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5.6.1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather.
5.6.2. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished.
5.6.3. The Contractor shall immediately notify the Urban Forester or designee when the work force has been removed from the job site due to inclement weather, or other reasons.
5.6.4. The Contractor shall remove all branches and debris resulting from inclement weather.
6. INSPECTIONS
6.1. The Urban Forester and his designees shall, at all times, have access to the work being performed and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in said work. The inspection of the work shall not relieve the Contractor of any of his obligation to fulfill the Contract and/or complete the project described. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by the Urban Forester or designated representative and accepted for payment.
6.2. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications.
6.3. The Contractor shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the Contract, which may be delivered to said party or their representative on the worksite.
6.4. In addition, in all cases the Urban Forester or designee shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by Urban Forester or designee shall be excluded from payment unless corrected to the satisfaction of the Urban Forester or his designee.
7. REPORTS AND BROCHURES
7.1. Contractor shall provide project reports as requested by the Urban Forester or designee.
7.2. Contractor will provide brochures that are acceptable to the Urban Forester or designee that describe the tree trimming process or care guidelines for newly planted trees, and are readily accessible to the residents of GlendaleSan Marino. Sample brochures must be included with the bid submittal. Public notice of the Tree Trimming Program will be supplied by the Contractor with final approval by the Urban Forester or designee. [Addendum #4]
8. MATERIAL SAFETY DATA SHEETS (MSDS OR SDS)
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8.1. All materials used in services must be registered and CDPR approved. The Material Safety Data Sheet (MSDS) shall be available at all times for all chemicals used as part of this Contract.
The MSDS is also required to be made available to local fire departments and local and state emergency planning officials under Section 311 of the Emergency Planning and Community Right-To-Know Act. Equipment and method of application must be in compliance with the ACWM for the County of Los Angeles. All services in the City must be provided accordingly to the California Code of Regulations: (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Sections: 6600.
8.2. General Standards of Care, 6602. Availability of Labeling, 6630. Equipment Identification, 6670.
Container Control, 6676. Container Requirements, 6678. Services Container Labeling.
9. BILLING
9.1. Billing is to be by address, maintenance district, and include tree species, DBH, variety (Botanical and Common), trim date, condition and appropriated data acceptable to the Urban Forester or designee. This shall be updated by the Contractor on the City’s Tree Inventory Database within 1 month of work being completed. Invoices shall be processed promptly by the Contractor upon completion of work, and submitted directly by email to the City’s Accounts Payable office [email protected].
9.2. A copy of the submitted invoice should be sent to the Urban Forester or designee for review.
10. SERVICE SCHEDULING AND PARKING NOTIFICATION
10.1. Contractor shall issue schedule showing dates, times, and type(s) of maintenance to be performed at each project area. City reserves the right to amend Contractor’s issued schedule if said schedule adversely impacts City’s day to day operations.
10.2. Contractor shall provide and post “No Parking” signs 36 hours in advance of the work and distribute written notice door hangers to affected residents of the pending work 72 hours in advance of the work. Notices shall be printed in English and Chinese and affixed with twine only. Nails or staples are not to be used at any time. Contractor shall adhere to all traffic control policies governed by the City. [Addendum#5]
10.3. Some work in City Parks, Open Spaces, and Facilities may require additional advance notification at the discretion of the Urban Forester or designee. Contractor shall notify the Urban Forester of upcoming work in City Parks, Open Spaces, and Facilities a minimum of 1 business week in advance to ensure the work does not conflict with scheduled events or activities.
11. PUBLIC RELATIONS
11.1. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree trimming operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations at least 72 hours in advance of scheduled work via door tags. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
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12. USE OF RECLAIMED WATER
12.1. Water supply will be reclaimed water, furnished from reclaimed water sources located within
1.5 miles of the job site. It will be the Contractor's responsibility to transport this water to the job site and take all recommended precautions in its transportation and use. The following County of Los Angeles, Department of Health Services Safety Guidelines and Precautions regarding the transportation and use of reclaimed water shall be followed:
12.2. The sale and use of reclaimed wastewater must meet the standards required by Section 60313(b), Title 22, California Code of Regulations (disinfected tertiary treated wastewater).
12.3. Reclaimed water shall be distributed by tank truck for residential and commercial use.
12.4. All tank trucks used to haul reclaimed water must be clearly identified RECLAIMED WATER - DO NOT DRINK. Tank trucks shall be thoroughly cleaned of contaminants prior to use, must be fitted with water-tight valves and fittings, must not leak, and cannot be connected to potable water supply systems. Supplementing reclaimed water with potable water shall be through an approved air gap separation.
12.5. Watering shall be done directly from reclaimed water trucks or from temporary piping under the control of the reclaimed water deliverer. The temporary piping shall be identified RECLAIMED WATER.
12.6. DO NOT DRINK. The piping system shall remain on the surface of the ground and shall be removed when the watering is completed.
12.7. Under no circumstances shall any storage or plumbing system be installed on any property for the use of reclaimed water unless all requirements and guidelines are met for the permanent use of reclaimed water.
12.8. Reclaimed water use shall be accomplished at a time, and in a manner that minimizes ponding and the possibility of public contact. Irrigation shall be done during periods when the grounds will have maximum opportunity to dry before use by the public.
12.9. The use of reclaimed water shall not create a nuisance. Truck operators shall log all deliveries of reclaimed water.
13. RECYCLING OF GREEN WASTE
13.1. No less than 85 percent of pruned tree branches, tree trimming debris, wood and other green waste generated as a result of Contractor’s operations under this Contract shall be recycled, reused or transformed by the Contractor. This 85 percent is not permitted to be disposed of at landfills and it may not be used as landfill daily cover. Weight slips shall be required as proof of final disposal and must be submitted by the Contractor with each invoice for payment. All brush generated from tree maintenance operations shall be recycled where practical.
13.2. Recycling, reuse and transformation may include, but not be limited to firewood that is too large to be chipped, ground and 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.
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13.2.13.3. Spread up to 200 cubic yards of clean, non-palm-containing mulch at locations identified by Urban Forester. [Addendum #4]
14. PEST CONTROL
14.1. All major pest problems shall be reported by the Contractor to the Urban Forester or designee. If the Contractor identifies a pest in a worked tree, proper disposal methods must be followed.
15. UNIFORMS
15.1. The Contractor shall provide a standard uniform for its personnel consisting of at least a neat shirt, complementing pants, a belt and boots appropriate for the work. All shirts, jackets, or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform. Contractor personnel shall appear neat and well-groomed. No portion of the uniform may be removed while working. Contractor personnel shall wear appropriate reflective safety vests when operating machinery and/or while working within five hundred (500) feet of moving traffic or such other distance required by applicable laws.
16. ADDITIONAL MAINTENANCE
16.1. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the Urban Forester or designee before the work is commenced.
17. EQUIPMENT
17.1. All vehicles, tools and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order. All equipment used and all maintenance practices employed shall be subject to the inspection of the Urban Forester or designee and shall meet safety and functional requirements. All equipment shall be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids.
17.2. Equipment drive belts and hoses shall be in good repair and show no signs of fraying. No equipment shall pose a potential danger to the operator, co-workers, passing motorists or pedestrians. The Urban Forester may reject any vehicle or piece of equipment and order it removed from the job site.
17.3. Contractor shall maintain a sufficient inventory of equipment so as to complete work as specified. All equipment shall be approved by the City prior to the commencement of services.
Contractor shall notify the Urban Forester or designee of any change in the equipment inventory during the performance of this Contract. This notification shall be in the form of a dated inventory list.
18. REPAIRING DAMAGED WORK
18.1. The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by act hereunder.
Tree pruning and other tree maintenance work shall not be done at a time when they might
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damage parked cars or at times when activities in the project area might be inconvenienced or disrupted.
18.2. Needed repairs from damage by other than the Contractor's operation shall be promptly reported to the Urban Forester or designee.
18.3. The Contractor shall be responsible for the replacement of all plant materials, including shrubs, ground cover, mulch pebble bark and similar materials displaced or damaged as a result of any maintenance performed by same. The full cost of such replacement, including the cost of labor, shall be borne by the Contractor.
18.4. The Contractor shall be responsible for the replacement or repair to any sidewalk, fixture or private property that is damaged by the improper use or failure of any maintenance equipment or by a negligent act of its employees. The full cost of such replacement, including the cost of labor shall be borne by the Contractor.
19. TREE INVENTORY MAINTENANCE AND TECHNICAL SUPPORT
19.1. The Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current City inventory system. The system shall be accessible by City staff 24 hours a day via the internet. The Contractor is to update the inventory regularly and make all necessary corrections according to the field records. Contractor shall add field condition data to the system including right-of-way grow space. Contractor will endeavor to bring to the attention of the Urban Forester or designee any trees identified on their scheduled work list or inventory that are questionable as to their accuracy as being a City-owned street tree, or a City-owned tree in Park, facility, or other parcel. Plants that are inventoried as trees should likewise be brought to attention. The Urban Forester or designee will determine the status of the tree(s) or plant(s) in question and inform Contractor if the tree(s) or plant(s) are to be included in any work activities to be performed by the Contractor or removed from the inventory.
19.2. Contractor will provide the City with a state-of-the-art record keeping computer-based inventory system and all the necessary technical support that allows the City to maintain information about a tree population, including the work history and service request information, tree and planting site locations information, maintenance requirements and species names. The system will print condensed or detailed listings of tree and site information, work histories, service requests and summary reports.
19.3. The Contractor shall update and maintain the tree site specific, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g. species, height, DBH) and to record the date, cost and crew identity for any pruning, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be updated to reflect the removal and replacement of trees, as well as the addition of trees to the inventory. The system shall be capable of maintaining and displaying all past and future work histories for any and all tree sites in the inventory, both individually and collectively by query, and inclusive of both contractor work and work completed by City forces. Approved City Staff shall be able to be enter and update data.
