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CC - Item 5D - Tree Trimming Maintenance Agreement Amendment631� TO: THE HONORABLE MAYOR ANI) CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGERt, �A DATE: OCTOBER 23, 2018 IRM SUBJECT: TREE TRIMMING MAINTENANCE, AGREEMENT AMENDMENT SUMMARY On October 11, 2016, the City Council approved a two-year agreement with West Coast Arborists, Inc., for Tree Trimming Maintenance Services. This agreement is set to expire on October 26, 2018. In accordance with this agreement, the City and West Coast Arborists, Inc. may extend the term of this agreement for Lip to two additional one year agreements. Staff is requesting to bring this contract in-line with the fiscal year for budgetary reasons, and therefore Would like to do an 8 -month extension rather than 12-nionths for an amount not to exceed $106,000 for grid trimming, additional services (ie, tree removals, treatment, and on-call trimming) and emergency response during the 8-nionih period, with an expiration date of June 30, 2019. STAFF RECOMMENDATION That the City Council authorize the City Manager to: 1. Execute an Amendment to extend the term of the Agreement by eight (8) months from October 26, 2018 — June 30, 2019. with West Coast Arborists, Inc. for a not to exceed amount of $106.000. DISCUSSION The current contract for City Tree "trimming Maintenance services with West Coast Arborists, Inc. expires on October 26, 2018. West Coast Arborists, Inc. has provided the City's 1ree Trimming Maintenance services since 2009. Tree Trimming Maintenance contributes to the City's overall appearance and provides additional safety measures by keeping trees healthy and by removing dead or damaged trees, limbs, and overgrown root systems. The scope of work in the existing agreement for rrlr'ree Trimming Maintenance set -vices comprises of trimming trees based on a grid schedule that was provided to the contractor by the City. In this model, trees are trimmed within defined areas as a preventative measure against overgrowth. When not trimmed, trees struggle to support limbs that become heavy and will often break and City Council Meeting October 23, 2018 Paee 2 of 2 fall, causing risk potential for damage to property and public Right of Ways. Per the three-year scheduled grid trimming, there are areas in the City not trimmed each year, and certain species of trees outside the scheduled grid areas require trimming on an annual basis. Emergency tree trimming and occasional removal of an entire fallen tree is also a necessary activity that is needed throughout the year. West Coast Arborists, Inc., throughout the term of this agreement, has met the expectations of staff. During times of extreme drought, West Coast Arborists, Inc. provided an alternative work plan that allowed the City to have the benefit of the grid trim price (reduced price per tree), while working reactively throughout the City. The contractor coordinates effectively with staff from the Public Works Department and the Public Safety Division. Additionally, the contractor has gone above and beyond in their response to emergency situations (windstorms, accidents, etc.) and their support of City events. The current agreement with West Coast Arborists, Inc. is set to expire on October 26, 2018. Staff is requesting an eight (8) month extension of the term which would expire on June 30, 2019, and with a new maximum contract amount of $106,000. FISCAL IMPACT Sufficient funding for Tree Trimming Maintenance services has been approved in the current Fiscal Year 2018 - 2019 Budget. STRATEGIC PLAN IMPACT — None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By; Pat PjKtf, Senior Management Analyst Greg Tsujiuchi, Acting Director of Public Works Attachment A: Amendment to Agreement with West Coast Arborist, Inc. Attachment B: Maintenance Services Agreement (West Coast Arborists, Inc.) Attachment A Amendment West Coast Arborist, Inc. FIRST AMENDMENT TO TREE TRIMMING MAINTENANCE AGREEMENT (WEST COAST ARBORISTS, INC.) This FIRST AMENDMENT ("Amendment') is made and entered into this _day of October, 2018 ("Effective Date"), by and between the City of Rosemead, a municipal organization, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and West Coast Arborists, Inc. with its principal place of business at 2200 East Via Burton Street, Anaheim, California 92806 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as 'Parties." WHEREAS, City and Contractor entered into an agreement on October 26, 2016, for Tree Maintenance Services (the "Agreement'); and WHEREAS, this Agreement is set to expire on October 26, 2018; and WHEREAS, the City and the Contractor may mutually agree to extend the term of this Agreement for up to eight (8) months. NOW, THEREFORE, the Parties agree as follows: SECTION 1. Section 3.1.2 "Term" shall be amended to read: 3.1.2. Term. Unless earlier terminated in accordance with Section 3.5.1 of this Agreement, the Term of this Agreement shall be for a period of eight (8) months. The Term shall commence after City Council approval, upon receipt and approval of all required bonds and insurance and final execution of the Agreement by both parties, hereby set on: SECTION 2. Section 3.3.1 "Compensation" shall be amended to read: 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed One Hundred Six Thousand Dollars ($106,000) during the extended term of this Agreement, as per the fee schedule submitted as part of the Contractor proposal (Exhibit B). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement (Exhibit B), or based on mutual agreement in case that extra work is not included. SECTION 3. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. SECTION 4. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. CITY OF ROSEMEAD WEST COAST ARBORISTS, INC. BY: BY: Gloria Molleda, City Manager Name: Attest: Title: City Clerk (If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED) BY: BY: Rachel Richman, City Attorney Name: Title: 2 Attachment B Tree Trimming Maintenance Services Agreement West Coast Arborist, Inc C,c r _A00039 ROSE A TREE MAINTENANCE SERVICES AGREEMENT (WEST COAST ARBORISTS, INC.) 1. PARTIES AND DATE This Agreement is made and entered into this, by and between the City of Rosemead, a municipal organization o nized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and West Coast Arborists, Inc. with its principal place of business at 2200 East Via Burton Street, Anaheim, CA 92806 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as `Parties." 2. RECITALS 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Tree Maintenance Services to public clients, is licensed in the State of California and is familiar with the Services required by the City. 3. TERMS 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply Tree Maintenance Services ("Services") to the City of Rosemead. The Services, or scope of work are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. Unless earlier terminated in accordance with Section 3.5.1 of this Agreement, the Term of this Agreement shall be for a period of two (2) years, with option for renewal for two (2) one-year periods, on an annual basis, based on the Contractor performance. The Term shall commence after City Council approval, upon receipt and approval of all required bonds and insurance and final execution of the Agreement by both parties, hereby set on: WEST COAST ARBORIST, INC. Page 2 of 29 New additional Tree maintenance needs, as developed or assumed by the City, may be added to the maintenance Agreement. Such additional scope of work will be considered change orders to the initial Agreement, and the value will be based on unit prices provided in Exhibit B, if applicable, and/or negotiated between the two parties of the Agreement. In compliance with all terms and conditions of this Agreement, Contractor shall perform the Tree Maintenance Services specifically described in, and in compliance with the requirements of Exhibit A (Scope of Work). The City shall have the right to alter the frequency of maintenance as necessary to ensure highest industry standards of maintenance, as long as the total hours required performing the work remains the same. Maintenance of areas can be substituted at the request of City as long as the total hours required performing the work remains the same. Maintenance unit prices and costs are contained in Exhibit B (Bid Unit Prices). All of the Exhibits are considered to be a part of, and incorporated into, this Agreement by reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For the purpose of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement, Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law, Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement and with the optimum regularity to ensure that the City trees remain healthy, aesthetically pleasing, and safe for both the motoring and pedestrian public. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such WEST COAST ARBORIST, INC. Page 3 of 29 conditions. In order to facilitate Contractor's conformance with an established maintenance schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property, shall be promptly removed by the Contractor at the request of the City. 3.2.5 City's Representative. The City hereby designates the Public Works Director, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.8 Contractor's Representative. Contractor hereby designates Mr. Tim Crothers, Area Manager as its designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/ her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times. 