West Covina City Council
November 18, 2025

City of West Covina
Tree Timming and Maintenance Services Fee Schedule
RFP No.

Name of Proposer Company
Green shaded cells require Contractor data input
Cost Per Unit Total
Line Item Description Qty Unit Measure Cost
Grid pruning pricing is requested for 7, 5 and 3 year trim cycles to determine which combination will best serve the City.

GRID PRUNING
Grid Pruning
Great Scott Tree Service, Inc.
2026-01
11 Full Prune/Service Request Tree Pruning 0-12" DBH Each $ 99.00 12 Full Prune/Service Request Tree Pruning 13-24" DBH Each $ 199.00 13 Full Prune/Service Request Tree Pruning 25" & over DBH Each $ 299.00 14 Crown Raise Each $ 199.00
15 Crown Clean 0-18" DBH Each $ 299.00
16 Crown Clean 19-30" DBH Each $ 399.00
17 Crown Clean 31+" DBH Each $ 499.00
Palm Pruning
18 Fan Palm (Washingtonia Robusta) Pruning Each $ 159.00 19 Fan Palm (Washingtonia Robusta) Trunk Clean Each $ 29.00 20 Date Palm (Phoenix spp.) Pruning Each $ 249.00
21 Date Palm (Phoenix spp.) Trunk Clean Each $ 199.00
22 Prune all other Palm Species Each $ 159.00
23 Palm Tree Skinning Linear Foot $ 19.00
24 Tree and Stump Removal
a. 0”-12” Diameter Standard Height Each $ 179.00
b. 13”-18” Diameter Standard Height Each $ 679.00
c. 19”-24” Diameter Standard Height Each $ 939.00
d. 25”-30” Diameter Standard Height Each $ 1,239.00
e. 31”-36” Diameter Standard Height Each $ 1,449.00
f. 36”+ Diameter Standard Height Each $ 1,889.00
City of West Covina - RFP Fee Schedule

City of West Covina
Tree Timming and Maintenance Services Fee Schedule
RFP No.

Name of Proposer Company
Green shaded cells require Contractor data input
Cost Per Unit Total
Line Item Description Qty Unit Measure Cost
Grid pruning pricing is requested for 7, 5 and 3 year trim cycles to determine which combination will best serve the City.

GRID PRUNING
Grid Pruning
Great Scott Tree Service, Inc.
2026-01
25 Tree Removal Only
a. 0”-12” Diameter Standard Height Each $ 239.00
b. 13”-18” Diameter Standard Height Each $ 619.00
c. 19”-24” Diameter Standard Height Each $ 869.00
d. 25”-30” Diameter Standard Height Each $ 1,099.00
e. 31”-36” Diameter Standard Height Each $ 1,369.00
f. 36”+ Diameter Standard Height Each $ 1,719.00
26 Stump Removal per Stump Diameter Inch at Grade Inch $ 39.00 27 Root Prune trees (typical 10 foot length) Linear Foot $ 39.00 Tree Planting and Staking
Double staked per specs – Labor, Equipment, Tree and
Materials and Watering*
*Contractor shall include the pricing to water newly planted trees for the first year after initial planting or when the tree is determined to be established.
28 Plant 15-gallon tree Each $ 199.00
29 Plant 15-gallon tree with Root Barrier Each $ 258.00 30 Plant 24" box tree Each $ 459.00
31 Plant 24" box tree with Root Barrier Each $ 549.00
32 Plant 36" box tree Each $ 1,259.00
33 Plant 48" box tree Each $ 2,400.00
34 Plant 60" box tree Each $ 5,500.00
General Labor Rates
35 Ground-person Man Hour $ 135.00
City of West Covina - RFP Fee Schedule

City of West Covina
Tree Timming and Maintenance Services Fee Schedule
RFP No.

Name of Proposer Company
Green shaded cells require Contractor data input
Cost Per Unit Total
Line Item Description Qty Unit Measure Cost
Grid pruning pricing is requested for 7, 5 and 3 year trim cycles to determine which combination will best serve the City.

GRID PRUNING
Grid Pruning
Great Scott Tree Service, Inc.
2026-01
36 Tree Maintenance Worker Man Hour $ 145.00
37 Tree Trimmer Man Hour $ 145.00
38 Equipment Operator Man Hour $ 145.00
Day Rate
39 Tree Watering Day $ 995.00
40 Crew Rental Man Hour $ 145.00
41 Specialty Equipment (i.e., Crane, 95-ft Aerial Tower) Hour $ 165.00 Emergency Services
42 Emergency Response (Reg. Business Hours, Mon-Fri) Man Hour $ 175.00 43 Emergency Response (Evenings, Weekend, Holidays) Man Hour $ 195.00 General Arborist Services Man Hour
44 Certified Arborist Services/Risk Assessment/Reports Hour $ 159.00 45 Level 1, 2, and 3 Risk Assessments Hour $ 169.00
46 Plant Health Care
a. Tree Canopy Spraying from ground level Per Diameter Inch $ 8.00 b. Tree Canopy Spraying from aerial tower Per Diameter Inch $ 16.00 Description: Foliar hydraulic spraying of recommended material.) c. Insecticide or Fungicide Trunk Banding Per Diameter Inch $ 8.00 Description: Trunk spray of recommended material.
d. PGR Trunk Banding Per Diameter Inch $ 8.00
Description: Trunk spray of recommended material to regulate plant growth. e. Insecticide or PGR Soil Application (Cambistat) Per Diameter Inch $ 8.00 Description: Recommended insecticide soil injection or drench material to regulate plant growth. f. Insecticide or Fungicide Soil Application Per Diameter Inch $ 8.00 Description: Soil applied drench of recommended material. g. Soil Injection Fertilization Per Diameter Inch $ 8.00 City of West Covina - RFP Fee Schedule

Section 5. STAFFING
Pg.30
ORGANIZATIONAL OVERVIEW – Great Scott Tree Service, Inc. is a family-owned and operated company located at 10761 Court Ave, Stanton, CA, and has proudly served Southern California communities since 1987. We employ over 145 qualified professionals, including Arborists and Tree Workers certified by the International Society of Arboriculture (ISA). Our team is fully trained and knowledgeable in the latest pruning standards and techniques, ensuring the highest level of tree care.

DEDICATED STAFF
Upon awarding the contract, Great Scott Tree Services Inc. will assign Scott Griffiths to be the Project Manager and Daniel Rueles will act as your Project Supervisor. Jason Wade will be your backup Project Manager and Raudel Gutierrez will be your backup Project Supervisor.

These individuals have a long history in the tree maintenance field and are ISA certified arborists. They will solely oversee the crews working within City Property. Along with the supervision of crews, Daniel will cooperatively work with the City on all ongoing work, scheduling of future work, work requests, emergencies, and attend meetings with City personnel when requested. In the event of absence or illness, City Staff will be notified of his replacement and credentials for review and approval. It is imperative that our customers are able to contact a Great Scott Tree Service, Inc. employee at any time. The Project Supervisor is in the field continuously supporting his Crew Leaders and will be attending, in addition to the Project Manager, scheduled meetings with City officials.

GREAT SCOTT TREE SERVICE ORGANIZATION CHART
City of West
Covina
Section 5. STAFFING
Pg.31

KEY PERSONNEL
Scott P. Griffiths,
President / Founder
Professional Registration
ISA, Certified Arborist #WE-0901AM
ISA, Certified Municipal Arborist
ISA, Certified Urban Forest Professional
Mr. Griffiths founded Great Scott Tree Service, Inc. in 1976. As President, Scott oversees the complete operation of the company.

He is a Certified Arborist and long-standing member of the International Society of Arboriculture. Over the past 47 years, Scott has developed a successful company on the foundation of customer satisfaction, safe operations, and quality tree care.

Jason Wade
Chief Operating Officer
Jason Wade serves as the Chief Operating Officer of Great Scott Tree Service and will act as the backup Project Manager for the Moulton Niguel Water Disctrict contract. With over 25 years of operational leadership experience in municipal and commercial tree care, Jason oversees company-wide field operations, safety compliance, and quality control. Jason maintains oversight of all scheduling, staffing, and equipment logistics, and works closely with field supervisors to ensure projects are completed on time, within scope, and to the highest industry standards.

Jeanie Roulson,
Vice President of Internal Operations
Jeanie Roulson is our Director of Internal Operations. Her responsibilities include but are not limited to ensure that process and communication flow from customers to GSTS remain open and efficient and to ensure work is getting processed in a timely manner. She has been with GSTS for 15 years and her friendly, attentive, and timely manner make her a great asset to both us, and the clients that she serves.

Section 5. STAFFING
Pg.32

KEY PERSONNEL
Jaime Meza
Branch Manager
Professional Registration
ISA Certified Arborist #WE10874AT
HAA Certified Aerial Rescue Instructor, HAA Certified EHAP Certified FA/CPR-AED
Jaime brings over 30 years of industry experience and leads dayto-day field operations to ensure contract compliance across all service areas. As Branch Manager and Safety Coordinator, he is responsible for implementing jobsite safety protocols,
maintaining adherence to ANSI A300 and ISA standards, and delivering consistent work quality. Jaime plays a key role in supervising emergency response, field inspections, and crew coordination in accordance with City requirements.

Celestino Chavez,
Safety Manager
Professional Registration
Treecare Safety Professional (TCIA)
Celestino (Tino) Chavez has been with Great Scott since 2024.

Не comes with several years of experience as a safety manager.

However, safety has been a part of his life for the past 25 years.

He was a police officer for 16 years where safety was paramount.

Tino truly cares about the safety of our employees and ensures that they are provided with the tools and training to perform their jobs safely and efficiently.

Daniel Ruelas,
Lead Project Supervisor
Professional Registration
ISA, Certified Arborist + Tree Worker # WE-10688A
HAA Certified Aerial Rescue, HAA Certified EHAP
Certified FA/CPR-AED, Wildlife Certified, Traffic Control & Flagger Certified
Daniel has over 20 years of experience in the Tree Maintenance Industry. As the Lead Project Supervisor, it is his role to oversee all of the crews in the field and to ensure work is being completed to standards in a safe and efficient manner. As an ISA Certified Arborist, Daniel fully understands the requirements that are needed to ensure the health of trees.

Section 5. STAFFING
Pg.33

KEY PERSONNEL
Raudel Gutierrez,
Back-Up Project Supervisor
Professional Registration
ISA, Certified Arborist # WE-10588A
HAA Certified Aerial Rescue, HAA Certified EHAP
Certified FA/CPR-AED, Wildlife Certified, Traffic Control & Flagger Certified
Raudel has over 20 years of experience in the Tree Maintenance Industry. As the Backup Project Supervisor, it is his role to oversee all the crews in the field and to ensure work is being completed to standards in a safe and efficient manner in the unlikely event that Daniel is unavailable. As an ISA Certified Arborist, Raudel fully understands the requirements that are needed to ensure the health of trees.

Brenton Beller
Contract Administrator
Brent has been with Great Scott Tree Service, Inc. for 12 years.

He will oversee the review and execution of maintenance agreements, acquisition of all applicable certificates, bonds, licensing and permits required by the City. Ongoing duties will include monthly tracking of contract budgets, coordination of collaboration meetings, and progress reports to promote successful long-term partnerships.

Victoria Farias,
Municipal Production Manager
Victoria Farias is the Municipal Production Manager for Great Scott Tree Service and brings over 10 years of experience in production and scheduling management. She will work in close coordination with the assigned Project Supervisors to oversee the tracking, scheduling, and fulfillment of all City work requests.

Victoria is responsible for managing day-to-day scheduling, assigning crews, and maintaining direct communication with City staff regarding service timelines, access logistics, and work order status. Her collaborative approach ensures seamless alignment between field operations and administrative
coordination, helping to deliver reliable, on-time service.

EMPLOYEE TRAINING & DEVELOPMENT
Section 5. STAFFING
Pg.34

EMPLOYEE TRAINING & DEVELOPMENT
At Great Scott Tree Service, Inc., employee training is at the core of our service model and central to our ability to provide safe, consistent, and high-quality tree care operations. We have developed a comprehensive training program that combines formal instruction, field-based mentorship, certification support, and ongoing skills development to ensure that every team member is fully prepared to meet the demands of municipal tree maintenance.

Our training program is overseen by our in-house Safety Manger, Risk Manager, and ISA Certified Arborists, and is fully aligned with ANSI Z133 Safety Requirements, ANSI A300 Tree Pruning Standards, and the ISA Best Management Practices referenced throughout the City’s RFP. Training begins on day one with a structured onboarding process that includes:
• Introduction to company policies, jobsite protocols, and safety expectations • Hands-on training in equipment use, PPE requirements, and hazard recognition • Job-specific instruction for pruning, removals, and field documentation • Review of the City's specific expectations and safety protocols All field personnel receive ongoing instruction through multiple channels, including:
• Quarterly in-house safety and operations seminars at our Stanton facility • Bi-weekly tailgate safety meetings led by crew leaders and safety personnel • Field coaching sessions from Certified Tree Workers and Supervisors • Project-specific training for high-risk activities, such as crane removals or utility-adjacent work
• Instruction in traffic control, aerial lift safety, and emergency response protocols Training materials are drawn from ISA, TCIA, NAA Tailgate Safety Series, OSHA standards, and internally developed best practices manuals. These resources are routinely updated to reflect regulatory changes and lessons learned from incident reviews or field audits.

To ensure accountability and progress, we maintain detailed training records for each employee, documenting participation in courses, certifications earned, and any corrective actions or retraining required. Supervisors conduct routine field evaluations to assess crew adherence to safety procedures, technical quality, and client expectations. These evaluations feed directly into our Quality Control and Safety Review processes.

By investing heavily in structured, relevant, and recurring training, Great Scott Tree Service ensures that our workforce is not only qualified to meet the City of West Covina’s standards— but is also equipped to adapt, improve, and lead in the delivery of safe and effective urban forest management.

Section 5. STAFFING
Pg.35
Arvizu, Enrique 2103C Lopez, Paulino WE- -11337T
Cruz, Jose L. WE-11481T Ortiz, Jose L. WE-11038T
Escobedo, Jesus 859C WE-10824T Ruelas, Daniel WE-10688A Gonzalez, Ruben WE-12334T Vallejo, Jose WE-11077T
Gutierrez, Servando 2262C Vergara, Pablo WE-8279T
Arvizu, Enrique WE-10530A Hinshaw, Kirk WE-1475A
Cornish, Garrett WE11315A Mello, Chris WE-9501A
Griffiths, Scott WE-0901AM Meza, Jaime WE-10874AT
Gutierrez, Raudel WE-10588A Ruelas, Daniel WE-10688A
Gutierrez, Servando WE-11081AT Tran, Ba WE-6543A
EMPLOYEE CERTIFICATION - In addition to a strong foundation in safety and operational training, Great Scott Tree Service, Inc. is committed to the continued professional development of our workforce. We actively support employees in earning and maintaining certifications such as ISA Certified Arborist, ISA Certified Tree Worker, Pest Control Advisor, and Wildlife Aware. Many staff also hold specialized credentials in utility pruning, traffic control, and equipment operation. We offer tuition reimbursement, paid CEU time, and testing support to promote long-term growth and technical excellence. This depth of certification ensures service continuity, allowing qualified staff to step in seamlessly when needed. A list of certified personnel is provided below.

TCIA ACCREDITATION - Great Scott Tree Service is an accredited TCIA member and you’re your Celestino Chaves serves as our Certified Treecare Safety Professional (CTSP).

TCIA Accreditation is a third-party consumer confidence verification program administered by the Tree Care Industry Association (TCIA) – America’s oldest and most respected tree-care trade association. Accreditation helps consumers identify qualified tree care companies who conduct business in a safe, legal and ethical manner.

CERTIFIED ARBORISTS - The International Society of Arboriculture (ISA) through research, technology, and education, promote the professional practice of arboriculture and fosters a greater worldwide awareness of the benefits of trees. The ISA offers a rigorous program which our certified arborists have partaken in. It is vital to the health and wellness of urban forests to ensure that a certified arborist oversee the City of West Covina contract. Our arborists are required to accumulate a minimum of ten Continuing Education Units per year, which most of our arborist exceed. Below is a current list of our Certified Arborist’s.

CERTIFIED TREE WORKERS - The ISA also provides certification for tree workers to ensure strict standards and guidelines are set in place to ensure health and productive growth in trees across the country. Great Scott Tree Service, Inc. strictly trains and assigns certified tree workers to do all tree cutting for all our customers to ensure work is done to the highest standards. All of our Certified Tree Workers are required to have a minimum of six Continuous Education Units in order to educate themselves on any new requirements or changes. Below is the list of our Certified Tree Workers:
*AM denotes Certified Municipal Specialist
*AU denotes Certified Utility Specialist
Section 5. STAFFING
Pg.36
ADDITIONAL CERTIFICATIONS - Great Scott Tree Service is proud to employ a highly qualified team of professionals whose certifications reflect our commitment to industry best practices and compliance with the City of West Covina’s contract requirements. In addition to ISA Certified Arborists and Tree Workers, our staff holds specialized credentials that support safe, efficient, and standards-based execution of all services outlined in this RFP.

TCIA SAFETY PROFESSIONAL ISA MUNICIPAL ARBORIST
Chavez, Celestino Scott Griffiths WE-10642BA

ISA UTILITY ARBORIST ISA LINE CLEARANCE TREE WORKER
Enrique Arvizu Enrique Arvizu

ISA BOARD MASTER ARBORIST ISA URBAN FOREST PROFESSIONAL James Komen WE-9909B Scott Griffiths WE-9909B

CONSULTING ARBORISTS (ASCA) CA PEST CONTROL ADVISOR
James Komen No. 555 Paul Web 71020

QUALIFIED TREE RISK ASSESSOR CA PEST CONTROL APPLICATOR (QAL) Griffiths, Scott Agustin Dominguez 100829
Dominguez, Jose Paul Webb 96325
James Komen Chris Mello 145160
CONTROL DESIGN SPEC. (ATSSA) TRAFFIC CONTROL TECH. (ATSSA) Jaime Meza Jaime Meza

NCCCCO CRANE OPPERATOR TECHNICAL SUPPORT
John Mote Jordan Kim

AERIAL RESCUE CERTIFIED CPR/FIRST AID CERTIFIED
Employee Count: 53 Employee Count: 54

WILDLIFE CERTIFIED TRAFFIC CONTROL CERTIFIED
Employee Count: 22 Employee Count: 11

CONTRACTORS LICENSE
State of Certification: California
License Number: 556832
Business Name: Great Scott Tree Service
Classifications: C 49, C61/D49, B, C27
Expiration Date: 02/28/27

REGISTERED PUBLIC WORKS

CONTRACTOR
DIR Registration Number: 1000004820
Expiration Date: June 30, 2027
Section 6. SUBCONTRACTED SERVICES
Pg.37

EXCLUDED OR SUBCONTRACTED SERVICES
Great Scott Tree Service, Inc. (GSTS) is a full-service municipal tree care contractor with the equipment, personnel, and certifications to perform all core services required under the City of West Covina’s Scope of Services, including specialized plant healthcare and pest control treatments. We will self-perform all primary tree maintenance functions—such as pruning, removal, stump grinding, clearance trimming, debris hauling, emergency response, and plant healthcare—while maintaining full compliance with industry and regulatory standards.

In the interest of operational continuity, GSTS is prequalifying one subcontractor strictly as a backup resource for specialized tree pest control. This ensures that plant healthcare projects will never interrupt or delay our general tree maintenance operations, particularly during peak workload periods or in the event of concurrent service demands.

SUBCONTRACTOR INFORMATION
• Company Name: RPW Services, Inc.
• Address: 2473 E. Orangethorpe Avenue, Fullerton, CA 92873 • License No.: 942173
• Authorized Representative: Paul Webb
• Contact Number: (714) 870-6352
• Email Address: [email protected]
• DIR No.: 1000014072
• Function: Tree Pest Control (Backup Resource)
Qualifications & Professional Experience - RPW Services, Inc. has been in business since 1987, specializing in tree, landscape, turf, weed, aquatic, and health-related pest management (including mosquito and black fly control). Paul Webb has been a Plant Health Care provider since 1994 and holds a Pest Control Advisor (PCA) license since 1987. RPW employs 16 licensed applicators and 5 Advisors/ISA Certified Arborists, and utilizes a variety of application methods tailored to the specific pest and environmental conditions. Municipal experience includes tree pest management services for the City of Newport Beach and other public agencies.

By maintaining in-house capability for all services and prequalifying RPW as a backup, GSTS ensures uninterrupted service delivery, preserves quality control, and safeguards the City’s tree maintenance schedule under all circumstances.

Pg. 38
Section 7. LIST OF SIMILAR SERVICES
MUNICIPAL SERVICES - Great Scott
Tree Service, Inc. has over 25 years of
experience providing tree maintenance
services to municipalities throughout Los
Angeles and Orange Counties, including
cities with scopes of work nearly identical
to that of West Covina. Our work includes
cycle-based pruning programs, removals,
plantings, emergency response, and GPSbased inventory management—all supported by our proprietary TrimIT™
platform, which offers real-time tracking of
service history, budgets, and scheduling.

We have a strong history of successful, long-term contracts with public agencies and are highly familiar with the urban forestry needs, permitting processes, and community sensitivities unique to this region. The following pages highlights a sample of current and past contracts that demonstrate our qualifications and capabilities.

MUNICIPALITIES
• City of Aliso Viejo
• City of Anaheim
• City of Carmel Valley
• City of Carson
• City of Chula Vista
• City of Compton
• City of Cypress
• City of Fountain Valley
• City of El Monte
• City of El Segundo
• City of Hawthorne
• City of Irvine
• City of Laguna Niguel
• City of Lake Forest
• City of Long Beach
• City of Newport Beach
• City of Rosemead
• City of San Diego
• City of Santa Ana
• City of Seal Beach
• City of Stanton
• City of Westminster
• City of West Hollywood
• County of Orange
• County of San Diego
• City of San Diego
Metropolitan Water
Division
• Caltrans
• Golden State Water District
• Irvine Ranch Water District
• LA Metropolitan Transport
Authority (MTA)
• OC Water District
• OC Transportation
Authority
• Laguna Heights Recycled
Water Reservoir
• Moulton Niguel Water
District
• Los Angeles Convention
Center

EDUCATION
• Anaheim UHSD
• CSU Long Beach
• East Whittier CSD
• Irvine USD
• Magnolia USD
• Long Beach USD
• Mount Saint Mary’s
• UCI
• USC

COMMERCIAL
• Action PM
• BHE Management
• CBRE
• FirstService Residential
• Irvine Company
• Keystone PM
• Optimum PM
• Powerstone PM
• Seabreeze Management

PRIVATE
• Baldwin Hills Crenshaw
• Irvine Spectrum
• Gateway Corporate Center
• La Verne Business Park
• Long Beach Town Center
• Pelican Hill Golf & Resort
• Shady Canyon
• Newport Crest HOA
• Sundance HOA
Pg. 39
Section 8. REFERENCES
CONTRACTS: IN-PROCESS
PROJECT OWNER: City of Aliso Viejo
PROJECT NAME: Tree Maintenance Services
ANNUAL CONTRACT AMOUNT: $42,000
BASE TERM: July 1, 2021 – June 30, 2024
OPTION YEARS: (2) 1-Year Terms
CONTRACT END: June 30, 2026
PROJECT CONTACT: Quang Le
CONTACT TITLE: Associate Engineer
PHONE, FAX, EMAIL: 949.425.2531 / 949.425.3899 / [email protected] SCOPE OF WORK: Tree Maintenance Services for City Trees fifteen feet in height and over.

General 1 year trimming cycle with Palms and Olives trimmed two times per year at City Hall, Parks, Landscaped Medians, and Facilities throughout the City of Aliso Viejo.

PROJECT OWNER: City of Anaheim
PROJECT NAME: Tree Maintenance Services for ARMD East
CONTRACT NUMBER: MA #106-498310
ANNUAL CONTRACT AMOUNT: $347,652.00/Year
BASE TERM: March 1, 2025 – February 28, 2026
OPTION YEARS: (4) 1-Year Terms
CONTRACT END: February 28, 2030
PROJECT CONTACT: Dianne Rasmussen, Operations Supervisor PHONE, FAX, EMAIL: 714.936-4971 / [email protected] SCOPE OF WORK: Tree Maintenance, care, and GIS inventory management services for the 3,510 trees at the Anaheim Resort Maintenance District. Prune all palm trees twice a year and broadleaf trees once a year. Pines and Eucalyptus in the winter (November-February). Palms and other canopy trees in the fall (August to October). Remove broken or diseased branches and dead palm fronds while promoting proper tree scaffolding, strength, and appearance consistent with the tree’s intended use.

PROJECT OWNER: City of Cypress
PROJECT NAME: Citywide Tree Maintenance Services
ANNUAL CONTRACT AMOUNT: $275,000/Year
BASE TERM: July 1, 2023 – June 30, 2026
OPTION YEARS: (3) 1 Year Terms
CONTRACT END: June 30, 2029
PROJECT CONTACT: Jose Guerra, Maintenance Superintendent PHONE, FAX, EMAIL: 714.229.6760 / [email protected] SCOPE OF WORK: Provide annual services for maintenance, trimming, removal, replacement, and GPS inventory updates / management of over 14,000 sites within the City’s Community Forest.

Pg. 40
Section 8. REFERENCES
PROJECT OWNER: City of Fountain Valley
PROJECT NAME: Tree Maintenance Services
CONTRACT NUMBER: 21-19
ANNUAL CONTRACT AMOUNT: $335,500
BASE TERM: July 1, 2021 – June 30, 2023
OPTION YEARS: (2) 2-Year Terms
CONTRACT END: June 30, 2027
PROJECT CONTACT: Martin Guillen
CONTACT TITLE: Landscape Inspector
PHONE, FAX, EMAIL: 714.593.4612 / [email protected] SCOPE OF WORK: Provide tree maintenance services for the City in pre-designated areas of the City. Work areas include, but are not limited to, parkways, arterial medians, right-of-ways, parks, civic facilities, sloped areas, and nature trails. Tree maintenance shall consist of, but not be limited to Trimming, Tree and Stump Removal, Tree Planting, GPS Tree Inventory Management and Emergency Tree Services of the ~12,000 trees within the City on a general 3-year cycle.

PROJECT OWNER: City of Irvine
PROJECT NAME: Tree Maintenance in the City of Irvine
CONTRACT NUMBER: IFB 22-3183
ANNUAL CONTRACT AMOUNT: $3,099,650/Year
BASE TERM: September 1, 2022 – August 31, 2026
OPTION YEARS: (4) 1-Year Terms
CONTRACT END: August 31, 2030
PROJECT CONTACT: Aaron Reece
CONTACT TITLE: Landscape Maintenance Supervisor
PHONE, FAX, EMAIL: 949.724.7619 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal and replacement of trees as needed, as well as GIS inventory management of the ~57,500 trees within the City’s urban forest.

PROJECT OWNER: City of Long Beach
PROJECT NAME: Tree Trimming Services for Parks, Marina, Beach, and Open Space
CONTRACT NUMBER: PR19-126
ANNUAL CONTRACT AMOUNT: $970,025.00/Year
BASE TERM: April 1, 2020 – March 31, 2022
OPTION YEARS: (3) 1-Year Options
CONTRACT END: March 31, 2025
PROJECT CONTACT: Jeffrey King
CONTACT TITLE: Park Maintenance Supervisor
PHONE, FAX, EMAIL: 562.570.1592 / 562.570.8535 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal, and replacement of trees within Parks (163 Sites), Beach Areas (7 Sites), Marinas (9 Sites), and MTA Right-of-Way (Various Sites). Maintain and update the Cities GIS inventory of ~36,000 trees within the City Parks.

Pg. 41
Section 8. REFERENCES
PROJECT OWNER: City of Newport Beach
PROJECT NAME: Tree Maintenance / Service Agreement
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $1,747,556/Year
BASE TERM: November 13, 2013 – June 30, 2024
OPTION YEARS: (3) 2-Year Periods
CONTRACT END: June 30, 2030
PROJECT CONTACT: John Nelson
CONTACT TITLE: City Arborist
PHONE, FAX, EMAIL: 949.644.3197 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal and replacement of trees as needed, and provide GIS inventory management of the estimated 35,000 trees within the City’s urban forest.

PROJECT OWNER: City of San Clemente
PROJECT NAME: Annual Tree Maintenance Services
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $370,619.00/Year
BASE TERM: January 1, 2025 – June 30, 2027
OPTION YEARS: (2) 1-Year Terms
CONTRACT END: June 30, 2029
PROJECT CONTACT: Brian Fields, Maintenance & Operations Supervisor PHONE, FAX, EMAIL: 949.361.8342 / [email protected] SCOPE OF WORK: Provide services to maintain the over 15,000 City-owned trees, primarily trimming about 3,500 trees annually and providing appropriate clean up and recycling and/or disposal of generated green waste. Other services include tree removal and planting, root pruning and root barrier installation, tree and stump removal, GIS tree inventory and management, emergency on-call tree services and Certified Tree Arborist service PROJECT OWNER: City of Westminster
PROJECT NAME: Tree Maintenance/Service Agreement FY 16/17 CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $189,968
BASE TERM: July 1, 2023 – June 30, 2024
OPTION YEARS: (4) 1-Year Options
CONTRACT END: June 30, 2028
PROJECT CONTACT: Brad Wade
CONTACT TITLE: Public Works Supervisor
PHONE, FAX, EMAIL: (714) 714-0052 / [email protected] SCOPE OF WORK: Provide services for the annual maintenance and GIS inventory management of the 6,200 Trees & Palms citywide. Remove annually 85 Trees & Palms, and Plant 55 Trees & Palms at various locations throughout the city.

Section 8. REFERENCES
Pg. 42
PROJECT OWNER: California State University, Long Beach
PROJECT NAME: Tree Trimming Services Campus-Wide
CONTRACT NUMBER: CSULB2022MYR0953
ANNUAL CONTRACT AMOUNT: $250,000 / Year
BASE TERM: December 16, 2022 – December 15, 2025
OPTION YEARS: (2) 1-Year Periods
CONTRACT END: December 15, 2027
PROJECT CONTACT: Brent Tickel
CONTACT TITLE: Manager of Grounds and Landscaping Services PHONE, EMAIL: 562.985.8163, [email protected]
SCOPE OF WORK: Provide annual Tree Maintenance Services for, trimming, removal, replacement, and GIS Inventory software and management of over 5,000 tree sites within the Campus’ facilities, housing, and parking districts.

PROJECT OWNER: Moulton Niguel Water District
PROJECT NAME: Annual Tree Maintenance Services
CONTRACT NUMBER: OM17-18.024
ANNUAL CONTRACT AMOUNT: $418,420
BASE TERM: October 1, 2022 - September 30, 2025
OPTION YEARS: NA
CONTRACT END: September 30, 2025
PROJECT CONTACT: Dan West
CONTACT TITLE: Superintendent of Operations
OFFICE, FAX, EMAIL: 949.831.2500 / NA / [email protected]
SCOPE OF WORK: Provide annual tree maintenance for approximately 3,500 trees at 33 sites throughout the MNWD service area. Services include tree pruning, removal, replacement, and installation, as well as additional specialty or emergency services at facilities. GSTS also maintains the GIS tree inventory which includes and web based management system available to city staff 24/7.

PROJECT OWNER: The Irvine Company : Retail
PROJECT NAME: Tree Pruning Services
CONTRACT NUMBER: MSA-0001002023
ANNUAL CONTRACT AMOUNT: $375,000.00
BASE TERM: January 1, 2023 – December 31, 2026
OPTION YEARS: NA
CONTRACT END: December 31, 2026
PROJECT CONTACT: Anthony Terusa
CONTACT TITLE: Landscape Director
PHONE, FAX, EMAIL: 949-720-2713 / [email protected] SCOPE OF WORK: Consists of the Aesthetic Pruning, raising, removing, planting, skinning / pineapple, sounding, and treatment of the ~11,750 trees maintained within Retail Property Portfolio
Section 8. REFERENCES
Pg. 43
CONTRACTS: COMPLETED PAST 5 YEARS
PROJECT OWNER: City of Anaheim
PROJECT NAME: Tree Maintenance Services for ARMD West & ACC CONTRACT NUMBER: MA #106-492108
ANNUAL CONTRACT AMOUNT: $485,885.07/Year
BASE TERM: September 1, 2018 – August 31, 2019
OPTION YEARS: (4) 1-Year Terms
CONTRACT END: August 31, 2023
PROJECT CONTACT: Dianne Rasmussen, Operations Supervisor PHONE, FAX, EMAIL: 714.936-4971 / [email protected] SCOPE OF WORK: Tree Maintenance, care, and inventory services for the 3,510 trees at the Anaheim Resort and the Anaheim Convention Center. Prune all trees once a year. Pines and Eucalyptus in the winter (November-February). Palms and other canopy trees in the fall (August to October). Remove broken or diseased branches and dead palm fronds while promoting proper tree scaffolding, strength, and appearance consistent with the tree’s intended use.

PROJECT OWNER: City of Cypress
PROJECT NAME: Citywide Tree Maintenance Services
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $243,500/Year
BASE TERM: July 1, 2017 – June 30, 2020
OPTION YEARS: (3) 1 Year Terms
CONTRACT END: June 30, 2023
PROJECT CONTACT: Jose Guerra, Maintenance Superintendent PHONE, FAX, EMAIL: 714.229.6760 / [email protected] SCOPE OF WORK: Provide annual services for maintenance, trimming, removal, replacement, and GPS inventory updates / management of over 14,000 sites within the City’s Community Forest.

PROJECT OWNER: City of Cerritos
PROJECT NAME: Cerritos Parkway Tree Maintenance
CONTRACT NUMBER: 1310-17
ANNUAL CONTRACT AMOUNT: $554,795.00
BASE TERM: October 9, 2017 – June 30, 2018
OPTION YEARS: 1-Year Term
CONTRACT END: June 30, 2019
PROJECT CONTACT: Todd Kuh
CONTACT TITLE: Parks Superintendent
PHONE, FAX, EMAIL: 562.916.1224 / [email protected]
SCOPE OF WORK: Provide grid trimming of 2,590 trees for Districts 14, 19, & 20 and remove 398 arterial and residential trees throughout the city. Provide as needed annual services for maintenance, trimming, removal, replacement, and GPS inventory updates.

Section 8. REFERENCES
Pg. 44
PROJECT OWNER: City of Hawthorne
PROJECT NAME: Street Tree Trimming - 3 Year Contract
CONTRACT NUMBER: 16-04
ANNUAL CONTRACT AMOUNT: $172,000
BASE TERM: April 3, 2017 - April 2, 2020
OPTION YEARS: NA
CONTRACT END: April 2, 2020
PROJECT CONTACT: Bill Gerten
CONTACT TITLE: Parks Supervisor
PHONE, FAX, EMAIL: (310) 349-2980 / [email protected] SCOPE OF WORK: Provide annual services for excavation and removal of existing trees, Planting, Trimming and Pruning throughout various locations within the city.

PROJECT OWNER: City of Irvine
PROJECT NAME: Windrow Tree Removals
CONTRACT NUMBER: Bid No. 21-2898
ANNUAL CONTRACT AMOUNT: $791,200.00
BASE TERM: March 15,2021 – March 31, 2022
OPTION YEARS: No
CONTRACT END: March 31, 2022
PROJECT CONTACT: Aaron Reece
CONTACT TITLE: Landscape Maintenance Supervisor
PHONE, FAX, EMAIL: [email protected]
SCOPE OF WORK: The work to be performed shall include, but not be limited to: Tree maintenance in the City of Irvine, providing all labor, supervision, equipment, materials and supplies needed for Windrow tree removals in the City of Irvine. The Work shall be performed in accordance with the Standard Specifications for Public Works Construction, City of Irvine Standards and Design Manual.

PROJECT OWNER: City of Irvine
PROJECT NAME: Tree Maintenance in the City of Irvine
CONTRACT NUMBER: IFB 15-1146
ANNUAL CONTRACT AMOUNT: $1,835,000
BASE TERM: July 1, 2016 - June 30, 2020
OPTION YEARS: (1) 2-Year Option
CONTRACT END: September 30, 2020
PROJECT CONTACT: Casey Gnadt
CONTACT TITLE: Landscape Maintenance Supervisor
PHONE, FAX, EMAIL: 949.724.7621 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal and replacement of trees as needed, as well as maintain GPS inventory of the ~57,500 trees within the City’s urban forest.

Section 8. REFERENCES
Pg. 45
PROJECT OWNER: City of Laguna Niguel
PROJECT NAME: On-Call Citywide Tree Maintenance
CONTRACT NUMBER: RFP 2021-010
ANNUAL CONTRACT AMOUNT: $222,000.00/Year
BASE TERM: January 1, 2021 – June 30, 2023
OPTION YEARS: (2) 1-Year Terms
CONTRACT END: June 30, 2025
PROJECT CONTACT: Scott Frame
CONTACT TITLE: Parks and Landscape Maintenance Sup.

PHONE, FAX, EMAIL: 949-362-4344 / 949-795-1537 / [email protected] SCOPE OF WORK: Provide services for Tree Trimming of ~725 trees within Right-of-Way, Parks and City Hall areas in various locations throughout the city. Provide as-needed Tree Removal and Inspection services for a period of one year.

PROJECT OWNER: City of Laguna Woods
PROJECT NAME: City of Laguna Woods
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $56,000
BASE TERM: April 1, 2023 – March 31, 2024
OPTION YEARS: NA
CONTRACT END: March 31, 2024
PROJECT CONTACT: April Baumgarten
CONTACT TITLE: Maintenance Programs Analyst
PHONE, FAX, EMAIL: 949.639.0515 / 949.639.0591 / [email protected] SCOPE OF WORK: Provide annual services for Tree Trimming of ~725 trees within Right-ofWay, Parks and City Hall areas in various locations throughout the city. Provide as-needed Tree Removal, Inspection & GPS services.

PROJECT OWNER: City of Lake Forest
PROJECT NAME: Agreement for Tree Maintenance Services
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $419,799.00
BASE TERM: July 1, 2017 – June 30,2020
OPTION YEARS: (2) 1-Year Options
CONTRACT END: June 30, 2022
PROJECT CONTACT: K Yoshino
CONTACT TITLE: Facilities Supervisor
PHONE, FAX, EMAIL: 949.461.3427 / [email protected] SCOPE OF WORK: Annual services for maintenance of trees within facilities, medians, roadsides, parks, parkways, and trail areas in various locations throughout the city. Maintain and update the Cities GPS inventory of ~13,525 trees within the city.

Section 8. REFERENCES
Pg. 46
PROJECT OWNER: City of Long Beach
PROJECT NAME: Tree Trimming Services for Parks, Recreation & Marine CONTRACT NUMBER: ITB PR15-095
ANNUAL CONTRACT AMOUNT: $885,500.00
BASE TERM: September 10, 2015 – September 22, 2017
OPTION YEARS: (2) 1-Year Options (Extension: Amendment No. 6) CONTRACT END: March 31, 2020
PROJECT CONTACT: Jeffrey King
CONTACT TITLE: Contract Monitor
PHONE, FAX, EMAIL: 562.570.1592 / 562.570.8535 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal, and replacement of trees within Parks (163 Sites), Beach Areas (7 Sites), Marinas (9 Sites), and MTA Right-of-Way (Various Sites). Maintain and update the Cities GPS inventory of ~36,000 trees within the City Parks.

PROJECT OWNER: City of Seal Beach
PROJECT NAME: Maintenance Services Agreement
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $132,680.00
BASE TERM: July 1, 2013 – June 30, 2016
OPTION YEARS: (2) 1 Year Terms
CONTRACT END: June 30, 2018
PROJECT CONTACT: Joseph Talarico
CONTACT TITLE: City Arborist
PHONE, FAX, EMAIL: 562.431.2527 / [email protected] SCOPE OF WORK: Provide services for the annual maintenance of 6,500 Trees, Palms, and anticipated removal within the City’s Urban Forest
PROJECT OWNER: City of Westminster
PROJECT NAME: Tree Maintenance/Service Agreement FY 16/17 CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $156,000
BASE TERM: July 1, 2018 – June 30, 2019
OPTION YEARS: (4) 1-Year Options
CONTRACT END: June 30, 2023
PROJECT CONTACT: Brad Wade
CONTACT TITLE: Public Works Supervisor
PHONE, FAX, EMAIL: (714) 714-0052 / [email protected] SCOPE OF WORK: Provide services for the annual maintenance and GPS inventory of 6,200 Trees & Palms. Remove annually 85 Trees & Palms, and Plant 55 Trees & Palms at various locations throughout the city.

Section 8. REFERENCES
Pg. 47
LETTER OF RECOMMENDATION: CITY OF IRVINE
Section 8. REFERENCES
Pg. 48
LETTER OF RECOMMENDATION: CITY OF LONG BEACH
Section 8. REFERENCES
Pg. 49
LETTER OF RECOMMENDATION: CITY OF NEWPORT BEACH
Section 8. REFERENCES
Pg. 50
LETTER OF RECOMMENDATION: CITY OF WESTMINSTER
Section 12. OTHER INFORMATION
Pg.54

URBAN FOREST PLANNING AN DESIGN SERVICES
Great Scott Tree Service, Inc. (GSTS) has reviewed the Fee Schedule Line Item 50 regarding the Creation of an Urban Forest Management Plan (UFMP). While GSTS possesses the expertise, resources, and experience necessary to develop a comprehensive UFMP—including conducting inventories, condition assessments, maintenance planning, pest management strategies, and stakeholder engagement—the scope of work for this line item was not sufficiently defined within the RFP documents to allow for the development of an accurate lump sum price.

The City’s Q&A response stated: “If this is not a service that a bidder regularly provides, please leave the space blank.” GSTS wishes to clarify that this is a service we can and do provide, but due to the absence of clearly defined geographic boundaries, inventory criteria, required detail levels, management activity ranges, timeframes, and regulatory considerations, it would be speculative and potentially inaccurate to submit a fixed cost at this time.

Should the City elect to pursue the creation of an Urban Forest Management Plan during the term of this contract, GSTS would welcome the opportunity to work closely with City staff to establish a mutually agreed-upon scope of work and provide a detailed, competitive proposal at that time. This approach ensures that the City receives a plan that is comprehensive, costefficient, and fully aligned with its objectives.

In contrast, GSTS has priced Fee Schedule Line Item 48 (Creation of Street Tree Palette) and Line Item 49 (Creation of Street Tree Planting Plan) at $0 as a complimentary, value-added service to the City. We were able to do this because the scope of these plans is more reasonable and predictable in terms of the time investment required. By including these services at no cost, GSTS reinforces our commitment to being a proactive partner in the stewardship, beautification, and long-term sustainability of West Covina’s Urban Forest.

City of West Covina Request for Proposals

ATTACHMENT A

STATEMENT OF NON-COLLUSION BY CONTRACTOR

City of West Covina Request for Proposals

ATTACHMENT B

SUBCONTRACTOR CAMPAIGN CONTRIBUTION ACKNOWLEDGEMENT FORM (IF APPLICABLE)

City of West Covina Request for Proposals

ATTACHMENT C
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
How to Search Exclusion Information
• Select “Search” from the header menu from any page on SAM.gov • In the filters, under “Select Domain,” select “Entity Information, then select “Exclusions.”
• Use the filters or keyword box to enter search criteria and see your results • See sample on next page

City of West Covina Request for Proposals

City of West Covina Request for Proposals
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION

SAM.gov Registration Status Statement
Great Scott Tree Service, Inc. is currently registered in the SAM.gov database under the following information:
- Entity Name: Great Scott Tree Service, Inc.
- Unique Entity ID: L3QNXZRDQC97
- Physical Address: 10761 Court Ave, Stanton, CA 90680-2435, USA Our registration is presently inactive due to administrative access issues. We are actively working with SAM.gov to reassign account management credentials following a change in company personnel. This process is underway, and our account will be reactivated as soon as SAM.gov verification is complete.

Status: Pending Verification

EXHIBIT D: FORM W-9
Pg.96
FORM W-9

ADDENDUM TO RFP DOCUMENTS
Public Works
Department
Page | 97

REQUEST FOR PROPOSAL

TREE TRIMMING AND TREE MAINTENANCE SERVICES
Addendum No.: 1
RFP Number: 2026-01
Date of Addendum: July 28, 2025
Issued by: City of West Covina

SCOPE OF ADDENDUM
This addendum details the additions/revisions to the RFP Revision 1 – CHANGE/ADD

Add: Attachment I – DIR Number Request and Certification Form

Change from: (Attachment K)
Change to: (Attachment J)

Add: DIR Number Request and Certification form must be submitted with the bid. (Attachment I)

Change from: (Attachment K)
Change to: (Attachment J)

Change from:

SAMPLE AGREEMENT
Change to:

DIR NUMBER REQUEST AND CERTIFICATION FORM

Add: ATTACHMENT J - DIR NUMBER REQUEST AND CERTIFICATION FORM (divider sheet)

SAMPLE AGREEMENT (follows Attachment J divider sheet)

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1 West Coast Arborists, Inc.

Tree Trimming and Tree Maintenance Services

MAINTENANCE SERVICES AGREEMENT

BETWEEN

CITY OF WEST COVINA
AND
WEST COAST ARBORISTS, INC.

FOR

TREE TRIMMING AND TREE MAINTENANCE SERVICES
THIS MAINTENANCE SERVICES AGREEMENT is made and entered into as of January 1, 2026 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and WEST COAST ARBORISTS, INC., a California corporation (“Contractor”).

RECITALS
A. City proposes to utilize the services of Contractor as an independent contractor to City to provide tree trimming and tree maintenance services, as more fully described herein; and B. Contractor represents that it has the experience and expertise to properly perform such services and holds all necessary licenses to practice and perform the services; and C. City and Contractor desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and
E. Contractor responded to City’s Request for Proposals No. 2026-01 dated July 10, 2025, incorporated via this reference as if fully set forth herein, and Contractor’s response to the Request for Proposals was a material inducement to the City ultimately entering into this Agreement; and
E. City’s City Council authorized the Acting City Manager to execute this Agreement at its November 4, 2025 meeting.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONTRACTOR

1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A,” and Contractor’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Prevailing Wage Requirements.
(a) Prevailing Wage Laws. Contractor is aware of the requirements of Chapter 1 (beginning at Section 1720 et seq.) of Part 7 of Division 2 of the California Labor Code, as well as Title 8, Section 16000 et seq. of the California Code ATTACHMENT NO. 11
2 West Coast Arborists, Inc.

Tree Trimming and Tree Maintenance Services
of Regulations (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. This project is a “public works” project and requires compliance with the Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
(b) Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted from the general prevailing wage determinations, Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is incorporated into this Agreement as if fully set forth herein. Contractor shall post a copy of such wage rates at all times at the project site(s). (c) Legal Working Day. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of the Labor Code regarding eight (8)-hour workday and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Work performed by Contractor’s or any subcontractor’s employees in excess of eight (8) hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight (8) hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City Twenty-Five Dollars ($25.00), or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work more than eight (8) hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code.
(d) Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5.
(e) Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or any subcontractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of 3 West Coast Arborists, Inc.

Tree Trimming and Tree Maintenance Services
Sections 1771, 1881, and 1815 of the Labor Code for any work performed by his or her employees on this project. The payroll records shall be certified and shall be available for inspection at all reasonable hours in accordance with the requirements of Labor Code Section 1776. (f) Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the DIR.

1.3. Performance Standards; Liquidated Damages.
(a) Performance Standards. Contractor’s performance of the work to be performed pursuant to this Agreement will be continuously evaluated by the Public Works Department. The methods and standards by which Contractor’s performance will be evaluated include, but are not limited to, reviewing, sampling, conducting inspections, surveying, and assessing complaints.

Failure to perform work in accordance with the specifications of this Agreement is considered unacceptable. The Public Works Director, or his/her designee, may provide notice to Contractor of any deficiency, any incident of failure to comply with the specifications set forth in this Agreement or any other unsatisfactory performance.

Contractor shall immediately correct any deficiency, incident of failure to comply with the specifications, or unsatisfactory performance and shall explain to the Public Works Director, or his/her designee, in writing within seven (7) working days from the date of receipt of the notice of the deficiency, incident, or other unsatisfactory performance, how and when the performance will be returned to acceptable levels and Contractor’s plans to ensure the unsatisfactory performance will be prevented in the future. After considering the deficiency, incident, or unsatisfactory performance, the Public Works Director, or his/her designee, may excuse the deficiency, incident, or unsatisfactory performance or elect any remedy provided by this Agreement.
(b) Liquidated Damages.
(i) If Contractor fails to meet specified performance requirements, the City may, in lieu of other remedies provided by law or this Agreement, assess liquidated damages in the amounts set forth herein and deduct them from the next monthly payment to Contractor. However, neither the provision of a sum of liquidated damages for nonperformance or inadequate performance nor the City’s acceptance of liquidated damages shall be construed to waive the City’s right to reimbursement for damage to its property or indemnity against third party claims.
(ii) The amounts of liquidated damages set forth herein have been set in recognition of the following circumstances existing at the time of 4 West Coast Arborists, Inc.

Tree Trimming and Tree Maintenance Services
formation of this Agreement:
(1) All the time limits and acts required to be performed by Contractor are of the essence of this Agreement;
(2) Contractor is experienced in the performance of the work required by this Agreement;
(3) The Agreement contains a reasonable statement of the work to be performed in order that the expectations of the parties are realized. The expectation of City is that the work will be performed with due care in a workmanlike, competent, timely, and cost-efficient manner while the expectation of Contractor is a realization of a profit through the ability to perform the work in accordance with the terms and conditions of this Agreement at the prices set forth in the fee schedule;
(4) The parties are not under any compulsion to contract; (5) Contractor’s acceptance of the assessment of liquidated damages against it for unsatisfactory and late performance is by agreement and willingness to be bound as part of the consideration being offered in connection with award of this Agreement to Contractor; and
(6) The liquidated damages specified herein represent a fair approximation of the damages the City would incur as a result of Contractor’s failure to meet the performance standard as to each item for which an amount of liquidated damages is
specified.
(iii) Liquidated damages will be assessed as follows:
(1) Contractor shall pay City or City may withhold and deduct from monies due Contractor liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) for each calendar day that Contractor fails to complete work in accordance with the agreed upon work schedule. City will notify Contractor in writing of a failure to provide services in accordance with the work schedule.
(2) If Contractor fails to meet any specification identified in Exhibit A, City will notify Contractor in writing of such failure. Contractor shall cure the failure within seventy-two (72) hours of receipt of such notice. If such failure is not corrected within such seventytwo (72) hour period, Contractor shall pay City or City may withhold and deduct from monies due Contractor liquidated damages in the amount of Two Hundred Fifty Dollars ($250.00) per failure identified by City, per occurrence. City will assess liquidated damages in the amount of Two Hundred Fifty Dollars 5 West Coast Arborists, Inc.

Tree Trimming and Tree Maintenance Services
($250.00) per failure identified for each calendar day the failure continues until the performance failure is corrected to the City’s satisfaction.
(3) In addition to the amounts set forth above, the City may impose remedies in accordance with the Performance Requirements Summary, attached hereto as Exhibit “D” and incorporated herein, if the performance criteria detailed therein is not met to acceptable standards as determined by the Public Works
Director or his/her designee.

1.4. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.5. Compliance with Applicable Law. Contractor shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor’s performance under this Agreement.

1.6. Non-Discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code.

1.7. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.8. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, 6 West Coast Arborists, Inc.

Tree Trimming and Tree Maintenance Services
pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

2.0. COMPENSATION AND BILLING

2.1. Compensation. City agrees to pay Contractor in accordance with the fee schedule set forth in Exhibit “C,” attached hereto and incorporated herein (“Fee Schedule”). Contractor’s total compensation shall not exceed Three Million Six Hundred Twenty-Three Thousand One Hundred Forty-Six Dollars ($3,623,146.00), as follows:
(a) For the period commencing January 1, 2026 and ending June 30, 2026, Contractor’s total compensation shall not exceed Three Hundred Fifteen Thousand, Two Hundred Fifty Dollars ($315,250.00).
(b) For the period commencing July 1, 2026 and ending June 30, 2027, Contractor’s total compensation shall not exceed Six Hundred Thirty Thousand, Five Hundred Dollars ($630,500.00).
(c) For the period commencing July 1, 2027 and ending June 30, 2028, Contractor’s total compensation shall not exceed Six Hundred Thirty Thousand, Five Hundred Dollars ($630,500.00).
(d) For the period commencing July 1, 2028 and ending June 30, 2029, Contractor’s total compensation shall not exceed Six Hundred Fifty-Five Thousand, Seven Hundred Twenty Dollars ($655,720.00).
(e) For the period commencing July 1, 2029 and ending June 30, 2030, Contractor’s total compensation shall not exceed Six Hundred Eighty-One Thousand, Nine Hundred Forty-Eight Dollars and Eighty Cents ($681,948.80). (f) For the period commencing July 1, 2030 and ending June 30, 2031, Contractor’s total compensation shall not exceed Seven Hundred Nine Thousand, Two Hundred Twenty-Six Dollars and Seventy-Five Cents ($709,226.75).

2.2. Amendments to the Scope of Services. The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the Scope of Services or to omit portions of the work so described as may be deemed necessary or expedient by the City. Contractor may also request alterations, modifications or deviations from the work described in the Scope of Services by submitting a written request to the City detailing the requested alteration, modification, or deviation and the basis therefor and the proposed increase or decrease to Contractor’s compensation that would result from such alteration, modification or deviation. City will pay Contractor for approved additional services in accordance with the Fee SChedule.

Contractor acknowledges and agrees that additional services must be approved in writing by the City Manager. Any requested alteration, modification, or deviation requires prior written approval 7 West Coast Arborists, Inc.

Tree Trimming and Tree Maintenance Services
of the City. Any changes to the Scope of Services will be memorialized in an amendment to this Agreement executed by the City Manager and Contractor. It is specifically understood that oral requests and/or approvals of such changes to the Scope of Services shall be barred and are unenforceable.

2.3. Rate Increases. Commencing on July 1, 2028, Contractor may increase Contractor’s hourly rates on an annual basis in an amount equal to the 12-month percentage change in the Consumer Price Index for all Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area as reported by the Bureau of Labor Statistics, provided that no annual increase to the hourly rates shall exceed four percent (4.0%). The change in CPI-U will be calculated based on the 12-month percentage change in CPI-U from March to March. If Contractor desires to increase the hourly rates as set forth herein, Contractor shall provide written notice to the City on or before June 1, which notice shall include reference to the CPI index, the percentage change in the CPI-U, and the revised hourly rates based on such CPI increase. If written notice is submitted as required herein, the annual increase will go into effect on July 1. No increase to the hourly rates will be retroactive.

2.4. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor’s services which have been completed to City’s sole satisfaction. City shall pay Contractor’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed and the date of performance. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.5. Records and Audits. Records of Contractor’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Contractor shall commence work on January 1, 2026. Contractor shall perform all services in strict compliance with the maintenance schedule agreed to by City and Contractor, which may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and Contractor. Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2031, unless previously terminated as provided herein or as otherwise agreed 8 West Coast Arborists, Inc.

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to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on Contractor, if the latter should:
a. Be adjudged bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of Contractor, whichever occurs last.

Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of 9 West Coast Arborists, Inc.

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termination, at no cost to City.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence, Ten Million Dollars ($10,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, Contractor certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of Contractor to comply with this section.
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(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement. Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) If required to meet the limits specified herein, umbrella or excess liability insurance with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
(i) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
(ii) “Pay on behalf of” wording as opposed to “reimbursement”; (iii) Concurrency of effective dates with primary policies.

If Contractor obtains and maintains an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

If Contractor maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of Contractor pursuant to its agreement with the City; products and completed operations of Contractor; premises owned, occupied or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: Contractor’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of 11 West Coast Arborists, Inc.

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West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) 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.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require 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 self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of 12 West Coast Arborists, Inc.

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Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement.

Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by Email; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONTRACTOR: IF TO CITY:

Merchants Landscape Services, Inc.
1510 S. Lyon St.

Santa Ana, CA 92705
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: (714) 972-8200 Tel: (626) 939-8458
Email: [email protected]
Attn: Patrick Healy
Email: [email protected]
Attn: Public Works Director

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.

Regardless of City’s consent, no subletting or assignment shall release Contractor of Contractor’s obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Contractor agrees to defend, with counsel of City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor’s sole expense, from and against any and all 13 West Coast Arborists, Inc.

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claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Contractor’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to 14 West Coast Arborists, Inc.

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any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.12. Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.

6.13. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor.

Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.14. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.

6.15. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.16. Costs. Each party shall bear its own costs and fees incurred in the preparation 15 West Coast Arborists, Inc.

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and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.17. No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.18. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.19. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.20. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.21. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.22. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.23. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures.

6.24. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
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6.25. Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________
Lisa Sherrick
Assistant City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
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APPROVED AS TO INSURANCE:
__________________________________
Karen Ogawa
Finance Director

EXHIBIT A

SCOPE OF SERVICES
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]

EXHIBIT B
CONTRACTOR’S PROPOSAL
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]

EXHIBIT C

FEE SCHEDULE
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]

EXHIBIT D

PERFORMANCE REQUIREMENTS SUMMARY
[TO BE INSERTED FOLLOWING CITY COUNCIL APPROVAL.]