19.4. All aspects of the tree inventory system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall
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be the responsibility of the Contractor and shall be provided at no cost to the City. The system shall not be proprietary in the nature of its function and shall operate and interface with common computer software and web-based applications, including the ability to export data into common spreadsheet applications. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the Contract.
19.5. Tree site/task specific hardcopy backup data for any work that has occurred during the billing cycle shall accompany the invoicing for that period and shall be accessible for review on the internet based computerized tree inventory system prior to the submittal of invoicing for that work.
Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied. [Addendum #3]
PAGE INTENTIONALLY BLANK
AGREEMENT FOR
MAINTENANCE / REPAIR / MINOR CONSTRUCTION SERVICES
FOR MULTI-YEAR TREE MAINTENANCE AND PLANTING PROGRAM
Between
THE CITY OF SAN MARINO,
a municipal corporation,
and
[name] ,
a ________[state / type of business or natural person]________ Dated: ___________________
Issued 12-22-21
1 AGREEMENT FOR
MAINTENANCE / REPAIR / MINOR CONSTRUCTION SERVICES
This Agreement for Maintenance / Repair / Minor Construction Services (“Agreement”) is entered into as of the date referenced on the cover page (“Effective Date”) between the City of San Marino, a California municipal corporation (“City”) and ____________________________ (“Contractor”) (collectively the “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Identification of Contractor
Name: [Contractor’s Name]
Address: [Contractor’s Address]
Type of Entity: [Type of Entity]
License Numbers: [License Numbers or N/A if Not Applicable]
1.2 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 5 years commencing on the Effective Date, (DATE), as referenced on the cover page.
If this Agreement is for four (4) or more years, City may exercise up to two (2) 1-year extensions contingent on an annual appropriation of a budget by the City Council and Contractor’s satisfactory performance of Contractor’s Services as documented by the City Engineer.
1.3 Description of Contractor’s Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those maintenance / repair / minor construction services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and Contractors at all reasonable times.
1.4 Performance of Services. Contractor represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having specific experience and expertise in professional services of like nature and complexity of the Services.
1.5 Compensation for Contractor’s Services.
Compensation for the Services shall be (select one):
_______ Lump Sum of $ [Dollar Amount], [With OR Without] progress payments; or
Issued 12-22-21
2 _______ Time and materials, per schedule of rates and charges included in Exhibit C, with a guaranteed not to exceed price of $ [Dollar Amount].
City may adjust compensation for the Services based on the year to year Engineering News Record (ENR) Construction Cost Index (CCI) percentage change with a maximum increase of 5% (no limit on decrease) per year.
1.6 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.18 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.
1.7 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.18 [Administration and Implementation] and Contractor.
1.8 Progress and Coordination. Upon City’s request, Contractor shall provide City with progress submittals showing status of Services, at times and increments as City may reasonably request, and shall provide City with a progress schedule for performance of the Services, at times and in a level of detail as City may reasonably request. Contractor shall coordinate with City and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.
1.9 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.
1.10 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services.
Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this
Issued 12-22-21
3 Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
1.11 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].
2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.
2.3 Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles (“County”) issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the “County Order”). In no event shall Contractor be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor. Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor 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. Contractor is not entitled
Issued 12-22-21
4 to any benefits that Owner provides to Owner employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall pay all payroll taxes imposed by any governmental entity and shall pay all other required taxes.
3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Prevailing Wage Laws. Contractor represents and warrants that it 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 compliance with other requirements on “Public Works” and “Maintenance” projects. Contractor shall pay prevailing wages to its employees on any agreement in excess of $1,000.00.
Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement.
3.6.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Issued 12-22-21
5 SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.
4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, Contractor fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act,
Issued 12-22-21
6 H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the CarpenterPresley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND AUDIT
5.1 Records and Audit. At Owner’s request, Contractor shall make available to Owner, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Owner in connection with the Services. Contractor shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable.
SECTION 6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.
6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.
SECTION 7. BONDS
7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference,
Issued 12-22-21
7 Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.
7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds.
No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.
7.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a Californiaadmitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
SECTION 8. TERMINATION
8.1 Termination and Suspension. City may, with or without cause, direct Contractor to suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Contractor commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.
Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Purchase Order.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
Issued 12-22-21
8 9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
9.3 Conflict of Interest. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Contractor represents to and agrees with City that Contractor has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing City services hereunder, including but not limited to, any interest (financial, shared ownership, shared management, shared directors, or reporting responsibilities) Contractor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, Contractors, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
9.4 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement for City, will be kept confidential and not be disclosed to any other person. Contractor will immediately notify City in writing if it is requested to disclose any information made known to or discovered by Contractor during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to City hereunder.
9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.
9.6 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other prior agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.
9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Issued 12-22-21
9 9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the San Marino Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.
9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.13 Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
9.15 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.
9.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
9.17 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
9.18 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 9.10 [Amendment] and the City Manager’s contracting authority under the City’s Municipal Code.
SIGNATURES ON FOLLOWING PAGE
Issued 12-22-21
10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
“CITY”
CITY OF San Marino
Marcella Marlowe
City Manager
ATTEST:
_____________________________
Christina Baker, City Clerk
APPROVED AS TO FORM:
_____________________________
Joe Montes, City Attorney
“CONTRACTOR”
[Name of Company]
By:
Name:
Title:
By:
Name:
Title:
EXHIBIT “A”
SCOPE OF SERVICES
[Type Scope of Services]
EXHIBIT “B”
SCHEDULE OF PERFORMANCE
[Type in Schedule]
EXHIBIT “C”
COMPENSATION
[Type in Compensation]
EXHIBIT “D”
REPRESENTATIVES
CITY’S REPRESENTATIVE
City of San Marino
[Type in Name of Department]
Attn: [Type in Name of Representative]
[Type in Address]
[Type in Fax Number]
CONTRACTOR’S REPRESENTATIVE
[Type in Information for Contractor]
Multi-year Tree Maintenance and Planting Program Prj. No. 52-4150 Addendum No. 5 1-27-2022
EXHIBIT “E”
BONDS REQUIRED
PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF [______________] (Owner) has awarded to (Name of Contractor) as Principal, Contract
Number dated the day of , 20___ (the
Contract), titled the City of
[______________]_______________________________________Project in the amount of $ , which Contract is by this reference made a part hereof, for the work of the following Contract:
[PROJECT NAME AND LOCATION]
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) , as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ ), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond.
The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated [Month, Day], 201_ is in the amount of [ Insert Amount ] (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to [Insert name of Contractor] (Contractor), [Insert name of Surety] (Surety), CITY OF [______________] (Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
[Insert name of Contractor] [Insert name of Surety]
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: [PROJECT NAME AND ADDRESS], dated [Month, Day], 20_, in the amount of [ Insert Amount].
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by
Multi-year Tree Maintenance and Planting Program Prj. No. 52-4150 Addendum No. 5 1-27-2022
Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
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11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Los Angeles, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).
Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
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EXHIBIT “F”
INSURANCE REQUIREMENTS FOR THE CITY OF SAN MARINO
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single)
Commercial General Liability $5,000,000
Business Automobile Liability $5,000,000
Workers’ Compensation $1,000,000
Builder’s Risk Completed value of the project
Surety Bonds As described below
Professional Liability $1,000,000
Contractors’ Pollution Legal Liability $1,000,000
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
3. Business Auto Coverage. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person.
4. Workers Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Builder’s Risk (Course of Construction). Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.
6. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is
Multi-year Tree Maintenance and Planting Program Prj. No. 52-4150 Addendum No. 5 1-27-2022
required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
7. Professional Liability. If design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
8. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
9. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
10. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 selfinsured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross-liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract.
The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review, but in no event may be less than $2,000,000 per occurrence and aggregate.
11. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
12. Accessibility of Insurers. Insurance is to be placed with insurances with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
13. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
14. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
15. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
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16. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
17. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
CERTIFIED PAYROLL GUIDELINES
AT THE START OF THE JOB PLEASE PROVIDE THE FOLLOWING FOR EACH CONTRACTOR / SUBCONTRACTOR:
1.) A list of all trades & crafts anticipated on the job (see separate example sheet).
For example, if the project is calling for state prevailing wages, the relevant information can be found on www.dir.ca.gov/OPRL/PWD/index.htm. Make sure you check if the project is state or federal.
2.) If fringes are paid directly to a plan (partly or in full), please provide fringe benefit statements for all crafts anticipated
3.) Proof of payment of training dues (if applicable)
4.) A list of all subcontractors anticipated on the job (applies to main contractor only) PLEASE NOTE:
• The start date of the job is payroll week #1 for the main contractor and every subcontractor on the job, regardless of being on the job at the beginning or not. • For each week please provide either a payroll report with statement of compliance OR where no work is performed a statement of non-performance for all contractors/subs. The only exception: The weeks before the initial work start can be grouped into 1 statement of non-performance as long as the entire time frame is specified. Otherwise a statement of non-performance is required weekly. • When a contractor/subcontractor has completed their work on the job, a FINAL statement of non-performance is required. This can be identical to a regular statement of non-performance except it needs to specify that it is the final statement. • It is imperative payroll documents are received complete and promptly in order to authorize the contractor’s invoices. Therefore, please send 1 set of originals with wet signatures of everything as promptly as possible
U.S. Department of Labor PAYROLL
W (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) age and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.: 1235-0008 Expires: 01/31/2015
PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9)
(8)
DEDUCTIONS
O O O O O O O O
NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER NO. OF WITHHOLD
iNG
EXEMPTIONS
WORK
CLASSIFICATION
OT. ORST.
HOURS WORKED EACH DAY
TOTAL
HOURS
RATE
OF PAY
GROSS
AMOUNT
EARNED FICA
WITHHOLDING
TAX OTHER
TOTAL
DEDUCTIONS
NET
WAGES
PAID
FOR WEEK
S
SS S S S S S
Rev. Dec. 2008
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.