3.2.8 Standard of Care, Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and WEST COAST ARBORIST, INC. Page 4 of 29 approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -Contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed by the Contractor and shall not be re-employed to perform any of the Services or work as part of this Agreement. 3.2:9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom, Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit C attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. WEST COAST ARBORIST, INC. Page 5 of 29 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement. The total compensation shall not exceed One Hundred Fifty -Nine Thousand Dollars ($159,000.00) per year, as per the fee schedule submitted as part of the Contractor proposal (Exhibit B). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement (Exhibit B), or based on mutual agreement in case that extra work is not included in Exhibit B. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the work, but which the parties did not reasonably anticipate to be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., and California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance". If the Services are being performed as part of an applicable "public works" or "maintenance', as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this WEST COAST ARBORIST, INC. Page 6 of 29 Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, upon thirty (30) days notice before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. if this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1,3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may be appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: West Coast Arborist, Inc. 2200 E. Via Burton Anaheim, CA 92806 Attn: Mr. Tim Crothers, Area Manager CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Public Works Director WEST COASTARBORIST, INC. Page 7 of 29 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (46) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive 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 all subcontractors to agree in writing that City is granted a non-exclusive 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 and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and 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. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services. 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, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. WEST COASTARBORIST, INC. Page S of 29 3.5.6 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors and contractors arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with Tree Maintenance Services. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise WEST COAST ARBORIST, INC. Page 9 of 29 specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 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. Contractor further agrees to file, or shall cause its employees or sub -contractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. 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. 3.5.19 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. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. WEST COASTARBORIST, INC. Page 10 of 29 3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. LIST OF EXHIBITS • ExhlbltA Scope of Work • Exhibit B Bid Unit Prices and Amendment • Exhibit C Insurance Requirements WEST COAST ARBORIST, INC. Page 11 of 29 CITY OF ROSEMEAD By: 6 sok. i . a,— , cD . z to . t to Bill R. Manis, City Manager Date ATTEST: 24D— Io 2.b I� Marc Donohue, City Cleric Date APPROVED AS TO FORM: achel Richman, City Attorney Date WEST COAST ARBORISTS, INC. By; � k 10/? k I I Date By: PATRICK MAHONEY Title: PRESIDENT [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By; -21- ( k e. to Name: RICHARD MAHONEY Title: ASSISTANT SECRETARY AlF California: 23172 Plan Hill Pointe Drive PERFORMANCE BOND �g� z8H111s,C:492653 Californ( ia Public Works (900) 774-9733 rNsuanrvice )274 - National (714714) 770-984$9805 FAX Bond Na: RCB0003366 Premium: $ 1,213.00 KNOW ALL MEN BY THESE PRESENTS, That we, WEST COAST ARBORISTS, INC. , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surely, are held and firmly bound unto CITY OF i called the Obligee, in the sum of ONE HUNDRED FIFTY-NINE THOUSAND AND NO/100 Dollars ($ 159 -.0 0 --00 - - ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract, dated the _, day of 19_, with the Obligee to do and perform the fallowing work, to -wit: TREE MAINTENANCE SERVICES AGREEMENT ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no otherperson orentity has any rights against this bond; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration ofone (1) year from the date on which the Principal last performed work under the Contractor from the date of substantial completion of the Contract, whichever is earlier; and ** PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or not said liability is imposed by statute, common law, or is imposed by the Contract. It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract. i i Signed and wale hi 19th ay of OCTOBER 2016 Principal: WEST CO�ST"ARBp4sTk INC. CONTRACT07 RONDINGAND INSURAN CE COMPANY By. j PATRICK MAHONEY, PRESIDENT By. to ey-in-Fact MICHAEL D. $TONG ** THE EFFECTIVE DATE OF THE BOND SHALL BE FROM 10-26-16THROUGHI0-26-17 AND SURETY SHALL NOT BE LIABLE FOR ANY DEFAULTS OR EVENTS ARISING EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE BOND. AT SOLE OPTION OF THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWA CERTIFICATE, AND/OR RIDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON -RENEWAL j OF THE BOND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE CONSIDERED A BREACH WITHIN j THE EFFECTIVE PERIOD OF THE BOND. BnaLFiPP.ni-CA022196 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identify of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of —...—_...___Orange _ ) On October 21, 2016 before me, _ Amelia I. Menzel, Notary Public Date Here Insert Name and Title of the Officer personally appeared _...... _._. _-Patrick Mahoney Names) of Signer(s) who proved to me an the basis of satisfactory evidence to be the person(pf whose name)is E�` bscribed to the within instrument and ackno ged to me tha he y -executed the same in his authorized capacity), and that his/ signaturg on the instrument the persons), of-theupon behalf of which the person(,5Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l Signature ._ck k b(.b ------ Signature o Notary bite Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title of Type of Document: City of Rosemead Number of Pages: 1Signer(s) Other Performance Bond Document pate: 10/19/16 Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Patrick Mahoney ✓❑Corporate Officer — Title(s): President. -._.. . Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing: WCAL lite..—__ Signer's Name: ❑Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: (X%Vcf.<%4<{.<%V�(.K/J"✓vW=4`L(.`i%<ti+'C1[:k<=4v=V'cUr.4'e.%4u' JCSX%G`UG'�4`�t.<%()�(.<:4`o(/i'4'c4iC-()2:UrSlc4)c%�`�4"=�l':f)c%4'r%C>`%4Y:4Y-t:c:�,'c:�'�L� D2014 National Notary Association • www. NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 1 h (,e before me, R. Nappi "Nota Publi " Date Here Insert Name and Title of the Officer personally appeared MICHAEL D $TONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(ts) is/are subscribed to the within instrument and acknowledged to me that he/sXe/they executed the same in his/her/their authorized capacity(i&6), and that by his/tear/their signature(s) on the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. Co�^?z NQTpAY P4BI.ICCAIfNfA (2 - _ MY Coomm.mm. UP. 4. JuneT,2424 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature a�fi�'SZ 1 Sign tore of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General P Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I nthar• _ Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact C Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: �r=ce�c�ce.uK:a,^u.�ez�t,e:c..�x±�z�z^�a�^u^rw�.cK:cK:czR:e�e�c�c's�,zzrcQ.4^�c�e.�cev�re:uicaw� 02014 National Notary Association - www,NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 85907 California: MW book PAYMENT BOND 23172 Plaza Pointe Drive Suite 185 Califomia Public Works Laguna Hills, CA 92653 (714) 770-9733 ir-lsuxnn,ce (8110) 274-CBIC. National Bond No. _ RCB0003366 (719) 770.5805 FAX Chnrge for lois bond is included in premium for Pcrforniance Bond, KNOW ALL MEN BY THESE PRESENTS, That we, WEST COAST ARBORISTS, INC. , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound CITY OF ROSEMEAD called the Obligec, in the sum of ONE HUNDRED FIFTY-NINE THOUSAND AND NO/100 Dollars ($ 159,000, 00 - - --)(penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the _ day of , 19 with the Obligee, for TREE MAINTENANCE SERVICES AGREEMENT ("Contract"); NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then this obligation shall be void, otherwise to remain in full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assigns) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond. 2. It is a condition precedent to claim upon this bond that claimant has given the 90 -day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit may be brought on this bond unless commenced before the expiration of six months after theperiod in which stop notices may be filed as provided in Civil Code Section 3184. 4. If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attomey fee shall be paid from the bond unless such suit has been filed prior to payment by the Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed anoalgd this 19th day of OCTOBER 2016 Principal: § 'CRAARB9RISJS, INC. CONTRACTO S BONDING AND INSURANCE COMPANY By. Patrick Mahoney, Presid t MICHAEL STONG Attt7 yin -Fact ** THE EFFECTIVE DATE OF THE BOND SHALL BE FROM 10- 2 6-16THROUGHI 0-2.6-17AND SURETY SHA(I)NOT BE LIABLE FOR ANY DEFAULTS OR EVENTS ARISING EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE BOND. AT SO OPTION OF THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWAL CERTIFICATE, AND% RIDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON -RENEWAL OF THE BALHYP,BI-CA022196 BOND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE CONSIDERED A BREACH WITHIN THE EFFECTIVI PERIOD OF THE BOND. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1188 r.�:ecrsryr,�rcc�rrrm� �,cc,rnr,�rcxc:t,rr,�.r,�rcrcx2xcryr�r,�rarc:r<,rcccrTrcacrtir�coc�,crmmcrrrrcm.�r< A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy. or validity of that document. State of California ) County of on October 21,_201_6_ before me..__ __ Amelia I. Menzel, Nota Public _ Date Here Insert Name and Title of the Officer personally appeared ._. Patrick Mahoney Name(s) of Signer(s) p ty{ies); and that b i g nature on the Instrument the pe so� who proved to me on the basis of satisfactory evidence to be th arson whose name s/ scnbed to the within instrument and acknow!_ ed to me that e/ executed the same in his/ authorized ca act ,(sj; or the entity upon behalf of which the persoi, ac ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W#TNESS my hand and official seal.. Signature - Signature of N tary tic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: City of Rosemead_Payment Bond Document Date: 10119/16_ Number of Pages: 1 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney . ❑✓ Corporate Officer — Title(s): President Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Wth Inc. _. Signer's Name: ❑Corporate Officer — Title(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing:._. _.._. _._ 4�G.V`CV'C%CK4K.�S�`C.�i�."R%(N-�G'k%(XS.V�V`C%V'GL"�%G'LVY%L�Y��.'�4`ui`l%V�%G`C%VY%tX=C•Y.%(% v`f..G'CGti(r�`t:(r'[+"vY.%(JU)�'(iVv'C'N`Ui`Ur`CL'Uv`ZY.X 6;2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876.6827) Item 45907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 ��css�C-e�r'sac.Pc,�rs���-r�,r.,�.-„,�.,zx• - - - - .aesrsa A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ) On 16 /If/ / before me, R Nappi "Notary Public” Date Here Insert Name and Title of the Officer personally appeared MICHAEL D STONG Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(z) whose name(lj is/ale subscribed to the within instrument and acknowledged to me that he/sXe/they executed the same in his/hoer/their authorized capacity(ies), and that by his/her/their signature(g) on the instrument the person(xt, or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HAPPY I WITNESS my hand and official seal. I Comm. a 2152652 2 m pOSAWERSlfC'CAUfOBN1A /fes �ry NYEHSIOECOUNIY -�,.. My Comm; Exp.JurR7.202<1 Signature Signa re of Notary Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C Corporate Officer — Tifle(s): L Partner — ❑ Limited ❑ General G Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator F1 Other, Signer Is Representing: Signer's Name: M Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 71 Attorney in Fact ❑ Trustee 7 Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association ' www.NationalNotary.org' 1 -800 -US NOTARY (1-800-876-6827) Item 115907 RLI£ C&C �+an cemMny 9025'4. Lindbergh Dr. I fenny R 61615 Phone:(800)641-24021 Fex:(309)6R9-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond, That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Jeremy Pendergast Rosemary Nappi Michael D. Stony jointly or severally in the City of Riverside . State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( S10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal maybe printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 3Ld day of March, 241{. ,.oNoWc anu:Nsr... VRRE!CE .o I'GSvc Hq %e:tn'<- �v:•4nPPON�t.^. y'. SEAL,SEAL y •. State of Illinois SS County of Peoria JJJ On this 3rd day of March 2016 , before me, a Notary public, personally appeared Barton W Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company an(Vor Contractors Bonding and Insurance Company, and acknowledged said instrument to be the: voluntary act and deed of said corporation. M. `Of FICIAL SLAC JACQUELINE M. 60CKLER COMMISSIONS IRES 0111M18 RLI Insurance Company Contractors Bonding and Insurance Company � � &/.�t Barton W. Davis XXXXXX {{{{{{ Vice President CERTIFICATE 1, the undersigned officer of RLI Insurance Company, andlor Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com y andlor Colairactors Bond nR and Insurance Company this day of RLI Insurance Company Notary Public Contracts Bringing and Ins ranee Company Barton W. Davis Vice President 0475573070212 A0059115 WEST COAST ARBORIST, INC. Page 12 of 29 SCOPE OF WORK EXHIBIT A The Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City's requirements. Contractor will be required to perform the following tree maintenance activities at various sites throughout the City: 1. Tree inventory for City streets and parks 2. Master street tree plan 3. Citywide tree pruning and maintenance (including parkway and median trees, park trees, and City facilities trees) 4. Tree removal 5. Tree planting 6, Crew rental (as needed) 7. Emergency response (as needed) 8. Clearance pruning 9. Tree watering 10. Small tree care 11. Palm trunk skinning 12. Root pruning 13. Specialty equipment rental (as needed) 14. Arborist services/inspection 15. Data entry 16. Webpage development 17. Online maintenance access (i.e. Internet -based access to an Urban Forestry Management tool that include work order tracking, ability WEST COAST ARBORIST, INC. Page 13 of 29 to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility (if applicable) Annual Pruning Program Contractor shall develop and propose to the City a recommended annual pruning program. Depending on the City's current and future pruning needs the recommended pruning schedule may require multiple crews to perform concurrently within the same time constraints ll. Tree Inventory The Contractor will provide the City access to a record keeping system consisting of an Internet -based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The tree inventory software program shall be an Internet - driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports and pictures of City tree species. The Contractor shall provide software support to the City for the entire term of the Contract. The Contractor shall provide the City with recommendations for tree maintenance, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include Address, Street, Facility, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size and type. The Contractor shall provide to the City access to a record keeping system consisting of an Internet -based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The tree inventory software program shall be an Internet -driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports and pictures of City tree species. The Contractor shall provide software support to the City for the entire term of the Contract, A, GPS Tree Inventory Provide the City with Global Positioning System (GPS) coordinates for all trees in public spaces and parks. This includes but is not limited to all publicly owned trees on street rights-of-way, parks and open spaces such as medians, greenscapes, etc. The address information contained in inventory should 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 WEST COAST ARBORIST, INC. Page 14 of 29 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 in the City. The City shall receive a complete listing of all sites inventoried, both in hard copy and on software, which will enable you to connect the inventory to the City's GIS program and create various frequency reports. A GPS tree inventory shall be created with a new database using the City's standardized addressing system. Contractor shall be required to create an SSRI ArCViewl ArcGIS compatible "shape file'. The new inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.) The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of ArcView. Minimum accuracy shall be within one (1) meter. B. Training of City Staff The project shall include field data collection, data entry, access to the computer software, and training of City employees on the use of the system, future technical maintenance and support. Contractor shall provide training to designated City staff during the hours of 7:00 A.M. to 5:00 P.M. Monday through Thursday. The Contractor shall be readily available by telephone, e-mail or may respond to _ the City's inquiries in a timely manner. III. Tree Trim Service Request Contractor may need to provide service for trees prior to their regular and scheduled trim cycle in order to correct an immediate problem( concern. Such request (s) shall be addressed and work completed within two (2) weeks IV. Prohibition Against Transfer or Assignment Contractor may not assign any right or obligation of this Agreement or any interest in the Contract without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of Contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. V. Project Special Provisions This project may include of special tree pruning, traffic clearance pruning, and palm pruning as specified in this Contract. WEST COAST ARBORIST, INC. Page 15 of 29 A. