Current Agreement - West Coast Arborists — Redondo Beach City Council, June 6, 2023

AGREEMENT FOR CONSULTING SERVICES

BETWEEN THE CITY OF REDONDO BEACH
AND WEST COAST ARBORISTS, INC.

THIS AGREEMENT FOR CONSULTING SERVICES ( this " Agreement") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and West Coast Arborists; Inc., a California Corporation ("Consultant" or "Contractor").

The parties hereby agree as follows:

1.. Description of Project or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."

2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit "A" in accordance with the schedule set forth in Exhibit "B".

3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".

GENERAL PROVISIONS
Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of Which shall be Consultant's sole responsibility.

2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.

3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any Other project without Consultant's consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant's own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify; defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data..

4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public proPerty, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.

Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.

5. Services. The project or services set forth in Exhibit "A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit "A" are itemized by price in Exhibit " C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit "A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant's services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.

6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit "A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant's completion of performance of this Agreement.

Copies of all pertinent reports and correspondence shalt be furnished to the City for its files..

7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for by a subsequent written amendment executed by City and Consultant.
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8. Additional_ Assistance. If this Agreement requires Consultant to prepare plans and specifications; Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising forbids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.

9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.

Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.

10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediatetermination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.

11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for, (1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant's receipt of notice of termination, irrespective of Whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.

12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate. this Agreement by giving written notice of such termination, stating the reasons 3 for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultants breach of this Agreement.

13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest ( as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.

14. Indemnity. To the maximum extent Permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, and agents ( collectively " Indemnitees") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Consultant' s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
b. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
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15. Insurance: Consultant shall comply with the requirements set forth in Exhibit "D." Insurance requirements that are waived by the City's Risk Manager do not require amendments or revisions to this Agreement.

Notwithstanding the foregoing, California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Consultant hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take 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..'

16. Non -Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.

17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Consultant acknowledges that eight ( 8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours.. Consultant shall, as a penalty to the City, forfeit twentyfive dollars ($ 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one ( 1) calendar day and forty (40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor 5 a
comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure. b. Prevailing Wages. City and Consultant acknowledge that this project is a public work to which prevailing wages apply. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit "E", which is attached hereto and incorporated by reference.

18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the. City's sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City's prior written consent shall constitute a material default under this Agreement.

The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty-five percent ( 25%) or more of the ownership interest in Consultant or twenty-five percent ( 25%) or more the voting control of Consultant ( whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.

Further, the involvement of Consultant or assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant's assets occurs, which reduces Consultant's assets or net worth by twenty-five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.

19. Subcontractors.. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City's sole and absolute discretion..

20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.

21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
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22-. Conflictina Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail.. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.

23. Non -Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non-exclusive, and City reserves the right to employ other contractors in connection with the project.

24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit "A" which does not pertain to the project description, proposal, or scope of services (as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.

25. Time of Essence. Time is of the essence of this Agreement.

26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder..

27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered "third parties."

28. Governina Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.

29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees ( including expert witness fees) and costs.

This provision shall survive the termination of this Agreement.

30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six ( 6)months after accrual of the cause of action.

31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties..

32. Warran . In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the night to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose(s), Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the. warranty period shall be promptly performed by Consultant, at Consultant's expense, including shipping.

Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit" C" hereto.

33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent. permitted by law.

34. Authori . City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.

35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.

SIGNATURES FOLLOW ON NEXT PAGE
H,
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 2nd day of July, 2019.

CITY OF REDONDO BEACH
William C. Brand, Mayor
APPROVED:

Jill Buch Risk Manager
APPROVED AS TO FORM`.

Michael W. Webb, City Attorney
WEST COAST WBPRISTS, INC.

By:

Name:

Title:
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EXHIBIT "A''

PROJECT DESCRIPTION AND/OR SCOPE -OF SERVICES
Al. Annual Grid Pruning
On an annual basis Contractor shall perform systematic pruning of all trees in public parks, at City facilities, on street parkways and in street medians located within pre - designated districts, as assigned by the City. The City is divided into four (4) districts so that each tree in the City is pruned at least once each four (4) year period. It is the intent of the City that at least 90% of the trees pruned each year will be part of a pre - designated grid.