Washington, D.C. 20210
(over) Page 292 of 348
Date
I,
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of , , and ending the day of , ,
all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS − in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe bene fits as listed in the contracthave been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS
REMARKS:
EXCEPTION (CRAFT) EXPLANATION
NAME AND TITLE SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
STATEMENT
OF
NON-‐PERFORMANCE
Name
of
Contractor
/
Subcontractor:
______________________________________
Payroll
Number(s):
#________________
Final
Statement
of
Non
Performance
(Please
circle): Yes
No
Payroll
Week
Ending
Date:
________________________
I
do
hereby
state
that
no
mechanics,
laborers,
apprentices
or
trainees
were
employed
on
the
construction
site
of
the
Project
______________________________
_____________________________________________
during
the
payroll
period
commencing
on
the
___
day
of
___________
2013 and
ending
the
___
day
of
____________,
2013.
Signature
of
Authorized
Person:
________________________________
Title:
_________________________________
Date: _________________________________
2019 2019
LIST OF TRADES & CRAFTS
PROJECT NAME:
CONTRACTORS NAME:
PAYROLL CONTACT PERSON:
PHONE:
EMAIL:
DATE:
TRADE OR CRAFT PREVAILING WAGE
CLASSIFICATION & GROUP
DETERMINATION
NUMBER
PAGE
NUMBER
FEDERAL/
STATE
EXPIRATION
Note:
* Denotes rate is good for
the life of the project
** Denotes predetermined
increase
LIST OF TRADES & CRAFTS
EXAMPLE ONLY – TO SHOW HOW TO FILL THIS IN CORRECTLY
PROJECT NAME: National City Street Resurfacing
CONTRACTORS NAME: XYZ Construction Inc.
PAYROLL CONTACT PERSON: Pete Smith
PHONE: 619 111 2222
EMAIL: [email protected]
DATE: 2nd April 2013
TRADE OR CRAFT PREVAILING WAGE
CLASSIFICATION & GROUP
DETERMINATION
NUMBER
PAGE
NUMBER
FEDERAL/
STATE
EXPIRATION
LABORER
(CONSTRUCTION-FENCE ERECTORHOUSEMOVER)
LABORER: ENGINEERING
CONSTRUCTION, GROUPS 1 & 5
SD-23-102-3-2012-1 30 STATE June 30, 2013**
LABORER AND RELATED
CLASSIFICATIONS
LABORER: BUILDING
CONSTRUCTION, GROUPS 1, 2, 4
SD-23-102-4-2012-1 29 STATE June 30, 2013**
OPERATING ENGINEER GROUPS 2, 4, & 8 SD-23-63-3-2011-2 25 STATE June 30, 2012*
PARKING AND HIGHWAY
IMPROVEMENT (STRIPING, SLURRY
AND SEAL COAT OPERATIONSLABORER)
GROUPS 2 & 4 SC-23-102-6-2011-1 18E STATE June 30, 2012* Note:
CONTRACTOR FRINGE BENEFIT STATEMENT
Contract Number: Project Name: Today's Date:
Contractor / Subcontractor Name: Business Address:
Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:
Welfare Address:
Pension $ PAID TO: Name:
Address:
Vacation/ $ PAID TO: Name:
Holiday Address:
Training $ PAID TO: Name:
and/or Other Address:
Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:
Welfare Address:
Pension $ PAID TO: Name:
Address:
Vacation/ $ PAID TO: Name:
Holiday Address:
Training $ PAID TO: Name:
And/or Other Address:
Classification: Effective Date: Subsistence or Travel Pay:
$
Health & $ PAID TO: Name:
Welfare Address:
Pension $ PAID TO: Name:
Address:
Vacation/ $ PAID TO: Name:
Holiday Address:
Training $ PAID TO: Name:
And/or Other Address:
Submitted: Contractor / Subcontractor By: Name / Title
Supplemental statements must be submitted during the progress of work should a change in rate of any of the classifications be made. FRINGE BENEFITS FRINGE BENEFITS FRINGE BENEFITS In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below.
Multi-year Tree Maintenance and Planting Program
Prj. No. 52-4150
Issued 12-22-21
CONTRACTOR'S CERTIFICATION OF COMPLETION
DATE: ________________________
TO: City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive
San Marino, California 91108
FROM: __________________________________________________________ (Firm or Corporation)
PROJECT: Multi-year Tree Maintenance and Planting Program Project No. 52-4150 This is to certify that I, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject Project and Contract Documents:
1. I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the Bid, Contract Documents and Contract.
2. The contract work is now complete in all parts and requirements, and ready for your final inspection.
3. I understand and agree that neither the determination by the Owner that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the Contract Documents or as a bar or waiver of tort and contract claims that might be alleged with respect to performance of the work.
Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
Multi-year Tree Maintenance and Planting Program
Prj. No. 52-4150
Issued 12-22-21
CONTRACTOR’S AFFIDAVIT OF DISPOSAL
CONTRACT YEAR ___
WHEREAS, on the ______ day of ____________________, 20______, the undersigned entered into and executed a contract with City of San Marino for the Multi-year Tree Maintenance and Planting Program Project No. 52-4150 as particularly described in said contract, and WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of San Marino Ordinances.
WHEREAS, said contract has been completed for Contract Year ___, all surplus materials disposed of, and proof of compliance with the City of San Marino Municipal Code has been furnished.
NOW, THEREFORE, in consideration of the final payment for Contract Year ___ by the City of San Marino to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location(s):
Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
By signing and submitting this form to the City of San Marino on this ____ day of ___________, 20___, I (we) hereby certified and swear under penalty of perjury under the laws of the State of California that the aforementioned information is true and correct without omission, error or misrepresentation.
Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
Multi-year Tree Maintenance and Planting Program
Prj. No. 52-4150
Issued 12-22-21
CONSENT OF SURETY FOR FINAL PAYMENT
In accordance with the provisions of the contract between the Owner and the Contractor, and the following named Surety:
on the Payment Bond in the amount of Dollars,
of the following named Contractor:
hereby approves of final payment to the Contractor, and further agrees that said final payment to the Contractor shall not relieve the Surety named herein of any of its obligations to the Owner, as set forth in said Surety company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this _______ day of _________________, 20_____.
Signature of Authorized Surety Representative
Title
(CORPORATE SEAL)
Multi-year Tree Maintenance and Planting Program
Prj. No. 52-4150
Issued 12-22-21
CONTRACTOR’S AFFIDAVIT OF PAYMENT
To All Whom It May Concern:
WHEREAS, the undersigned has been contracted by the City of San Marino to furnish labor and materials for the Multi-year Tree Maintenance and Planting Program Project No. 52-4150, under a contract dated the ______day of __________________, 20___, in the City of San Marino, County of Los Angeles, State of California, of which City of San Marino is the Owner.
NOW, THEREFORE, this _________ day of ___________________, 20___ the undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible.
EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.)
Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
Multi-year Tree Maintenance and Planting Program
Prj. No. 52-4150
Issued 12-22-21
GUARANTEE AGREEMENT
TO: The CITY OF SAN MARINO (Owner), for construction of the Multi-year Tree Maintenance and Planting Program Project No. 5204150.
The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein.
1.01 Contractor hereby grants to Owner for a period of one year following the date of Final Acceptance of the Work completed, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.
1.02 Neither final payment nor use nor occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship.
Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance of the Work completed.
1.03 If within one year after the date of Final Acceptance, or such other period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents or any extended warranty or guaranty, any Work is found to be Defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by Owner and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to comply promptly with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.
1.04 Contractor shall respond within 72 hours to any claim made by Owner pursuant to this guaranty.
1.05 Observation and inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be Defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.
1.06 This Guaranty is in addition to any other Contractor warranties contained in the Contract Documents, and not in lieu of, any and all other Contractor liability imposed under the Contract Documents or at law. In the event of any conflict or inconsistency between the terms of this Guaranty and any Contractor warranty or obligation Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the greater protection to Owner. (Signature line on next page)
Multi-year Tree Maintenance and Planting Program
Prj. No. 52-4150
Issued 12-22-21
Date: ____________________________, 20___
Contractor's Name
By:
Signature
Print Name
Title
Street Address
City, State, Zip code
CITY OF SAN MARINO
STREET TREE POLICY AND PROCEDURES
Prepared By:
City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive, San Marino, California 91108
(626) 300-0765
[email protected]
2nd Edition October 2018 (Revised April 10, 2019)
First Edition September 2016
City of San Marino
Parks and Public Works Department
STREET TREE POLICY AND PROCEDURES
September 1, 2016
Revised and Adopted by the City Council October 26, 2018 Revised and Adopted by the City Council April 10, 2019
Street Tree Policy And Procedures April 10, 2019
TP-2
1.0 GENERAL PRESERVATION AND MANAGEMENT GUIDELINES
One of the most important aspects of preserving San Marino’s street trees is the ability to retain a managed population in terms of species, diversity, density and appropriateness.
The City will achieve this through proper planning and gradual reforestation efforts rather than through drastic deforestation and replacement measures. No healthy, living tree will be removed for the sole purpose of altering an area’s existing tree species composition.
Removal will conform to Section 7.0 of these guidelines.
1.1 Species Diversification and Density
A diversified population of tree species helps to guard against the negative impact of monocultures. Monocultures (large populations of a single tree species) may be ravaged during insect or disease epidemics. On the other hand, too diversified a population may create an unmanageable inventory of trees. Thus, as a means of controlling species variety, it is the goal of the City to retain a population of trees in which the optimum quantity of a single tree species should range between 0.5 and 10.0 percent of the total tree population.
