HomeMy WebLinkAbout0009_2_West Coast Arborists - Exhibit A AgreementAMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES
West Coast Arborists, Inc.
Annual Citywide Tree Maintenance Services
This Amendment No. 1 to Agreement for Contractor Services (“Amendment No. 1”) is made and
entered into as of July 1, 2016 by and between the City of Lake Elsinore, a municipal corporation (“City),
and West Coast Arborists, Inc., a California corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services
dated as of June 23, 2015 (the “Original Agreement”). Except as otherwise defined herein, all capitalized
terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount not to
exceed $85,000 for the term ending June 30, 2016. The Original Agreement allows the City to extend the
term on a 12-month basis, not to exceed four (4) additional 12 month renewals.
C. The parties now desire to extend the term for additional 12-month period for such services
as set forth in this Amendment No. 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
City and Contractor agree as follows:
1. Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the
following:
Unless earlier terminated as provided in the Original Agreement, Amendment No.
1 shall continue in full force and effect for a period of twelve (12) months,
commencing on July 1, 2016 and ending on June 30, 2017. The City may, at its
sole discretion, extend the term of the Agreement on a 12-month basis not to
exceed three (3) additional twelve (12) month renewal terms by giving written
notice thereof to Contractor not less than thirty (30) days before the end of the
contract term, such notice to be exercised by the City Manager.
2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its
entirety as follows:
Compensation to be paid to Contractor shall be in accordance with the fees set
forth in Contractors’ Proposal, attached as Exhibit A to the Original Agreement
and incorporated herein.
In no event shall Contractor’s compensation related to Amendment No. 1 for Fiscal
Year 2016-2017 exceed One Hundred Fifteen Thousand Dollars ($250,000)
without additional written authorization from the City.
Notwithstanding any provision of Contractor’s Proposal to the contrary, out of
pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement shall not
be deemed a waiver of defects, even if such defects were known to the City at the
time of payment.
3. Except for the changes specifically set forth herein, all other terms and con ditions of the
Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the
respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
West Coast Arborists, Inc., California
corporation
Patrick Mahoney, President
Date:
Attachment: Original Agreement
ORIGINAL AGREEMENT
ORIGINAL AGREEMENT
[ATTACHED]
AGREEMENT FOR CONTRACTOR SERVICES
West Coast Arborists, Inc.
Annual Citywide Tree Maintenance Services
This Agreement for Contractor Services (the "Agreement ") is made and entered into as of
June 23, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and
West Coast Arborists, Inc., a Corporation ( "Contractor ").
RECITALS
A. The City has determined that it requires the following services: Planting and
ongoing maintenance of trees in the public right -of -way, parks, and other areas of significant
importance in our community.
B. Contractor has submitted to City a proposal, dated May 14, 2015, attached hereto
as Exhibit A ( "Contractor's Proposal ") and incorporated herein, to provide services and related
work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject
to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent with
Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary
tools, expendable equipment, and all taxes, utility and transportation services required to perform
such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
Annual Citywide Tree Maintenance Services
Page 1
Attachment
C. Term. Unless earlier terminated as provided elsewhere in this Agreement,
this Agreement shall continue in full force and effect for a period of One (1) year, commencing on
June 23, 2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term
of this Agreement on a 12 -month basis not to exceed Four (4) additional twelve (12) month
renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before
the end of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a project task order
by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount
of work or services as all work or services shall be authorized through task order issued by the
City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's compensation exceed EIGHTY
FIVE THOUSAND dollars ($85,000) without additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such
defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor's bills shall include a brief description of
the services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Annual citywide Tree Maintenance Services
Page 2
Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Contractor, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City's use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Contractor
under this Agreement ( "Documents & Data "). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City's name or insignia, photographs relating to project for which Contractor's services are
rendered, or any publicity pertaining to the Contractor's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
7. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor to
this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
Annual Citywide Tree Maintenance Services
Page 3
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor's address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City
may, by written request by any of the above -named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor, Contractor's
representatives, or Contractor's successor -in- interest.
8. Independent Contractor. It is understood that Contractor, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor and
shall not act as an agent or employee of the City.
9. 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 federal, state and local laws, codes, ordinances and
regulations 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
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
10. Interests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Contractor's services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his /her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
Annual Citywide Tree Maintenance Services
Page 4
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement.
All work performed by Contractor under this Agreement shall be in accordance with applicable
legal requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession
to comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers' Compensation Insurance
Annual Citywide Tree Maintenance services
Page 5
and Employer's Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Contractor for City. In the event that Contractor is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his/her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11188) or Insurance Services Office form number GL 0002 (ed. 1173) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non -owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12190) Code 1 ( "any auto "). No endorsement may
be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self- insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
Annual Citywide Tree Maintenance Services
Page 6
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C, Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: West Coast Arborist, Inc.
Attn: Mr. Patrick D. Mahoney
2200 E. Via Burton Street
Anaheim, CA 92806
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and competence
Annual Citywide Tree Maintenance Services
Page 7
of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties, or
obligations of the Contractor under this Agreement will be permitted only with the express consent
of the City. Contractor shall not subcontract any portion of the work to be performed under this
Agreement except as provided in Exhibit B without the written authorization of the City. If City
consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions
of those subcontractors. Nothing in this Agreement shall create any contractual relationship
between City and any subcontractor nor shall it create any obligation on the part of the City to pay
or to see to the payment of any monies due to any such subcontractor other than as otherwise is
required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
Annual Citywide Tree Maintenance Services
Page 8
27. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
28. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
29. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws "), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non - payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Annual Citywide Tree Maintenance Services
Signatures on next page]
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above,
CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
jz)
Grant Y041 City Manager
City Clerk
a s a
CiVAttorney
Attachments: Exhibit A — Contractor's Proposal
Exhibit B — List of Subcontractors
CONTRACTOR"
West Coast Arborists, orporation
By: Patrick Mahoney
Its: President
Annual Citywide Tree Maintenance Services
Page 10
EXHIBIT A
CONTRACTOR'S PROPOSAL
ATTACHED]
r a 1
EXHIBIT A
ANNUAL TREE MAINTENANCE SERVICES BID SCHEDULE
TO ACCOMPANY BID SUBMITTAL)
BIDDER: West Coast Arborists, Inc.
Contractor Name)
ITEM
CODE DESCRIPTION OF ITEMS UNIT
RICE
1 Grid Tree Trimming EACH 54.00
2 Service Request Trimming
2a 0 -12" DBH EACH 174.00
2b 13" -24 " DBH EACH 174.00
2c 25" - 36" DBH EACH 174.00
2d 37" DBH and over EACH 174.00
4 Tree Raising EACH 34.00
5 Palm Tree Trimming EACH 54.00
6 Palm Tree Skinning A Shaping EACH 194.00
7 Palm tree seed pod only removal EACH 34.00
8 Tree and Stump Removal
DBH per
INCH 26.00
9 Tree only Removal
DBH per
INCH
19.00
10 Stump only Removal
DSH per
INCH
14.00
11 Plant 15 gallon tree with root barrier EACH 144.00
12 Plant 15 gallon tree EACH 134.00
13 Plant 24" box tree with root barrier EACH 284.00
14 Plant 24" box tree EACH
274.00
15 Plant 36" box tree EACH
744.00
16 Root Pruning
LINEAR
FOOT 24.00
17 Crew Rental W per person HOUR 64.00
Page 16
ITEM
CODE DESCRIPTION OF ITEMS UNIT
PRICE
Emergency Crew Rental — per person — regular
18 business hours
HOUR 64.00
19 Emergency Crew Rental - per person - After
HOUR 94.00
hours, Weekends and Holidays
20 Specialty Equipment Rental HOUR 144.00
21 Arborist Services (report writing) HOUR 144.00
22 GPS Inventory and continuous updates EACH 3.00
All work to be done in accordance with City of Lake Elsinore Ordinances, Standard Specifications for
Public Works Projects (if applicable), and Specifications set forth in this bid package (See Annual Tree
Maintenance Contract, Attachment "C" thereto for the Specifications.) The budget for the project is
flexible and is dependent upon the City Council approved tree maintenance budget.
Page 17
Scope of Services
1. Services to be Provided
Attachment "A"
A. Contractor shall furnish all labor, equipment, materials and supervision to perform urban forest
maintenance services for City trees as described herein including, but not limited to, the
following:
1. Tree Pruning
2. Tree Removal
3. Stump Removal
4. Root Pruning
5. Tree Planting
6. Tree Staking
7. Removal of Hazardous Branches
8. Removal of Tree Debris and/or Tree Trimmings
9. Hazard Assessment at Time of Trimming
10. Worksite Cleanup
11. Repair of Damaged Sprinklers and /or Piping Caused by the Contractor
12. Repair or Replacement of Damaged Fences and/or Walls caused by the Contractor
11 Soil Leveling and Turf Re- Establishment
14. Damaged Tree and/or Shrub Replacement
15. Collection and Updating of the GPS Tree Inventory Data
16. Determine a Prune Cycle Calculator Based off of Tree Inventory
17. Distribution of No Parking Signs and Door Hangers
18. Contact with the Public
19. Employee Uniforms with Company Logo or Designation
20. Vehicles and Equipment with Company logos or Designation
21. Traffic Control
22. Other Services Set Forth in this Agreement
B, Contractor shall have the duty to provide services for City trees as assigned.
C. Contractor shall be available twenty four (24) hours per day, seven (7) days a week to respond
to all emergencies within one (1) hour of notification.
1. Areas to be Maintained
A. Worksites will include City trees within the Public Right -of -Way. Worksites could include Parks,
or other areas where trees are under the jurisdiction of the City.
B. It should be understood that this project is not solely "section" or "block" type tree trimming.
C. Trees to be serviced may be provided to the contractor by use of the tree database, email, or
phone call - and will consist of an area and /or individual tree locations.
D. It is expected that all work will be completed in a timely manner.
Page 5
2. Pruning Standards and Specifications
A. All work shall conform to the most current Pruning Standards of the Western Chapter ISA, ANSI
A300, and these specifications. In all cases the City's authorized representative(s) shall have
complete and sole discretion in determining conformance and acceptability of trees trimmed by
the contractor. Trimmed trees rejected by the City's representative shall be excluded from
payment.
B. Contractor shall comply with Standards of CAL OSHA and the American National Standard
Institute, 2133 Safety requirements.
C. Contractor shall provide and post "No Parking" signs forty -eight (48) hours in advance of the
work and distribute written notices to affected residents of the pending work. Notices shall be
printed on both sides, in English and Spanish (this may be accomplished by use of door
hangers).
D. Contractor shall endeavor to maintain good public relations at all times. The work shall be started
and completed in a timely manner, which will create the least possible interference and
annoyance to the Public. Work shall be performed by competent, qualified and certified
employees. Work will be supervised by an experienced supervisor in tree trimming operations.
The contractor shall be responsible to see that private property and vehicles at work locations
are not endangered or damaged during the course of work.
E. Contractor shall exercise precautions as necessary when working adjacent to aerial and
subterranean utilities. In the event that aerial utility wires present a hazard to the contractor's
personnel or others near the work site, work is to immediately cease and the appropriate utility
company notified. Work shall then commence in accordance with instructions from the utility
company. In the event that work causes excavation, the contractor is responsible for appropriate
notification of Underground Service Alert (USA).
F. No hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming unless
authorized by a City representative.
G. Any vine plant growing on the trees shall be removed to ground level.
H. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to
promote fast callous growth.
Unless otherwise provided, trees are to be trimmed block by block, subject to the instructions of
a City representative.
J. When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be
cleaned after each cut with alcohol or bleach.
K. Topping will not be done without prior approval of the City.
Limbs one inch (1 ") in diameter or greater shall be precut to prevent splitting. When there is a
chance of bark tearing at crotch, large limbs shall be removed with three (3) cuts. The first cut
shall be made on the underside of the branch one foot (1') to two feet (2') from the crotch. The
undercut shall be at least one third (113) of the diameter. The second cut shall be one -inch (1 °)
to three inches (Y) further from the crotch than the first. The final cut is made at the crotch in a
manner to favor the earlier possible covering of the wound by callous growth.
Page 6
M. At the time of trimming, Contractor shall take note of any hazard associated with each tree, for
example; splitting, rotting or decline in health. This information shall be made known to the City
representative(s) with the recommended mitigation.
Ow-um- offma
4.
A. Trees designated for trimming shall be trimmed, shaped and thinned. The trimming shall provide
a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition,
trees shall be trimmed to provide a minimum clearance of twelve feet (12') over the roadway
and nine feet (9') over walkways. Trees shall also be trimmed to remove any obstruction around
traffic control devices, traffic signs, streetlights and buildings. Additional trimming shall be
performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic
appearance.
B. The specific techniques employed shall be consistent with industry practice for the size and
species of the tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs
shall be removed at the trunk or main branch. All cuts shall be made sufficiently close half inch
112 "); to the parent stem so that healing can readily start under normal conditions. All limbs two
inches (2 ") or greater shall be undercut to prevent splitting. The remaining limbs and branches
shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless
removal will result in large gaps in the general outline of the tree. All trees shall be thinned of
smaller limbs to distribute the foliage and weight evenly.
C. Laterals shall be cut to preserve the natural form of the tree, leaving the head open enough for
the branching system to show, permitting the dead material to be easily cleaned out and light to
show through the head. Tree foliage shall be reduced by at least fifteen percent (15 %) but no
more than thirty percent (30 %).
D. Small limbs, including suckers and water sprouts, shall be cut close to the trunk or branch from
which they arise.
A. Park /Slope Tree Aesthetic trimming will be performed on trees located out of the Public Right of
Way that can be safely reached with an aerial unit. These trees are typically located within City
parks, landscape maintenance districts (slope areas) and city facilities. Cleanup and removal of
all trimmings shall be included at no additional charge.
B. Trees designated for trimming shall be trimmed, shaped and thinned. The trimming shall provide
a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition,
trees shall be trimmed to provide a minimum clearance of twelve feet (12') over the roadway
and nine feet (9') over walkways (unless otherwise directed by a City representative). Trees
shall also be trimmed to remove any obstruction around traffic control devices, traffic signs,
streetlights and buildings. Additional trimming shall be performed to mitigate any extreme effect
of the clearance trimming and provide an acceptable aesthetic appearance.
C. The specific techniques employed shall be consistent with industry practice for the size and
species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs
shall be removed at the trunk or main branch. All cuts shall be made sufficiently close half inch
112 "); to the parent stem so that healing can readily start under normal conditions. All limbs two
inches (2 ") or greater shall be undercut to prevent splitting. The remaining limbs and branches
Page 7
5.
shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless
removal will result in large gaps in the general outline of the tree. All trees shall be thinned of
smaller limbs to distribute the foliage and weight evenly.
D. Laterals shall be cut to preserve the natural form of the tree, leaving the head open enough for
the branching system to show and permitting the dead material to be easily cleaned out and
light to show through the head. Tree foliage shall be reduced by at least fifteen percent (15 %)
but no more than thirty percent (30 %).
E. Small limbs, including suckers and water sprouts, shall be cut close to the trunk or branch from
which they arise.
A. Park/Slope Tree Aesthetic Trimming will be performed on trees located out of the Public Right
of Way that cannot be safely reached with an aerial unit that must be climbed in order to
complete the necessary trimming. These trees may be located within City parks, landscape
maintenance districts (slope areas) and city facilities. These trees are typically located within
the higher reaches of our landscape maintenance districts (slope areas) as well as areas of City
parks that do not allow large vehicle access. The Contractor will be given specific locations for
sites to be trimmed by a City representative prior to any work being performed. Tree quantities
for this type of trimming shall be determined and agreed upon prior to any work being performed.
Clean up and removal of all trimmings shall be included at no additional charge.
B. Trees designated for trimming shall be trimmed, shaped and thinned. The trimming shall provide
a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition,
trees shall be trimmed to provide a minimum clearance of twelve feet (12') over the roadway
and nine feet (9') over walkways (unless otherwise directed by a City representative). Trees
shall also be trimmed to remove any obstruction around traffic control devices, traffic signs,
streetlights and buildings. Additional trimming shall be performed to mitigate any extreme effect
of the clearance trimming and provide an acceptable aesthetic appearance.
C. The specific techniques employed shall be consistent with industry practice for the size and
species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs
shall be removed at the trunk or main branch. All cuts shall be made sufficiently close half inch
112 "); to the parent stem so that healing can readily start under normal conditions. All limbs two
inches (2 ") or greater shall be undercut to prevent splitting. The remaining limbs and branches
shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless
removal will result in large gaps in the general outline of the tree. All trees shall be thinned of
smaller limbs to distribute the foliage and weight evenly.
A. Standard trim; remove all dead, drooping, live fronds, and fruiting structures as close to the trunk
as possible. The remaining healthy fronds shall be at an upward thirty degree (300) angle in
relation to a horizontal plane at the head of the palm tree. All frond sheaths shall be removed
along the entire length of the tree.
B. Excessive trim (skinning); the Contractor will be given specific locations for sites to be trimmed
by a City representative prior to any work being performed. Tree quantities for this type of
trimming shall be determined and agreed upon prior to any work being performed. Clean up and
removal of all trimmings shall be included at no additional charge.
Page 8
C. After skinning /shaping of palm, the ball shall be maintained as part of normal trimming to
maintain a uniform appearance.
D. Remove all foreign plant material from top down to the base of the tree, such as ivy, etc.
7. TreeiSturnp Removal
A. The trees to be removed will be marked in a manner determined by the City representative(s).
Only those trees marked by the City shall be removed by the contractor.
B. Trees shall be felled in a manner consistent with industry practice with the primary emphasis on
the safety of the Public. Extra care shall also be taken to prevent unsafe working conditions to
individuals, landscape, irrigation, structures, obstacles or private property.
C. Stumps shall be ground to a minimum of eighteen inches (18 ") below the level of the adjacent
ground. When a stump removal operation intercepts an in- service utility line, removal of the
stump shall be made to the top of said utility line with the remaining portion of the stump, not
obstructed by the utility line, removed to the required eighteen inches (18 ") minimum depth.
D. Stump grinding shall take place the same day as tree removal. Note: if stump grinding does not
follow within the same work day as removal, a safety barricade shall be placed and maintained
over the stump until the stump grinding in complete.
E. Roots having a diameter of four (4) or more inches shall be traced out and removed to a
minimum of two feet (2') from the stump crown. All roots four inches (4 ") or more in diameter,
the tops of which are six inches (6 ") or less below the existing soil level; shall be considered part
of the stump and shall be removed, except where such removal is prevented by existing
sidewalks, curbs, buildings or other improvements.
F. Holes that are not being replanted after grinding operations shall be filled with resulting mulch
and raked level with the adjacent ground. All wood, debris and excess mulch shall be removed.
The resulting surrounding area shall be raked and/or swept clean.
G. The contractor shall be responsible for contacting Underground Service Alert (USA) for the
locating of underground utilities at least seventy -two (72) hours prior to stumping operations.
H. Contractor will remove all USA markings within forty -eight (48) hours of work completion from
streets by use of black marking paint.
I. Any damaged caused by removal operations shall be repaired at the contractors sole expense.
8. Root Pruning
A. Root pruning work will be specified on work orders to the contractor with specific street address
and location, as well as, identifying root pruning along the sidewalk or curb or both.
B. Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb, or other
improvement. Root pruning cuts shall be four inches (4 ") wide, eighteen inches (18 ") deep as
measured from the top of sidewalk, curb or adjacent improvement. Root pruning shall extend
eight feet (8') in each direction from the centerline of the tree — sixteen feet (16') in total length.
Page 9
C. Root pruning equipment shall be specifically designed for this purpose with cutting teeth
sharpened adequately to sever roots in a clean manner, and equipped with padded tracks
or rubber tires to prevent scraping or marking of sidewalks.
D. All cuts shall be backfilled immediately upon completion of root pruning and installation of root
barrier, if required, at each location. Backfill material shall consist of dirt and/or mulch from root
pruning and shall be free from rocks. All debris generated by these operations shall be
immediately removed from the site and properly disposed of outside the right -of -way.
E. Any damaged caused by root pruning operations shall be repaired at the contractors sole
expense.
9. Planting
A. Planting trees include staking, installing ties, trunk guards, root barriers if necessary, and
fertilizer tablets, to maximize tree health and survival. Provide all materials and labor necessary
for a complete and proper installation. New trees are to be installed in accordance with APWA
American Public Works Association), standard plans for Public Works construction details
520-2 and double staked per 518 -2 double.
B. Trees shall be provided by the contractor as set forth in the rate schedule and planted in
accordance with appropriate ISA standards as applicable. Newly planted trees shall be watered
by the contractor as necessary for a period of one hundred twenty (120) days for establishment.
C. The newly planted tree shall also carry with it a one hundred twenty (120) day free replacement
should the tree die or be in an irreversible state of decline.
D. Tree wells, if required for newly planted trees, shall not be created to rise above the surrounding
or existing grade.
10. Erneraencv_I "On Call'
A. Contractor shall be required to provide emergency / "on call " response to hanging limbs, wind
damaged or downed trees. This may be at night, during storm, or any other bad weather
conditions. The contractor will be given specific locations via telephone call from a City
authorized representative. The contractor shall be required to start the work indicated within two
2) hours of the initial telephone call and report back to the City representative upon completion
of the work specified.
B. The contractor is required to provide a twenty -four (24) hour emergency phone number and /or
names of a minimum of two (2) contact individuals within one week of award of contract. Should
the phone number or contact person(s) change during the course of the contract it will be the
responsibility of the contractor to notify the City. In the event the contractor cannot be
contacted or fails to respond, a penalty of $9.000.00 per incident will be deducted from
future contractor payments.
C. The contractor shall be required to provide all traffic control required during any emergency
operations. Should the work involve any high voltage lines the contractor shall be required to
notify the responsible utility company.
Page 10
D. Work performed under the emergency provision of this contract shall be paid as set forth in the
rate schedule. This shall include; all labor, tools, equipment, disposal fees, and materials
necessary for completing the emergency work.
11. Schedule_ of Work and Hours of Operation
A. Contractor will be required to commence work within ten (10) working days of award of contract.
The contractor shall, prior to commencing work, submit and gain approval of a weekly work
schedule indicating the order and location of work.
B. The general hours of operation shall be 7:00 a.m. to 4:00 p.m. on major streets and 8:00 a.m.
to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations
generating harsh or unusual noise. The days of operation shall be Monday through Friday. Na
work shall be performed on Saturday. Sunday or City observed Holidays unless
authorized b)l the City representative(s).
C. In addition, the contractor shall meet with City representative (s) on a pre- scheduled
monthly basis.
12. Clean Up
A. Contractor shall clean all job sites when work is completed. This includes raking of leaves, twigs,
and any other waste material from the lawns or medians. This will also include sweeping of
sidewalks and streets.
B. Each day's scheduled work shall be completed and cleaned up. Under no circumstances shall
any brush, leaves debris or equipment be left on the street, sidewalk or in the right -of-
way overnight. Contractor's equipment may be stored overnight, with advance approval, in the
City Corporate Yard; however, the City will not be responsible for security of contractor's
equipment.
C. The Contractor shall use extra caution to not drop limbs in to back yards. if this happens the
contractor shall make their best efforts to contact the resident to clean up the debris.
D. The City representative(s) shall be the sole judge as to the adequacy of the clean -up.
13. Disgosal of Materials or Debris
A. All tree branches, brush, tree trunks and other materials produced as a result of the contractor's
operations under this contract will be reduced, reused, recycled, and/or transformed. Ay
debril or materials r a irina disposal shall not be deposited in a landfill
B. Reducing will include, but is not limited to, chipping, grinding, and /or shredding operations.
Reusing will include, but is not limited to, using chipped, ground, or shredded tree material as
mulch. Recycling will include, but is not limited to, chipped, ground, or shredded tree material
used to produce compost. Transformation will include, but is not limited to, fire wood that is too
large to be chipped, ground or shredded for use as mulch.
Page 11
14. Mulch Program
A. Upon request the Contractor shall provide and deliver, at the Contractor's expense, one (1) forty
40) yard bin of finished mulch twice per year which may be used by the City or its landscape
maintenance contractors for landscape enhancement, erosion control and water conservation
activities within the City. Mulch shall be commercial grade, similar in size and condition to that
required by Cal Trans, Mulch shall be free of insects, weed seeds, trash, palm, pine and tamarisk
debris, and suitable for immediate application. Mulch shall be delivered to the Public Works
Corporate Yard Located at 521 N. Langstaff Street. Contractor may also upon request, with
approval by a City representative, disposal of other clean mulch at designated City facilities.
Clean mulch shall mean any wood chipping that are free of trash, excessive leaves, pine, palm
and tamarisk debris.
15. Inspection
A. The City representative(s), shall at all times, have access to the work and shall be furnished
with every reasonable facility for ascertaining full knowledge respecting the progress,
workmanship, character of materials and equipment used, and employed in the work.
B. The inspection of the work shall not relieve the contractor of any obligation to fulfill the contract
and/or complete the project described. Defective work shall be made well, notwithstanding the
fact, that such defective work may have been previously overlooked by the City
representative(s) and accepted for payment.
C. Periodically inspect the work to assist in ensuring the work meets City standards.
D. All work shall meet the approval of the City representative(s), or rectified by the Contractor to a
condition that does meet this acceptance. Corrective action shall be performed at no additional
cost to the City. In addition the Director of Public Works or his/her authorized representative
shall be the determining authority with respect to all issues regarding the quality or
acceptability of work performed and as to the manner of performance and rate or
progress of the work. Whenever Contractor's designated supervisor is not present for any
part of the work where it may be desired that he give direction, orders within the scope of
these specifications may be given by the Director of Public Works or his /her authorized
representative, and Contractor shall instruct its staff to follow these orders as though they
had been issued by Contractor.
16. Brochures
A. Contractor will provide brochures or door hangers that are acceptable to the City
representative(s) that describes the tree trimming process, and are readily accessible to the
Citizens of Lake Elsinore. Sam le brochures must be included with submitted proposal.
B. The brochures or door hangers shall be printed in English on one side and Spanish on the other
side.
17. Pictures
A. Contractor is to supply, at no cost to the City, pictures of "before" and "after " trimming, that is
suitable for reproduction when requested by the City. Pictures that are provided shall be of one
1) per species, per Grid to showcase the work that was completed.
Page 12
B. Pictures shall be provided for any tree that is determined to be dead, dying or diseased.
C. When called out for emergency situation before and after pictures shall betaken. These pictures
will be provided to a designated City representative by the next business day.
18. Traffic Control
A. Contractor shall refer to the latest edition of the 'California Manual on Uniform Traffic Control
Devices' (MUTCD) as amended for use in California. This manual conforms to all City of Lake
Elsinore Traffic Safety requirements and operating rules, and shall be followed at all times while
this contract is in effect. The contractor may also utilize 'Cal Tran's standards for safety and
traffic control' and 'Work Area Traffic Control Handbook' (WATCH).
B. Contractor will be responsible for supplying and using all safety equipment necessary to close
or delineate traffic lanes to through traffic. This is to include a high visibility solar arrow board
when necessary with no exception. All traffic safety equipment must be approved for use, prior
to utilization, by the City.
C. A traffic control plan will be submitted to the City representative /s at least fifteen (15)
days prior to starting this contract for arterials.
D. Illuminated arrow boards, sign standards, delineators and/or cones shall be used to identify work
site for vehicular and pedestrian safety.
E. Should the Contractor appear to be neglectful or negligent in furnishing warning and
protective measures, the City may direct attention to the existence of a hazard and the
necessary warning and protective measures shall be immediately furnished and installed at
the Contractor's expense
19.S iqns
A. Contractor shall equip each vehicle used in the City with signs that read, "Tree Maintenance
Services Contractor for the City of Lake Elsinore ".
20. Tree Inventory Dat
A. Contractor shall provide and maintain an up -to -date user friendly computerized tree inventory
software system of all trees serviced for the City during the term of this contract. The contractor
shall provide the City with a state of the art record keeping software system that allows the City
to monitor and maintain information regarding our Urban Forest Maintenance Program. The
system shall provide detailed information which includes accurate GPS location of trees within
one (1) meter, tree species, site information such as the diameter at breast height, crown height,
botanical and common names, photograph of the actual tree, work histories, service requests,
and summary reports. The City currently utilizes the Arbor Access tree inventory system. Special
consideration will be given to contractors who utilize this system or can provide a compatible
database.
Have an ISA Certified Arborist with experience perform tree data collection and provide a
cursory tree evaluation.
Areas to be collected will include, but not be limited to, Landscape and Lighting Maintenance
Districts (LLMD), Parks, Right -of -ways and City owned Facilities.
Page 13
Attributes to be collected by field personnel include District (area number or name), possibly
a sub area, species identification, size (diameter at breast height) and condition evaluation.
Provide the City with Global Positioning System (GPS) coordinates for each tree inventoried.
The information collected can be linked directly to a Geographical Information System (GIS)
program, such as ArcView. Using a handheld computer and a backpack GPS receiver, the
inventory collector will identify the trees by their global coordinates of longitude and latitude.
By collecting the data using the GPS system, the City can consolidate the tree data with
other various GPS coded programs.
At the end of the project, the City will receive a complete listing of all sites inventoried, both
in hard copy and in a software program, which will enable the City to connect the inventory
to the GIS program and create various frequency reports.
Attributes to be collected by field personnel may include, but is not limited to;
Tree Number
City District, LLMD, Park and Facility
Street
Location by Address
Location by GIS, X, Y State Plane Coordinate (Optional)
Species by Botanical Name and Common Name
Tree Diameter
Canopy Spread
Tree Height
Recommended Maintenance Classification
Existing overhead Utilities
Parkway Size
Parkway Type
Public /Private Code
B. Upon completion of the Tree inventory database a prune cycle calculator shall be determined
by the contractor based off of budget, quantity of trees, and species of the trees.
C. The Contractor shall have at a minimum five (5) years of experience in collecting tree inventories
and developing inventory databases, including an extensive program that simplifies the
management of the City's Urban Forest. The Contractor shall have developed a complete and
comprehensive computer software program in at least five (5) California cities. The program
should have specialized reports designed specifically for City representative's needs. The
program should be developed based on the needs of the City and allow the City to modify, and
structure the program specific to our needs. The user - friendly program should allow City
representatives to generate a variety of reports quickly.
D. In addition to the tree inventory program the City will require access to a field based
management program accessible from a smart phone or tablet that will allow staff members to
view site specific information and/or detailed work history. The field based management
program shall also allow for generating and sending of work requests from the field.
E. The Contractor shall provide technical maintenance and support and training for City personal
on the use of the tree inventory program.
Page 14
21. Contractor's Employees
A. The Contractor's employees shall wear uniform shirts that have the Contractor's company name
and the employee's first name clearly displayed on the shirt. All shirts worn by Contractor's
employees s h a I I be of the same color, material and style.
B. The Contractor's employees shall, when working on medians or in other vehicle traffic areas,
be required to wear orange safety vests over their uniforms.
C. The Contractor's employees shall wear hard -soled shoes at all times while on duty. Soft soled
shoes such as such athletic shoes and similar footwear shall not be permitted.
Page 15
EXHIBIT B
LIST OF SUBCONTRACTORS
ATTACHED]
NIA
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR
This is to Certify that
I VILEST COAST ARBORISTS, INC
2200 EAST VIA BURTON
ANAHEIM CA 92806
L
icate of Insurance
CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER, THIS CERTIFICATE IS NOT AN
AGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE
OT LISTED BELOW.
NAME AND
A Ll e ! j Rut r 1. DDRESS ,,,u i.
dFINSURED
INSURANCE
is, at the issue date of this certificate, insured by the Company under the policy(ics) listed below. The insurance afforded by the listed policy(ics) is subject to all their terms, exclusions andConditiomandknotalteredbyanyrequirement. term or condition of any contract or other document with respect to which this certificate may be issued.
EXP DATE
TYPE OF POLICY
CONTINUOUS
EXTENDED
POLICY NUMBER LIMIT OF LIABILITY
AUTHORIZED REPRESENTATIVE
POLICY TERM
818 W 7th Street, Suite 850 0564408
WORKERS
COMPENSATION
Statutory Limits
7/1/2016 VVA7 -66Q- 039499 -075
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
All Slates Except:
ND, OH, WA, WY
EMPLOYERS LIABILITY
Bodily In ury by Accfildent
1 000 LOO E.6 Accident
Bodily Injury By Disease
11'000'000
Bodily Injury By Disease
1,000,000
COMMERCIAL
GENERAL LIABILITY
71112016 TB2 -661- 039499 -015
General Aggregate
2,000,000
Products / Completed Operations Aggregate
2,000,000OCCURRENCE
CLAIMS MADE Each Occurrence
1,000,000
Personal & Advertising Injury
1,000,000 Per Person /OrganizationRETRODATE
Other 10ther
Dama a to remises rented to Medical Expense $5,000
AUTOMOBILE 711/2016 AS7- 661 - 039499 -035
Each Accident — Single Limit
2,000 0.00 B.I. And P.D. Combined
LIABILITY
121 OWNED
Each Person
Each Accident or Occurrence
NON -OWNED
HIRED Each Accident or Occurrence
OTHER 7/1/2015 - 7!112016 TH7 -661- 039499 -045 5,000,000 Per Occurrence /Aggregate
Umbrella Excess Liability
ADDITIONAL COMMENTS
RE: All jobs performed by the named insured during the policy term. Perform CG 2010, City of Lake Elsinore is additional insured under the
General Liability policy if required by a written contract with the Named Insured, but only for the coverages and limits provided by the policy
and the additional insured endorsement.
If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
F—City of Lake Elsinore130SouthMainStreet
a Lake Elsinore CA 92530
n
Liberty Mutual
Insurance Group
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10
25113960 1 LM 2819 1 7/15 -7/16 - GL /2/1, AL /2, WC /1, U5 I Nicholaa Nieoni 1 6/16/2015 12:66:22 PM (CDT) I Page 1 of 1
LDI COI 268896 02 11
Elaine Ulan
Los Angeles 1 0603
AUTHORIZED REPRESENTATIVE
818 W 7th Street, Suite 850 0564408
Los Angeles CA 90017 213- 624 -1171 6/16/2015
OFFICE PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10
25113960 1 LM 2819 1 7/15 -7/16 - GL /2/1, AL /2, WC /1, U5 I Nicholaa Nieoni 1 6/16/2015 12:66:22 PM (CDT) I Page 1 of 1
LDI COI 268896 02 11
POLICY NUMBER: T82- 661 - 039499 -015 COMVERCIAL GENERAL. L.IMILITY
CG 2010 D413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED OWNERS, LESSEES -OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A Section 11 — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown In the Schedule, but only with
respect to liability for "bodily Injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf.
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However.
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law. and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional Insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to " bodiy injury" or
property damage" occurring after.
1. Ali worst, including materials, parts or
equipment fumed In connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has bean
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the some project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
tf coverage provided to the additional insured is
required by a contract or agreement, the most we
wit pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
SCHEDULE
Name Of Additional Insured Persons) Location(s) Of Covered Operations
Or Organizatlon(s):
Any owner, lessee, or contractor for whom you have Any location fisted in such agreement
agreed in writing prior to a loss to provide ilabilRy
insurance
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 2010 04 13 C Insurance Services Office, Inc., 2012 Page: 1 of 1