Trees shall be trimmed on a block by block basis on a set schedule. Consultant shall perform all trimming in accordance with the standards established by the International Society of Arboriculture, American National Standards Institute and the City of Redondo Beach
A2. Biennial Pruning in Key Corridors
Every two ( 2)" years, Contractor shall perform systematic pruning of the following trees in key corridors:.

Chinese elms on Grant Avenue
Palm trees on Catalina Avenue
Palm trees on Artesia Boulevard
Palm trees on Ripley Avenue and intersecting streets along the Ripley Avenue corridor as identified by the City
Palm trees on Beryl Avenue between Prospect Avenue and North Harbor Drive Palm trees on Knob Hill Avenue between Sapphire Street and Esplanade View corridor trees in Veterans Park as designated by the City Trees in Wilderness Park as designated by the City
A3. Special Service Requests
Contractor shall perform special pruning of trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right of way clearance for utility lines, or broken limbs. Contractor shall only provide ''Service Request' pruning when directed. by the City.

A4. Other Services
Contractor shall provide other non -pruning services such as palm free skinning and shaping, tree removals, tree planting and consulting arborist services on an as -needed basis. Contractor shall only perform such services when directed by the City.

A5. Amount of Work
This Agreement does not guarantee any specific amount of work, as the scope, inventory and trimming frequency of frees may increase or decrease annually 10 a
depending upon public policy or available funding. The City currently trims every tree Within the City at least once every four (4) years, completing one section of the tree grid each year. Certain species of trees require more frequent pruning and will be identified on an " as needed basis". The City's current tree inventory is approximately 12,000 trees.

A6. Pruning Standards, Specifications and Requirements
Contractor shall perform all work in conformance with the 2002 Pruning Standards of the Western Chapter ISA. The City' s representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the City's representative shall be excluded from payments to contractors.

Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements and ANSI A 300.

Contractor shall provide and post " No Parking" signs 72 hours in advance of the work and take them down immediately after work is completed. If work site is posted but work is postponed, signs must be removed at once. Trees posted but not pruned must be noted so that they can be done at a later date and not forgotten. Documentation of the information will be submitted to the City's representative immediately to ensure' that the Contractor will return to prune the trees at the later date.

Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner that will cause the least possible interference and annoyance. to the public. Work shall be performed by competent employees and supervised by an English-speaking supervisor, experienced in tree trimming operations. Contractor shall be responsible for advance not cation to the residents at each work location of the intended tree pruning. This notification shall be in the form of a notice that shall be secured to each tree to be trimmed at least 72 hours prior to the work being conducted.

The notice shall include dates and times of parking prohibitions. Contractor shall be. responsible to ensure that private property and vehicles at work locations are not endangered or damaged during the course of work.

Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to Contractor's personnel or others near the work site, work is to cease immediately and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work requires excavation, Contractor is responsible for appropriate notification of Underground Service Alert USA) at 1- 800422-4133.

Contractor shall not use hooks, gaffs, spurs or climbers for such trimming. Any vine plant growing on the trees shall be removed at ground level.

Contractor shall make final pruning cuts without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

Contractor shall trim trees block by block, subject to the instructions of the City's Parks and Urban Forestry Manager or his authorized representative.

Contractor shall disinfect all pruning tools after trimming fungus, disease or fire blight - infected limbs or fronds, Contractor shall disinfect after each cut with alcohol or bleach sufficient to kill the disease organism without harming the tree.

Contractor shall not perform any crown reductions without prior written approval of the City,
A7. Licensing and Qualifications
The Contractor shall hold a State of California Contractor's License ( C- 27) and ( D49) in addition to providing current OSHA certification for all aerial devices to be used during this project. Proof of both of these provisions must be provided at time of proposal submission and remain current throughout the term of the Agreement.

Persons performing the work outlined in this Agreement must be qualified and trained in the tree maintenance industry. This will include the staffing of an arborist, certified through the International Society of Arboriculture ( ISA), and employed throughout the term of the contract as Site Supervisor. That site supervisor must be fluent in the English language and be able to communicate effectively with the public and city staff.