1.2 Street Tree Management Plan (STMP)
The STMP will be based on an assessment of each street and the designated species chosen for that street to ensure that the right tree is planted in the right place based upon the following criteria:
a) Species hardiness. Based upon the tree’s adaptability to the region in terms of its resistance to diseases, pests, temperature extremes.
b) Drought Tolerance. Species that are more tolerant of long, dry periods are preferred.
c) Durability and wind resistance. Species that are not brittle by nature. d) Grow Space. Available parkway space relative to the expected tree trunk circumference and root flare at maturity.
e) Overhead clearance. The potential for conflicts between the tree’s canopy and overhead obstructions, such as utility lines, at the tree’s mature height. f) Character and basic design plan for the neighborhood. The general compatibility between the tree and its location.
g) Canopy and subsurface growth habits. Species that do not have invasive surface roots, extensive sucker production, or abundant fruit litter are preferred. h) Irrigation, drainage and soil qualities. Trees that do well under various irrigation and soil conditions are preferred.
i) General aesthetics and shading potential. Trees that provide some aesthetic benefits, such as flowers or attractive fall color, or trees that provide a good amount of shade are preferred.
j) Existing, traditional or native plant palettes. Species that already exist in a particular area, have traditionally or historically existed in that area, or are native to this region are preferred.
Street Tree Policy And Procedures April 10, 2019
TP-3
k) Availability. Trees that are generally available in local nurseries are preferred.
Longer streets may have several alternate designated species in an effort to incorporate diversity into the street tree population to avoid the negative effect of species monoculture. Segments of some streets may be designed with a utility alternate that will be a species planted in locations where there exists overhead clearance conflicts or grow space limitations.
The STMP will be retained by the Department. This list identifies every public street in the City with the designated species and alternates for each street being denoted in both botanical and common names.
1.3 Inventory Administration
The Department will keep current an inventory of all City trees including detailed site characteristics and work histories for each tree. The inventory of City trees identifies species, DBH (diameter at breast height), height, canopy and adjacent hardscape.
When creating an inventory of trees, standard procedures will be used to ensure that they are done in a consistent and regular manner. The inventory includes street trees and trees in other public spaces such as parks and medians. Public access to view the inventory will be provided through the City’s website.
1.4 Street Tree Planting within Entitlement Process
Development projects will be required to plant street trees as a condition of approval where existing street trees are missing or in poor health. The spacing of trees and species are defined in the Department’s conditions of approval and the approved site plan for the project. The Department refers to the STMP for approved street trees and to coordinate the species planted with the street tree palette for the area.
Planting of Street trees will comply the latest edition of the Standard Plans for Public Works Construction (SPPWC) (“The Greenbook”) standards for tree planting and as amended by this policy (see Sections 4 and 10).
2.0 GUIDELINES FOR PLANTING NEW AND REPLACEMENT TREES
2.1 Basis for Planting Guidelines
The Department is responsible for the planting of all street trees and may delegate the actual planting of trees to contractors or property owners. The following guidelines have been developed to promote the health and safety of City trees from the time that they are planted through their maturity. These guidelines apply to all City trees that are to be planted.
Street Tree Policy And Procedures April 10, 2019
TP-4
2.2 Season to Plant
Unless otherwise approved by the Director, all planting of trees will take place between November and April to take advantage of the dormant period for most trees and the cooler, wetter seasons of the year unless the work is proposed to occur during the bird nesting period (January through September). Consequently the Department will consult with an appropriate expert and if necessary prepare in accordance with California Environmental Quality Act guidelines an environmental document. Work that occurs during the bird nesting period may require the presence of an on-site biologist and may have to be suspended until nesting birds have abandoned their nest.
2.3 Planting Sites
It is the objective of the City to plant all viable vacant sites within City rights-of-way and to replace City trees that have been removed. Viability of planting sites is based upon the following criteria:
A. Spacing. There is adequate spacing present overhead, underground and radially to allow for the healthy, unimpeded growth of the tree to its mature size. Specific examples of spacing conditions that may make a site unsuitable for planting include inappropriate canopy room between existing trees, too close a proximity of a planting site to existing water, gas or sewer lines, potential for conflict with overhead power lines, or inadequate width of the location’s parkway for accommodating the tree’s girth.
B. Traffic Clearance. There is adequate line of sight visibility between normal vehicular or pedestrian traffic and necessary signage, street lights or views.
2.4 Tree and Plant Protection
It is the objective of the City to preserve and protect nearby trees and other plantings from damage that may occur during the planting or removal of other trees. The Department will employ the use of tree protection zones as specified in Section 10 and shall require private developers working in the City’s right-of-way to protect existing trees as specified herein.
3.0 (RESERVED)
4.0 TREE STOCK AND OTHER PLANTING MATERIALS
4.1 Nursery Stock Standards
The City will make every effort to ensure that it plants only vigorous, healthy trees that can be trained into an attractive natural form with strong roots and good crown development. The specifications for acceptable nursery stock are as follows:
a) All trees are to be true to type or botanical name as ordered or shown on planting plans.
Street Tree Policy And Procedures April 10, 2019
TP-5
b) All trees should be a size equivalent to that of 15-gallon minimum (see Section 4.7 for size upgrades requested by the adjacent private property owner). This size tree has been found due to its age to be more resilient and vigorous growing when compared to larger trees, which are susceptible to shock and take longer to establish new growth.
c) All trees are to have a single and fairly straight trunk with a good taper and good branch distribution vertically, laterally and radially. d) All trees are to be healthy, have a form typical for the species or cultivar; be well rooted, and are property trained.
e) The root ball of all trees are to be moist throughout and the crown shall show no sign of moisture stress.
f) All trees shall comply with federal and state laws requiring inspection for plant diseases and pest infestations.
g) No tree shall be accepted that has been severely topped, headed back, pollarded or lion-tailed.
h) No tree shall be accepted that has co-dominant stems or excessive weak branch attachments that cannot be trained out without jeopardizing the natural form of the species.
i) No tree shall be accepted that is root bound, shows evidence of girdling or kinking roots, or having knees (roots) protruding above the soil.
4.2 Planting Material Standards
Unless otherwise approved by the Director, all street trees shall be planted using materials that meet the following criteria:
a) Tree Stakes. Provide 2 sturdy, 8-foot-long minimum lodge pole pine stakes. Stakes shall be placed on the outer edge of the root ball on either side of the tree, parallel to the curb or walkway, or perpendicular to prevailing winds (see SPPWC 518). b) Staking Ties. Staking ties shall be 16- to 18-inch-long rubber cinch ties fastened to each stake with galvanized roofing nails. Ties will be pulled loose enough to allow for free movement of the tree in the wind (see SPPWC 518). c) For other details see attached SPPWC standard plans.
4.3 Tree Planting Specifications
Street trees are to be planted in accordance with the SPPWC standard plan 518 and 520 with the following modifications:
a) Tree guying is not permitted (see SPPWC 518).
b) The use of root barriers will be determined on a case by case basis (see SPPWC 520).
c) Gravel-filled solid-wall pipes shall be substituted for perforated pipes to carry water to the root zone (see SPPWC 520).
Street Tree Policy And Procedures April 10, 2019
TP-6
4.4 Site Cleanup after Planting
Work areas should be left in a condition equal to or better than that which existed prior to the commencement of planting operations. All debris should be cleaned up each day before the work crew leaves the site. All lawn areas are to be raked, all streets and sidewalks are to be swept, and all brush, branches, excess soil, rocks or other debris are to be removed from the site.
4.5 Watering Schedule
During the establishment period written notices will be mailed to adjacent private properties where the new tree(s) are located. The Department will water the new trees thoroughly to their root depth as frequently as needed. The minimum standards are as follows:
a) Tree Age 1 to 3 months in the ground: 4 times per month or as necessary. b) Tree Age 4 to 6 months in the ground: 2 times per month or as necessary. c) Tree Age 7 to 12 months in the ground: 1 time per month or as necessary.
The Department will monitor tree health during the establishment period and modify the water schedule listed above as necessary due to factors such as weather patterns and drought conditions to ensure maximum survivability of the new tree.
4.6 Training Young Trees
All newly planted trees will be placed on a written schedule to receive young tree maintenance immediately after planting. Properly trained trees will develop into structurally strong trees well suited for their surrounding environment. These trees should require little corrective pruning as they mature. Young trees that reach a larger mature size should have a sturdy, tapered trunk with well-spaced branches that are smaller in diameter than the trunk.
Every street tree should be scheduled for training at least once within the first 3 years after being planted as part of a young tree maintenance program (YTMP). The YTMP will include evaluating the overall condition of the tree, cleaning out of any dead wood and pruning the tree in such a manner as to develop good structure, checking to insure stakes and ties are removed in a timely manner from the young tree so as not to inhibit its development, and examining the watering basis to verify that the tree is receiving adequate water.
4.7 Tree Size Upgrades Requested by Property Owner
The Department will be open to increasing the size of the stock tree being planted in the parkway strip if requested by the adjacent private property owner. If the larger tree is determined to be feasible based on the STMP, the differential cost of labor and materials to plant a large tree and a 15-gallon tree of the same species shall be reimbursed by the private property owner in accordance with the City’s fiscal policies prior to installation of the larger tree.
Street Tree Policy And Procedures April 10, 2019
TP-7
5.0 TREE PRUNING GUIDELINES
5.1 Frequency and Manner of Pruning
The Department is responsible for pruning of street trees. Street trees will be pruned on a regular basis using professionally accepted standards as established by the International Society of Arboriculture (ISA). They will be pruned in a manner to encourage good development while preserving their health, structure and natural appearance.
Topping, heading back, stubbing, lion tailing or pollarding of public trees is strictly prohibited.
Residents will be notified of any pruning projects affecting a City tree located in front of their home per Section 8.
5.2 Utility Clearance Pruning
Line clearing is performed by tree trimming companies under contract to Southern California Edison (SCE) who is to inform the Department of upcoming trimming work. The Department will inspect the location before trimming occurs to see if an alternative treatment to trimming or pruning can be used and make recommendations to SCE modify the trimming scope to reduce impacts on trees (especially palm trees). The Department will review the site after the work is performed to determine if the work by SCE has damaged or otherwise impacted the long-term health of the tree. Due to state utility regulations the authority for determining the appropriate trimming rests with SCE.
