HomeMy WebLinkAboutItem No. 10 Amend No. 4 West Coast ArboristsText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-708
Agenda Date: 7/10/2018 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 10)
Page 1 City of Lake Elsinore Printed on 7/5/2018
REPORTTOCITYCOUNCIL
To:HonorableMayorandMembersofthe CityCouncil
From:GrantYates,CityManager
Preparedby:Catherine Eakins –PW Administrative Assistant
Date:June 26, 2018
Subject:AmendmentNo. 4to Contract ServicesAgreementwithWestCoast
Arborists,Inc. for Annual Citywide Tree Maintenance Services
Recommendation
Approve and authorize the City Manager to extend execute Amendment No. 4to the West Coast
ArboristContract in the additional contract amount of $56,000, bringing the total contract amount
$206,000, and extend the term of the contract for an additional 12-months in the form attached and
in such final form as approved by the City Attorney.
Background
In 1988, theCityCouncilestablishedthe CitywideLandscapingandStreetLightingMaintenance
District("CitywideLLMD")formaintaininglandscapeandlightinginpublicrightofwayandother
publicfacilities,inaccordancewiththeLandscapingandLightingActof1972.TheCitycontracts
fortreemaintenanceserviceswithin theCitywideLLMDeligiblefacilitiestoprovidetheexpertise
andpersonnelnecessarytoperformthishigh-volumemaintenancework.Thisreducesthe
City'songoingpersonnelandequipmentcostsandallowstheCitytovarythelevelofservices
based onavailablefundingandneed.WestCoastArborist iscurrentlyperformingtheseservices
fortheCitypursuanttoanAgreementforContractorServicesdatedJune23, 2015.
Discussion
Staff would like to exercisethe option to extend the contract withWest Coast Arboristfor an
additional 12-month termandincrease the compensation award to $206,000.The increase in
funds is due to City tree inventory,and the maintenance of the City’sfour-yeartrim cycle.
FiscalImpact
The funds for tree maintenance services have been identifiedin the FY2018/2019Citywide LLMD,
LLMD 1, Parksand Facilities Operating budgets.
Amendment No. 4to West Coast Arborist Contract
June 26, 2018
Page 2
Exhibits
A.West Coast Arborist –Exhibit A AmendmentNo.4
A-1 West Coast Arborist –Exhibit A-1 Schedule of Compensation for Year 2018-2019
B.West Coast Arborist –Exhibit BAmendmentNo.3
C.West Coast Arborist –Exhibit CAmendmentNo.2
D.West Coast Arborist –Exhibit DAmendmentNo.1and OriginalAgreement
AMENDMENT NO. 4–WEST COAST ARBORIST
June 26, 2018
City of Lake Elsinore Page 1
AMENDMENTNO. 4
TO AGREEMENTFOR CONTRACTORSERVICES(ON-CALL)
West Coast Arborists,Inc.
Annual Citywide Tree Maintenance Service
This Amendment No. 4to Agreement for ContractorServices (“Amendment No. 4”) is
made and entered into as of July 1, 2018by and between the City of Lake Elsinore,a municipal
corporation(“City), andWest Coast Arborists, Inc., a California corporation(“Contractor”).
RECITALS
A.TheCityandContractorhaveenteredintothatcertainAgreementforContractor
Services datedasofJune23,2015(the"OriginalAgreement").Exceptasotherwisedefined
herein,allcapitalized termsusedhereinshallhavethemeaningssetforthforsuchtermsinthe
OriginalAgreement.
B.The Original Agreement provided for compensation to Contractor in an amount
not to exceedEighty($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.Amendment No.1 extended the contract an additional 12-month term for tree
trimmingandmaintenanceservicesand increased the agreement toOne Hundred Fifteen
Thousand Dollars($115,000)for those services.
D.Amendment No.2 increased the funding toThree HundredThousand Dollars
($300,000)to purchase and plant new trees for the upgrading of the landscapethroughout the
City in Fiscal Year 2016/2017.
E. Amendment No. 3 extended the contract and an additional 12-month term and
adjusted the compensation to One Hundred Fifty Thousand Dollars ($150,000) for FY
2017/2018.
F. The parties now desire toexercisethe third extension option offered in the
Original Agreement and extend the term for an additional 12months through FY18-19 and
increase the compensationby an additional $56,000for a not to exceed amount of $206,000 for
FY18-19.
NOW, THEREFORE, inconsideration of the mutual covenants and conditions set forth
herein, City and Contractoragree as follows:
1.Section 2, subpart C, Term, is hereby amended to add the following:
Unless earlier terminated as provided elsewhere in the Original
Agreement, this Amendment No. 4shall continue in full force and effect
for a period of twelve (12) months, commencing on July 1, 2018and
ending on June 30, 2019. The City may, at its sole discretion, extend the
term of this Agreement on a 12-month basis not to exceedone(1)
additional twelve (12) month renewal terms by giving written notice
AMENDMENT NO. 4–WEST COAST ARBORIST
June 26, 2018
City of Lake Elsinore Page 2
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, is hereby amended toand restated in its entirety as
follows:
Compensation to be paid to Contractor shall be in accordance with the
fees set forth in the Contractor’s Proposal Exhibit A to the Original
Agreement, and Exhibit A-1to Amendment No.4.
In no event shall Contractor’s compensationrelated to Contractor’s
Proposalto Amendment No. 4 exceed Two Hundred SixThousand
Dollars ($206,000) for Fiscal Year 2018-2019without additional written
authorization from theCity.
Notwithstanding any provision of Contractor’s Proposal to the contrary,
out of pocket expenses set forth in Exhibit Ain Original Agreement and
Exhibit A-1 attached to Amendment No.4,shall be reimbursed at cost
without an inflator or administrative charge. Payment by City under this
Agreement, as amended,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 conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment No. 4to 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:
“CONTRACTOR”
West Coast Arborists, Inc., a California
corporation
Patrick Mahoney, President
Date:
AMENDMENT NO. 4–WEST COAST ARBORIST
June 26, 2018
City of Lake Elsinore Page 3
City Attorney
AMENDMENT NO.2
[ATTACHED]
AMENDMENT NO. 1
[ATTACHED]
ORIGINAL AGREEMENT
[ATTACHED]
^trU`7
r
CITY OF LACE ELSINORE ' 1
Schedule of Compensation for Year 2018 - 40,19
Tree Maintenance Services performed by WCA, Inc.
1
Grid Pruning
Each
$56.00
2
Svc Rqst Pruning 0 -12 DSH
Each
$180.60
3
Svc Rqst Pruning 13 -24 DSH
Each
$180.60
4
Svc Rqst Pruning 25 -36 DSH
Each
$180.60
5
Svc Rqst Pruning 37+ DSH
Each
$180.60
6
Tree Raising
Each
$35.30
7
Palm Tree Pruning
Each
$56.00
8
Palm Tree Skinning /Shaping
Each
$201.35
9
Palm Tree Seed Pod Only Removal
Each
$35.30
10
Tree and Stump Removal
Inch
$27.00
11
Tree Only Removal
Inch
$19.70
12
Stump Only Removal
Inch
$14.55
13
Plant 15 Gallon Tree
Each
$139.00
14
Plant 15 Gallon w/ RB
Each
$149.45
15
Plant 24" Box Tree
Each
$284.40
16
Plant 24" Box Tree w/ RB
Each
$294.80
17
Plant 36" Box Tree
Each
$772.25
18
Root Pruning
Linear Foot
$24.90
19
Crew Rental - per man
Man Hour
$66.45
20
Emergency Crew Rental - per man (reg bus hrs)
Man Hour
$66.45
21
Emergency Crew Rental - per man (after
Man Hour
$97.55
hrs,wknd,holiday)
22
Specialty Equipment Rental
Hour
$149.45
23
Arborist Services - report writing
Man Hour
$149.45
24
GPS Tree Inventory & Updates
Each
$3.00
New prices reflect an increase of 3.8% based on the Consumer Price Index for the LA -OC-
Riverside
region. Current rates have been in effect since July 2015.
AMENDMENT NO. 3
TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL)
West Coast Arborists, lnc.
Annual Gitywide Tree Maintenance Service
This Amendment No. 3 to Agreement for Contractor SeNices ("Amendment No. 3") is
made and entered into as of June 27,2017 by and between the City of Lake Elsinore, a municipal
corporation ("City), and West Coast Arborists, lnc., 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, 20'16. 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. Amendment No.1 extended the contract an additional 12-month term for tree
trimming and maintenance services, and increased the agreement to $115,000 for those services.
D. Amendment No.2 increased the funding by $300,000 to purchase and plant new
trees for the upgrading of the landscape throughout the City in Fiscal Year 20'161201Z.
E. The parties now desire to extend the term and increase the payment for Citywide
Tree Maintenance Service as set forth in this Amendment No. 3.
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, is hereby amended to add the following:
Unless earlier terminated as provided elsewhere in the Original
Agreement, this Amendment No. 3 shall continue in full force and
effect for a period of twelve (12) months, commencing on July 1 , 2017
and ending on June 30,2018. The City may, at its sole discretion,
extend the term of this Agreement on a 12-month basis not to exceed
one (1) 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, is hereby amended to add the following:
ln no event shall Contractor's compensation exceed One Hundred
and Fifty Thousand Dollars ($150,000) for Fiscal Year 201712018
without additional written authorization from the City.
2. Section 3, Compensation, is hereby amended to add the following:
ln no event shall Contrac{ofs compensation exceEd One Hundr€d and
Fifty Thousand Dollars ($150,000) for Fiscal Year 201712018 without
additional writtan authorization ftom the City.
3. Except for the changes spociflcally set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
lN WITNESS WHEREOF, the parties havs c€used this Amendment No. 3 to be
executed on the respective dates set forth b6low.
'clTr
o.r.. 7/ar/t-t
APPROVED AS TO FORM:
AMENDMENT NO. 3 - WEST COAST ARSORIST
Jun 27,20'17
Oty of Lako EhlnoG
Clry OF LAKE ELSINORE, a municipal
corpory[ion
ies, City Manager
oat , -zIrlirr
Page 2
Attachrnent "A"
Cost Proposal Sheet - General Maintenance Services
Please provide the fee quotes as follows (lnclude a schedule of rates by classification hourly rates):
In the column labeled "Bidder Notes" mark each maintenance area beginning with 1 to 11 (1=most preferred
area, 11= least preferred area). Please attach additional pages if necessary.
Material Markup: l5 % (percent)
*Normal Business Hours: 7:30 a.m. to 5:30 p.m.
**Emergency and After Hours Service. 5:30 p.m.
(Monday - Friday)
to 7:30 a.m. (Weekends and Holidays)
GENERAL MAINTENANCE SERVICES WAGE RATES
Maintenance
Aroa
'Normal Buslness Houns
R8b
'*Emergency and After
Hours Rate
Unit of
Measure
(Hourly,
'hHour
Etc...)
Subconbactor
Servlccc
Yee / No
Bldder Noteg
(Attached if Needed)
Non-
Prevaillng
Waae Rala
Prevailing
Wana Rale
Non-
Prevalling
Waoe Rrle
Prevailing
Waqe Rate
Caroentrv tJO.er 11,o4 b5,ry lrD,o'/a-k,iib I
Finish Wood
Workino tfto,€'1t,ob W,* llo.o'Y*1",No 3
Plumbinq 5o,e "1e,'"J 15,* llq,'1 lth,Nr)1
Electrical b3 0e 1e,'"qoY ttq.r?%.h,,'rl*q
Concrele and
Masonrv
rl5.oo 5e"1c.9 451tt /tl"IJD a
HVAC ln5lY 1o,"')4o,o' il.1,''l /vh,te to
Paintinq u),*\?r."ffi:ic bo,'o /rh,N1)ta
Sheet Metal tfi,*1l ,'ob 'lof llb.'{t /*l*ilD q
Dry Wall
Ob,o,6t" 1?s5,* q1'tl /nh,l0o 5
Roofino h5,o"51,q4 tDD.w Qd.u't/*h,'lo+il
lrrigation
Renair t7, e abq't ,+?.ry b,4 lnl",A)0 a
Page 7
EXI IIBIT A
ANNUAL TREE MAINTENANCE SERVICES BID SCHEDULE
(TO ACCOMPANY BID SUBMITTAL)
BTDDER: West Coast Arbo4sts.l!c.
(Contractor Name)
ITEM
NO.
CODE DESCRIPTION OF ITEMS UNIT UNIT
PRICE
1 Grid Tree Trimming EACH $54.00
2 Service Request Trimming
0 - 12" DBH EACH $'174.00
2b 13' -24 " DBH EACH $174.00
25'- 36" DBH EACH $174.00
2d 37' DBH and over EACH $ 174,00
4 Tree Raising EACH $34.00
Palm Troe Trimming EACH $54.00
6 Pdm Tree Skinning / Shaping EACH $194.00
7 Palm tree seed pod only removal EACH $34.00
I Tree and Slump 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 - per person HOUR $64.00
Page 16
ITEM
NO.CODE DESCRIPTION OF ITEMS UNIT UNIT
PRICE
1B
Emefuency Crew Rental - per person - regular
business hours
HOUR $64.00
19 Emergency Crew Rental - per person - After
hours, Weekends and Holidays HOUR s94.00
20 Specialty Equipment Rental HOUR s144.00
21 Arborist SeMces (report writing)HOUR $144.00
22 GPS lnventory and continuous updates EACH $3.00
All work to bo done in a@ordance with City of Lake Elsinoro Ordinances, Standard Specifications for
Public Works Projects (if applicable), and Specif,cations s€t forth in this bid package (Soe Annual Tree
Maintenance Contract, Attachment 'C' thereto for the Specifications.) The budget for the pmject is
flexible and is dependent upon the City Council approved tree maintenance budget.
Pag€ 17
Attachment "A"
Scope of Services
1. 9eryiscele-!c-@!94
A. Contractor shall furnish all labor, equipment, materaals 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
't 1. 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
13. Soil Leveling and Turf Re-Establishment
14. Damaged Tree and/or Shrub Replacement
15. Collection and Updating of the GPS Tree lnventory Data
16. Determine a Prune Cycle Calculator Based off of Tree lnventory
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 . Trafiic 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. lt 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. lt is expected that all work will be completed in a timely manner.
Page 5
2. Pruninq Standards and--Spea!!!g!!9!!S
A. All work shall conform to the most current Pruning standards of the western chapter lsA, ANSI
A300, and these specifications. ln all cases the City's authorized representative(s) shall have
complete and sole discretion in determining conformance and acceptability of trees trimme-d by
the contractor. Trimmed tfees reiected by the city's representative shatl be excluded from
payment,
B. Contractor shall comply with Standards of CAL OSHA and the American National Standard
lnstitute, 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
annoyani" to the Public. Work shall be performed by competent, qual6ed and certified
empl;yees. 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 nece$sry when working adjacent to aerial and
subterranean utilities. ln the event that aerial utility wires present a hazard to the contractor's
personnel or olhers near the work site, work is to immediately cease and the appropriate utility
company notified. Work shall then commen@ in accordance with instructions from the utility
combani, ln the event that work causes excavation, the conlractor 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.
t. Unless otherwise provided, trees are to be trimmed block by block, subiect 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.
L. Limbs one inch (1") in diameter or greater shall be precut to prevent splitting. when the_te is a
chance of bark teaiing at crotch, laige 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 (1/3) of lhe diameter. The second cut shall be one-inch (1")
to three inches (3") 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 trimminq, Conlractor 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.
3. Street Tree Trimmino
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. ln addition,
trees shall be trimmed to provide a minimum clearance of twelve feet (12) over the roadway
and nine feet (9') overwalkways. 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 consistenl 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
(1/2"); to the parent stem so that healing can readily start under normal conditions. All limbs two
inches (2") or greater shall be undercut to prevenl 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 lree, leaving the head open enough for
the branching syslem 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.
4.
Paruslope 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.
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. ln addition,
trees shall be trimmed to p.ovide a minimum clearance of twelve feet (12') over the roadway
and nine feet (9') over walkways (unless otherwise directed by a Cily 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 e),treme effect
of the clearance trimming and provide an acceptable aesthelic appearance.
The spec ic 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
(1/2"); to the parent slem so that healing can readily start under normal conditions. All limbs trivo
inches (2") or greater shall be undercut to prevent splitting. The remaining limbs and branches
Page 7
B.
C-
shall not be spllt or broken at the cut. All crossed or rubbing lirnbs shall be removed urlless
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 kee, leaving the head open enough for
the branching syslem to show and permitting the dead material to be easily cleaned out and
light to showlhrough the head. Tree foliage shall be reduced by at leasl 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.
s.
A. Parl/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
forthistype of trimming shall be determined and agreed upon priorto 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. ln 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 lo remove any obstruction around trafric 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 specilic 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 hatf inch
(1/2"); to the parent stem so thal healing can readily start under normal conditions. All limbs two
inches (2") or greater shall be undercut to prevenl 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 an large gaps in the general outline of the tree. All trees shall be thinned of
smaller limbs to distribute the foliage and weight evenly.
6. Erldtlse-ItiEmirc
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 uplvard lhirty degree (30') 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 al no addiiional charge.
Page 8
B,
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. IJselsltrE!8etreYrl
The trees to be removed will be marked in a manner determined by the City lepresentative(s).
Only those trees marked by the City shall be removed by the contractor.
Trees shall be felled in a manner consistent with industry practice with the primary emphasis on
the safety of the Public, Extra care shall also be taken to prevent unsafe working condations to
individuals, landscape, irrigation, structures, obstacles or private property.
Stumps shall be ground to a minimum of eighteen inches (18") below the level of the adjacent
ground. When a slump 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.
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.
C.
E. Roots having a diameter of four (4) or more inches shall be traced out and removed to a
L
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 prevenled by existing
sidewalks, curbs, buildings or other improvements.
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.
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 slumping operations.
Contractor will remove all USA markings within forty-eight (48) hours of work completion from
streets by use of black marking paint.
Any damaged caused by removal operations shall be repaired at the contractors sole expense.
8.@!!s-d!s
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.
Roots shall be pruned immedaately 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.
D.
F,
H.
B,
Page I
C. Root pruning equipment shall be speoficalty 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, al 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.
e. E!s!!-ns
A. Planting trees include staking, installing lies, 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
(Ameracan Public Works Association), standard plans for Public Works construction details
52O -2 and per 518-2 double.double staked
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 planled 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 hv'enty (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 sunounding
or existing grade.
1 o. EnetcercLl$rsill:]4aA
A. Contractor shall be required to provade 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 starl 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
responsibilityofthecontractortonotifythecity.@
contacled or fails to respond, a penaltu of $1.0N.00 per incident will be deducted from
f uture c ontracto r p av men ts.
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 .esponsible 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.
1t.@icn
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 maior 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 dg
work shall he oertormed on Saturdev- Sundav or Citv obserued Holidavs unle-ss
authorized bv the Citv represenletivelsl-
c. ln addition, the contractor shall meet with City representative(s) on a pre- scheduled
monthly basis.
12. Clean Uo
A. Contractor shall clean alljob 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 slreets.
B. Each day's scheduled work shall be completed an d cleaned up. LD!!9!!99L!99D!!3a99E L3!!
wav oveiioht. 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
equrpment.
C. The Contractor shall use extra caution to not drop limbs in to back yards. lf this happens the
contractor shall make their best efforts to conlact the resident to clean up the debras.
D. The City representative(s) shall be the sole judge as to the adequacy of the clean-up.
13.@
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. f,ny
debtis or materials reouiind disDosel shall not be deDosited 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 1'l
't4. Mulch Prooram
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 \r/hich 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 CalTrans. 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 representalive, disposal of other clean mulch at designated City facilities.
Clean mulch shall mean any wood chipping that are free oftrash, excessive leaves, pine, palm
and tamarisk debris.
15. lnspection
The City representative(s), shall at all times, have access to the work and shall be furnished
with every reasonable facilily for ascertaining full knowledge respecting the progress,
workmanship, character of materials and equipment used, and employed in the work.
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.
Periodically inspect the work to assisl in ensuring the work meets City standards.
All work shall meet the approval of the City representative(s), or rectified by the Contractor to a
condition that does meet this acceptance. Correclive action shall be performed at no additional
cost to the City. ln 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. Vvhenever Contractofs designated supervisor is not presenl 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
represenlative, and Contractor shall instruct its staff to follow these orders as though they
had been issued by Conlractor.
16. Brochures
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 Elsinorc. Sample brcchures must be included with submitled ,,roaosal,
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.
B.
D
Page 12
B. Pictures shall be provided for any tree that is determined to be dead, dying ol diseased.
c- When called out for emergency situation before and after pictures shall be taken. These pictures
will be provided to a designated City representative by lhe next business day.
18. Il3ff!s,_@!
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 conlract 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 haffic. 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.
D. llluminated arrow boards, sign standards, delineators and/or cones shall be used to identify work
site for vehicular and pedestrian safety.
E. should the conlraclor appear to be neglectful or negligent in furnashing warning and
protective measures, the city may direct attention lo the existence of a hazard and the
necessary warning and protective measures shall be immediately furnished and installed at
the Contraclor's expense
19. Siqns
A. Contraclor shall equip each vehicle used in the City with signs that read,'Tree Maintenance
Services Contractor for the City of Lake Elsinore".
20. IIeeJ.urG$9II-Data!3se
A. Contractor shall provide and maintain an up-to-date user friendly compulerized tree inventory
software sysiem 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 lrees 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 ArborAccess tree inventory system. Special
consideration will be given to conlraclors who utilize this system or can provide a compatible
database.
. Have an ISA Certifled 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 al breast height) and condation evaluation.
Provide the City with Global Positioning System (GPS) coordinales for each tree inventoried.
The information collected can be linked directly to a Geographical lnformation System (GlS)
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 GlS, X, Y State Plane Coordinate (Optional). Species by Botanical Name and Common Name. Tree Diameter. Canopy Spread. Tree Height. RecommendedMaintenanceClassification. Existing overhead Utilities. Parkway Size. Partway Type. PublicJPrivate 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 ofthe City's Urban Forest. The Contractor shall have developed a complete and
comprehensive computer software program in at least five (5) Califomia 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. ln addition lo 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 lhe use of the tree inventory program.
Page 14
21. Contracto/s Emplovees
A. The Contraclor'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 Contradof s
employeesshall be ofthe same color, material and style.
B. The Contracto/s employees shall, when working on medians or inother vehicle traffic areas,
be required to weat 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
CERTIFICATE IS ISSJED AS A MAT
RANCE POLICY AND DOES NOT AM
,TION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICr'TE HOLDER. THIS CERTIFICATE IS
ALTER THE CCN'ERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THA
NAME AND
ADDRESS
OF INSURED NSURANCE
Conditions and is mt altered by my requirement, tem oicondilion of any coitmct or other document with respect to whicli this certifiiate iriy 6e iss$a
This is to Certifv thatt-! wesr coAST ARBoRISTS, INC
22OO EAST VIA BURTON
ANAHEIM CA 92806
l-Cit, of Lake Elsinore' 130 South Main Street
Lake Elsinore CA 92530
NOTICE Or CANCELLATION: OqT 4!PL q4rl-! UNLESS A NUMBER OF DAYS lS ENTERED BELOW.)