A8. Specifications for "Street Tree Trimming"
The specific techniques employed by Contractor shall be consistent with industry practice for the size -and species of the tree being trimmed. All dead, broken, damaged, diseased or insect -infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close (1/ 2 inch) to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.

Trees shall be trimmed to provide a minimum clearance of fourteen ( 14) feet above the roadway and nine ( 9) feet above walkways where appropriate. Trees shall be trimmed to remove any obstruction around traffic control devices, traffic and business signs, and streetlights.

A9. Specifications for "Special Service Request Pruning/Crew Rental Rate Special aesthetic or traffic vision clearance or similar issues may be required on a special request basis and niay' include trees in parks, at schools, or at civic/community facilities. Contractor shall be given specific locations for special service request trimming in writing by the Public Works Supervisor/Tree Maintenance and meet with the Public Works Supervisor/ Tree Maintenance prior to any work being performed. 12 Fd
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Certain very large, historic or otherwise significant trees requiring special attention may be identified for exceptional attention..

Trees designated for special request trimming shall be trimmed, shaped and thinned.

The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fourteen ( 14) feet above the roadway and nine ( 9) feet above walkways Where appropriate. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic and business signs, and streetlights. Pruning shall be done in such a manner as to ensure effectiveness of the device being cleared around..

Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance.

The specific techniques employed shall be consistent with industry practice forthe size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close ( 112 inch) to the parent stem so that healing can readily start under normal conditions. All limbs 2 inches or greater shall be undercut to prevent splitting.

The remaining limbs and branches shall not be split or broken at the cut. A I crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs to distribute the foliage evenly.

A10. Specifications for Palm Tree Trimming
Standard trimming shall include removal of all dead, yellowed and a limited number of live fronds so that the remaining healthy fronds form an angle no greater than 30 degrees in relation to a horizontal plane with the trunk of the palm tree. Additionally, two feet of old fronds/sheaths, if present, shall be removed from the bottom of the tree and upwards as part of annual grid pruning and biennial trimming. For Canary Island Date Palms two feet of trunk from the bottom up shall be shaped. No climbing spurs may be used in trimming palm trees.

A11. Specifications for" Tree Removal"
All trees to be removed shall be identified by the City' s Parks and Urban Forestry Manager or his designee. Only those trees so ' identified shall be removed by the contractor.

Trees shall be felled in a manner consistent with industry practice with the primary emphasis on the safety of the public and the protection of property.

Stumps shall be ground to a minimum of twenty-four (24) inches below the level of the adjacent ground to allow for a replacement tree of 24 -inch box size. Holes shall be ffled 13 WOW
with the resulting chip/soil mix, compacted and raked level with the adjacent ground. All wood, debris and excess mulch shall be removed and the surrounding area shall be raked and/or swept clean. NOTE: If stump grinding does not follow within the same workday as removal, the tree trunk shall be left five ( 5) feet above grade, or a safety barricade shall be placed and maintained over the stump until the stump grinding is complete.

Contractor shall be responsible for contacting Underground Service Alert ( USA) at 1- 800-422-4133 for the locating of underground utilities prior to stumping operations.

Al2. Specifications for "Root Pruning"
Root pruning work will be specked on work orders to the contractor with specific street address and location, as well as identifying root pruning along the sidewalk or curb or both.

Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other improvement. Root pruning cuts shall be four ( 4) inches wide, eighteen ( 18) inches deep as measured from the top of sidewalk, curb or adjacent improvement and extended eight (8) feet in each direction from the centerline of the tree sixteen ( 16) feet in total length.

Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks.

All cuts shall be backfilled and compacted immediately upon completion of root pruning at each location. Backfill material shall consist of soil and/or mulch from root pruning and shall be free from rocks. All excess debris generated by these operations shall be immediately removed from the site and properly disposed of outside the right-of=way.

A13. Specifications for Mandatory "Emergency/Call—Outs" 24 Hours per Day Contractor shall be required to provide emergencyt'on-call" response to any City - identified tree -related hazard. This may be at night or during storm conditions. The Contractor shall be given specific locations and the work to be done at each location via telephone call or in person from a City authorized representative. The Contractor shall be required to commence work indicated within ninety ( 90) minutes of the initial telephone call and report back to the City representative upon completion of the work specified.