However, the City may seek to pursue claims against SCE if it is in the best interests of the City to seek damages or other compensation such as replacement trees.
5.3 Certified Arborist
All City-contracted tree companies are required to have in their employment a full-time, permanent certified arborist as accredited by the International Society of Arboriculture (ISA). This person shall be responsible for ensuring that the contractor’s crews are performing work according to City specifications and this policy.
The Department will have on-staff a certified arborist or employ an outside consultant to assist the Department in implementing this policy.
5.4 Pruning by Private Property Owner
San Marino parkway trees are a valuable asset to the City’s neighborhoods and conformance with this policy is paramount to ensure their long and healthy life.
Consequently, it is important to use the same standards of care if tree work is to be performed by others.
Private property owners may request to prune a City parkway tree with a private contractor in-between the 4 year pruning cycle used by the City. On a case-by-case basis, the Department may allow this pending a review of the subject tree, adjacent street trees, the proposed trimming plan and the next scheduled tree pruning/trimming operation.
Street Tree Policy And Procedures April 10, 2019
TP-8
The property owner should submit an encroachment permit application that includes:
a) Name of the property owner.
b) The proposed contractor name and contact information with a copy of a valid C61/D-49 license and a City of San Marino business license. c) A pruning plan identifying the certified arborist who will be supervising the pruning and the proposed dates of the work.
d) All insurance documents specified by the encroachment permit. e) The encroachment permit fee was waived by the City Council on October 26, 2018.
Should an encroachment permit for pruning be approved, the property owner, their contractor and arborist, and Department personal shall meet on-site to review the scope of the pruning and other relevant matters for pruning within the public right-of-way per Sections 5, 9 and 10. Notification of the pruning to the neighborhood will be in accordance with Section 8.
6.0 TREE AND HARDSCAPE CONFLICTS
6.1 General Policy Regarding Tree and Hardscape Conflicts A sidewalk can be removed and replaced in a single day. A tree may take 20-70 years to reach a size where it damages the sidewalk. The sidewalk or curb will require repair whether the tree remains or not. The vested time and value of the tree prompts modifying the site to allow the tree to remain whenever practical. However, the tree in an improper growing site can cause hazards and recurring damages that cannot be corrected by modifying the growing site, and removal and replacement may be necessary. Because of the complexity of resolving tree-hardscape conflicts, the following guidelines will be employed to govern the decision-making process.
6.2 Inspection
If tree roots are the cause of hardscape damage, a certified arborist will be consulted to consider the size, species, structure/condition and external or environmental factors present that may support removal.
a) Size. Trunk size (DBH) and height should be noted in relation to the amount of structural roots that should remain to support the tree. b) Species. The species should be considered for its environmental suitability and its appropriateness to the site.
c) Structure and Condition. The tree should be inspected for stability: leaning and crown balance. The trunk should be checked for any cavities, signs of decay or insects that may cause instability (i.e., root rot, bores, termites). The condition of the foliage should be checked noting dieback, size and quantity of foliage, and anything that may indicate stress.
d) External or Environmental Factors. The growing space should be considered.
Check for adequate growing space. Note proximity to overhead utilities, water meters, and lines of sight for driveways, intersections and traffic signs. Note
Street Tree Policy And Procedures April 10, 2019
TP-9
damage to private property such as uplifting sidewalks, driveways, retaining walls, structural damage to a house, etc.
6.3 Possible Remedies
The Director in consultation with a certified arborist will determine the how best to proceed with tree removal being the last resort.
7.0 STREET TREE REMOVAL
7.1 Tree Removal Permit Approval Process
Except in instances requiring immediate action for the protection of life or property, the Department will obtain City Council’s approval prior to the removal of any street tree with a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees) unless the tree removal is part of a City Council-approved capital improvement project.
The Director will submit a list of proposed street tree removals to the City Council tree liaison for review and comment at least two times per year. The list will identify the tree location, reason for removal and relevant information, and data supporting each proposed removal. If the Council liaison agrees with the Department’s list, the list will be forwarded to the full City Council for action as a consent agenda item. Should the Council liaison not agree with the Department’s list, the list will be forwarded to the City Council for action as a new business item. Should the City Council not approve the tree removals, the Department will include those trees on a list of potential future removals.
Preparation of an environmental document may be required for trees proposed to be removed during the bird nesting period.
7.2 Reasons for Tree Removal
Every effort will be made to maintain the health of the City’s trees and avoid tree removal.
However, the removal of a street tree street becomes necessary due to the following as determined in consultation with a certified arborist:
• The tree is dead.
• The tree has reached an over-mature condition and is in declining health that will result in its death within the year.
• The tree is infected with a disease that cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.
• The tree has been determined to be a public health and safety hazard because of its high potential for failure due to considerable dead of dying foliage, branches, roots or trunk.
• The tree requires extensive root pruning because of excessive hardscape damage resulting in the severe reduction in its capacity to support itself and thereby creates a potential safety hazard.
• The tree due to its growth habit and location creates a safety hazard.
Street Tree Policy And Procedures April 10, 2019
TP-10
• Removal of the tree has been approved as part of a City Council-approved capital improvement project.
7.3 Invalid Reasons for Tree Removal:
The following represent invalid reasons for removal of a street tree:
• Leaf litter.
• Messy fruit or flowers.
• View obstruction (other than for safety reasons).
• Roots infiltrating into private sewer laterals.
• Power line obstruction if there is a feasible solution to move the power line, e.g., pole relocation or undergrounding conflicting lines, that has been approved by SCE.
• Hardscape uplift that can be mitigated through root pruning, ramped sidewalks, root planning, etc.
8.0 PUBLIC COMMUNICATIONS
8.1 Tree Pruning
It is important that residents/property owners are notified of regularly scheduled tree pruning within the parkway adjacent to their property. Notification by mail should be made at least 10 business days in advance of scheduled pruning.
8.2 Tree Removal
It is important that residents/property owners are notified of the upcoming removal of a street tree. Notification will be made for trees that do not pose an immediate threat to life or property and a DBH greater than 4-inches (heritage and Oak trees) or 6-inches (established trees).
Notification by mail will be made at least 10 business days in advance of scheduled pruning and mailed to the neighborhood:
a) The resident/property owner of the property site where the street tree is located (the lot).
b) The 2 properties on each side of the lot.
c) All properties adjoining the rear of the lot and each property on either side of the adjoining property(ies).
d) Extending the lot’s property line across the street, all property(ies) across the street within the parameters of the extension and the property on either side of those properties.
e) For lots at the end of a cul-de-sac street, all property(ies) adjoining the rear of the lot, each property on either side of those adjoining property(ies) and the 3 properties extending from each side of the lot.
Street Tree Policy And Procedures April 10, 2019
TP-11
Trees to be removed will be marked by signage visible from the street 10 days in advance and the marking will be referenced in the notification letters to provide clarity on the exact tree or trees scheduled for removal.
8.3 Tree Planting
It is important that residents/property owners are notified of the planned planting of a City tree within the parkway adjacent to their property. Notification will be by mail at least 10 business in advance of the tree planting. Proposed location for the street tree will be marked on the curb prior to the mailing of the letter and will be referenced in the letter to provide the resident/property owner with the opportunity to bring concerns about the location to the City’s attention.
9.0 SUPERVISION
Except in cases requiring immediate action from the protection of persons or property, the daily work of planting, pruning or removal of streets trees will not begin until the personnel performing the work is met on site by a certified arborist and the Public Works Manager or Director who will inspect the site and verify the correct tree is marked for pruning or removal.
10.0 STANDARD DETAILS
The following documents will be used to implement this policy. a) Sample notice to residents/property owners of work to be performed by Department personnel.
b) Sample notice to residents/property owners of work to be performed by city contractor.
c) Sample notice to post on tree to be removed.
d) Model specifications for tree and plant protection.
e) San Marino standard plan SM 102 Residential Sidewalk Details. f) SPPWC standard plan 518 Tree Staking.
g) SPPWC standard plan 520 Tree Planting.
City of San Marino
Parks Division
2200 Huntington Drive, San Marino, CA 91108 • Phone: (626) 300-0700 Fax: (626) 300-0709 Date
Notice of Parkway Tree Removal by Public Works Personnel Dear Neighbor:
No sooner than 14 days from the date of this letter, Parks and Public Works personnel will be removing tree(s) located in parkway near your home. This letter provides details about the City’s removal and restoration process.
Overview - The work will consist of tree removal, stump removal, disposal of all generated debris and restoration of parkway. Construction activity will occur between 7 am and 5 pm, Monday through Friday.
Tree Removal - Trees targeted for removal are noted with an orange-colored ‘X’. The trees will be generally cut to 4-inches to 6-inches above the ground. We will remove all limbs, leaves and logs at the end of each work day and dispose of them at a legal and proper disposal site. We are unable to give logs to residents.
Stump Removal and Restoration – We will ground the remaining tree stumps to a minimum depth of 12-inches.
All areas disturbed by stump removal will be restored no later than 2 weeks after stump has been removed.
Type of Tree Size Reason for Removal
If you have questions or would like more information please contact Mr. John Santillan, Parks and Grounds Foreman, (626) 300-0790 or [email protected].
On behalf of the City of San Marino Parks and Public Works Department, thank you for supporting our efforts to maintain the City’s wonderful urban forest.
Regards,
Michael Throne, PE
Parks and Public Works Director/City Engineer
City of San Marino
Parks Division
2200 Huntington Drive, San Marino, CA 91108 • Phone: (626) 300-0700 Fax: (626) 300-0709 Date
Notice of Parkway Tree Removal
Dear Neighbor:
The City of San Marino has contracted with Mariposa Landscapes Inc., to remove dead parkway trees within the City. No sooner than 14 days from the date of this letter, the contractor will be removing tree(s) located in parkway near your home. This letter provides details about the City’s removal and restoration process.
Overview - The work will consist of tree removal, stump removal, disposal of all generated debris and restoration of parkway. Construction activity will occur between 7 am and 5 pm, Monday through Friday.
Tree Removal - Trees targeted for removal are noted with an orange-colored ‘X’. The trees will be generally cut to 4-inches to 6-inches above the ground. The contractor is required to remove all limbs, leaves and logs at the end of each work day and dispose of them at a legal and proper disposal site. The contractor is unable to give logs to residents.
Stump Removal and Restoration - The contractor is required to ground the remaining tree stumps to a minimum depth of 12-inches. All areas disturbed by stump removal will be restored by Public Works personnel no later than 2 weeks after stump has been removed.
Type of Tree Size Reason for Removal
If you have questions or would like more information please contact Mr. John Santillan, Parks and Grounds Foreman, (626) 300-0790 or [email protected].
On behalf of the City of San Marino Parks and Public Works Department, thank you for supporting our efforts to maintain the City’s wonderful urban forest.
Regards,
Michael Throne, PE
Parks and Public Works Director/City Engineer
NOTICE OF
TREE REMOVAL
Estimated Removal Date ___________
The City of San Marino Parks and Public Works
Department has a policy to preserve healthy trees on
public property whenever possible and practicable.
However, if the tree is dead, diseased, causing severe
hardscape damage or is a public safety hazard,
sometimes the tree has to be removed.
It has been determined that there is no alternative
but to remove this City tree.
If you have questions or would like more information
please contact:
Mr. John Santillan, Parks and Grounds Foreman
(626) 300-0790
[email protected]
Model Tree and Plant Protection Specification
Issued: 10-26-2018 1
MODEL SPECIFICATIONS
FOR
TREE AND PLANT PROTECTION
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The provisions below shall supplement but not replace those provisions in Section 7-9 of the Standard Specifications.
7-9.1 Temporary Tree and Plant Protection
7-9.1.1 References
A. ANSI A300 “American National Standard for Tree Care Operations - Tree, Shrub, and Other Woody Plant Management - Standard Practices:”
1. Part 1 – Pruning.
2. Part 5 – Management of Trees and Shrubs During Site Planning, Site Development, and Construction.
B. American Public Works Association. “Tree Protection & Preservation.” C. BNi Publications. “Standard Specifications for Public Works Construction (The “Greenbook”).”
D. BNi Publications. “Standard Plans for Public Works Construction (SPPWC).” E. City of San Marino. “Standard Plans.”
7-9.1.2 Definitions
A. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs or other vegetation to be protected during construction as indicated.
B. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction and defined by a circle concentric with each tree with a radius 1.5 times diameter in inches of tree trunk measured 4.5-ft. above ground with a minimum radius of 6-ft. unless otherwise indicated on Drawings.
1. Example: 3-in. diameter tree x 1.5 = 4.5-ft. Use 6-ft. radius.
2. Example: 12-in. diameter tree x 1.5 = 18-ft. Use 18-ft. radius.
C. Vegetation: Trees, shrubs, groundcovers, grass, turf and other plants. 7-9.1.3 Informational Submittals
A. Existing Conditions: Document existing trees and plantings indicated to remain to establish preconstruction conditions.
1. Use sufficiently detailed photographs.
Model Tree and Plant Protection Specification
Issued: 10-26-2018 2
2. Include plans and notations to indicate specific wounds and damage conditions of each tree or plant designated to remain.
7-9.1.4 Project Conditions
A. Following practices are prohibited within protection zones:
1. Storage of construction materials, debris or excavated material.
2. Parking of vehicles or equipment.
3. Foot traffic.
4. Erection of sheds or structures.
5. Impoundment of water.
6. Excavation or other digging unless otherwise indicated.
7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated.
B. Do not direct vehicle or equipment exhaust toward protected zones.
C. Prohibit heat sources, flames, ignition sources and smoking within or near protection zones and organic mulch.
D. Maintain protection-zones throughout all construction phases. 7-9.1.5 Materials
A. Topsoil:
1. Use natural or cultivated top layer of soil surface, reasonably free of subsoil, clay lumps, gravel and other objects 1/2-in. in diameter and free of weeds, roots and topic and other non-soil materials.
2. Obtain topsoil from Project site.
B. Organic Mulch:
1. Ground or shredded bark.
2. 3-in. maximum, 1/2-in. minimum.
3. Preferably use healthy plant material from Project site.
C. Protection-Zone Fencing:
1. Fix in position as directed by Engineer.
2. Plastic Protection-Zone Fencing:
a. Plastic construction fencing manufactured of high-density extruded and stretched polyethylene fabric with 2-in. maximum opening pattern. b. Secure with plastic bands or galvanized steel wire ties. c. Support fence with tubular or T-shape galvanized steel posts spaced no more than 8-ft. apart.
1) Height: 4-ft.
2) Color: Nonfading, high-visibility orange.
D. Plywood Wood for Protection-Zone Vehicle Crossing: 3/4-in. thick exterior grade plywood veneer sheathing.
E. Signage: Post highly visible signs on fencing demarking “Tree Protection Zone.”
Model Tree and Plant Protection Specification
Issued: 10-26-2018 3
7-9.1.6 Examination
A. Erosion and Sedimentation Control:
1. Verify temporary erosion and sedimentation controls are in place.
2. Verify flows of water redirected from construction areas or generated by construction activity do not enter or cross protected zones.
B. Coordinate with 7-8.6.3.
7-9.1.7 Preparation
A. Locate and clearly identify trees, shrubs and other vegetation to remain or be relocated.
1. Tie 1-in. blue-vinyl tape around each tree at 54-in. above ground.
B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing or storing construction materials. 7-9.1.8 Tree and Plant-Protection Zones
A. Protection-Zone:
1. Mulch areas inside tree protection-zones as indicated.
2. Apply 4-in. average thickness of organic mulch.
3. Do not place mulch within 6-in. of tree truck.
B. Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before materials or equipment are brought on site and construction operations begins. Keep fence tight and neat.
C. Signage: Install in visibly prominent locations at 20-ft. spacing with no fewer than 4 signs facing different directions.
D. Maintain protection zones free of weeds and trash.
E. Vehicle Crossing of Protection Zone: Lay down plywood over root zone to distribute weight of construction vehicle if access is required through protection zone. 12-in. to 18-in. thick mulch may be substituted for plywood.
F. Repair or replace trees, shrubs and other vegetation indicated to remain damaged by construction operations.
7-9.1.9 Excavation
A. Excavate at edge of protection zones and for trenches indicated within protection zones in accordance with this Article.
B. Review required trenching through protection zones with Engineer prior to starting Work.
C. Trenching Near Trees:
1. Where utility trenches or other excavations are required within protection zones, hand excavate under or around tree roots or tunnel under roots.
Model Tree and Plant Protection Specification
Issued: 10-26-2018 4
2. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with utility installation.
D. Redirect roots in backfill areas where practicable. If large, main lateral roots are encountered expose roots beyond excavation limits as required to bend and redirect them without breaking.
E. Exposed Roots: Do not allow exposed roots to dry out before placed permanent backfill.
1. Provide temporary earth cover or pack with peat moss and wrap with burlap.
2. Water to maintain in moist condition.
3. Temporarily support and protect roots from damage until roots are permanently relocated and covered with soil.
7-9.1.10 Root Pruning
A. Prune roots up to 1-in. in diameter affected by temporary and permanent construction by hand per ANSI A300 Part 1.
1. Cut roots manually by digging a trench and cutting exposed roots with sharp pruning instruments. Do not break, tear, chop or make slant cuts.
2. Temporarily support and protect roots from damage until roots are permanently redirected and covered by soil.
3. Cover exposed roots with burlap and water regularly.
4. Coordinate backfilling with SPPWC 300-2.
5. Coordinate work with Standard Plan SM 102.
B. Work around and/or under roots greater than 1-in. in diameter. Direct request to remove roots greater than 1-in. in diameter to Engineer for approval. 7-9.1.11 Crown Pruning
A. Prune branches to compensate for root loss per ANSI A300 Part 1.
1. Do not remove major branches that provide balance and shape. Tie up branches required to remain.
2. Prune with sharp tools.
3. Do not apply pruning paint to wounds.
B. Chip removed branches of healthy plants and dispose of on-site at locations identified by Engineer.
7-9.1.12 Regrading
A. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade beyond protection zone. Maintain existing grades within protection zone.
B. Lowering Grade within Protection Zone: Where new finish grade is indicated below existing grade around trees, slope grade away from away from tree.
C. Root Pruning:
1. Prune tree roots exposed by lowering grade.
2. Do not cut main lateral roots or taproots.
Model Tree and Plant Protection Specification
Issued: 10-26-2018 5
3. Cut only smaller roots and as required for root pruning.
4. Coordinate with 7-9.1.10.
D. Raising Grade: Where new finish grade is indicated above existing grade around tree, slope grade beyond protection zone.
7-9.1.13 Repair and Replacement
A. General: Repair or replace trees, shrubs and other vegetation damaged by construction operations within 1 working day.
B. Trees: Remove and replace trees indicated to remain that are more than 25-percent dead or in unhealthy condition damaged by construction operations.
1. Provide new trees of same size and species.
C. Soil Aeration: Aerate surface soil compacted during construction 10-ft. beyond dripline and no closer than 3-ft. from tree trunk.
7-9.1.14 Disposal of Surplus and Waste Materials
A. Remove excess excavated material, trash and debris generated by Work in this Article.
B. At Project closeout, neatly roll-up protection-zone fencing and bundle posts and deliver to Owner.
7-9.2 Payment
A. All costs for protecting, removing and restoring existing improvements shall be included in Bid.
CITY OF SAN MARINO PARKS & PUBLIC WORKS DEPARTMENT
RESIDENTIAL SIDEWALK DETAILS
2200 HUNTINGTON DR
SAN MARINO CALIFORNIA USA
JAN 2018 REV AUG 2018 USE WITH STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION STANDARD PLAN SM 102
SHEET 1 OF 1
TYPICAL SECTION
Tree
Protection
Zone.