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED I.JNDER THE ABOVE POLICIES L]NTIL AT LEAST 30 DAYS NOTICE
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Liberty Mutual
Insurence Group
Elaine Ulan
Los Angeles / 0603
818 W 7th Street, Suite 850
Los Angeles cA 90017
PHONE DATEISSUED
This certificate is executed by LIBERTY MUTUAL INSLIRANCE GROLIP as respects such insurance as is afforded by those Companies NM 772 07-10
351288081il_2S191't/L7-7/t8-CL/2/1,N,/2,ttlc/t,u/slDomaSmj.ralal6/t3/20:.711:20:48N(CDT)lpagelofl
LDt COt 268896 02 11
c
E:
o
AUTHORIZED REPRESENTATIVE
056,1408
213443-0782 6t13t2017
TYPE OF POLICY
trxP [rA I t
E coNrnnrous
E rxrrNoeo
E polrcv rsnv
POLICY NIJMBER LIMIT OF LIABILITY
WORKERS
COMPENSATION
Statutory Limits
71112018 wA7-66D-039499-077 SOVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
All States Exceot:
ND, OH, WA, WY
EMPLOYERS LIABILITY
Bodilv Iniurv bv Accident' $1.o00.oooe*r.r*ia.n
Bodily Injury By Disease
sl ooo ooo
Bodily Injury By Disease
s1 000 000
COMMERCIAL
GENERAL LIABILITY
EI occu**r*cr
E cr-arrtas ueor
711t2018 T82-661-039499-01 7
ieneml Aggregate
lroducts / Completed Opemtions Aggregate
lach Occunence
$1.000.000lcffiTTi-l 'enoml&Advertisinglnjrrv $1,0oo,ooo perperson/organizarion
)ther l)ther
?:re.p^%t8#"rises rented to lMedical Expense $5,000
AUTOMOBILE
LIABILITY
M o*""o
E NoN-o*Nso
E rt*r,
71112018 AS7-661 -039499-037 - Each Accident-Single Limit
$2,000,000 B.I. And p.D. combined
Each Pcreon
Each Accidot or Occmence
Each Accident or Occmence
OTHER
Umbrella Excess Liability
7t1t2017 -7t112018 TH7-66 1 -039499-047 $5,000,000 Per Occurrence/Aggregate
ADDITIONAL COMMENTS
RE: All jobs.p.erformed !Y the named insured during the policy term. Per form CG 2010, City of Lake Elsinore is additional insured under the
General Liability policy if required by a written contract wilh the Named lnsured, but only forihe coverages and limits provided by the policy
and the additional insured endorsement.
'Ifthe cenificate expimtion date is continuous or extended tunr, you will be notified ifcovemge is terminaled or reduced before the certificate expimtion date
I tt^*/)t-^-
$2.000.000
POLICY NUMBER: T82-661 -03949$.01 7 COMMERCIAL GENERAL LIABILITY
cG 20 10 04 13
THIS SNDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
COhITRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This srdorsement rnodifie insurance protided under the fdlorvr'ng:
COMMERCIAL GENERAL UABILITY COVERAGE PART
A. Sedlon ll - Who ls tui lnsured is amended to
include as an addilional irsured the persm(s) s
organizatim(s) shorvn in the ScMule. but onV wiUt
respect to liability for "bodily injuryf, 'property
damage" or "per'scnal ild adueftising injury''
carsed, in nrfple s in pat, Qrr
1. Your acts or qnissftrnsl or
2. The ilts or mrissions of those acting on your
behalfl
in the perfonnarre of yor rgoing operations fshe additional insurd(s) at the location(s)
designated abore.
Horvelrer:
1. The insurance afforded to such additimal
insured only applies to the extent permmed by
lau( rd
2, lf co,erage proided to the additimal insured is
required by a cofi-act or agreemenl the
insurme afforded to such additmal insured will
not be broader tirnr that wlr'tch you are requird
by the cmtmct or agreernent to praride for such
additiond insured.
B. With respect to the insurance atforded to these
additimal insureds, the fdloryirU addilimal
otclusions apply:
This insurance dm ncn appty to "bodily injury/' or
"property damage" occurring after:
1. All wqk, irrcluding nrderials, parts s
equipment furnished in ccnneclion wih swh
nork, on the prciect (other than service,
maintenarre or repairs) !o be performed by a
on bdralf cf the addrtimal insured(s) at the
locdim of the corered operations has been
ccmfleed:a
2. Thal porticn of '3rcur rarcrk" o.rt ol which the
injury or damage ariss has been put to iB
interded use by any persfi or agenization
otlrcr thil arcther cortractor or subcantsactor
ogaged in perfrming ope!'atlons lor a
principal as a part of the same proiect
C. With respect to the lnsurance afforded to these
additimal insureds, the folloMng is added to
Sction lll - Limits Of lnsuranse:
lf carerage provided b the dditimd insured is
required $r a cmtrrt tr agreemenL the most ure
will pqy m belralf cf the additimal inswed is the
amoJnt cf insurance
1. Required bythe confact or agreenwrt; or
2 ArailaHe under the aplicaHe Umits of
lnsurance sllorn in the Declarations;
whiclueris less.
This endorsement shdl not increase
applicaHe Limits ol lnsurance shorm in
Dslarations.
tre
the
i{ame Of Addhlonal lnsured Person(s)
Or OrganizaUon(s):
Any oms, Iesseg or ctrrtracttr fa whorn you have
agreed in wriling pfltr to a loss to prouide li*ility
insurance
lnfornration required to corndete this Schedule if nct shcrrrn aboie, will be shorun in the Declaratims.
@ lnsurance SeMces Office. lnc..2O12
SCHETX'LE
Location(s) Of Covered Operations
Atry locatim listed in such agreenurt
cc 20 10 04 13 Page I of 1
AMENDMENT NO.2
TO AGREEMENT FOR CONTRACTOR SERVICES
West Coast Arborists, lnc.
Annual Citywide Tree Maintenance Services
This Amendment No. 2 to Agreement for Contractor Services ("Amendment No. 2") is made and
entered into as of August 23,2016 by and between the City of Lake Elsinore, a municipal corporation
City), and West Coast Arborists, lnc., 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 othenrvise 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 OriginalAgreement allows the City to extend the
term on a 12-month basis, notto exceed four (4) additional 12 month renewals. Amendment #1 provided
for an additional $30,000 to tree trimming and maintenance services bringing the annualtotalto $1 15,000
for those services and extending the term ending June 30, 20'17.
C. The parties now desire to increase the funding by $300,000 to purchase and plant new
trees and upgrade landscaping throughout the City as set forth in this Amendment No. 2.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
City and Contractor agree as follows:
1. 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.
ln no event shall Contractor's compensation related to Amendment No. 2 for Fiscal
Yeat 2016-2017 exceed Three Hundred Thousand Dollars (9300,000) without
additional written authorization from the City.
Notwithstanding any provision of Contractor's Proposal to the contrary, out of
pocket expenses set forlh 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 specilically set forth herein, all other terms and conditions of the
Original Agreement and Amendment No. 1 shall remain in full force and effect.
lN WTNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the
respective dates set forth below.
CONTRACTOR"
APPROVED AS TO FORM:
City Attorney
Attachment: Original Agreement
Amendment No. 1
CITY OF LAKE ELSINORE, a municipal
ATTEST: , ,
a)
rt//,--
f Y, ql lt ,c)*-
etfclerk
Date:
AMENDMENT NO. 'I
TO AGREEMENT FOR CONTRACTOR SERVICES
Wrest Coast Arborl`ts,Inc.
Annual Cityc+wlde Tree Maintenance Servicax
This Afnendrnent No. 1 to Agraernent for Contractor Services rAmendmetd No. 11 is made and
entered Into as of July 1,2016 by and between the City of take ElsIrm,a municipal corpawtIon('City),
and West Coast Arborlots, Inc.,a Cz9forrfa cmrpomtktn CCU').
RECITALS
A. The City and Contractor hm entered into that Certain Agreement for Contracr Services
dated as of June 23,2016(lire"anginal Agreement"). l=.aoept ae otherwbs defdod herein,sA oepitsiised
Wme used herein shell have the meanings set lbrth for such temna in the OrlonW Agreement.
S. The Original Agrsernent provided for oan►penasation to Contractor In an amount not to
exceed$W.000 for fhe term erm*V June 30,2018.The Odglnel ASrraarnent a the Clty to extend the
term an s 12-month bealb,not to exceed four(4)addlttorral fit month renewerie.
C. The puss now desire to extend the tern for addfdonmi 12-month period fbr such services
24 set forth In this Amendmant No. 1.
NOW, THEREFORE. in consideration of the mutual ooverw is and conditions set forth hengn,
City WW Contractor agree as follows:
1. Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the
Unteas earner terminated as provided in the Od2Inel Agreement,Amandmant No.
1 shall continue In full fame and efleat fvr a perW of twain (12) months,
cr wnancing on July 1,2016 and NOV on June 30, 2017. The CRY may,at its
sole dlacratfon, extend the term Of the Agnaernetnt an a 12-month bait not by
eocta od three (3) additional W *ie (12) month renewal terms by giving written
native thered to Contractor not Was than Oft (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 Agreemant is hersby amended to read In its
o tkety►as fcliows.
Compensation to be gold to Contractor shall be in a000rdwAm with the fees sat
forth in cantractoro' Proposai, athmhed as Exhlblt A to the Original Agreement
and incorporaterd herein.
In no event airelf CorMrs+rwer�loon'pe nation eel to�drnent No,1 for Fiscal
Year 201 -2017 exceed ,li ho Hundred Thousand Dollars $260 OOD
without additional written outhortzmion from the City. ( }
NotwithstendfnU any provision of Contractor's Proposal to the contrary, out of
pocket ex MOes met forth in Exhk*A shall be raimtxmeed at cost without an
Inflator or administrative charge. Payment by City under this Agreement shell not
'!F C.oreCc_'YjaH aSt St-rivev,,eet, ,eCsod-5 $ r '-f j ;LO1L
AW%&M 11^ P
rr Igotta
lw CA, Ire. . / 1
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 conditions 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" "CONTRACTOR"
CITY OF LAKE ELSINORE, a municipal West Lk as Arborists, Inc., California
corporation corpo ion
Grant tes, City Manager Patrick ahoney, President
Date: 71� 1L Date: 1 _ 13 _ fit'
ATTEST:
��, I)r1w 4L
t-iqtlerk
APPROVED AS TO FORM:
V ✓ C�
City Attorney
Attachment: Original Agreement
ORIGINAL AGREEMENT
[ATTACHED]
ORIGINAL AGREEMENT
Attachment
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
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 DOCLIments. 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' Con�pensatio_n 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 Covera e. 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.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) 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. 12/90) 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. Amend i-,ents. 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_Venl,lq. 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. L'Itictation 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 A reement. 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.
[Signatures on next page]
Annual Citywide Tree Maintenance Services
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CONTRACTOR"
"CITY" West Coast Arborists, orporation
CITY OF LAKE ELSINORE, a municipal
corporation
By: Patrick Mahoney
JA04�--
Grant Y s, City Manager
Its: President
ATTEST:
City Clerk
APPROVED AS T VR
f
Ci Attorney
Attachments: Exhibit A—Contractor's Proposal
Exhibit B— List of Subcontractors
Annual Citywide Tree Maintenance Services
Page 10
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
LXHIBI F A
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 UNIT
NO. PRICE
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/Shaping EACH $194.00
7 Palm tree seed pod only removal EACH $34.00
g Tree and Stump Removal DBH per
INCH $26.00
DBH per
g Tree only Removal INCH $19.00
10 Stump only Removal DSH per $14.00
INCH
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
LINEAR
16 Root Pruning FOOT $24.00
17 Crew Rental—per person HOUR $64.00
Page 16
ITEM UNIT
NO. CODE DESCRIPTION OF ITEMS UNIT PRICE
Emergency Crew Rental—per person—regular HOUR
�$ business hours $64.00
19 Emergency Crew Rental- per person -After HOUR $94.00
hours, Weekends and Holidays _
20 Specialty Equipment Rental HOUR $144.00
21 ArboristServices (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
Attachment "A"
Scope of Services
1. Services to be Provided
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
13. 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.
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, Z133 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.
I. 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.
L. 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 (1/3) of the diameter. The second cut shall be one-inch (1")
to three inches (3") 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
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.
3. Street Trey:Tri nm iin�l
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
(1/2"); 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.
4. ParklSlarxe Tree Aesthgtiic Trimming -Aerial Unit
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
(1/2"); 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
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. Piantincl
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. Emergency l"On gall"Work
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 penalfV of$1,000.00 per incident will be deducted from
ftrture 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 air
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 f Work arzci 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. &
„work sh a be ,nerfornzed on SaturdaK 7undav err City +observed Holidays un gsauthor&ed by the City reMsentative(s),
C. In addition, the contractor shall meet with City representative(s) on a pre- scheduled
monthly basis.
12. Clean Uo
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 nocircumstances 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. Disposal 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. AU
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. Ins ection
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. Sample brochures must be included with subrliitted12LW al.
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 representativels at least fifteen {15]
days prior to startinq 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. Signs
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 Inver tvey Dat4ah a*
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.
PagL 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]
N/A
EXHIBIT 13
Certificate of Insurance
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFIC rE HOLDER. '['HIS CER'HFICATE IS NOT AN
INS(IRANCF POLICY AND DC)ES N(:Yl'AMIiNf:),l X7IiND,OI(.ALTER'flll?(:OVBC(.AGI;?�FFI:1tiDED BY`fl Ili POLICIES LISTED BELOW.POLiC'Y LIMITS ARE NO LESS THAN THOSE
1.Eti1-F.D.Al i'HOLIC31 POLICItsS fwiAY IN
LL1GYr JWL1iT1L)NALSL1LiL1M1'1'11Slsil'LS -
This is to Certify that
F—WEST COAST ARBORISTS, INC
2200 EAST VIA BURTON NAME AND "
2200 E S VI 9BUR ADDRESS L1Mutual.
OF INSURED
INSURANCE
is,at the issue date of this certificate,insured by the Company under the po(icy([ca)listed below. The insurance afforded by the listed policy(ics)is subject to all their terms,exclusions and
Conditions and is not altered by any requirement,term or condition of mty cuninict or other document with respect to which Ili is certificate may be issued.
EXP DATE
TYPE OF POLICY CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY
❑EXPENDED
m POLICY TERM
WORKERS 7/112016 WA7-66D-039499-075 (COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES:
COMPENSATION All States Except: Balily ht'urybyAecident
Statutory Limits ND,OR WA,WY 1 00 OOO h.pb Accident
Bodily Injury By Disease
1 000 000 Eoligg Limit
Bodily Injury By Disease
1 000 000
COMMERCIAL Gcneml Aggregate
GENERAL LIABILITY 711/2016 TB2-661-039499-015 $2.000,000
m OCCURRENCE (Products/Completed Operations Aggregate
$2 000,000
❑CLAIMS MADE Each Occurrence
$1 000,000
RETRO DATE Personal&Advertising Injury
$1,000,000 Per Person/Organization
(Ydncr )(her
Dania a to remises rented to Medical Expense$5,000
AUTOMOBILE Each Accident—Single Limit
LIABILITY 7/1/2016 AS7-661-039499-035 $2,000,000 B.1 And P.D.Combined
Each Person
OWNED
�m NON-OWNED Each Accident or Occurrence
LY I HIRED Each Accident or Occurrence
OTHER 7/1/2015-7/1/2016 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 re(Iuired by a written contract with the Named Insured,but only for the coverages and limits provided by the policy
and the additimial 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.) Liberty Mutual
BEFORE Tum. STATED RXPIRAT[ON DATE THE COMPANY WILL NOT CANCEL OR REDUCE '['FIE
INSURANCE AFFORDED UNDER TI IF ABOVE POLICIES UNTIL AT LEAS r 30 DAYS NOTICE Insurance Group
OF SUCH CANCELLATION HAS BBEN MAILIsD TO:
FCity of Lake Elsinore
130 South Main Street Elaine Ulan
Lake Elsinore CA 92530 Los Angeles/0603 nu rnoR105644+08EtiF.N'rA'rlvE
s
m Los Street,Suite
5
Angeles CA 90017 213-624-1171 6/16/2015
LI OFFICE. PI[ON E DATE ISSUED
This certificate is exaculed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is all'orded by those Companies NM 772 07-10
2-u13461) I I'M zeiy 1 1/1'' ill(. C,t,/2/n, AL/2, wC/1, a/-, (,/16/Mlb u:as:r_ ens ICoT)
LDI COI 268896 02 11
POLICY NUMBER:TB2-661-039499-015 COl,+WERCIAL GENERAL LIABILITY
CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES CAR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Secdon II — Who Is An Insured is amended to 1. All work, Including materials, parts or
include as an additional insured the person(s) or equipment furnished In connection with such
organlzation(s) shown In the Schedule, but only with work, on the project (other than service,
respect to IlabNfty for 'bodily injury", "property maintenance or repairs) to be performed by or
damage" or "personal and advertising injury' on behalf of the additional insured(s) at the
caused,In whole or In part, by: location of the covered operations has been
1. Your acts or omissions;or completed; or
2. The acts or omissions of those acting on your 2. That portion of 'your work` out of which the
behalf. Injury or damage arises has been put to its
In the performance of your ongoing operations for intended use by any person or organization
the additional insured(s) at the location(s) other than another contractor or subcontractor
designated above. engaged in performing operations for a
principal as a part of the same project
However. C. W 1h respect to the Insurance afforded to these
1. The insurance afforded to such additional additional Insureds, the following is added to
Insured only applies to the extent permitted by Section III—Limits Of Insurance:
law;and If coverage provided to the additional insured is
2. If coverage provided to the additional insured is required by a contract or agreement, the most we
required by a contract or agreement, the will pay on behalf of the additional Insured is the
insurance afforded to such additional Insured will amount of insurance:
not be broader than that which you are required 1. Required by the contract or agreement;or
by the contract or agreement to provide for such
additional insured. 2. Available under the applicable Limits of
B. With respect to the insurance afforded to these insurance shown in the Declarations:
additional insureds, the following additional whichever is less.
exclusions apply: This endorsement shall not increase the
This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown In the
"property damage" occurring after: Declarations.
SCHEDULE
Name Of Additional Insured Person(s) 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 liability
insurance
information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 2010 0413 C Insurance Services Office, Inc.,2012 Page 1 of 1
Certificate of Insurance
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICH I"S UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND,EX IfiND,OR Al-I kit I HE COVERA(I;AFFORDED BY CHL POLICWS LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE
LISI]J) AI_TI10(1611 POLICIES MAY INC'I UDI-ADDI I ONAl..SUBIJMl1'II.IMITS NO! LISI ED BELOW.
This is to Certify that
I WEST COAST ARBORISTS, INC
2200 EAST VIA BURTON NAME AND
INSURANCE
ANAHEIM CA 92806 ADDRESS - Liberty Mutual.
1.
OFINSURED
is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and
Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued.
EXP DATE
TYPE OF POLICY ❑CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY
❑EXTENDED
❑POLICY TERM
WORKERS 7/1/2017 WA7-66D-039499-076 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES:
COMPENSATION All States Except: Bodily Idury by Accidem
Statutory Limits ND,OH,WA,WY 1 000 000 .a m m
Bodily Injury By Disease
1 000 000
Bodily Injury By Disease
1 000 000
COMMERCIAL 7/1/2017 T62-661-039499-016 General Aggregate
GENERAL LIABILITY $2,000,000
®OCCURRENCE Products/Completed Operations Aggregate
$2,000,000
❑CLAIMS MADE Each Occurrence
$1,000,000
RETRO DATE Personal&Advertising Injury
$1e 000,000 Per Person/Organization
Other OLhes
Damage to premises rented to Medical Expense$5,000
AUTOMOBILE 7/1/2017 AS7-661-039499-036 Each Accident—Single Limit
LIABILITY $2,000,000 B.I.And P.D.Combined
OWNED Each Person
mNON-OWNED Each Accident or Occurrence
HIRED Each Accident or Occurrence
OTHER 7/1/2016-7/1/2017 TH7-661-039499-046 $5,000,000 Per Occurrence/Aggregate
Umbrella Excess Liability
ADDITIONAL COMMENTS
RE:All jobs performed by the named insured during the policy term. Per form 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.) t
Liber Mutual
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 Insurance Group
OF SUCH CANCELLATION HAS BEEN MAILED TO:
FCity of Lake Elsinore
130 South Main Street Elaine Ulan
Lake Elsinore CA 92530 Los Angeles/0603 AUTHORIZED REPRESENTATIVE
f= 818 W 7th Street,Suite 850 0564408
Los Angeles CA 90017 213-624-1171 6/16/2016
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
lI1 II II. I TM I.I. I I/l C_^I/lI - IT 11/1 AT i. TT/C 1 i 11. —i F�I� I C/lC/Il 1 o.I C.IC TM !—I I ..-. 1 -1 1
POLICY NUMBER;T132-661-039499`016 COMMERCIAL GENERAL LWBIUTY
CG20100413
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 1. All work, including materials, parts or
Include as an additional insured the person(s) or equipment famished in connection with such
orgenkndorn(s) shown in the Schedule, but only with vvork, on the project (other than service.
respect to liability for 'bodily injury', "property maintenance or repairs) to be performed by or
damage" or "personal and advertising injury' on behalf of the additional insured(s) at the
caused,in whole or in part,by- location of the covered operations has been
1. Your acts or omissions; or completed;or
2. The etas or omissions of those acting on your 2. That portion of 'your work' out of which the
behalf 'rrrjury or damage arises has been put to its
In the performance of your ongohg operations for intended use by any person or organization
the additional insured(s) at the location(s) other than another contractor or subcontractor
designated above. engaged In performing operations for a
principal as a part of the same project
However. C. Wth respect to the insurance afforded to these
1. The insurance afforded to such additional additional Insureds, the following is added to
insured ordy applies to the extent permitted by Section Ill—Limps Of Insurance:
law;and
2. If coverage provided to the additional insured Is r coif provided to the additional insured is
regained by a contract or agreement
, the
he most we
required by a contract or agreement, the will pay on behalf of the additional insured is the
insnsance afforded to such additional insured vAll amount of insurance:
t be broader than that which you are required 1. Required by the contract or agreement;or
y the contract or agreement to provide for such
additional insured. 2. Available under the applicable Limits of
B. With respect to the Insurance afforded to these Insurance shown in the Declarations;
additional insureds, the following additional whichever is less.
exclusions apply: This endorsement shall not Increase the
This insurance does not apply to "bodily injury' or applicable Limits of Insurance shown In the
'"property damage' occurring after: Declaratlns.
SCHEDULE
Name of Additional insured Person(s) Location(s)Of Covered Operations
OrOrganizattown(s):
Any owner, lessee, or contractor for whom you have Any location listed in such agreement
agreed in writing prior to a loss to provide liability
insurance
Information required to complete this Schedule, if not shown above. will be shown in the Declarations.
CG 2010 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1
AMENDMENT NO. 'I
TO AGREEMENT FOR CONTRACTOR SERVICES
Wrest Coast Arborl`ts,Inc.
Annual Cityc+wlde Tree Maintenance Servicax
This Afnendrnent No. 1 to Agraernent for Contractor Services rAmendmetd No. 11 is made and
entered Into as of July 1,2016 by and between the City of take ElsIrm,a municipal corpawtIon('City),
and West Coast Arborlots, Inc.,a Cz9forrfa cmrpomtktn CCU').
RECITALS
A. The City and Contractor hm entered into that Certain Agreement for Contracr Services
dated as of June 23,2016(lire"anginal Agreement"). l=.aoept ae otherwbs defdod herein,sA oepitsiised
Wme used herein shell have the meanings set lbrth for such temna in the OrlonW Agreement.
S. The Original Agrsernent provided for oan►penasation to Contractor In an amount not to
exceed$W.000 for fhe term erm*V June 30,2018.The Odglnel ASrraarnent a the Clty to extend the
term an s 12-month bealb,not to exceed four(4)addlttorral fit month renewerie.
C. The puss now desire to extend the tern for addfdonmi 12-month period fbr such services
24 set forth In this Amendmant No. 1.
NOW, THEREFORE. in consideration of the mutual ooverw is and conditions set forth hengn,
City WW Contractor agree as follows:
1. Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the
Unteas earner terminated as provided in the Od2Inel Agreement,Amandmant No.
1 shall continue In full fame and efleat fvr a perW of twain (12) months,
cr wnancing on July 1,2016 and NOV on June 30, 2017. The CRY may,at its
sole dlacratfon, extend the term Of the Agnaernetnt an a 12-month bait not by
eocta od three (3) additional W *ie (12) month renewal terms by giving written
native thered to Contractor not Was than Oft (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 Agreemant is hersby amended to read In its
o tkety►as fcliows.
Compensation to be gold to Contractor shall be in a000rdwAm with the fees sat
forth in cantractoro' Proposai, athmhed as Exhlblt A to the Original Agreement
and incorporaterd herein.
In no event airelf CorMrs+rwer�loon'pe nation eel to�drnent No,1 for Fiscal
Year 201 -2017 exceed ,li ho Hundred Thousand Dollars $260 OOD
without additional written outhortzmion from the City. ( }
NotwithstendfnU any provision of Contractor's Proposal to the contrary, out of
pocket ex MOes met forth in Exhk*A shall be raimtxmeed at cost without an
Inflator or administrative charge. Payment by City under this Agreement shell not
'!F C.oreCc_'YjaH aSt St-rivev,,eet, ,eCsod-5 $ r '-f j ;LO1L
AW%&M 11^ P
rr Igotta
lw CA, Ire. . / 1
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 conditions 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" "CONTRACTOR"
CITY OF LAKE ELSINORE, a municipal West Lk as Arborists, Inc., California
corporation corpo ion
Grant tes, City Manager Patrick ahoney, President
Date: 71� 1L Date: 1 _ 13 _ fit'
ATTEST:
��, I)r1w 4L
t-iqtlerk
APPROVED AS TO FORM:
V ✓ C�
City Attorney
Attachment: Original Agreement
ORIGINAL AGREEMENT
[ATTACHED]
ORIGINAL AGREEMENT
Attachment
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
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 DOCLIments. 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' Con�pensatio_n 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 Covera e. 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.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) 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. 12/90) 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. Amend i-,ents. 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_Venl,lq. 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. L'Itictation 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 A reement. 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.
[Signatures on next page]
Annual Citywide Tree Maintenance Services
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CONTRACTOR"
"CITY" West Coast Arborists, orporation
CITY OF LAKE ELSINORE, a municipal
corporation
By: Patrick Mahoney
JA04�--
Grant Y s, City Manager
Its: President
ATTEST:
City Clerk
APPROVED AS T VR
f
Ci Attorney
Attachments: Exhibit A—Contractor's Proposal
Exhibit B— List of Subcontractors
Annual Citywide Tree Maintenance Services
Page 10
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
LXHIBI F A
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 UNIT
NO. PRICE
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/Shaping EACH $194.00
7 Palm tree seed pod only removal EACH $34.00
g Tree and Stump Removal DBH per
INCH $26.00
DBH per
g Tree only Removal INCH $19.00
10 Stump only Removal DSH per $14.00
INCH
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
LINEAR
16 Root Pruning FOOT $24.00
17 Crew Rental—per person HOUR $64.00
Page 16
ITEM UNIT
NO. CODE DESCRIPTION OF ITEMS UNIT PRICE
Emergency Crew Rental—per person—regular HOUR
�$ business hours $64.00
19 Emergency Crew Rental- per person -After HOUR $94.00
hours, Weekends and Holidays _
20 Specialty Equipment Rental HOUR $144.00
21 ArboristServices (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
Attachment "A"
Scope of Services
1. Services to be Provided
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
13. 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.
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, Z133 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.
I. 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.
L. 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 (1/3) of the diameter. The second cut shall be one-inch (1")
to three inches (3") 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
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.
3. Street Trey:Tri nm iin�l
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
(1/2"); 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.
4. ParklSlarxe Tree Aesthgtiic Trimming -Aerial Unit
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
(1/2"); 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
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.
5. ParklSlg p,Tree Aesthetic. TriWnijing -Ciirn� lr
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
(1/2"); 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.
6.
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 (30°) 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. l Sturnl2 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.
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. Piantincl
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. Emergency l"On gall"Work
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 penalfV of$1,000.00 per incident will be deducted from
ftrture 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 air
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 f Work arzci 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. &
„work sh a be ,nerfornzed on SaturdaK 7undav err City +observed Holidays un gsauthor&ed by the City reMsentative(s),
C. In addition, the contractor shall meet with City representative(s) on a pre- scheduled
monthly basis.
12. Clean Uo
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 nocircumstances 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. Disposal 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. AU
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. Ins ection
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. Sample brochures must be included with subrliitted12LW al.
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 representativels at least fifteen {15]
days prior to startinq 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. Signs
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 Inver tvey Dat4ah a*
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.
PagL 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]
N/A
EXHIBIT 13
Certificate of Insurance
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFIC rE HOLDER. '['HIS CER'HFICATE IS NOT AN
INS(IRANCF POLICY AND DC)ES N(:Yl'AMIiNf:),l X7IiND,OI(.ALTER'flll?(:OVBC(.AGI;?�FFI:1tiDED BY`fl Ili POLICIES LISTED BELOW.POLiC'Y LIMITS ARE NO LESS THAN THOSE
1.Eti1-F.D.Al i'HOLIC31 POLICItsS fwiAY IN
LL1GYr JWL1iT1L)NALSL1LiL1M1'1'11Slsil'LS -
This is to Certify that
F—WEST COAST ARBORISTS, INC
2200 EAST VIA BURTON NAME AND "
2200 E S VI 9BUR ADDRESS L1Mutual.
OF INSURED
INSURANCE
is,at the issue date of this certificate,insured by the Company under the po(icy([ca)listed below. The insurance afforded by the listed policy(ics)is subject to all their terms,exclusions and
Conditions and is not altered by any requirement,term or condition of mty cuninict or other document with respect to which Ili is certificate may be issued.
EXP DATE
TYPE OF POLICY CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY
❑EXPENDED
m POLICY TERM
WORKERS 7/112016 WA7-66D-039499-075 (COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES:
COMPENSATION All States Except: Balily ht'urybyAecident
Statutory Limits ND,OR WA,WY 1 00 OOO h.pb Accident
Bodily Injury By Disease
1 000 000 Eoligg Limit
Bodily Injury By Disease
1 000 000
COMMERCIAL Gcneml Aggregate
GENERAL LIABILITY 711/2016 TB2-661-039499-015 $2.000,000
m OCCURRENCE (Products/Completed Operations Aggregate
$2 000,000
❑CLAIMS MADE Each Occurrence
$1 000,000
RETRO DATE Personal&Advertising Injury
$1,000,000 Per Person/Organization
(Ydncr )(her
Dania a to remises rented to Medical Expense$5,000
AUTOMOBILE Each Accident—Single Limit
LIABILITY 7/1/2016 AS7-661-039499-035 $2,000,000 B.1 And P.D.Combined
Each Person
OWNED
�m NON-OWNED Each Accident or Occurrence
LY I HIRED Each Accident or Occurrence
OTHER 7/1/2015-7/1/2016 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 re(Iuired by a written contract with the Named Insured,but only for the coverages and limits provided by the policy
and the additimial 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.) Liberty Mutual
BEFORE Tum. STATED RXPIRAT[ON DATE THE COMPANY WILL NOT CANCEL OR REDUCE '['FIE
INSURANCE AFFORDED UNDER TI IF ABOVE POLICIES UNTIL AT LEAS r 30 DAYS NOTICE Insurance Group
OF SUCH CANCELLATION HAS BBEN MAILIsD TO:
FCity of Lake Elsinore
130 South Main Street Elaine Ulan
Lake Elsinore CA 92530 Los Angeles/0603 nu rnoR105644+08EtiF.N'rA'rlvE
s
m Los Street,Suite
5
Angeles CA 90017 213-624-1171 6/16/2015
LI OFFICE. PI[ON E DATE ISSUED
This certificate is exaculed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is all'orded by those Companies NM 772 07-10
2-u13461) I I'M zeiy 1 1/1'' ill(. C,t,/2/n, AL/2, wC/1, a/-, (,/16/Mlb u:as:r_ ens ICoT)
LDI COI 268896 02 11
POLICY NUMBER:TB2-661-039499-015 COl,+WERCIAL GENERAL LIABILITY
CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES CAR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Secdon II — Who Is An Insured is amended to 1. All work, Including materials, parts or
include as an additional insured the person(s) or equipment furnished In connection with such
organlzation(s) shown In the Schedule, but only with work, on the project (other than service,
respect to IlabNfty for 'bodily injury", "property maintenance or repairs) to be performed by or
damage" or "personal and advertising injury' on behalf of the additional insured(s) at the
caused,In whole or In part, by: location of the covered operations has been
1. Your acts or omissions;or completed; or
2. The acts or omissions of those acting on your 2. That portion of 'your work` out of which the
behalf. Injury or damage arises has been put to its
In the performance of your ongoing operations for intended use by any person or organization
the additional insured(s) at the location(s) other than another contractor or subcontractor
designated above. engaged in performing operations for a
principal as a part of the same project
However. C. W 1h respect to the Insurance afforded to these
1. The insurance afforded to such additional additional Insureds, the following is added to
Insured only applies to the extent permitted by Section III—Limits Of Insurance:
law;and If coverage provided to the additional insured is
2. If coverage provided to the additional insured is required by a contract or agreement, the most we
required by a contract or agreement, the will pay on behalf of the additional Insured is the
insurance afforded to such additional Insured will amount of insurance:
not be broader than that which you are required 1. Required by the contract or agreement;or
by the contract or agreement to provide for such
additional insured. 2. Available under the applicable Limits of
B. With respect to the insurance afforded to these insurance shown in the Declarations:
additional insureds, the following additional whichever is less.
exclusions apply: This endorsement shall not increase the
This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown In the
"property damage" occurring after: Declarations.
SCHEDULE
Name Of Additional Insured Person(s) 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 liability
insurance
information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 2010 0413 C Insurance Services Office, Inc.,2012 Page 1 of 1
Certificate of Insurance
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICH I"S UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND,EX IfiND,OR Al-I kit I HE COVERA(I;AFFORDED BY CHL POLICWS LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE
LISI]J) AI_TI10(1611 POLICIES MAY INC'I UDI-ADDI I ONAl..SUBIJMl1'II.IMITS NO! LISI ED BELOW.
This is to Certify that
I WEST COAST ARBORISTS, INC
2200 EAST VIA BURTON NAME AND
INSURANCE
ANAHEIM CA 92806 ADDRESS - Liberty Mutual.
1.
OFINSURED
is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and
Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued.
EXP DATE
TYPE OF POLICY ❑CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY
❑EXTENDED
❑POLICY TERM
WORKERS 7/1/2017 WA7-66D-039499-076 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY
LAW OF THE FOLLOWING STATES:
COMPENSATION All States Except: Bodily Idury by Accidem
Statutory Limits ND,OH,WA,WY 1 000 000 .a m m
Bodily Injury By Disease
1 000 000
Bodily Injury By Disease
1 000 000
COMMERCIAL 7/1/2017 T62-661-039499-016 General Aggregate
GENERAL LIABILITY $2,000,000
®OCCURRENCE Products/Completed Operations Aggregate
$2,000,000
❑CLAIMS MADE Each Occurrence
$1,000,000
RETRO DATE Personal&Advertising Injury
$1e 000,000 Per Person/Organization
Other OLhes
Damage to premises rented to Medical Expense$5,000
AUTOMOBILE 7/1/2017 AS7-661-039499-036 Each Accident—Single Limit
LIABILITY $2,000,000 B.I.And P.D.Combined
OWNED Each Person
mNON-OWNED Each Accident or Occurrence
HIRED Each Accident or Occurrence
OTHER 7/1/2016-7/1/2017 TH7-661-039499-046 $5,000,000 Per Occurrence/Aggregate
Umbrella Excess Liability
ADDITIONAL COMMENTS
RE:All jobs performed by the named insured during the policy term. Per form 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.) t
Liber Mutual
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 Insurance Group
OF SUCH CANCELLATION HAS BEEN MAILED TO:
FCity of Lake Elsinore
130 South Main Street Elaine Ulan
Lake Elsinore CA 92530 Los Angeles/0603 AUTHORIZED REPRESENTATIVE
f= 818 W 7th Street,Suite 850 0564408
Los Angeles CA 90017 213-624-1171 6/16/2016
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
lI1 II II. I TM I.I. I I/l C_^I/lI - IT 11/1 AT i. TT/C 1 i 11. —i F�I� I C/lC/Il 1 o.I C.IC TM !—I I ..-. 1 -1 1
POLICY NUMBER;T132-661-039499`016 COMMERCIAL GENERAL LWBIUTY
CG20100413
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 1. All work, including materials, parts or
Include as an additional insured the person(s) or equipment famished in connection with such
orgenkndorn(s) shown in the Schedule, but only with vvork, on the project (other than service.
respect to liability for 'bodily injury', "property maintenance or repairs) to be performed by or
damage" or "personal and advertising injury' on behalf of the additional insured(s) at the
caused,in whole or in part,by- location of the covered operations has been
1. Your acts or omissions; or completed;or
2. The etas or omissions of those acting on your 2. That portion of 'your work' out of which the
behalf 'rrrjury or damage arises has been put to its
In the performance of your ongohg operations for intended use by any person or organization
the additional insured(s) at the location(s) other than another contractor or subcontractor
designated above. engaged In performing operations for a
principal as a part of the same project
However. C. Wth respect to the insurance afforded to these
1. The insurance afforded to such additional additional Insureds, the following is added to
insured ordy applies to the extent permitted by Section Ill—Limps Of Insurance:
law;and
2. If coverage provided to the additional insured Is r coif provided to the additional insured is
regained by a contract or agreement
, the
he most we
required by a contract or agreement, the will pay on behalf of the additional insured is the
insnsance afforded to such additional insured vAll amount of insurance:
t be broader than that which you are required 1. Required by the contract or agreement;or
y the contract or agreement to provide for such
additional insured. 2. Available under the applicable Limits of
B. With respect to the Insurance afforded to these Insurance shown in the Declarations;
additional insureds, the following additional whichever is less.
exclusions apply: This endorsement shall not Increase the
This insurance does not apply to "bodily injury' or applicable Limits of Insurance shown In the
'"property damage' occurring after: Declaratlns.
SCHEDULE
Name of Additional insured Person(s) Location(s)Of Covered Operations
OrOrganizattown(s):
Any owner, lessee, or contractor for whom you have Any location listed in such agreement
agreed in writing prior to a loss to provide liability
insurance
Information required to complete this Schedule, if not shown above. will be shown in the Declarations.
CG 2010 0413 0 Insurance Services Office, Inc.,2012 Page 1 of 1