Contractor is required to provide 24- hour emergency phone numbers and the names of a minimum of two ( 2) contact individuals upon award of contract. Should the phone number or contact person change during the course of the contract, such changes must be provided to the City within 24 hours.
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The Contractor shall berequired to provide all traffic control required during emergency operations. Should the work involve any high voltage lines, Contractor shall be required to notify the responsible utility company.

Work performed under the emergency provision of this Agreement shall be paid on a per "crew hour" basis. This shall include all labor, tools, equipment, disposal fees, and materials necessary for completing the emergency work.

A14.. Safety
Contractor shall comply with the Standards of CAL OSHA and the American National Standard Institute (ANSI), Z 133. 1= 1988 Safety requirements including any City special conditions.

Contractor shall provide and post" No Parking" signs at least 72 hours in advance of the work on streets 'intended to be trimmed, while considering and coordinating with the street sweeping predetermined schedules where possible.

Contractor shall conform to all Caltrans. traffic safety, permitting requirements and operating rules at all times while this Agreement is in effect.

Contractor shall be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high Visibility arrow board(s) where appropriate. All traffic safety equipment must be approved for use by the City prior to use. All traffic delineation shall comply with the Work Area Traffic Control Handbook (WATCH).

Where work is in progress, no street may be closed. Work shall be performed on one side of the street at a time.

A15. Clean Up
Each day's scheduled work shall be completed and all debris, cuttings, trimmings removed from the site. Under no circumstances shall any brush, leaves, debris, trucks, or equipment remain on the street overnight without authorization from the Parks and Urban Forestry Manager/or his/her designee.

The City's Parks and Urban Forestry Manager or his/her designee shall be the sole. judge as to the adequacy of the clean up and will have the authority to direct further clean=up with results expected that:same day. Should this require use of City personnel on an overtime basis, it shall result in costs deducted from Contractor's billing.

Contractor shall be responsible for the protection of all property and improvements adjacent to the work areas, including but not limited to sprinkler systems, drainpipes; lawns, plantings, brick or masonry work, mailboxes, lights, fences, walls, sidewalks, street paving or other improvements located on either public or private property. Any improvements removed or damaged, other than those scheduled for removal, shall be replaced in kind at Contractor's expense to the entire satisfaction of City staff and/ or property owner. Replacement shall be no later than five (5) working days from the date of damage, unless extended by the City' s Parks and Urban Forestry Manager.

A16. Disposal of Materials
All green waste produced as a result of the Contractor's operations under this Agreement shall be reduced, reused, recycled, and/or transformed. Weight slips shall be required as proof of final disposal and must be submitted with each demand for payment.

Reducing shall include, but not be limited to, chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a mulching program, and proof of such will be provided with each demand for payment.

Reusing will include, but not be limited to, using chipped., ground or shredded tree materials as mulch. If the Contractor has a location outside the City where such mulch may be applied, contractor must provide the City documentation ( with each demand for payment) from the property ownerindicating location and amount of material to be used at that location.

Recycling will include, but not be limited to, firewood that is too large to be chipped, ground or shredded for use as mulch. Transformation will include, but not be limited to firewood that is too large to be chipped, ground or shredded for use as mulch. If wood is to be kept for firewood by Contractor, Contractor must provide to the City proof of such an operation with each demand for payment.

The City shall receive all recycling credit for any materials recycled, subject to AB 939.

A17. Inspection
The City' s representative shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the process, workmanship and. character of materials and equipment used and employed in the work.

Inspection of the work shall not relieve the Contractor of any obligation to fulfill the Agreement and/or complete the project as prescribed. Defective work shall be corrected immediately upon notification by City, notwithstanding the fact that such defective work may have been previously overlooked by the City's representative and accepted for payment.

Any work found to be unacceptable will be noted in writing. Upon receipt of a letter noting deficiencies, Contractor shall "make a reasonable good faith effort to correct the deficiencies as determined by the. City's representative within a reasonable period, not to exceed five (5) working days from notification. After this time period, if unacceptable conditions still exist, the City has the right to deduct payment or terminate this Agreement immediately without penalty or prejudice.
16 Z
A18. Computer Documentation of Work Completed
Contractor shall maintain automated records of all tree maintenance work completed.

