271-A46BDB9BC03B .i:,.
00 0 ....
u,
CJ\ Item IDescripffon Unit
Measure
FY2~2?.
Proposed
Rates
F"/25-.:2""6
Unit
Rates
2- Root Prune Trees (typieaff0 foot length) I Linear Foot r s 20.00 f=$~- • 20.00T ~ 20.vu I Al the direction of City staff. roots shall be pn,ned adjacent to Iha adge of the sidewalk, curb end gutter or other improvements. Root pruning cuts shaf/ be performed using root pruning equipment spttifically designed for rhis purpose with cutting teeth sharpe nad 5 6
7 8
9 adequately to sever roots in II cl11an manner. Root pruning cuts adjacent to the sidewalk and curb shall bB lour (4) inches wide ,ma twelVe (12) inches dBep and II minimum of live (5) feet in each direction from the centerline of the tree.
Plant 15-gallon tree
Plant 15-gallon tree with Root Barrier
Plant 24" bo,c tree
Plant 24" box tree with Root Barrier
Plant 36" box tree
Tree plenting inclucles thB tree, stekes, ties, fabor and Initial watering at time of instellation as directecl by City staff.- Planting lists shoulcl be compiled by the Inspector and submitted monthly or as neeaecl. 18 Tree Wafering L uav I 4 ..,.,.,_vv 1 " u...,...,,.,., 1 ~· ..,.,., .vv 1 At the direction of the City, watering is performed bye one-man crew with a water lrvck who will water various tree routes including ' newly planted trees. landscape median and young l,e&s that ere three (3) yea/li' old and younger. We/Bring may also be performed on 11n as-needed basis. 19 CiiWRentat • • • - c rv1an Hour I $ 95,00- jS: 95,00 ! $ 95,00J The crew ancl equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work as directed by City stelf. The use of crew rerttal mey be wsmmted due lo inaccessibility by equipment, in parl< tocalions, slope settings, or non-linear tree pruning . ~ Sp~ialty Equ1pmenl{l.e., Crane, 95-ft Aerial Tower) I Hour I $ 175:"0-0 , .., "v,w 1 .. .. .,.w 1 On occasion the use of a crane or 95-IOot eerie/ tower is necessary to safety operate the assigned tree operation . These prices of ' quipmen/ incfude the operator. 3 Emergency Response (Reg. Business Hours, Mon-Fri) Man Hour $ 95JJO--T-s-· - 9ollolr-95.00 9 Emergency Response (Evening, weekend, Holidays) M<in Hour $ 129.00 - $ 129.00 I S 129.ooj The Conlracror shall be requlrecl to provide emergency on ca/I rosponse for damaged trees due to storms or other masons, Emergency ' calls m11y occur at any givBn time, The Contractor will be provided with locations and lhe worl< to be done al each location via telephone from a City authorized representative. Emergency worl< shall b11gin within 90 minutes of the initial telephone call. ertified Arborist Services Hour $ 170,00 _ __. _ _ ....c..: ..::.....J 4872-4429-3132 v2 8-2
•29
$ 1ss.oo· $
8 $1
51 rno:oo f
May 20, 2025, Item #3
DocuSign Envelope ID: 8AB00780-03E5-4FF6-8271-A4680898C038 ~
0 ....
u,
O'I
24 10
11 C.
d.
e.
f.
g.
h.
i.
j.
Plant Health Care
I
Unit
Measure
Sue· 6elow Al the direction ofthe City, the Contractor will provide plant health carrt services including but not limited lo th& following: spraying, injecting, soil drenching as necessary lo redvce a potentially harmful pest_ This is done to maintain or improve the selected tree's appearance. vitality, and safely. using the most cost-effective and environmentally sensitive practices e11d treatments evaitable. Plant Health Care involves routine monitoring end preventive tmetments. All pesticide recommendations are lo be made by an in-hovse Pest Control Advisor in accordance with the Department of Pesticide Regulations .
Tree Canopy Spraying from ground level I per diameter inch $ 7.00 Tree Canopy Spraying from aerial tower I per diameter inch s 7.00 Description: Fo!ler hydraulic spraying of recommended material.) !nS(lttfclde or Fungicid e Trunk Banding
I per diameter inch $ 8.00
Description: Trunk spray of recommended material.
PGR Trunk Banding r per diameter Inch s 7.00
Oescrip~on: Trunk spray of recommended material to regulate plant growth.
Insecticide or PGR Soil Application (Cambistat) I per diameter inch s 7.00 Description: Recommended insecticide soil injection or drench material to regulate pion! growth. lnsec:tfclcle or Fungicide Soil Application r per diameter inch $ 1.00 I Oescrlptlon: Soil appUed drench of recommended mate1ial.
Soll lnJec:tlon Fertiliiation I per diameter inch $ 8.00 Description: Soil applied injection of recommended m11terial.
Soll Drenching Fertilization r per diameter inch $ 8.00 Oesc1iptjon: Soil application of recommended material.
Trunk Injection (lnseeticide/Miticlde) j pe1 diameter inch s 9.00 oescriplion : Trunk injected recommended material.
Trunk Injection (Fungicide) [' per diameter Inch $ 9.00 Description: Trunk injected recommended material.
$ 7.o·o 1 :s 1.00 I
$ 7.oo I $ i.oo I
$ s.oo I $ a.co I
--r- , .oo I ~ 7.oo l
$ roe 1 $ 1.00 I
$ 7.00 f ;i, 7.00 f
:l, s.oo -, $- - s-:-00-1
~ s.oo I s- s:-0-07
!$ 9.00j ~ ~
5 !;!,00 J $ s:007
k. Trunk Injection (lnsedicide & Funglcide Combo) I per diameter inch $ 10.00 ,, Hl.00 I ~ 1(t0oJ Description: Combination of one-time trunk injection of two recommended malerials.
I. Avermectin Class Insecticide Injection I per diameter inch s 11 .00 :!'. 11.00 I :. 11.UU j Description: Recommended 1runk injecfoon of Emameclin benzoete active ingredient. 4872-4429-3132 v2 B-3
s
I
~
FY28--29
Unit
Ratti$
a:oo
.00
$ s:oo-
.00
a:so- r-$ .oo
a:so 9-:0
'ffS"O
May 20, 2025, Item #3
u,
0 0 ....
u,
°'
DocuSign Envelope ID: 8AB0078D-03E5-4FF6-8271-A46BDB9BC03B m Descri~tion
Alternative Bid Item #1
on1t
Measure
Ff1,f:25
Proposed
Rates Rates
GPS Tree Inventory ~ Site M $ 4.00 l ~ $ 4.00 At the City's direction, conlractorwi/J provide the City withe Global Positioning System (GPS) tree Inventory collected by en !SA Certifi11d Arborist including coordin;,tes for ell trees in public spttces. This includes. bul is nol limiled to. ell publicly ownod trees on street rights-of-way, perks, City facilities and open spaces such as mediens. greenscepes, etc. The address information contained in inventory should be linked directly to a Geographical Informal ion System (GISJ program. such as Arr; View. The inventory collector will identify the trees by their global coordinates of longitude and la/ifude.
Alternative Bid Item #2 Create a Street Tree Palette Lump Sum $ 5,000.00 At the City's direction, work with City staff to develop en updated Street Tree Palette. Create a Street Tree Pfantlng Plan Lump Sum $ 15,000.00 Al tire City's direction, work with City staff to devalop en updated Street Tree Planting Plan for future planting opportunities.
Alternative Bid Item #3
Create an Urban Forest Management Plan (UFMP) At the City's direction, work with City staff to develop an VFMP. This includes presenting to City Council and train stq{f on the UFMP. ~ - l _l
l Lump Sui:i: l S 40,000.00 1
4872-4429-3132 v2 B-4
1-----.roo
F'/27-28
Unit
Rates
$ 5.00
'2S:29
nit
Rates
$~
May 20, 2025, Item #3
DocuSign
Envelope
ID:
8A80078D-03E5-4FF6-8271-A468OB9BC038
EXHIBIT
"C''
"SCHEDULE
OF
PERFORMANCE''
Consultant
shall
commence
the
services
pursuant
to
this
Agreement
upon
receipt
of
a
written
notice
to
proceed.
The
initial
contract
will
be
for
three
years,
from
July
1,
2024,
through
June
30,
2027.
The
City
may
extend
the
Contract
for
up
to
two
(2)
optional
one
(1)
year
term
extensions
based
on
satisfactory
performance.
C-1
4&72-4429·3132
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56 May 20, 2025, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.
(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d ) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received May 20, 2025, Item #3
any unemployment insurance compensation arising out of prior employment subject to this section with
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
May 20, 2025, Item #3
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 ofthe Education Code.
(i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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May 20, 2025, Item #3
GUARANTY
To the City of Poway, City Council, for:
URBAN FORESTRY MAINTENANCE SERVICES
The undersigned guarantees the work included in this project(s).
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal.
Contractor
Date
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May 20, 2025, Item #3
WORKERS' COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor
By:
Title
Date
Section 3700 of the State Labor Code reads in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
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