Sonoma City Council
December 7, 2022

Appendix A. Rate Schedule
Sonoma On Call LA Services
ABLA Team Hourly Rates 2022
ann baker landscape architecture
Principal $190
Senior Associate $150
These rates may be increased by up to 3% per year affective 1 year after contract start date.

Schedule of Reimbursable Expenses:

Auto Transportation per IRS rate
Deliveries/Courier Billed at Cost
Drawing Plots Billled at Cost
Drawing Reproductions Billed at Cost
Panoramic Design Group
Principal $190
Senior Associate $150
Agenda Item #6.6:

Appendix B. Proof of Insurance
ABLA maintains the following insurance:

1. General Liability Insurance with Hartford Insurance with limits of 2 million per occurrence, certificate on the following page.

2. E & O Insurance with XL America Inc. with limits of 1 million per occurence 2 million aggregate per year and has requested an increase to 2 million per occurence. Certificate will be provided upon receipt.

3. Automobile Insurance with State Farm Insurance for 1 million per accident for bodily injury and property damage, certificate on a following page.

ABLA shall provide insurance accords/binders upon request.

Sincerely,
Ann Baker, Principal
Ann Baker Landscape Architecture
Agenda Item #6.6:

Appendix B. Proof of Insurance

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

CERTIFICATE HOLDER
HIRED

AUTOS ONLY
11/9/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team
[email protected]
License#: 6003745 XL Specialty Insurance Company 37885
ANNBAKE-02 Sentinel Insurance Company 11000
Ann Baker Landscape Architecture
625 2nd Street, Suite 110
Petaluma CA 94952
1269092128
B X 1,000,000
X 1,000,000
X Contractual Liab 10,000
Included 1,000,000
2,000,000
X
57SBWBN3280 2/11/2022 2/11/2023
2,000,000
B 1,000,000
X X
57SBWBN3280 2/11/2022 2/11/2023
A Professional Liability DPS9989563 2/11/2022 2/11/2023 Per Claim Aggregate Limit $1,000,000
$2,000,000
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

FOR PROPOSAL PURPOSES ONLY
30 Day Notice of Cancellation
***SPECIMEN***
Agenda Item #6.6:

Appendix B. Proof of Insurance
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Agenda Item #6.6:

Appendix C. Statement on Indemnification, in the
Standard Agreement
ABLA proposes to amend the Indemnification statement in Paragraph 11 as follows:

Consultant agrees to accept responsibility for loss or damage to any person or entity, including City of Sonoma and to indemnify, but not defend City of Sonoma its officers, and employees, from and against any liability for damages by any person or entity, but only to the extent actually caused by the negligence, recklessness, or willful misconduct of Consultant or its agents, employees, contractors, subcontractors, or invitees hereunder, whether or not there is concurrent or contributory negligence on City of Sonoma’s part, but, to the extent required by law, excluding liability due to City of Sonoma’s or any third party’s negligent conduct. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Consultant or its agents under workers’ compensation acts, disability benefits acts, or other employee benefit acts.

ABLA can also propose the following alternatives:

Option #1 Consultant has no obligation to pay for any of the indemnitees’ defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.

Option #2 Notwithstanding any contrary provision herein, it is hereby agreed that the Consultant’s obligation to defend or to pay the defense costs of the indemnitees shall only apply if and when and to the extent that a court or other forum of competent jurisdiction has determined the percentage of Consultant’s fault for the liability alleged in which case Consultant shall be obligated to pay the amount equal to the percentage of its fault that has been actually determined.

Agenda Item #6.6:

Additional Examples of Completed Work

1. Sleepy Hollow Fire Protection District Drawing Set: From Concept to Permit Drawings

2. Sonoma Water Maintenance Manual
Agenda Item #6.6:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Dec 2022
Department
Public Works
Staff Contact
Oriana Hart, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute a Contract in the Amount of $29,409.85 with A Plus Tree Care and Sustainability Tree Company to Provide Tree Maintenance and Removal at the City of Sonoma Field of Dreams Park Summary
Sonoma Valley Field of Dreams is a community partner providing access to athletic facilities for baseball, softball, soccer, football, and lacrosse. In addition, open space is used for outdoor events, fitness groups, sports camp. Under the current agreement with the City of Sonoma, the Sonoma Valley Field of Dreams non-profit receives funding for routine maintenance of the field and facilities located at 151 1st St West. In recent years there has been an accumulation of large projects that exceeded the maintenance funds provide for everyday expenses incurred while leasing the Field of Dreams grounds.

The Sonoma Valley Field of Dreams organization is a non-profit organization and does not have the mechanisms in place to contract with larger subcontractors who hold the necessary licensures and insurance to conduct work for the City of Sonoma. The City solicited bids for the major tree maintenance work necessary at the Field of Dreams and in conjunction with the Sonoma Valley Field of Dreams organization has selected the lowest price bidder, A Plus Tree Care and Sustainability Tree Company to perform the tree maintenance work.

A Plus Tree Care and Sustainability Tree Company will prune a total of 61 Sycamore trees, 37 Ash trees, 6 Oak trees and 3 Redwoods as well as take down/remove six additional dead trees.

The tree work includes large dead wood removal, crown elevation, crown thinning, and reduction where needed for weight and clearance. In addition, they will chip the wood removed, clean up, and haul away the woodchips.

Staff is requesting City Council to authorize the Interim City Manager to execute a contract in the amount of $29,409.85 with A Plus Tree Care and Sustainability Tree Company to provide tree maintenance and removal at the City of Sonoma Field of Dreams park.

Recommended Council Action
Authorize the Interim City Manager to execute a contract in the amount of $29,409.85 with A Plus Tree Care and Sustainability Tree Company to provide tree maintenance and removal at the City of Sonoma Field of Dreams park.

Alternative Actions
Council discretion.

Financial Impact
Agenda Item #6.7:

The contract with A Plus Tree Care and Sustainability Tree Company is for $29,409.85. The Sonoma City Council approved $35,000 for the Field of Dreams deferred maintenance work with the FY 22/23 budget. The funding for this project is included in GL 100-43023-404- 60404.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Field of Dream Tree Maitenance Contract
Attachment A -City of Sonoma Field of Dreams Tree Work APlus Contract Agenda Item #6.7:

RESOLUTION NO. ___- 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT

WITH A PLUS TREE CARE AND SUSTAINABILITY TREE COMPANY IN THE AMOUNT OF $29,409.85 TO PROVIDE TREE MAINTENANCE AND
REMOVAL AT THE CITY OF SONOMA FIELD OF DREAMS PARK.

WHEREAS, the Field of Dreams Park is owned by the City of Sonoma; and WHEREAS, the Sonoma Valley Field of Dreams volunteer organization leases the Fields from the City and operates the park; and
WHEREAS, a lack of tree maintenance work has built up over the past years and this deferred maintenance is in excess of the amount allocated to the Sonoma Valley Field of Dreams organization for maintenance operations at the park; and WHEREAS, the Sonoma Valley Field of Dreams organization is a non-profit organization and does not have the mechanisms in place to contract with larger subcontractors who hold the necessary licensures and insurance to conduct work for the City of Sonoma; and
WHEREAS, the City of Sonoma has solicited pricing from three different tree maintenance companies for this deferred maintenance work; and WHEREAS, the City in conjunction with the Sonoma Valley Field of Dreams, has selected the lowest price bidder and drafted a contract with A Plus Tree Care and Sustainability Tree Company to conduct the needed deferred tree maintenance.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the Interim City Manager to execute a contract with A Plus Tree Care and Sustainability Tree Company to provide tree services at the City of Sonoma’s Field of Dreams Park in the amount of $29,409.85.

ADOPTED this 7th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
________________________________
Jack Ding, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #6.7:

Professional Service Agreement, City of Sonoma

CITY OF SONOMA

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the ____ day of _____________, 20__, by and between the CITY OF SONOMA herein called the “City,” and A+ Tree Care herein called the “Contractor.” Recitals
WHEREAS, City desires to obtain services listed in Exhibit B; and WHEREAS, Contractor hereby warrants to the City that Contractor is skilled and able to provide such services described in Section 1 of this Agreement; and
WHEREAS, City desires to retain Contractor pursuant to this Agreement to provide the services described in Section 1 of this Agreement.

Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Scope of Services. Subject to such policy direction and approvals as the City through its staff may determine from time to time, Contractor shall perform the services set out in the pricing proposal provided by the Contractor and which is incorporated herein by reference.

2. Time of Performance. The services of Contractor are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Contractor shall begin to perform its services not later than January 1, 2023 and be completed not later than March 1, 2023. Any changes to these dates must be approved in writing by the City Manager or his or her representatives.

3. Standard of Quality. City relies upon the professional ability of Contractor as a material inducement to entering into this Agreement. All work performed by Contractor under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily expected of competent professionals in Contractor’s field of expertise. Contractor shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Contractor fails to make such correction in a timely manner, City may make the correction and charge the cost thereof to Contractor.

4. Compensation and Method of Payment.

A. Compensation. The compensation to be paid to Contractor, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules more particularly described in Exhibit B, in accordance with the terms and conditions included therein. However, in no event shall the amount City pays to Contractor exceed Twenty Nine Four Hundred and Nine 85/100 Dollars ($29,409.85). City’s obligation to pay compensation to Contractor as provided herein is contingent upon Contractor’s compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

B. Timing of Payment. Billing and payment for said services shall be as set forth in Exhibit A, Agenda Item #6.7:

Professional Service Agreement, City of Sonoma
attached hereto and incorporated herein.

C. Changes in Compensation. Contractor will not undertake any work that will incur costs in excess of the amount of set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Contractor. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Contractor shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Contractor to secure City’s written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization.

D. Taxes. Contractor shall pay all taxes, assessments, and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Contractor.