OG.
NOTES
1. Removal of root 1" or greater in diameter within Tree Protection Zone requires approval of City Arborist.
2. Stamped or textured concrete requires approval of City Engineer.
Compact Native Subbase
Material Underneath
Sidewalk to 90% Relative
Compaction.
TYPICAL SCORELINE DETAIL
For Other Cases, Match Adjacent Scoring.
5' Sidewalk (Typ.)
Varies
(0' Typ.)
Parkway
Varies.
Exist. Curb
and Gutter.
4" thick (Typ.)
6" thick at Driveway Aprons.
Concrete Class 520-C-2500
with Sand Finish, Fawn Color.
Exist.
Tree Root.
12"
12" R/W Line.
2%
1" Min. 5' Typ.
30" Typ. 30" Typ.
Exist.
Sidewalk. C Sidewalk. L
New
Sidewalk.
Tooled Weakened
Plane Jts. (Scorelines). LastRev: 8/8/2018 4:07 PM Filename: \\SM-FILE\RedirectedFolders\MThrone\Documents\AutoCAD LT Training Drawings\Standard Drawings\SM 102 Sidewalk.dwg
STANDARD IS MODIFIED - SEE STREET TREE POLICY Page 326 of 348 STANDARD IS MODIFIED - SEE STREET TREE POLICY Page 327 of 348
NOT USED
STANDARD IS MODIFIED - SEE STREET TREE POLICY Page 328 of 348 STANDARD IS MODIFIED - SEE STREET TREE POLICY Page 329 of 348 STANDARD IS MODIFIED - SEE STREET TREE POLICY Page 330 of 348 STANDARD IS MODIFIED - SEE STREET TREE POLICY Page 331 of 348 STANDARD IS MODIFIED - SEE STREET TREE POLICY Page 332 of 348
City of San Marino
Office of the City Engineer
Parks and Public Works Department
2200 Huntington Drive, San Marino, California 91108
(626) 300-0765
[email protected]
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
• Efficient, Responsive, and Effective City Services
• Safe Community
• Fiscally Responsible and Transparent City Government
BACKGROUND
The City of San Marino has implemented a mandated vaccination program for city employees.
The San Marino Police Officers Association has stated that up to eleven sworn employees may not receive the vaccine. If eleven officers choose to separate from the City, there will be a significant impact on delivery of services to the community including traffic safety programs, response time, and community engagement. The remaining officers within the department could not staff the necessary assignments on all four patrol teams and detectives.
Hiring a new police officer is a labor intensive and time consuming process. The department currently places job openings on the City website and through NEOGOV postings. We are in the process of adding Glassdoor and California Police Officers Association; other hiring platforms are also being considered. Our recruitment sergeant and other officers attend job fairs, police academy open house events, and all department employees recruit potential candidates. The department will continue to recruit, hire, and train personnel to replace those sworn members who have left the department as quickly as possible.
The recruitment, hiring, and training process can take up to 30 months to complete for those with no law enforcement experience. The process involving lateral officers (those who are currently working for another agency) and possessing a Police Officers Standards and Training Basic certificate would be considerably less, but competition for these candidates is fierce. Since the time frame of hiring and completion of field training is between eight to 30 months, the department will not have the ability to fill eleven vacancies prior to the implementation of the vaccine mandate for members of the San Marino Police Officers Association.
TO: Mayor and City Council
FROM: Marcella Marlowe, Ph.D., City Manager
BY: John Incontro, Chief of Police
DATE: February 25, 2022
SUBJECT: APPROVAL OF A TEMPORARY CONTRACT HIRING PROGRAM
FOR THE POLICE DEPARTMENT
Susan Jakubowski, Mayor
Steve Talt, Vice Mayor
Steven W. Huang, DDS, Council Member
Gretchen Shepherd Romey, Council Member
Ken Ude, Council Member
Hiring and training 11 new sworn employees could easily take between 24 and 36 months. A solution for the interim period is critical.
DISCUSSION
The San Marino Police Department researched several options to provide police services to the community with the remaining 14 sworn employees. The initial idea was having the officers work multiple overtime shifts every week. Since that would involve working a number of shifts throughout the week and the 24 hour work day, this option would have a negative effect on the sworn employees’ health, safety, and morale.
Two other options included contracting with the Los Angeles Sheriff’s Department (LASD) or hiring individual sworn officers from other agencies as individual contract sworn employees.
Neither of those two options were determined to be acceptable due to LASD staffing issues and the significant liability of hiring individuals outside sworn officers. The liability issues included the City’s responsibility for injuries incurred by the outside officers and other risk management concerns.
The Department has determined that creating a contract hiring program with other Los Angeles County Police Agencies will provide the city with sufficient police services during the time required to hire new sworn employees. Only agencies with the same 830.1 Penal Code, Peace Officer status will be allowed to participate in this program.
The best solution for the personnel issue is for the contract police agencies to provide a patrol sergeant, corporal, and two officers every day to handle police services in the City. Those contract police officers will work Sunday through Saturday, 6:00PM to 6:20AM. A San Marino Police Sergeant will act as the Watch Commander and liaison with the contract agency. This will ensure that proper notifications will be made to department command staff and any procedural or logistical support is available. All of the contract police agencies will only provide personnel who meet our vaccine policy.
If the loss of personnel is less than anticipated less contract sworn agencies personnel will be needed. This decrease will reduce the total cost of the program.
FISCAL IMPACT & PROCUREMENT REVIEW
To ensure adequate staffing from outside contract police agencies, each sworn person will be paid based on the top step for each rank and at a time and a half rate but without benefits. The City will be responsible for paying court overtime when one of these employees receive a subpoena to appear in court. The tables below provides the approximate cost differential between contracting from outside police agencies compared to City staff.
Table 1 - Proposed Agreement Costs provides costs based on two Police Officers, a Corporal, and a Sergeant paid at a time and in half. This group will provide night shift coverage for 12.33 hours and one hour of travel time, per the agreement. The annual cost is approximately $1,478,726.
Table 2 – Current Employees with Full Benefits are costs based on City staff providing the Night Shift coverage for 12.33 hours and their full benefits. The annual cost is approximately $1,298,345.
The anticipated increase in annual cost to the General Fund, if the City Council approves the proposed agreement would be $180,381. There could be additional costs such as potential overtime, administrative hearings, or criminal hearings that is not included in the cost comparison as those items are difficult to forecast.
LEGAL REVIEW
Attached with this report is a contract developed with the assistance of the City Attorney to provide to the contract police agencies. The second attachment is an introduction letter to all potential contract police agencies explaining the nature of our request for assistance. The City Attorney’s office has reviewed and approved as to form.
If the program is approved by the City Council, the City Manager will have the authority to enter into the contracts, each not to exceed $130,000 monthly in substantially the form attached, subject to City Attorney review. (This figure exceeds the $123,227 monthly salary reimbursement due to the potential for overtime, administrative, or criminal hearings.)
RECOMMENDATION
Staff recommends the Council approve the Temporary Contract Police Hiring Program as a method to continue policing services following the potential separation of employees for failing to follow City rules. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
Table 1 - Proposed Agreement Costs
Travel Time Total Cost
Hrly Rate Hrly Rate Night Shift Per Total Cost Per Month Total Cost Position (Pos) # of Pos (Step E) Time 1/2 Hours Agreement per day @ 30 days * Per Year Police Officer 2 $ 47.70 $ 71.55 12.33 1.00 1,907.52 $ $ 57,225.69 $ 686,708.28 Corporal 1 $ 50.10 $ 75.15 12.33 1.00 1,001.75 $ $ 30,052.49 $ 360,629.82 Sergeant 1 $ 59.93 $ 89.90 12.33 1.00 1,198.30 $ $ 35,949.01 $ 431,388.13 $ 4,107.57 $ 123,227.19 $ 1,478,726.23
Table 2 - Current Employees with Full Benefits
Hourly Rate Monthly Total Cost
Hourly Rate FICA Monthly Med/Life/Disb Per Month Total Cost Position (Pos) # of Pos (Step E) (Medicare) Pension Benefit @ 30 days * Per Year Police Officer 2 $ 47.70 $ 0.69 $ 7,937 $ 1,519 $ 54,712.70 $ 656,552.43 Corporal 1 $ 50.10 $ 0.73 $ 4,168 $ 1,519 $ 24,488.02 $ 293,856.29 Sergeant 1 $ 59.93 $ 0.87 $ 4,986 $ 1,519 $ 28,994.72 $ 347,936.65 $ 108,195.45 $ 1,298,345.36
“I move to approve the Temporary Contract Police Hiring Program for the next three years and allocate funding from General Fund Reserves each month as needed, not to exceed $130,000 with approval by the City Manager following approval by the City Attorney.”
ATTACHMENTS
1. Draft Contract
2. Introduction Letter
Chief John Doe
Blank Police Department
1234 Main Street
Anywhere, CA 90000
Dear Chief Doe,
The San Marino Police Department anticipates implementing a mandated COVID vaccine policy. The policy is expected to result in the loss of as many as eleven police officers, which will cause a significant personnel shortage. This possible result will cause the City of San Marino Police Department to contract with other agencies within Los Angeles County to provide supplemental law enforcement services. It is anticipated that this program will begin on or about April 1, 2022 and continue until such time the department is adequately staffed to return to normal deployment.
The Department proposes to have outside law enforcement agencies provide policing services, each day from 1800-0600 Monday through Sunday. Each contract agency will provide a sergeant and three police officers/corporals. This team will be assisted by a San Marino Police Department sergeant acting as the watch commander. That watch commander will be a source of information and will assist with any issues during the tour of duty. The contract agency’s sergeant will provide the direction and supervision of its team of officers/corporals. Only contract agency personnel who meet the current Los Angeles County Department of Public Health Department’s definition for COVID-19 fully vaccinated may be assigned to provide these services.
Each contract agency will provide police services, including patrol, and other standard policing services as part of this contract. Personnel from these agencies shall possess a valid Police Officer Standards and Training Basic Post certificate. All arrests, preliminary investigations, traffic citations and other records will be provided to the department and processed as needed. Contract agencies shall utilize their own CAD/RMS systems for the completion of these duties. The department will assist with this process.
The contract agency will conduct all personnel investigations of misconduct, vehicle pursuits, use of force investigations and other risk management activities of their personnel. Lethal force investigations shall be conducted by the contract agency or the Los Angeles County Sheriff‘s Department. The contract agency will adjudicate each incident and provide the department with that information.
As indicated in the contract, all workers compensation claims and injuries shall be the responsibility of the contract agency. The contract agency is the sole employer for purposes of all employment compensation and benefits.
The department anticipates initiating this deployment of contract agencies, on or about March 25, 2022.
We appreciate any assistance you are able to provide the department due to this potential personnel loss. Any questions concerning this request can be directed to Chief John Incontro, at 1 (626) 300- 0721.
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AGREEMENT NO. ________
FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES
(Parties: City of San Marino and City of BLANK)
This Agreement for Supplemental Law Enforcement Services (“Agreement”), entered by and between the City of San Marino, a California municipal corporation (“San Marino”) and the City of BLANK, a California municipal corporation (“BLANK”), is made with reference to the following:
RECITALS
WHEREAS, San Marino is desirous of contracting with BLANK for the performance of temporary and supplemental law enforcement functions relating to law enforcement operations, including response to patrol operations and other duties as needed in the City of San Marino; and
WHEREAS, BLANK is agreeable to rendering such services on the terms and conditions set forth in this Agreement; and
WHEREAS, the BLANK City Council has approved the execution of this Agreement at a regular meeting.
NOW THEREFORE, in consideration of mutual covenants contained herein, and for good and valuable consideration, the parties mutually agree as follows:
1. Term.
This Agreement shall have a term (“Term”) that begins on the Execution Date and shall remain in effect through February 1, 2023, unless sooner terminated or extended in whole or in part as provided herein.
2. Scope of Services.
2.1 BLANK agrees, through its Police Department, to provide supplemental law enforcement services to San Marino for patrol operations as requested by San Marino per California Penal Code 830.1. The amount and type of supplemental law enforcement services provided by BLANK to San Marino for any specific time period shall be subject to availability as determined by BLANK in its sole and absolute discretion. San Marino acknowledges, understands and
agrees that BLANK may decline to provide supplemental law enforcement services based on such determinations of availability. San Marino shall notify BLANK in writing of its anticipated supplemental law enforcement needs for a specific time period at least thirty (30) calendar day prior to the date of the Event.
Thereafter, BLANK will notify San Marino indicating the amount and type of supplemental law enforcement services BLANK will provide for the time period along with any other parameters established by the BLANK Chief of Police.
BLANK shall be under no obligation to consider requests for services that have not been requested by San Marino in a timely manner. Notices provided to BLANK indicating the type and amount of supplemental services that will be provided by BLANK for a specific event must be signed by the Chief of Police in order to be valid and binding on BLANK.
2.2 San Marino hereby grants to BLANK and its personnel the right to transmit and broadcast communications to the San Marino Police Department’s units via the San Marino Police Department’s primary dispatch frequency and/or any other law enforcement frequency for which San Marino is licensed by the Federal Communications Commission.
2.3 Under no circumstances shall BLANK’s inability or failure to provide supplemental law enforcement services because of an emergency, disaster, or other incident constitute a breach of this Agreement.
2.4 BLANK shall furnish and supply all necessary labor, supervision, personnel, equipment, communications, fuel, and supplies necessary to provide supplemental law enforcement services for major events. Notwithstanding the foregoing, the services performed by BLANK, the discipline of BLANK officers, and other matters incident to the performance of services, including the control of personnel so employed shall remain with BLANK and shall be performed pursuant to BLANK’s Police Department’s policies and procedures.
2.5 All services shall be performed to the satisfaction of San Marino.
3. Personnel.
The classification, approximate numbers of personnel and number of hours shall be determined and mutually agreed up by the Parties prior to the provision of the requested supplemental law enforcement services. In general BLANK shall provide a sergeant and three police officers. BLANK’s sergeant shall be responsible for directing all activities of BLANK’s officers and for personally supervising the services.
In the performance of services, BLANK shall assign only personnel who are qualified to perform the services. BLANK shall not assign any personnel who has not been confirmed by BLANK to be fully vaccinated against COVID-19. BLANK shall not assign any personnel who is the subject of a pending internal affairs investigation or have received notice of proposed disciplinary action. If the quality of the services by personnel assigned by BLANK is unacceptable to San Marino, BLANK agrees to assign replacement personnel upon San Marino’s request.
4. Compensation.
San Marino will compensate BLANK for the services performed in an amount not to exceed XXXX during the Term of this Agreement, and at the hourly billing rates set forth below:
In addition to the services performed, San Marino will compensate BLANK a maximum of one hour travel time for each BLANK employee’s shift.
Police Officer $76.08
Corporal $84.41
Sergeant $99.43
5. Administration of Personnel.
San Marino shall not be liable or legally responsible for the direct payment to any of BLANK’s personnel for salaries, wages, or other compensation for services performed pursuant to this Agreement or for any claims made by BLANK’s personnel for personal injuries, including but not limited to Workers' Compensation claims or benefits, arising in connection with services rendered pursuant to this Agreement. All BLANK employees who work in conjunction with the San Marino pursuant to this Agreement shall remain employees of BLANK and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the San Marino based on this Agreement. No BLANK employees shall become employees of San Marino.
6. Maximum Cost.
The maximum cost for BLANK’s supplemental law enforcement services shall not exceed XXX during the term of this Agreement.
7. Independent Contractor
BLANK is an independent contractor and not an agent or employee of San Marino. In performing this Agreement, the parties are not the agents, employees, partners, joint venturers or associates of one another. BLANK shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of San Marino.
BLANK shall perform all services required herein as an independent contractor of San Marino and shall remain at all times as to San Marino a wholly independent contractor.
BLANK shall pay all payroll taxes imposed by any governmental entity and will pay all other federal, state, or local taxes not specifically identified in this Agreement as San Marino’s responsibility. BLANK is not entitled to any benefits that San Marino provides to its employees including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits.
In the event that BLANK or any employee, agent, or subcontractor of BLANK providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment and/or service credit in CalPERS as an employee of San Marino, BLANK shall indemnify, defend, and hold San Marino harmless for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of BLANK or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of San Marino.
8. Subcontracting.
No subcontracting or subconsulting of any portion of the services shall be made by BLANK without prior written notice and approval by San Marino, and any attempt to do so shall be void and have no effect.
9. Indemnification.
9.1 San Marino Indemnification and Hold Harmless
To the fullest extent permitted by law, San Marino shall indemnify, defend, and hold harmless BLANK, its governing body, its elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the San Marino’s acts and/or omissions arising from and/or relating to this Agreement.
9.2 BLANK Indemnification and Hold Harmless
To the fullest extent permitted by law, BLANK shall indemnify, defend, and hold harmless San Marino, its governing body, its elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including
attorney and expert witness fees), arising from or connected with BLANK’s acts and/or omissions arising from and/or relating to this Agreement. This includes any and all liability relating to employment rights and benefits.
9.3 Limitation
The Indemnification and Hold Harmless provisions above shall be limited in duration to the Term of this Agreement. However, each entity's obligation to indemnify, defend, and hold harmless shall apply to any and all injuries, losses, or damages which occur or accrue during the date(s) of the special event, but which are reported after this Agreement's ending date.
10. Invoices.
BLANK shall submit an invoice to San Marino, on a monthly basis, for the services provided pursuant to this Agreement. Each invoice shall itemize the services rendered and the amount due in accordance with Section 4 (Compensation). San Marino will pay any undisputed amount within thirty (30) calendar days from the date BLANK’s invoice. The invoice and payment shall each be delivered pursuant to the Notice requirements in Section 11.
11. Notice.
All notices, invoices, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
All notices, demands, requests or approvals to San Marino:
City of San Marino Finance Department
Attention: Paul Chung, Finance Director
2200 Huntington Drive
San Marino, California 91108-2639
All notices, demands, requests or approvals to BLANK:
City of BLANK Police Department
Attention: Chief of Police
Blank
BLANK, CA 91750
12. Integrated Contract.
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or
nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by BLANK and San Marino, and approved as to form by the City Attorneys for both cities.
13. Insurance.
Prior to commencing the Services, each party must provide the other party with a letter of self-insurance.
14. Waiver.
A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
15. Default and Termination.
15.1 Failure to Perform
If BLANK fails or refuses to perform any of the provisions of this Agreement, San Marino may immediately terminate this Agreement by written notice to San Marino.
15.2 Option to Terminate for Convenience
A Party to this Agreement may, at its sole discretion and without cause, terminate this Agreement for convenience by giving ten (10) calendar days’ prior written notice to the other Party. Upon termination of this Agreement, San Marino will pay BLANK any compensation earned and unpaid up to the effective date of termination.
16. Governing Law.
This Agreement will be interpreted and governed according to the laws of the State of California.
17. Venue and Jurisdiction.
BLANK and San Marino agree that the Services will take place in Los Angeles County.
Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, as appropriate. The parties agree that venue exists in either court, and each party
expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
18. Survival of Provisions and Obligations.
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
(SIGNATURES ON NEXT PAGE)
This Agreement may be signed in counterpart by each party.
DATED: CITY OF BLANK, a Municipal Corporation
By: ___________________________________
Blank
City Manager
Date: ___________________________________
APPROVED AS TO FORM:
By: _________________________________
City Attorney, City of BLANK
DATED: CITY OF SAN MARINO, a Municipal Corporation
By: __________________________________
Marcella Marlowe
City Manager
Date: __________________________________
APPROVED AS TO FORM:
By: _________________________________
City Attorney, City of San Marino