Maintenance records shall be updated at least weekly and provided to the City upon request. Contractor must utilize a computer+based maintenance system comparable to the "Arbor Access" system operated by West Coast Arborists of Anaheim, California.

Contractor shall provide training for up to five ( 5) City employees in the use of the computer-based record maintenance system, if requested by the City.

A19. Schedule of Work and Hours of Operation
Contractorshall be available to cornmence work on July 1, 2015. Contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order, location and completion of work based upon the information provided by the City representative.

Contractor shall notify the City of any changes in start date of each tree maintenance operation at least 24 hours in advance. Should Contractor discontinue work for any reason, the City must be notified immediately as to the rationale behind the shutdown and the restarting date of operations.

The general hours of operations shall be 7`00 a. m. to 4:00 p. m., Monday through Friday. However, some areas within the City may require that work be completed at night and/or on weekends, as directed by the City. Contractor shall coordinate and schedule operations with the City's representative to accommodate alternate work schedules. No work shall be performed without the written permission of the City's Parks and Urban Forestry Manager. Per City ordinance, no leaf blowers may be used before 8.:00 A.M.

The Contractor, field lead person or foreperson shall meet with the. City's representative each Monday between 7:00 and 9: 00 a. m. to preview the week's work, receive special instructions, and to discuss any problems encountered on the job during the previous week. At the end of each work day, Contractor shall report to City staff what work has been completed.

A20. Form of Notification
Contractor will provide brochures/door hangers entitled " Public Notice of Tree Trimming" which will be posted before a tree is to be pruned. The brochure/door hanger shall be supplied to the City's Park and Urban Forestry Manager or his/her designee for final approval as to form..

A21. Invoicing
Contractor shall submit an invoice for all work completed to the City's Public Works Department on a monthly basis. Invoices shall list the trees pruned by street address, species and other appropriate data acceptable to the. City. Each invoice shall include, all 17 ^ w
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recycling receipts or proof of reusing and reducing solid waste. Failure to comply with the specified format will result in non-payment until said requirement is met.

A22. Photographs
When requested, contractor shall supply the city with photographs of 'before" and "after" trimming that is suitable for reproduction..

Contractor shall supply the City's Parks and Urban Forestry Manager with photos of sites where damage has occurred to public and/or private property.

A23. Contract Compiiance Monitoring
The Public Works Department of the City of Redondo Beach shall monitor contractor's compliance with, and performance under the terms and conditions of this agreement.

Contractor shall make available for the inspection and/or copying by the City all records and accounts relating to the work performed or the service provided in this agreement.

A24. Contractor's responsibility
Contractor shall be responsible for any damages whatsoever to City and private property as applicable when such property is the responsibility or in custody of the contractor's employees or subcontractors.

A25. Disputes
All disputes shall be submitted to the City's Parks and Urban Forestry Manager whose decision shall be final, based upon the terms, conditions and intent of the written Agreement..

A26. Equipment and Vehicles
Contractor shall provide all equipment and vehicles necessary to perform the required services, including but not limited to the following:

Pickup trucks or other vehicles capable of transporting crews of two workers and necessary equipment between worksites
All equipment needed and tools necessaryfor pruning and maintenance activities Work boots, gloves, safety glasses, hearing protection, reflective vests and any other safety equipment required by Cal -OSHA
All equipment, vehicles and tools must be clearly identified as property of the contractor..

All vehicles shall be kept in neat appearance.

A27. Personnel
18 @
Contractor will provide all personnel, maintenance staff, supervising staff and other administrative and personnel services necessary for providing the services described in this RFP..

Contractor will not remove any personnel identified in this RFP without the prior written consent of the City. Such consent will not be unreasonably withheld. The City may also at its sole option require the replacement of any key personnel assigned to this RFP.

Contractor will use appropriate screening and selection criteria for employing personnel.

Those checks will include Department of Motor Vehicles ( DMV) and criminal background checks, pre-employment drug screening and physicals of all employees assigned to this RFP. Contractor will take the steps necessary to ensure all such employees perform their duties in a safe, legal, courteous, and professional manner at all times.

Contractor will make all reasonable efforts to ensure employees having contact with the public in the course of their duties are of good moral character. Any employee who is convicted of a felony or of a crime involving moral turpitude will not be assigned to this RFP.

A28. Contract.Manager
Contractor will provide a Contract Manager to coordinate the maintenance services provided under this RFP. The Contract Manager must be able to read, verbalize and understand direction in English. The Contract Manager must be available to meet with or respond to inquiries from the City Monday through Friday between 7: 00 AM and 5:00 PM. The Contract Manager may be required to attend meetings after normal work hours and report on maintenance services.

A29. Drug and Alcohol Testing
Contractor will provide a copy of its drug and alcohol program and will provide preemployment drug and alcohol testing.

A30. Vehicle Operators
All vehicle operators will be required to have valid California Driver's Licenses for operation of vehicles required to provide services under this RFP. Contractor will be responsible for monitoring DMV records for vehicle operators to ensure their continued qualification and suitability forvehicle operation.

All vehicle operators will comply with California Vehicle Code ( CVC) regulations and all other applicable Federal, State and local requirements.

A31. Experience and Training
Contractor shall provide workers with suitable experience and ability in providing the services desired.
19 Contractor will develop, implement and maintain training and re-training programs for workers assigned to this contract. Training programs are subject to the City's approval prior to the beginning of the contract and annually throughout the term of the contract.

Contractor is responsible for all costs associated with the required training. Required training activities may not interruptor limit maintenance services.

Written documentation of all training, including new hires, recurrent, and retraining will be maintained by the contractor and furnished to the City upon request.

A32. Uniforms
Contractor will develop a dress code, including a standard uniform. that will be approved by the City. The uniform will include coordinating shirts and pants/shorts, jackets and hats. Maintenance workers will wear name tags clearly displaying their names as well as the Contractor's company name. Maintenance workers must maintain a neat and clean appearance at all times. Uniforms shall be properly fitting and not be torn, baggy oroversized..

Consideration for safety must be applied to all dress code elements.

A33. Accident and Incident Reporting
Contractor will develop, implement, and maintain formal procedures, approved by the City, to respond to, and report emergencies and routine concerns that occur in the course of providing maintenance services.

Contractor will notify the City of any accident involving a maintenance worker or vehicle within one hour of the accident (regardless of the amount of damage or lack of damage) and immediately file a police report. In case of injury accidents, the City must be notified immediately, a written accident report must be delivered to the City within 24 hours and a complete report must follow as soon as practical.

A33. Maintenance Records
Contractor will maintain all equipment and vehicle maintenance records required by law..

Contractorwill keep an accurate record of all repairs and maintenance performed by, or for, the contractor on all equipment and vehicles.

A34. Compliance with Fair Employment Practice Act
Contractor must comply with all applicable State of California labor law.

A34. THE USE OF LEAF BLOWERS IS PROHIBITED IN THE CITY OF REDONDO BEACH.

Leaf blowers may not be used at any time in performing services under this agreement.

The City's Parks and Urban Forestry Manager or his/her designee shall be the sole fudge as to the adequacy of the clean- up and shall have the authority to direct further clean-up with results expected that same day. Should this require use of City personnel 20 •°°
F BY.
on an overtime basis; the cost to City shall be deducted from Contractor's subsequent bill.

Contractor shall be responsible for the protection of all property and improvements adjacent to the work areas, including but not limited to sprinkler systems, drainpipes, lawns, plantings, brick or masonry work, mailboxes, lights, fences, walls, sidewalks, street paving or other improvements located on either public or private property. Any improvements removed or damaged, other than those scheduled for removal, shall be replaced in kind at Contractor's expense to the full satisfaction of City staff and/or property owner. Replacement shall be no later than five ( 5) working days from the date of damage, unless extended by the City's Parks and Urban Forestry Manager. 21 EXHIBIT " B"

SCHEDULE FOR COMPLETION
Term. This Agreement shall commence on July 2, 2019 and shall continue until July 3, 2023, unless otherwise terminated as herein provided. This Agreement may be extended for a single additional four ( 4) year period at the City's sole and complete discretion. Contract terms for the extension period would be negotiated should City wish to exercise such option.
22 ,
a`f
EXHIBIT " C"

COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.

1.. AMOUNT.

Annual Not to Exceed Amounts ( based on projected levels of activities and including 10% contingency)
Year/Grid 1:

Year/Grid 2:

Year/Grid 3:

Year/Grid 4:

Total
497280
469,830
545,817
319, 174
1, 832, 101

2. METHOD OF PAYMENT. Consultant shall provide invoices to City for approval and payment. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back- up material upon request.

3. SCHEDULE FOR PAYMENT. Contractor shall be paid within thirty days of completion of services, provided, however, that services are completed to the City's reasonable satisfaction.

4. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.

Consultant
WestCoastArborists, Inc.

Victor Gonzalez, Vice President
2200 E. Via Burton
Anaheim, CA 92806
714) 240- 1645
[email protected]
Citv
City of Redondo Beach
Engineering Department
415 Diamond Street
23 Redondo Beach, CA 90277
Attention: Rob Osborne
Contractor has carefully examined the tree population of the City of Redondo Beach and shall provide the following specified services to the City of Redondo Beach for an initial term of four (4) years.

Grid or Annual Street Tree Trimming
Systematic pruning of trees in pre -designated districts on a block by block basis on a set schedule:

All trees (other than palms)
Palm trees (with 2 feet of skinning
or shaping)
Additional palm tree skinning or
Shaping
Cost per tree $ 54.00
Cost per tree $ 64.00
Cost per foot $ 10.00
Biennial Trimming in Key Corridors
Systematic pruning of trees in designated key corridors every two years:

All trees (other than palms) Cost per tree $ 84.00
Palm trees (with 2 feet of skinning
or shaping) Cost per tree $ 64.00
Additional palm tree skinning or
shaping Cost per foot $ 10.00
Full Trim Based on Service or Special Requests
Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem.

Size of Tree Cost per Tree
0" - 6" dsh $ 43.00
7"— 12" dsh $ 79. 00
13" —18" dsh $ 119.00
19" — 24" dsh $ 194.00
24 25" — 30" dsh $ 274.00
Greater than 30" dsh $ 274.00
Palm Tree Skinning or Shaping
Amount to be Skinned/Shaped Cost per Foot
0750 feet $ 10.00
50- 100 feet $ 10.00
100- 250 feet $ 10.00
250-500 feet $ 10.00
Over 500 feet $ 10.00
Tree Removals
Complete tree and stump removal per dsh inch $ 34.00
Tree removal only per dsh inch 24.00
Stump removal only per diameter inch 10.00
Tree Planting
15 gallon tree with root barrier per tree 160.00
15 gallon tree without root barrier per tree 140.00
24 inch box tree with root barrier per tree 324.00
24 inch box tree Without root barrier per tree 304.00
36 inch box tree without root barrier per tree $ 700.00 CrdW Rental (if needed for Special Service Requests)
Standard maintenance crew of four (4) persons, one ( 1) chipper truck, one ( 1) aerial tower truck and chipper and all necessary saws and hand tools. 25 Per crew hour $ 260.00
Emergency Call Out/Mandatory Response
Required 24 hours per day, 365days per year. Contractor's staff must be onsite working to resolve emergencies within ninety ( 90) minutes of receiving a call from City staff identifying an emergency. Contractor must deploy sufficient staff and equipment to quickly resolve the emergency.

Per man hour $ 90.00
Specialty Equipment
95 ft. aerial tower per hour per hour $ 95.00
Crane per hour $ 95.00
GPS Tree Inventory per tree site $ 2. 00
GPS Inventory of Infrastructure per site $ 2.00
Arborist Services.

Consulting services by certified arborist per hour $ 140.00 26 m"
f
EXHIBIT " 10119

INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).

Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).

Workers' Compensation insurance as required by the State of California.

Employer's Liability Insurance.

Minimum Limits of Insurance.

Consultant shall maintain limits no less than:

General Liability: $ 1, 000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project..

Automobile Liability: $1, 000,000 per accident for bodily injury and property damage.

Employer's Liability: $1, 000,000 per accident for bodily injury or disease.

Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or ( 2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
27 '
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions;
Additional Insured Endorsement:.

General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance, or as a separate owner's policy.

Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.

For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.

The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant' s part.

Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance..
28 9
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors -shall be subject to all of the requirements stated herein.

Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
29 EXHIBIT " E"

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California.

Labor Law Requirements is. attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code ("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes.

Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of. such speck provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.

4. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR: determination of such prevailing rateofper diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.

7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work, under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the. City a verified statement of the journeyman and apprentice hours performed under this Agreement.

8. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.

Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay..

9. California Labor Code Sections 1860 and 370.0 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake 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."

10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.

Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodi.c review of the certified payroll records of the subcontractor and upon. becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure.

11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor's expense with counsel acceptable to the City) the City, its officials, officers, employees, agents; independent contractors; and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 31 Mrd"
Certificate of Insurance
I IIIS I : R IIICA IE IS ISSUED AS A N! AF] OI' INFORM A' HON ONLY AND CONFERS NO RIGHIS UPON YOIJ THE CERTWIG9' E HOLDER. ' 1111SS C EICI I F ICA 11f. I S NOIAN INS(; RANCE KWIC 1 AND DOES NUI ANI HND. B\ IEN U, OR Al. I FIR I' IIE COVERAGE AFFORDED. BY I Ili POLICE F:S LISTED BE: 10% F)LIC'\' I. IN Ill ARE 'NOL1 SS' I IIAN' OIOSI( I. is I11, .\ I. 1' 1100011 INA IC' IILS. MAI IN( LU DF ADDIIIONAI SIIBLIN11Tn 1> IITS NOT L IS'I' ED BELOW rhisisto Certify that
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2200 EAST VIA BURTON NANI E AND _ Libe Mutual. ANAHEIM CA 92806 ADDRESS ` `,

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INSI1RANlf I- AFPOR61D ON DFIt T I IF ABO VL POLICIES UNI It. A i LFAS 1 30 DAYS NOHCF. 1' r 51:(' II i ANCCI' A' I' IO N HAS BEEN NI At LED I0. rCity of Redondo Beach
Department of Engineering & Building Services
415 Diamond Street Door E
Redondo Beach CA 90277
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Elaine Ulan
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Los Angeles CA 90017 213443- 0782 6/ 182019
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The City of Redondo Beach. its officers, elected and appointed officials, employees and volunteers are additional insured mill regards to general liability (per CG 2010 and CG 2037) and automobile liability (Per CA 2048), as their interest may appear, where required by written contract.

Coverage is primary and non- contributory.

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ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section 11 — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person( s) or equipment furnished in connection with such organization( s) shown in the Schedule, but only with work, on the project ( other than service. respect to liability for " bodily injury', " property maintenance or repairs) to be performed by or damage" or " personal and advertising injury" on behalf of the additional insured(s) at the caused. in whole or in part. by location of the covered operations has been

1. Your acts or omissions: or completed; or

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

However:

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

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

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

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

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

Any owner. lessee, or contractor for whom you have
agreed in writing prior to a loss to provide liability
insurance

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

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

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

1. Required by the contract or agreement: or

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

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

Location(s) Of Covered Operations
Any location work is performed
Information required to complete this Schedule, if not shown above. will be shown in the Declarations.

CG 20 10 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: TB2-661- 039499- 019 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

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

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

However:

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

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

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

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

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

SCHEDULE
All persons or organizations with whom you have
entered into a written contract or agreement. prior to an occurrence or offense. to provide additional insured
status.

1. Required by the contract or agreement: or

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

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

Location And Description Of Completed Operations
All locations as required by a written contract or
agreement entered into prior to an occurrence or
offense.

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

CG 20.37 04 13 0 Insurance Services Office. Inc., 2012 Page 1 of 1 POLICY NUMBER: AS7-661- 039499-039 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

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

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

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

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

SCHEDULE
Name Of Person(s) Or Organization(s): _
Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance requited by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.

Information required to complete this Schedule. if not shown above. will be shown in the Declarations.

Each person or organization shown in the Schedule is
an " insured" for Covered Autos Liability Coverage. but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured provision
contained in Paragraph A. I. of Section 11 - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.

CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: T62-661- 039499-019 COMMERCIAL GENERAL LIABILITY CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

CG 20 01 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1

Redondo Beach City CouncilJune 6, 2023

Redondo Beach City Council
June 6, 2023