E. No Overtime or Premium Pay. Contractor shall receive no premium or enhanced payment for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during nonstandard business hours, such as in the evenings or on weekends. Contractor shall not receive a premium or enhanced payment for work performed on a recognized holiday.

F. Litigation Support. Contractor agrees to testify at City’s request if litigation is brought against City in connection with Contractor’s work product. Unless the action is brought by Contractor or is based upon Contractor’s negligence, City will compensate Contractor for the preparation and the testimony at Contractor’s standard hourly rates, if requested by City and not part of the litigation brought by City against Contractor.

5. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain the services of Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill the requirement of this Agreement.

6. Ownership of Documents. Title, including the copyright and all intellectual property rights, all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared, or obtained by the Contractor under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Contractor shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Contractor may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law.

7. Employment of Other Contractors, Specialists, or Experts. Contractor will not employ or otherwise incur an obligation to pay other Contractors, specialists, or experts for services in connection with this Agreement without the prior written approval of the City.

8. Conflict of Interest.

A. Contractor (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this contract. Contractor agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement.

Agenda Item #6.7:

Professional Service Agreement, City of Sonoma

9. Interest of Members and Employees of City. No member of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects his/her personal interests or the interest of any corporation, partnership, or association in which he/she is directly or indirectly interested.

10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee, or agent of the City shall be personally liable to Contractor or otherwise in the event of any default or breach of the City, or for any amount which may become due to Contractor or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise.

11. Indemnity.

A. Indemnification. To the fullest extent permitted by law, Contractor shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened), which arise out of, pertain to, or relate to the performance pursuant to, or failure to comply, with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties.

For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Contractor shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City), and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged, or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.

The only exception to Contractor’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents, and employees.

B. Scope of Obligation. Contractor’s duty to indemnify, protect, defend, and hold harmless as set forth in this Section 12 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under worker’s compensation, disability, or other employee benefit acts or the terms, applicability, or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Contractor waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Contractor arising out of or in connection with the Agreement or Contractor’s failure to comply with any of the terms of this Agreement.

Contractor’s duty to indemnify, protect, defend, and hold harmless as set forth in this Section 12 shall not be excused because of the Contractor’s inability to evaluate Liability, or because the Contractor evaluates Liability and determines that the Contractor is not or may not be liable. The Contractor must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing.

If the Contractor fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Contractor under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Contractor accepts the tender, whichever occurs first. Contractor agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Contractor’s acceptance of the tender.

Agenda Item #6.7:

Professional Service Agreement, City of Sonoma

12. Contractor Not an Agent of City. City retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. Contractor, its officers, employees, and agents shall not have any power to bind or commit the City to any decision.

13. Independent Contractor. It is expressly agreed that the Contractor, in the performance of the work and services agreed to be performed by Contractor, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Contractor shall furnish, at its own expense, all labor, materials, equipment, tools, transportation, and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Contractor hereby expressly waives any claim to may have to any such rights. Contractor, its officers, employees, and agents shall not have any power to bind or commit the City to any decision. Contractor shall not receive payment for time off for days not worked, whether it be in the form of sick leave, administration leave, or for any other form of absence.

14. Compliance with Laws.

A. General. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required for Contractor to practice its profession. City is not responsible or liable for Contractor’s failure to comply with any or all of the requirements contained in this paragraph or in this Agreement.

B. Workers’ Compensation. Contractor certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing performance of this Agreement and at all times in the performance of the Agreement.

C. Prevailing Wage. Contractor and Contractor’s subContractors (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article

2. D. Injury and Illness Prevention Program. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

E. City’s Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance, this contract is subject to the applicable provisions of the Living Wage Ordinance (LWO) of the City as amended from time to time and can be found at https://www.sonomacity.org/living-wage-law/ and is incorporated by reference into and made a part of this Agreement.
(1) The Contractor assures payment of a minimum wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. (2) The Contractor, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to the employer’s compliance or anticipated compliance with the LWO. (3) Any Subcontract entered into by the Contractor relating to this Agreement shall be subject to the provisions of the LWO.
(4) The Contractor shall, immediately upon execution of Contract, provide notification to all affected employees of the wage required to be paid pursuant to the LWO.

Agenda Item #6.7:

Professional Service Agreement, City of Sonoma
(5) The Contractor shall provide, upon demand by City, documents and information verifying compliance with the requirements of the LWO.
(6) The City shall have the authority, under appropriate circumstances, to terminate this contract and otherwise pursue legal remedies that may be available if the City determines that the subject Contractor has violated provisions of the LWO.

F. Business Licenses. Except as otherwise allowed by City in its sole discretion, Contractor and all subcontractors shall have acquired, at Contractor’s expense, a business license from the City in accordance with Chapter

5.04 of the Sonoma Municipal Code, prior to City’s issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Contractor until such time as Contractor complies with this section.

G. City Not Responsible. The City is not responsible or liable for Contractor’s failure to comply with any and all of said requirements.

15. Confidential Information. All data, documents, discussions, or other information developed or received by or for Contractor in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law.

16. Assignment; Subcontractors; Employees
A. Assignment. Contractor shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City’s prior written consent, which shall be in the City’s sole and absolute discretion. Any assignment without such approval shall be void and, at the City’s option, shall immediately cause this Agreement to terminate.

B. Subcontractors; Employees. Contractor shall be responsible for employing or engaging all persons necessary to perform the services of Contractor hereunder. No subcontractor of Contractor shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Contractor, and Contractor agrees to be responsible for their performance. Contractor shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Contractor fails or refused to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager.

17. Insurance.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Agenda Item #6.7:

Professional Service Agreement, City of Sonoma

4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page) If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required Agenda Item #6.7:

Professional Service Agreement, City of Sonoma
by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

18. Assignment Prohibited. Neither the City nor Contractor may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation hereunder shall be void and of no effect.

19. Termination of Agreement.

A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City to the Contractor upon 5 days’ written notice.

B. If Contractor fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by the Contractor bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by the Contractor.

C. In the event this Agreement is terminated by the City without cause, Contractor shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation of services rendered prior to the time of payment.

D. Upon termination of this Agreement with or without cause, Contractor shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by the Contractor or its subcontractors, if any, or given to Contractor or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Contractor, however, shall not be liable for the City’s use of incomplete materials nor for the City’s use of complete documents if used for other than the project contemplated by this Agreement.

20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this Agreement. Contractor will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Contractor shall not receive any payment for services or expenses incurred by Contractor by reason of such suspension.

21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the Agreement between City and Contractor and shall supersede all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument, signed by both the City and Contractor. All provisions of this Agreement are expressly made conditions.

22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.

24. Time of the Essence. Time is of the essence of this Agreement. However, the City recognizes that Contractor’s performance must be governed by sound professional practices.

Agenda Item #6.7:

Professional Service Agreement, City of Sonoma

25. Written Notification. Any notice, demand, request, consent, approval, or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Sonoma
Public Works Director/City Engineer
No. 1 The Plaza
Sonoma, CA 95476
If to Contractor: A+ Tree Care and Sustainability
985 Walnut Ave.

Vallejo, CA 94952

27. Contractor’s Books and Records.

A. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement.

B. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.

D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall.

Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

28. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties.

29. Equal Employment Opportunity. Contractor is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Contractor will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Contractor will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

30. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other Contractors to provide, services that are the same or similar to the services described in this Agreement.

Agenda Item #6.7:

Professional Service Agreement, City of Sonoma

31. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Contractor.

32. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right, or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right, or remedy that party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative.

As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Contractor must present a written claim to City in accordance with the Sonoma Municipal Code.

33. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference:

Exhibit A – [Contractor] Proposal
Exhibit B – Field of Dreams Maintenance Scope

34. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

35. News Releases/Interviews. All Contractor and subcontractor news releases, media interviews, testimony at hearings, and public comment shall be prohibited unless expressly authorized by the City.

36. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law.

In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California.

37. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

38. Statement of Economic Interest. If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code § 87100), Contractor shall complete and file and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the City of Sonoma disclosing Contractor and/or such other person’s financial interests.

IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date first above written.

CITY OF SONOMA
By:

Title

CONTRACTOR
By:

Title
Federal Tax Identification Number or
Social Security Number
Agenda Item #6.7:

Professional Service Agreement, City of Sonoma

FOR CITY USE ONLY

Account No. 100-43023-404-60404
Project Manager Oriana Hart – Public Works Proj Mgr
Agenda Item #6.7:

General Tree Care & Plant Health Care Services
Tree Line Name Treatment Bid ($)
1 Coast Redwood (Sequoia sempervirens)
[1001771439]
.

Removal $2,324.00
Grind Stump (See definition at bottom
of estimate)
$399.00
2 American Sycamore (Platanus occidentalis)
[1001771440]
.

Level III - Complete Pruning $241.00
3 American Sycamore (Platanus occidentalis)
[1001771441]
.

Level III - Complete Pruning $241.00
4 American Sycamore (Platanus occidentalis)
[1001771442]
.

Level III - Complete Pruning $126.00
5 American Sycamore (Platanus occidentalis)
[1001771443]
.

Level III - Complete Pruning $126.00
Created: 2022-11-15 12:43:31
Proposal ID: 263470
Contact: Oriana Hart ([email protected])
Address: 151 First St W, Sonoma, CA 95476
Sarah Dunia
[email protected]

PROPOSAL FOR FIELD OF DREAMS
2023 Tree Pruning and Removal / Field of Dreams / City of Sonoma

SALES REP
Total: $29,409.85
Agenda Item #6.7:

6 American Sycamore (Platanus occidentalis)
[1001771444]
.

Level III - Complete Pruning $126.00
7 American Sycamore (Platanus occidentalis)
[1001771445]
.

Level III - Complete Pruning $126.00
8 American Sycamore (Platanus occidentalis)
[1001771446]
.

Level III - Complete Pruning $126.00
9 American Sycamore (Platanus occidentalis)
[1001771447]
.

Level III - Complete Pruning $126.00
10 American Sycamore (Platanus occidentalis)
[1001771448]
.

Level III - Complete Pruning $126.00
11 American Sycamore (Platanus occidentalis)
[1001771449]
.

Level III - Complete Pruning $241.00
12 American Sycamore (Platanus occidentalis)
[1001771450]
.

Level III - Complete Pruning $126.00
13 American Sycamore (Platanus occidentalis)
[1001771451]
.

Level III - Complete Pruning $126.00
14 American Sycamore (Platanus occidentalis)
[1001771452]
.

Level III - Complete Pruning $126.00
15 American Sycamore (Platanus occidentalis)
[1001771453]
.

Level III - Complete Pruning $126.00
Agenda Item #6.7:

16 American Sycamore (Platanus occidentalis)
[1001771454]
.

Level III - Complete Pruning $126.00
17 American Sycamore (Platanus occidentalis)
[1001771455]
.

Level III - Complete Pruning $126.00
18 American Sycamore (Platanus occidentalis)
[1001771456]
.

Level III - Complete Pruning $126.00
19 American Sycamore (Platanus occidentalis)
[1001771457]
.

Level III - Complete Pruning $126.00
20 American Sycamore (Platanus occidentalis)
[1001771458]
.

Level III - Complete Pruning $126.00
21 American Sycamore (Platanus occidentalis)
[1001771459]
.

Level III - Complete Pruning $126.00
22 American Sycamore (Platanus occidentalis)
[1001771460]
.

Level III - Complete Pruning $126.00
23 American Sycamore (Platanus occidentalis)
[1001771461]
.

Level III - Complete Pruning $126.00
24 American Sycamore (Platanus occidentalis)
[1001771462]
.

Level III - Complete Pruning $126.00
25 American Sycamore (Platanus occidentalis)
[1001771463]
.

Level III - Complete Pruning $126.00
Agenda Item #6.7:

26 American Sycamore (Platanus occidentalis)
[1001771466]
.

Level III - Complete Pruning $126.00
27 American Sycamore (Platanus occidentalis)
[1001771467]
.

Level III - Complete Pruning $126.00
28 American Sycamore (Platanus occidentalis)
[1001771468]
.

Level III - Complete Pruning $126.00
29 American Sycamore (Platanus occidentalis)
[1001771469]
.

Level III - Complete Pruning $126.00
30 American Sycamore (Platanus occidentalis)
[1001771470]
.

Level III - Complete Pruning $126.00
31 American Sycamore (Platanus occidentalis)
[1001771471]
.

Level III - Complete Pruning $126.00
32 American Sycamore (Platanus occidentalis)
[1001771473]
.

Level III - Complete Pruning $126.00
33 American Sycamore (Platanus occidentalis)
[1001771474]
.

Level III - Complete Pruning $126.00
34 American Sycamore (Platanus occidentalis)
[1001771475]
.

Level III - Complete Pruning $126.00
35 American Sycamore (Platanus occidentalis)
[1001771476]
.

Level III - Complete Pruning $126.00
American Sycamore (Platanus occidentalis)
Agenda Item #6.7:

36 [1001771477]
.

Level III - Complete Pruning $126.00
37 American Sycamore (Platanus occidentalis)
[1001771478]
.

Level III - Complete Pruning $241.00
38 American Sycamore (Platanus occidentalis)
[1001771481]
.

Level III - Complete Pruning $241.00
39 American Sycamore (Platanus occidentalis)
[1001771483]
.

Level III - Complete Pruning $241.00
40 American Sycamore (Platanus occidentalis)
[1001771484]
.

Level III - Complete Pruning $241.00
41 American Sycamore (Platanus occidentalis)
[1001771485]
.

Level III - Complete Pruning $241.00
42 American Sycamore (Platanus occidentalis)
[1001771486]
.

Level III - Complete Pruning $241.00
43 American Sycamore (Platanus occidentalis)
[1001771487]
.

Level III - Complete Pruning $241.00
44 American Sycamore (Platanus occidentalis)
[1001771488]
.

Level III - Complete Pruning $241.00
45 American Sycamore (Platanus occidentalis)
[1001771489]
.

Level III - Complete Pruning $126.00
Agenda Item #6.7:

46 American Sycamore (Platanus occidentalis)
[1001771490]
.

Level III - Complete Pruning $465.00
47 American Sycamore (Platanus occidentalis)
[1001771492]
.

Level III - Complete Pruning $241.00
48 American Sycamore (Platanus occidentalis)
[1001771493]
.

Level III - Complete Pruning $241.00
49 American Sycamore (Platanus occidentalis)
[1001771494]
.

Level III - Complete Pruning $241.00
50 American Sycamore (Platanus occidentalis)
[1001771495]
.

Level III - Complete Pruning $126.00
51 American Sycamore (Platanus occidentalis)
[1001771496]
.

Level III - Complete Pruning $126.00
52 American Sycamore (Platanus occidentalis)
[1001771497]
.

Level III - Complete Pruning $126.00
53 American Sycamore (Platanus occidentalis)
[1001771498]
.

Level III - Complete Pruning $126.00
54 American Sycamore (Platanus occidentalis)
[1001771499]
.

Level III - Complete Pruning $126.00
55 American Sycamore (Platanus occidentalis)
[1001771500]
.

Level III - Complete Pruning $241.00
Agenda Item #6.7:

56 American Sycamore (Platanus occidentalis)
[1001771501]
.

Level III - Complete Pruning $126.00
57 American Sycamore (Platanus occidentalis)
[1001771502]
.

Level III - Complete Pruning $241.00
58 American Sycamore (Platanus occidentalis)
[1001771503]
.

Level III - Complete Pruning $126.00
59 American Sycamore (Platanus occidentalis)
[1001771504]
.

Level III - Complete Pruning $126.00
60 American Sycamore (Platanus occidentalis)
[1001771505]
.

Level III - Complete Pruning $126.00
61 American Sycamore (Platanus occidentalis)
[1001771506]
.

Level III - Complete Pruning $126.00
62 American Sycamore (Platanus occidentalis)
[1001771507]
.

Level III - Complete Pruning $126.00
63 Coast Redwood (Sequoia sempervirens)
[1001771509]
Inside the dog park; must get equipment through
fence entrance
Removal $1,203.00
Grind Stump (See definition at bottom
of estimate)
$266.00
64 Coast Redwood (Sequoia sempervirens)
[1001771510]
Inside the dog park; must get equipment through
fence entrance
Removal $1,203.00
Grind Stump (See definition at bottom
of estimate)
$266.00
Removal $432.00
Agenda Item #6.7:

65 Coast Live Oak (Quercus agrifolia) [1001771511]
.

Grind Stump (See definition at bottom
of estimate)
$106.00
NO PARKING SIGNS REQUIRED $0.00
66 Coast Live Oak (Quercus agrifolia) [1001771512]
.

NO PARKING SIGNS REQUIRED $0.00
Level III - Complete Pruning $126.00
67 Coast Live Oak (Quercus agrifolia) [1001771513]
.

NO PARKING SIGNS REQUIRED $0.00
Level III - Complete Pruning $126.00
68 Coast Live Oak (Quercus agrifolia) [1001771514]
.

NO PARKING SIGNS REQUIRED $0.00
Level III - Complete Pruning $126.00
69 Coast Live Oak (Quercus agrifolia) [1001771515]
.

NO PARKING SIGNS REQUIRED $0.00
Level III - Complete Pruning $126.00
70 Coast Live Oak (Quercus agrifolia) [1001771516]
.

NO PARKING SIGNS REQUIRED $0.00
Level III - Complete Pruning $126.00
71 Monterey Pine (Pinus radiata) [1001771517]
.

Removal $2,324.00
Grind Stump (See definition at bottom
of estimate)
$399.00
NO PARKING SIGNS REQUIRED $0.00
72 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771518]
.

Level III - Complete Pruning $241.00
73 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771519]
.

Level III - Complete Pruning $126.00
74 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771520] Level III - Complete Pruning $126.00
Agenda Item #6.7:

.
75 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771521]
.

Level III - Complete Pruning $126.00
76 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771522]
.

Level III - Complete Pruning $126.00
77 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771523]
.

Level III - Complete Pruning $126.00
78 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771524]
.

Level III - Complete Pruning $126.00
79 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771525]
.

Level III - Complete Pruning $126.00
80 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771526]
.

Level III - Complete Pruning $126.00
81 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771527]
.

Level III - Complete Pruning $126.00
82 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771528]
.

Level III - Complete Pruning $126.00
83 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771529]
.

Level III - Complete Pruning $126.00
Agenda Item #6.7:

84 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771530]
.

Level III - Complete Pruning $126.00
85 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771531]
.

Level III - Complete Pruning $126.00
86 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771532]
.

Level III - Complete Pruning $126.00
87 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771533]
.

Level III - Complete Pruning $126.00
88 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771534]
.

Level III - Complete Pruning $126.00
89 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771535]
.

Level III - Complete Pruning $126.00
90 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771536]
.

Level III - Complete Pruning $126.00
91 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771537]
.

Level III - Complete Pruning $126.00
92 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771538]
.

Level III - Complete Pruning $126.00
Agenda Item #6.7:

93 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771539]
.

Level III - Complete Pruning $126.00
94 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771540]
.

Level III - Complete Pruning $126.00
95 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771541]
.

Level III - Complete Pruning $126.00
96 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771542]
.

Level III - Complete Pruning $126.00
97 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771543]
.

Level III - Complete Pruning $126.00
98 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771544]
.

Level III - Complete Pruning $126.00
99 Narrow Leaf Ash (Fraxinus angustifolia)
[1001771545]
.

Level III - Complete Pruning $126.00
100
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771546]
.

Level III - Complete Pruning $126.00
101
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771547]
.

Level III - Complete Pruning $126.00
102
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771548]
.

Level III - Complete Pruning $126.00
Agenda Item #6.7:

103
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771549]
.

Level III - Complete Pruning $126.00
104
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771551]
.

Level III - Complete Pruning $126.00
105
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771552]
.

Level III - Complete Pruning $126.00
106
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771553]
.

Level III - Complete Pruning $126.00
107
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771554]
.

Level III - Complete Pruning $126.00
108
Coast Redwood (Sequoia sempervirens)
[1001771561]
.

Notes For Clients $0.00
109
Coast Redwood (Sequoia sempervirens)
[1001771562]
.

Notes For Clients $0.00
110
Coast Redwood (Sequoia sempervirens)
[1001771564]
.

NO PARKING SIGNS REQUIRED $0.00
Crown Raise $260.00
111
Coast Redwood (Sequoia sempervirens)
[1001771565]
.

NO PARKING SIGNS REQUIRED $0.00
Specific Pruning $173.00
Coast Redwood (Sequoia sempervirens) NO PARKING SIGNS REQUIRED $0.00 Agenda Item #6.7:

112 [1001771566]
.

Specific Pruning $173.00
113
Narrow Leaf Ash (Fraxinus angustifolia)
[1001771567]
.

NO PARKING SIGNS REQUIRED $0.00
Level III - Complete Pruning $465.00
114
Coast Redwood (Sequoia sempervirens)
[1001771568]
.

Notes For Clients $0.00
115
Coast Redwood (Sequoia sempervirens)
[1001771569]
.

Notes For Clients $0.00
Subtotal: $25,139.00
Project Management Services
Description Quantity Amount Subtotal
Fuel Surcharge (5%) 1.00 1,256.95 $1,256.95
Environmental Waste Fees (Waived if property chooses to keep onsite) 1.00 2,513.90 $2,513.90 Log Haul Fee 2.00 250.00 $500.00
Subtotal: $4,270.85
Total: $29,409.85
Definition of Treatments:

Crown Raise - Elevation of lowest limbs to increase overhead clearance. Live ratio should be at least 60%, leave small diameter branches on the lower trunk to help protect the tree. Includes any necessary clearance away from buildings and/or structures.

Removal - Complete removal of tree as close to ground level as is reasonable and safe, using safety practices as outlined in ANSI Z133.1 safety standard.

Grind Stump (See definition at bottom of estimate) - IMPORTANT: 811 will be notified after stumps have been properly marked with white paint and/or flags for mark and locate of subsurface facilities. No stumps shall be ground until all utilities have provided positive responses and/or marked their facilities. The ability and cost to grind stumps may be subject to change pending the results of the location of subsurface facilities. Conditions are to be assessed and determined by the grinding technician upon arrival. 811 Locators are not able to detect irrigation lines; A Plus Tree, Inc. is not held responsible for broken irrigation lines or unseen sprinkler heads.

Standard Grind Stump includes 6" to 8" below ground grade and back fill of hole with resulting mulch and debris to a level grade.

NO PARKING SIGNS REQUIRED - In order to service this tree, it is imperative that no parking signs be set out and enforced so that this work can be performed safely and smoothly.

Notes For Clients - This "treatment" is to make notes on the individual, specified tree visible for clients and to be disregarded by the crew.

Specific Pruning - This is a specialty pruning where the tree may have a particular need that the assessing Arborist is to define exact pruning specifications in the treatment notes.

Level III - Complete Pruning - A complete pruning of a tree to improve health, aesthetics and structure. This includes - hazard reduction pruning, removing deadwood, clearance pruning, remove lowest sucker growth, end weight reduction where necessary, and pruning to address structural defects where possible. All pruning to conform to ANSI-A300 industry pruning standards. Will not prune within 10 ft of overhead power lines.

Agenda Item #6.7:

**All pruning and tree care performed is according to the American National Standards Institute (ANSI) A-300 standards and conducted in accordance with the ANSI Z133 Safety Standards.** Download to print "No Parking Sign" (https://drive.google.com/file/d/1bdD192wy14tvB0QuoQxNF0dBxcV1pvqP/view? usp=sharing)
Download "Notice to Residents" Fillable Form
(https://drive.google.com/file/d/1DSH0JKd9FnekffUGk8IkL68nud1GeKLh/view) CONFIDENTIALITY NOTE: This Proposal/Invoice is intended only for the use of the individual or entity to which it belongs and may contain information that is confidential, privileged, and exempt from disclosure under applicable law. If the viewer of this document is not the intended recipient, or the employee or agent responsible for delivery of the information to the intended recipient, you are hereby notified that any distribution, dissemination, or copying of the contents of this information is prohibited. Please notify us immediately if you have accessed this information in error by telephone at (866) 815-2525. Thank you for your cooperation.

Notes
Download : Arbor Mulch - Product Info Sheet.pdf
(http://app.arborplus.com/estimate_files/263470/Arbor Mulch - Product Info Sheet.pdf)
Download : FOD Tree Scope.pdf
(http://app.arborplus.com/estimate_files/263470/FOD Tree Scope.pdf) Agenda Item #6.7:

FIELD OF DREAMS TREE MAINTENANCE ITEMS

1. Tree Pruning ‐ Prune a total of 61 Sycamore trees, 37 Ash trees, 6 Oak trees and 3 Redwoods. All the trees are to prune for large dead wood removal, crown elevation, crown thinning and reduction where needed for weight and clearance. Chip the brush/clean up and haul away the woodchips.

1. Tree Removal ‐Take down/remove one dead Redwood, one Live Oak and one Cork Oak. Chip the brush/clean up and haul away the woodchips. Flush the stumps low to grade.

2. Stump Grinding ‐ Grind the Live Oak, Cork Oak and Redwood stumps just below grade. All the mulch from the grinding is to be back filled into the holes, mounded and left onsite.

3. Tree Removal‐Take down/remove one Pine tree located next to the parking lot. Chip the brush/clean up and haul away the woodchips. Flush the stump low to grade.

4. Stump Grinding‐Grind the Pine stump just below grade. All the mulch from the grinding is to be back filled into the hole, mounded and left onsite.

Agenda Item #6.7:

FIELD OF DREAMS LOCATION
0 0.05 0.1 0.2 Miles
I
Agenda Item #6.7:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Dec 2022
Department
Public Works
Staff Contact
Oriana Hart, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager To Execute A Contract With A Plus Tree Care and Sustainability Tree Company in the Amount of $23,981 to Provide Tree Maintenance and Removal at the City of Sonoma Plaza Park Summary
In April 2022, the City of Sonoma Public Works department solicited a tree health assessment of the Plaza Park trees. The Bartlett Inventory Solutions (BIS) Team from Bartlett Tree Experts conducted an inventory of all the trees on the grounds of Sonoma Plaza. Bartlett Tree Experts identified 228 trees, including 3 groupings, which included 44 species. The attributes that were collected include tree latitude and longitude, size, age, condition class, and a visual assessment of tree structure, health, and vigor. This assessment was completed over the summer of 2022 and presented both immediate needs and an overall management plan for the trees in Sonoma’s Plaza Park. This assessment is included as Attachment A – Contract & Assessment.

In the assessment 36 trees were identified as in need of immediate maintenance or removal.

The City solicited bids for the major tree maintenance work that is immediately necessary at Plaza Park to ensure public safety. Public Works has selected the lowest price bidder, A Plus Tree Care and Sustainability Tree Company, to perform the tree maintenance work. Public works will incorporate other phases of the recommended maintenance of the Plaza trees into future year budgets.

A Plus Tree Care and Sustainability Tree Company will prune a total of 32 trees including 13 American Sycamores, 8 Silver Maple trees, 4 Scarlet Oak trees, 4 American Elm trees, 3 Freeman Maple, 1 Mexican Fan palm tree, 1 Coast Redwood,, 1 Japanese Maple , and 1 Ginkgo trees, and removal of four (4) trees, 3 Freeman Maple, 1 Eucalyptus. All the trees are will be pruned for large dead wood removal, crown elevation, crown thinning, and reduction where needed for weight and clearance. They will chip the removed brush, clean up, and haul away the woodchips.

Staff is requesting that the City Council of the City of Sonoma authorize the Interim City Manager to execute a contract with A Plus Tree Care And Sustainability Tree Company in the amount of $23,981 to provide tree maintenance and removal at the City Of Sonoma Plaza Park.

Recommended Council Action
Authorize the Interim City Manager to execute a contract with A Plus Tree Care And Sustainability Tree Company in the amount of $23,981 to provide tree maintenance and removal at the City Of Sonoma Plaza Park.

Alternative Actions
Council discretion.

Agenda Item #6.8:

Financial Impact
The contract with A Plus Tree Care and Sustainability Tree Company will be for $23,981. As the assessment was not completed until after the FY22/23 budget approval, this work is outside of the approved public works budget. Public Works is requesting a mid-year budget adjustment in the amount of $23,981 to GL 100-43023-404-60404 to fund this work that is immediately necessary in the interest of public safety.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Plaza Park Tree Maintenance Contract
Attachment A City of Sonoma Plaza ASAP Tree Work Contract & Assessment Agenda Item #6.8:

RESOLUTION NO. ___- 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT

WITH A PLUS TREE CARE AND SUSTAINABILITY TREE COMPANY IN THE AMOUNT OF $23,981 TO PROVIDE TREE MAINTENANCE AND REMOVAL AT THE CITY OF SONOMA PLAZA PARK.

WHEREAS, the Plaza Park is owned by the City of Sonoma; and WHEREAS, the City of Sonoma conducted an assessment of two hundred and twenty-eight (228) trees in Plaza Park in the summer of 2022, (Attached to the resolution as Attachment A – Contract and Assessment); and
WHEREAS, the lack of tree maintenance work has built up over the past several years and there are thirty-six (36) trees in need of immediate maintenance or removal on the Plaza for public safety; and
WHEREAS, this tree work was not initially included in the FY 22/23 Public Works Parks operation budget; and
WHEREAS, the City of Sonoma has solicited pricing from four (4) different tree maintenance companies for this immediate maintenance work; and WHEREAS, Public Works has selected the lowest price bidder, A Plus Tree Care and Sustainability Tree Company, to perform the tree maintenance work; and WHEREAS, the City has drafted a contract with A Plus Tree Care and Sustainability Tree Company to conduct the needed tree maintenance.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the Interim City Manager to execute a contract with A Plus Tree Care and Sustainability Tree Company to provide tree services at the City of Sonoma’s Plaza Park in the amount of $23,981; and
BE IT FURTHER RESOLVED, the City Council of the City of Sonoma authorizes a mid-year budget adjustment in the amount of $23, 981 in the Parks Operation Budget general ledger #100-43023-404-60404
ADOPTED this 7th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN
________________________________
Jack Ding, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma

CITY OF SONOMA

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into as of the ____ day of _____________, 20__, by and between the CITY OF SONOMA herein called the “City,” and A+ Tree Care herein called the “Contractor.” Recitals
WHEREAS, City desires to obtain services listed in Exhibit B; and WHEREAS, Contractor hereby warrants to the City that Contractor is skilled and able to provide such services described in Section 1 of this Agreement; and
WHEREAS, City desires to retain Contractor pursuant to this Agreement to provide the services described in Section 1 of this Agreement.

Agreement
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:

1. Scope of Services. Subject to such policy direction and approvals as the City through its staff may determine from time to time, Contractor shall perform the services set out in the pricing proposal provided by the Contractor and which is incorporated herein by reference.

2. Time of Performance. The services of Contractor are to commence upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully executed agreement from City and obtaining and delivering the required insurance coverage, and satisfactory evidence thereof, to City. Contractor shall begin to perform its services not later than January 1, 2023 and be completed not later than April 1, 2023. Any changes to these dates must be approved in writing by the City Manager or his or her representatives.

3. Standard of Quality. City relies upon the professional ability of Contractor as a material inducement to entering into this Agreement. All work performed by Contractor under this Agreement shall be performed 1) with due diligence, using its best efforts to perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; and 3) with the standard of quality ordinarily expected of competent professionals in Contractor’s field of expertise. Contractor shall correct, at its own expense, all errors made in the provision of services under this Agreement. In the event that Contractor fails to make such correction in a timely manner, City may make the correction and charge the cost thereof to Contractor.

4. Compensation and Method of Payment.

A. Compensation. The compensation to be paid to Contractor, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules more particularly described in Exhibit B, in accordance with the terms and conditions included therein. However, in no event shall the amount City pays to Contractor exceed Twenty-Three Thousand Nine Hundred Eighty-One Dollars ($23,981). City’s obligation to pay compensation to Contractor as provided herein is contingent upon Contractor’s compliance with the terms and conditions of this Agreement and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

B. Timing of Payment. Billing and payment for said services shall be as set forth in Exhibit A, Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma
attached hereto and incorporated herein.

C. Changes in Compensation. Contractor will not undertake any work that will incur costs in excess of the amount of set forth in Section 4(A) of this Agreement without prior written amendment to this Agreement. City shall have the right to amend the Scope of Work within the Agreement by written notification to the Contractor. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Contractor shall not commence any work exceeding the Scope of Work without prior written authorization from the City. Failure of the Contractor to secure City’s written authorization for extra or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization.

D. Taxes. Contractor shall pay all taxes, assessments, and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Contractor.

E. No Overtime or Premium Pay. Contractor shall receive no premium or enhanced payment for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during nonstandard business hours, such as in the evenings or on weekends. Contractor shall not receive a premium or enhanced payment for work performed on a recognized holiday.

F. Litigation Support. Contractor agrees to testify at City’s request if litigation is brought against City in connection with Contractor’s work product. Unless the action is brought by Contractor or is based upon Contractor’s negligence, City will compensate Contractor for the preparation and the testimony at Contractor’s standard hourly rates, if requested by City and not part of the litigation brought by City against Contractor.

5. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain the services of Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill the requirement of this Agreement.

6. Ownership of Documents. Title, including the copyright and all intellectual property rights, all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, designs, data, photographs, reports and any other final work products compiled, prepared, or obtained by the Contractor under the Agreement shall be vested in City, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City. Contractor shall assume no responsibility for the unintended use by others of such final work products which are not related to the scope of the services described under this Agreement. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to City without restriction or limitations on their use. Contractor may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement, unless required by law.

7. Employment of Other Contractors, Specialists, or Experts. Contractor will not employ or otherwise incur an obligation to pay other Contractors, specialists, or experts for services in connection with this Agreement without the prior written approval of the City.

8. Conflict of Interest.

A. Contractor (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this contract or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this contract. Contractor agrees at all times to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the City in the performance of the Agreement.

Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma

9. Interest of Members and Employees of City. No member of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects his/her personal interests or the interest of any corporation, partnership, or association in which he/she is directly or indirectly interested.

10. Liability of Members and Employees of City. No member of the City and no other officer, elected official, employee, or agent of the City shall be personally liable to Contractor or otherwise in the event of any default or breach of the City, or for any amount which may become due to Contractor or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. The City has no liability or responsibility for any accident, loss, or damage to any work performed under this Agreement whether prior to its completion or acceptance or otherwise.

11. Indemnity.

A. Indemnification. To the fullest extent permitted by law, Contractor shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless City and any and all of its officers, officials, employees, agents and volunteers (“Indemnified Parties”) from and against any and all liability (including liability for claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened), which arise out of, pertain to, or relate to the performance pursuant to, or failure to comply, with this Agreement, regardless of any fault or alleged fault of the Indemnified Parties.

For design professionals (as that term is defined by statute) acting within the scope of their professional capacity, to the fullest extent permitted by law, Contractor shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the City), and hold harmless any Indemnified Parties from and against any and all Liability, whether actual, alleged, or threatened, which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or as may be provided by statute in Civil Code § 2782.8, as may be amended from time to time.

The only exception to Contractor’s responsibility to indemnify, protect, defend, and hold harmless the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City or its elective or appointive boards, officers, agents, and employees.

B. Scope of Obligation. Contractor’s duty to indemnify, protect, defend, and hold harmless as set forth in this Section 12 shall include the duty to defend (by counsel reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under worker’s compensation, disability, or other employee benefit acts or the terms, applicability, or limitations of any insurance held or provided by Contractor and shall continue to bind the parties after termination/completion of this agreement. This indemnification shall be regardless of and not in any way limited by the insurance requirements of this contract. This indemnification is for the full period of time allowed by law and shall survive the termination of this agreement. Contractor waives any and all rights to express or implied indemnity against the Indemnified Parties concerning any Liability of the Contractor arising out of or in connection with the Agreement or Contractor’s failure to comply with any of the terms of this Agreement.

Contractor’s duty to indemnify, protect, defend, and hold harmless as set forth in this Section 12 shall not be excused because of the Contractor’s inability to evaluate Liability, or because the Contractor evaluates Liability and determines that the Contractor is not or may not be liable. The Contractor must respond within thirty (30) calendar days to any tender by the City, unless the time for responding has been extended by an authorized representative of the City in writing.

If the Contractor fails to timely accept such tender, in addition to any other remedies authorized by law, as much of the money due or that may become due to the Contractor under this Agreement as shall reasonably be considered necessary by the City may be retained by the City until disposition has been made of the matter subject to tender, or until the Contractor accepts the tender, whichever occurs first. Contractor agrees to fully reimburse all costs, including but not limited to attorney’s fees and costs and fees of litigation incurred by the City in responding to matters prior to Contractor’s acceptance of the tender.

Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma

12. Contractor Not an Agent of City. City retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement. Contractor, its officers, employees, and agents shall not have any power to bind or commit the City to any decision.

13. Independent Contractor. It is expressly agreed that the Contractor, in the performance of the work and services agreed to be performed by Contractor, shall act as and be an independent contractor and not an agent or employee of City and shall have responsibility for and control over the details and means of providing its services under this Agreement. Contractor shall furnish, at its own expense, all labor, materials, equipment, tools, transportation, and services necessary for the successful completion of the services under this Agreement. As an independent contractor, Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Contractor hereby expressly waives any claim to may have to any such rights. Contractor, its officers, employees, and agents shall not have any power to bind or commit the City to any decision. Contractor shall not receive payment for time off for days not worked, whether it be in the form of sick leave, administration leave, or for any other form of absence.

14. Compliance with Laws.

A. General. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required for Contractor to practice its profession. City is not responsible or liable for Contractor’s failure to comply with any or all of the requirements contained in this paragraph or in this Agreement.

B. Workers’ Compensation. Contractor certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing performance of this Agreement and at all times in the performance of the Agreement.

C. Prevailing Wage. Contractor and Contractor’s subContractors (if any) shall, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates to workers and professionals as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article

2. D. Injury and Illness Prevention Program. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

E. City’s Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance, this contract is subject to the applicable provisions of the Living Wage Ordinance (LWO) of the City as amended from time to time and can be found at https://www.sonomacity.org/living-wage-law/ and is incorporated by reference into and made a part of this Agreement.
(1) The Contractor assures payment of a minimum wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. (2) The Contractor, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to the employer’s compliance or anticipated compliance with the LWO. (3) Any Subcontract entered into by the Contractor relating to this Agreement shall be subject to the provisions of the LWO.
(4) The Contractor shall, immediately upon execution of Contract, provide notification to all affected employees of the wage required to be paid pursuant to the LWO.

Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma
(5) The Contractor shall provide, upon demand by City, documents and information verifying compliance with the requirements of the LWO.
(6) The City shall have the authority, under appropriate circumstances, to terminate this contract and otherwise pursue legal remedies that may be available if the City determines that the subject Contractor has violated provisions of the LWO.

F. Business Licenses. Except as otherwise allowed by City in its sole discretion, Contractor and all subcontractors shall have acquired, at Contractor’s expense, a business license from the City in accordance with Chapter

5.04 of the Sonoma Municipal Code, prior to City’s issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Contractor until such time as Contractor complies with this section.

G. City Not Responsible. The City is not responsible or liable for Contractor’s failure to comply with any and all of said requirements.

15. Confidential Information. All data, documents, discussions, or other information developed or received by or for Contractor in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by City, or as required by law.

16. Assignment; Subcontractors; Employees
A. Assignment. Contractor shall not assign, delegate, transfer, or convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or interest in or to the same or any part thereof without the City’s prior written consent, which shall be in the City’s sole and absolute discretion. Any assignment without such approval shall be void and, at the City’s option, shall immediately cause this Agreement to terminate.

B. Subcontractors; Employees. Contractor shall be responsible for employing or engaging all persons necessary to perform the services of Contractor hereunder. No subcontractor of Contractor shall be recognized by the City as such; rather, all subcontractors are deemed to be employees of the Contractor, and Contractor agrees to be responsible for their performance. Contractor shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of Contractor fails or refused to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, it shall be discharged immediately from the work under this Agreement on demand of the Project Manager.

17. Insurance.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): 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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma

4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page) If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma
by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

18. Assignment Prohibited. Neither the City nor Contractor may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation hereunder shall be void and of no effect.

19. Termination of Agreement.

A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City to the Contractor upon 5 days’ written notice.

B. If Contractor fails to perform any of its obligations under this Agreement within the time and in the manner herein provided or otherwise violates any of the terms of this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. In such event, Contractor shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the Agreement as the services satisfactorily rendered hereunder by the Contractor bear to the total services otherwise required to be performed for such total fee; provided, however, that the City shall deduct from such amount the amount of damages, if any, sustained by City by virtue of the breach of the Agreement by the Contractor.

C. In the event this Agreement is terminated by the City without cause, Contractor shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation of services rendered prior to the time of payment.

D. Upon termination of this Agreement with or without cause, Contractor shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by the Contractor or its subcontractors, if any, or given to Contractor or its subcontractors, if any, in connection with this Agreement. Such materials shall become the permanent property of the City. Contractor, however, shall not be liable for the City’s use of incomplete materials nor for the City’s use of complete documents if used for other than the project contemplated by this Agreement.

20. Suspension. The City shall have the authority to suspend this Agreement and the services contemplated herein, wholly or in part, for such period as it deems necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this Agreement. Contractor will be paid for satisfactory services performed prior to the date of suspension. During the period of suspension, Contractor shall not receive any payment for services or expenses incurred by Contractor by reason of such suspension.

21. Merger; Amendment. This Agreement constitutes the complete and exclusive statement of the Agreement between City and Contractor and shall supersede all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument, signed by both the City and Contractor. All provisions of this Agreement are expressly made conditions.

22. Interpretation. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

23. Litigation Costs. If either party becomes involved in litigation arising out of this Agreement or the performance thereof, the court in such litigation shall award reasonable costs and expenses, including attorneys’ fees, to the prevailing party. In awarding attorneys’ fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.

24. Time of the Essence. Time is of the essence of this Agreement. However, the City recognizes that Contractor’s performance must be governed by sound professional practices.

Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma

25. Written Notification. Any notice, demand, request, consent, approval, or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Sonoma
Public Works Director/City Engineer
No. 1 The Plaza
Sonoma, CA 95476
If to Contractor: A+ Tree Care and Sustainability
985 Walnut Ave.

Vallejo, CA 94952

27. Contractor’s Books and Records.

A. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement.

B. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.

D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall.

Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor-in-interest.

28. Agreement Binding. The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties.

29. Equal Employment Opportunity. Contractor is an equal opportunity employer and agrees to comply with all applicable state and federal regulations governing equal employment opportunity. Contractor will not discriminate against any employee or applicant for employment because of race, age, sex, creed, color, sexual orientation, marital status or national origin. Contractor will take affirmative action to ensure that applicants are treated during such employment without regard to race, age, sex, creed, color, sexual orientation, marital status or national origin. Such action shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor further agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

30. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other Contractors to provide, services that are the same or similar to the services described in this Agreement.

Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma

31. City Not Obligated to Third Parties. The City shall not be obligated or liable for payment hereunder to any party other than Contractor.

32. Remedies/Waiver. No failure on the part of either party to exercise any term, covenant, condition, right, or remedy hereunder shall operate as a waiver of any other term, covenant, condition, right, or remedy that party may have hereunder. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative.

As a condition precedent to commencing legal action involving a claim or dispute against the City arising from this Agreement, the Contractor must present a written claim to City in accordance with the Sonoma Municipal Code.

33. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference:

Exhibit A – A Plus Tree Care and Sustainability Proposal Exhibit B – Plaza Immediate Maintenance Scope

34. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

35. News Releases/Interviews. All Contractor and subcontractor news releases, media interviews, testimony at hearings, and public comment shall be prohibited unless expressly authorized by the City.

36. Applicable Law; Venue. This Agreement shall be construed and interpreted according to California law.

In the event that suit shall be brought by either party hereunder, the parties agree that a trial of such action shall be held exclusively in a state court in the County of Sonoma, California.

37. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

38. Statement of Economic Interest. If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code § 87100), Contractor shall complete and file and shall require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” with the Clerk of the City of Sonoma disclosing Contractor and/or such other person’s financial interests.

IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date first above written.

CITY OF SONOMA
By:

Title

CONTRACTOR
By:

Title
Federal Tax Identification Number or
Social Security Number
Attachment A
Agenda Item #6.8:

Professional Service Agreement, City of Sonoma

FOR CITY USE ONLY

Account No. 100-43023-404-60404
Project Manager Oriana Hart – Public Works Proj Mgr
Attachment A
Agenda Item #6.8:

Trees 1 - 9 Trees 10 - 19
Created: 2022-11-22 08:14:45
Proposal ID: 263488
Contact: Oriana Hart ([email protected])
Address: 453 1st St E, Sonoma, CA 95476
Sarah Dunia
[email protected]
PROPOSAL FOR THE PLAZA AT SONOMA
2023 Tree Pruning / The Plaza / City of Sonoma

SALES REP
Total: $23,981.00
Attachment A
Agenda Item #6.8:

Trees 20 - 29 Trees 30 - 39
General Tree Care & Plant Health Care Services
Tree Line Name Treatment Bid ($)
1 Mexican Fan Palm (Washingtonia robusta) [1001771585]
Sonoma Plaza Tree ID 3; Work Phase : 1 Palm Pruning $199.00 2 American Sycamore (Platanus occidentalis) [1001771596] Sonoma Plaza Tree ID 24; Work Phase : ASAP Level III - Complete Pruning $465.00 3 Coast Redwood (Sequoia sempervirens) [1001771602]
Sonoma Plaza Tree ID 70; Work Phase : ASAP Notes For Clients $0.00 4 Silver Maple (Acer saccharinum) [1001771650]
Sonoma Plaza Tree ID 189; Work Phase : 1
NO PARKING SIGNS REQUIRED $0.00
Crown Reduction $499.00
5 Silver Maple (Acer saccharinum) [1001771651]
Sonoma Plaza Tree ID 191; Work Phase : ASAP
NO PARKING SIGNS REQUIRED $0.00
Level III - Complete Pruning $465.00
Silver Maple (Acer saccharinum) [1001771652] NO PARKING SIGNS REQUIRED $0.00 Attachment A
Agenda Item #6.8:

6 Sonoma Plaza Tree ID 192; Work Phase : 1 Level III - Complete Pruning $730.00 7 Eucalyptus (Eucalyptus spp.) [1001771656]
Sonoma Plaza Tree ID 207; Work Phase : 1; fungi present (polypore) extensively throughout tree, it is only a matter of time before this tree has a failure, my recommendation (Christian Larrazaleta) is to remove
NO PARKING SIGNS REQUIRED $0.00
Removal $2,324.00
Grind Stump (See definition at bottom
of estimate) $399.00
8 Silver Maple (Acer saccharinum) [1001771657]
Sonoma Plaza Tree ID 214; Work Phase : ASAP Specific Pruning $230.00 9 Scarlet Oak (Quercus coccinea) [1001771659]
Sonoma Plaza Tree ID 156; Work Phase : ASAP Level III - Complete Pruning $565.00 10 Freeman Maple (Acer rubrum x saccharinum)
[1001771660]
Sonoma Plaza Tree ID 121; Work Phase : ASAP; grates
must be moved
Removal $126.00
Grind Stump (See definition at bottom
of estimate) $79.00
11 Freeman Maple (Acer rubrum x saccharinum)
[1001771661]
Sonoma Plaza Tree ID 118; Work Phase : 1; grates must
be moved
Removal $432.00
Grind Stump (See definition at bottom
of estimate) $106.00
12 Deodar Cedar (Cedrus deodara) [1001771597]
Sonoma Plaza Tree ID 44; Work Phase : 1 Crown Clean $465.00 13 American Sycamore (Platanus occidentalis) [1001771589] Sonoma Plaza Tree ID 12; Work Phase : 1 Crown Reduction $266.00 14 Silver Maple (Acer saccharinum) [1001771586]
Sonoma Plaza Tree ID 4; Work Phase : 1 Crown Reduction $1,129.00 15 Silver Maple (Acer saccharinum) [1001771592]
Sonoma Plaza Tree ID 17; Work Phase : 1 Level III - Complete Pruning $930.00 Attachment A
Agenda Item #6.8:

16 Silver Maple (Acer saccharinum) [1001771591]
Sonoma Plaza Tree ID 16; Work Phase : ASAP Level III - Complete Pruning $465.00 17 Silver Maple (Acer saccharinum) [1001771593]
Sonoma Plaza Tree ID 19; Work Phase : ASAP Level III - Complete Pruning $730.00 18 American Sycamore (Platanus occidentalis) [1001771590] Sonoma Plaza Tree ID 13; Work Phase : 1 Level III - Complete Pruning $241.00 19 American Sycamore (Platanus occidentalis) [1001771587] Sonoma Plaza Tree ID 8; Work Phase : 1 Level III - Complete Pruning $241.00 20 American Sycamore (Platanus occidentalis) [1001771588] Sonoma Plaza Tree ID 9; Work Phase : 1 Level III - Complete Pruning $241.00 21 American Sycamore (Platanus occidentalis) [1001771604] Sonoma Plaza Tree ID 74; Work Phase : ASAP Level III - Complete Pruning $465.00 22 American Sycamore (Platanus occidentalis) [1001771641] Sonoma Plaza Tree ID 116; Work Phase : ASAP Specific Pruning $230.00 23 American Sycamore (Platanus occidentalis) [1001771610] Sonoma Plaza Tree ID 105; Work Phase : ASAP Level III - Complete Pruning $465.00 24 Ginkgo (Ginkgo biloba) [1001771608]
Sonoma Plaza Tree ID 99; Work Phase : ASAP
Specific Pruning $241.00
NO PARKING SIGNS REQUIRED $0.00
25 American Sycamore (Platanus occidentalis) [1001771609] Sonoma Plaza Tree ID 100; Work Phase : ASAP
Level III - Complete Pruning $465.00
NO PARKING SIGNS REQUIRED $0.00
Attachment A
Agenda Item #6.8:

26 Scarlet Oak (Quercus coccinea) [1001771622]
Sonoma Plaza Tree ID 109; Work Phase : ASAP Crown Clean $465.00 27 Scarlet Oak (Quercus coccinea) [1001771629]
Sonoma Plaza Tree ID 112; Work Phase : ASAP Level III - Complete Pruning $465.00 28 American Sycamore (Platanus occidentalis) [1001771658] Sonoma Plaza Tree ID 142; Work Phase : ASAP Level III - Complete Pruning $465.00 29 Japanese Maple (Acer palmatum) [1001771646]
Sonoma Plaza Tree ID 173; Work Phase : ASAP Crown Clean $114.00 30 American Elm (Ulmus americana) [1001771644]
Sonoma Plaza Tree ID 170; Work Phase : ASAP Crown Reduction $1,594.00 31 American Elm (Ulmus americana) [1001771645]
Sonoma Plaza Tree ID 172; Work Phase : ASAP Crown Clean $598.00 32 American Elm (Ulmus americana) [1001771649]
Sonoma Plaza Tree ID 184; Work Phase : 1 Level III - Complete Pruning $730.00 33 American Elm (Ulmus americana) [1001771648]
Sonoma Plaza Tree ID 182; Work Phase : ASAP Crown Clean $465.00 34 Scarlet Oak (Quercus coccinea) [1001771654]
Sonoma Plaza Tree ID 24; Work Phase : ASAP Level III - Complete Pruning $465.00 35 American Sycamore (Platanus occidentalis) [1001771655] Sonoma Plaza Tree ID 203; Work Phase : ASAP Level III - Complete Pruning $241.00 Attachment A
Agenda Item #6.8:

36 American Sycamore (Platanus occidentalis) [1001771647] Sonoma Plaza Tree ID 180; Work Phase : ASAP Level III - Complete Pruning $465.00 37 American Sycamore (Platanus occidentalis) [1001771643] Sonoma Plaza Tree ID 178; Work Phase : ASAP Level III - Complete Pruning $465.00 38 Freeman Maple (Acer rubrum x saccharinum)
[1001774542]
Sonoma Plaza Tree ID 119; Work Phase: 1; grates must
be moved
Removal $432.00
Grind Stump (See definition at bottom
of estimate) $106.00
39 New Tree () [1001775087]
.

Tree Installation - 15 Gal (Irrigation not
included) $313.00
Subtotal: $20,576.00
Project Management Services
Description Quantity Amount Subtotal
Fuel Surcharge (5%) 1.00 1,028.80 $1,028.80
Environmental Waste Fees (Waived if property chooses to keep onsite) 1.00 2,006.40 $2,006.40 Non-green Environmental Waste 1.00 39.80 $39.80
Trees for Planting 1.00 80.00 $80.00
Log Haul Fee 1.00 250.00 $250.00
Subtotal: $3,405.00
Total: $23,981.00
Definition of Treatments:

Crown Clean - Removal of dead, dying, diseased, crossed, and weakly attached limbs to promote trees health, safety, and beauty. 2" in diameter or greater OR appropriate diameter and amount of wood removed is to be determined by Arborist or Representative.

Includes any necessary clearance away from buildings and/or structures. Will not prune within 10 ft of overhead power lines.

Crown Reduction - Prune to reduce both height and spread of the canopy by removing the end portion of the branches with reduction cuts. Crown reduction makes a tree smaller and to be used in such cases where the tree may be too large for its space, or for aesthetic purposes. Includes any necessary clearance away from buildings and/or structures. Will not prune within 10 ft of overhead power lines.

Palm Pruning - The removal of dead fronds (less than 50% green tissue) and fronds with a petiole that droops below horizontal. Live fronds above horizontal should not be pruned unless otherwise specified. Note: This does NOT include the removal of fruit/inflorescence.

If there is fruit present, removal of the fruit has to be specified and is an additional cost.

Removal - Complete removal of tree as close to ground level as is reasonable and safe, using safety practices as outlined in ANSI Z133.1 safety standard.

Grind Stump (See definition at bottom of estimate) - IMPORTANT: 811 will be notified after stumps have been properly marked with white paint and/or flags for mark and locate of subsurface facilities. No stumps shall be ground until all utilities have provided positive responses and/or marked their facilities. The ability and cost to grind stumps may be subject to change pending the results of the location of subsurface facilities. Conditions are to be assessed and determined by the grinding technician upon arrival. 811 Locators are not able to detect irrigation lines; A Plus Tree, Inc. is not held responsible for broken irrigation lines or unseen sprinkler heads.

Standard Grind Stump includes 6" to 8" below ground grade and back fill of hole with resulting mulch and debris to a level grade.

NO PARKING SIGNS REQUIRED - In order to service this tree, it is imperative that no parking signs be set out and enforced so that this work can be performed safely and smoothly.

Notes For Clients - This "treatment" is to make notes on the individual, specified tree visible for clients and to be disregarded by the Attachment A
Agenda Item #6.8:

crew.

Specific Pruning - This is a specialty pruning where the tree may have a particular need that the assessing Arborist is to define exact pruning specifications in the treatment notes.

Level III - Complete Pruning - A complete pruning of a tree to improve health, aesthetics and structure. This includes - hazard reduction pruning, removing deadwood, clearance pruning, remove lowest sucker growth, end weight reduction where necessary, and pruning to address structural defects where possible. All pruning to conform to ANSI-A300 industry pruning standards. Will not prune within 10 ft of overhead power lines.

Tree Installation - 15 Gal (Irrigation not included) - Installation of 15 Gal container or bare root specimen. Staking or guying may be necessary, to be determined by Arborist or Representative. Client to keep new tree well-watered for at least 2 years for best survivability. We recommend bubblers, tree-gator bag, or hand watering when needed. A Plus Is not responsible for damages to irrigation.
**All pruning and tree care performed is according to the American National Standards Institute (ANSI) A-300 standards and conducted in accordance with the ANSI Z133 Safety Standards.** Download to print "No Parking Sign" (https://drive.google.com/file/d/1bdD192wy14tvB0QuoQxNF0dBxcV1pvqP/view? usp=sharing)
Download "Notice to Residents" Fillable Form
(https://drive.google.com/file/d/1DSH0JKd9FnekffUGk8IkL68nud1GeKLh/view) CONFIDENTIALITY NOTE: This Proposal/Invoice is intended only for the use of the individual or entity to which it belongs and may contain information that is confidential, privileged, and exempt from disclosure under applicable law. If the viewer of this document is not the intended recipient, or the employee or agent responsible for delivery of the information to the intended recipient, you are hereby notified that any distribution, dissemination, or copying of the contents of this information is prohibited. Please notify us immediately if you have accessed this information in error by telephone at (866) 815-2525. Thank you for your cooperation.

Notes
Download : City of Sonoma - ASAP Trees.pdf
(http://app.arborplus.com/estimate_files/263488/City of Sonoma - ASAP Trees.pdf)
Download : Arbor Mulch - Product Info Sheet.pdf
(http://app.arborplus.com/estimate_files/263488/Arbor Mulch - Product Info Sheet.pdf)
Attachment A
Agenda Item #6.8:

City of Sonoma – Sonoma Plaza Tree Inventory and Management Plan | Page 18 The F.A. Bartlett Tree Expert Company June 2022

TREE RIS K TABLE
TREE RISK ASSESSMENTS AND MITIGATION (228 Trees)
Tree
ID
Common
Name DBH Condition Tree Risk Rating Primary Target Work Phase Recommendation Defects or Observations 170 * Elm-American 55 Fair High Sidewalk ASAP
x Level 3 Advanced Assessment: Crown x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Hanger x Low vigor
16 Maple-Bigleaf 21 Good Moderate Sidewalk ASAP
x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Dead branches >2 x Overextended branch x Uneven crown x Wound-stem 19 Maple-Silver 31 Fair Moderate Walking path ASAP
x Prune: Reduce risk of branch stem and/or root failure x Cavity-stem x Dead branches >2 x Han
ger
99 Maidenhair Tree 24 Fair Moderate Street ASAP
x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Overextended branch
109 Oak-Scarlet 31 Good Moderate Walking path ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Good form x Good structure
142 Planetree- London 18 Fair Moderate Picnic table ASAP x Prune: Reduce risk of branch stem and/or root failure x Cavity-stem x Dead branches >2
Attachment A
Agenda Item #6.8:

City of Sonoma – Sonoma Plaza Tree Inventory and Management Plan | Page 19 The F.A. Bartlett Tree Expert Company June 2022
Tree
ID
Common
Name DBH Condition Tree Risk Rating Primary Target Work Phase Recommendation Defects or Observations 178 Planetree- London 22 Good Moderate Bench ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2
180 Planetree- London 21 Fair Moderate Bench ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Sweep
182 Elm-American 32 Fair Moderate Bench ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Dieback
191 Maple-Silver 23 Poor Moderate Parking ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Dieback (severe)
203 Planetree- London 15 Fair Moderate Bench ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Decay-stem x Fun
gi/conks
214 * Maple-Silver 33 Poor Moderate Driveway ASAP
x Level 3 Advanced Assessment: Stem x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Broken branch(s) x Dead branches >2 x Decay-root flare x Overextended branch 44 * Cedar-Deodar 30 Poor Moderate Sidewalk 1
x Level 3 Advanced Assessment: Stem x Level 3 Advanced Assessment: Root x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Good structure x Low vigor x Wound-root flare 118 Maple- Freeman's 7 Poor Moderate Sitting area 1 x Removal x Dieback (severe) x Low vi
gor
Attachment A
Agenda Item #6.8:

City of Sonoma – Sonoma Plaza Tree Inventory and Management Plan | Page 20 The F.A. Bartlett Tree Expert Company June 2022
Tree
ID
Common
Name DBH Condition Tree Risk Rating Primary Target Work Phase Recommendation Defects or Observations 119 Maple- Freeman's 7 Poor Moderate Sitting area 1 x Removal x Dead branches >2 x Low vi
gor
184 Elm-American 36 Fair Moderate Bench 1
x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Dead branches >2 x Low vigor x Overextended branch
189 Maple-Silver 23 Fair Moderate Street 1
x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Overextended branch x Sweep
192 Maple-Silver 34 Poor Moderate Parking 1
x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Cavity-stem x Dead branches >2 x Dieback (severe)
207 * Eucalyptus- Manna Gum 36 Fair Moderate Street 1
x Level 3 Advanced Assessment: Root x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Burl x Decay-root flare x Decay-stem x Wound-root flare 24 Planetree- London 21 Good Low Bench ASAP
x Prune: Reduce risk of branch stem and/or root failure x Hanger x Uneven crown
70 Redwood-Coast 24 Good Low Driveway ASAP
x Prune: Reduce risk of branch stem and/or root failure x Hanger
Attachment A
Agenda Item #6.8:

City of Sonoma – Sonoma Plaza Tree Inventory and Management Plan | Page 21 The F.A. Bartlett Tree Expert Company June 2022
Tree
ID
Common
Name DBH Condition Tree Risk Rating Primary Target Work Phase Recommendation Defects or Observations 74 Planetree- London 19 Good Low Sitting area ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Sweep
100 Planetree- London 20 Good Low Walking path ASAP
x Prune: Reduce risk of branch stem and/or root failure x Prune: Reduce weight of branch ends x Dead branches >2 x Overextended branch
105 Planetree- London 23 Good Low Sidewalk ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2
112 Oak-Pin 18 Good Low Turf area ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches <=2 x Hanger
116 Planetree- London 31 Good Low Walking path ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Good form x Good structure
121 Maple- Freeman's 6 Dead Low Sitting area ASAP x Removal 156 Oak-Pin 27 Good Low Sidewalk ASAP x Prune: Reduce risk of branch stem and/or root failure x Prune: Clearance x Dead branches >2 x Hanger
172 Elm-American 23,18 Fair Low Sidewalk ASAP
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2
173 Maple-Japanese 3,3 Good Low Turf area ASAP x Prune: Repair storm damage x Broken branch(s) 195 Oak-Scarlet 21 Good Low Walking path ASAP x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2
Attachment A
Agenda Item #6.8:

City of Sonoma – Sonoma Plaza Tree Inventory and Management Plan | Page 22 The F.A. Bartlett Tree Expert Company June 2022
Tree
ID
Common
Name DBH Condition Tree Risk Rating Primary Target Work Phase Recommendation Defects or Observations 3 Palm-Mexican Fan 14 Good Low Driveway 1
x Prune: Reduce risk of branch stem and/or root failure x Wound-stem
4 * Maple-Silver 38 Fair Low Walking path 1
x Level 3 Advanced Assessment: Crown x Level 3 Advanced Assessment: Stem x Prune: Reduce risk of branch stem and/or root failure x Cable: Inspect x Cavity-stem x Included bark x Low vigor x Wound-root flare 8 Planetree- London 18 Fair Low Turf area 1
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Uneven crown
9 Planetree- London 15 Fair Low Turf area 1
x Prune: Reduce risk of branch stem and/or root failure x Dead branches <=2 x Uneven crown
12 Planetree- London 15 Good Low Turf area 1
x Prune: Reduce risk of branch stem and/or root failure x Dead branches <=2 x Low live crown ratio
13 Planetree- London 15 Good Low Turf area 1
x Prune: Reduce risk of branch stem and/or root failure x Dead branches >2 x Uneven crown
17 * Maple-Silver 38 Fair Low Sidewalk 1
x Level 3 Advanced Assessment: Stem x Prune: Reduce risk of branch stem and/or root failure x Cable: Inspect x Dead branches >2 x Decay-root flare x Low vigor
Attachment A
Agenda Item #6.8:

City of Sonoma – Sonoma Plaza Tree Inventory and Management Plan | Page 42 The F.A. Bartlett Tree Expert Company June 2022

TREE RISK MAP

INVENTORIED TREES ASSIGNED OVERALL TREE RISK RATINGS AT THE TIME OF DATA

COLLECTION

Attachment A
Agenda Item #6.8:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 07 Dec 2022
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Reciting the Facts of the General Municipal Election held on November 8, 2022, Declaring the Result and such Other Matters as Required by Law and Thereby Determining that Patricia Farrar-Rivas, John Gurney and Ron Wellander have been Elected to the Office of the City Council of the City of Sonoma
Summary
A General Municipal election was conducted in the City of Sonoma on November 8, 2022, for the purpose of electing three members of the City Council.

Patricia Farrar-Rivas, John Gurney and Ron Wellander were the successful candidates and have been elected to the City Council for full terms of four years. Per Elections Code 10262(b), the City Clerk, acting as the City’s election official is required to certify the results to the City Council. This staff report shall constitute that certification.

Per Election Code 10263 (b), the City Council must declare the results of the election and install the newly elected council members.

The County of Sonoma Registrar of Voters conducted the election on behalf of the City of Sonoma. The County Registrar of Voters is required to provide to the City a Certification of Election Results. The County has informed the City Clerk's Office their count has been completed and has released the official results which are available on the Sonoma County Registrar of Voter's Election page,
https://results.enr.clarityelections.com/CA/Sonoma/115630/web.307039/#/summary.

The official copy was not available at the time of agenda posting and will be presented at the meeting.

Recommended Council Action
Staff recommends that the City Council adopt the Resolution accepting the certification of the City Council race.

Alternative Actions
Council discretion.

Financial Impact
N/A
Environmental Review Status
Agenda Item #6.9:

Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Election Results Resolution
CC:

Patricia Farrar-Rivas, Council Elect
John Gurney, Council Elect
Ron Wellander, Council Elect
Agenda Item #6.9:

City of Sonoma
RESOLUTION # ____- 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022,

DECLARING THE RESULT AND SUCH OTHER MATTERS AS REQUIRED BY LAW

THEREBY DETERMINING THAT PATRICIA FARRAR-RIVAS, JOHN GURNEY, AND RON

WELLANDER HAVE BEEN ELECTED TO THE OFFICE OF THE CITY COUNCIL OF THE

CITY OF SONOMA
WHEREAS, a General Municipal Election was held and conducted in the City of Sonoma, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Sonoma County Election Department canvassed the returns of the election and has certified the results, the results are received, attached and made a part hereof as “Exhibit A”; and
WHEREAS, per Elections Code 10262(b), the city elections official, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the City Council; and
WHEREAS, Elections Code 10263 provides that upon completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election of other matters that are enumerated in Election Code 10264 as follows:

As soon as the result of the election is declared, the elections official of the governing body shall enter on its records a statement of the result.

The statement shall show:
a. The whole number of votes cast in the city.
b. The names of the persons voted for.
c. The measures voted upon.
d. For what office each person was voted for.
e. The number of votes given at each precinct to each person and for and against each measure.
f. The number of votes given in the city to each person and for and against each measure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The City Clerk of the City of Sonoma, as the city’s election official, has certified that the results presented are true and correct to the best of her knowledge based on documents produced by the Sonoma County Registrar of Voters.

Section 2. That the whole number of ballots cast in the City was ______ ballots cast in the City.

Agenda Item #6.9:

Section 3. That the names of persons voted for at the election for Member of the City Council are as follows:
• Patricia Farrar-Rivas
• John Gurney
• Ron Wellander
Section 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective office for which the persons were candidates and for and against the measures were as listed in “Exhibit A” attached.

Section 5. The City Council does declare and determine that Patricia Farrar-Rivas, John Gurney, and Ron Wellander were elected as Members of the City Council for the full term of four years.

Section 6. That the City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) the names of the persons voted for; (3) the measures voted upon; (4) for what office each person was voted for; (5) the number of votes given at each precinct to each person, and for and against each measure; and (6) the total number of votes given to each person, and for and against each measure.

Section 8. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
**********
PASSED, APPROVED AND ADOPTED 7th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jack Ding, Mayor
ATTEST:
______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #6.9: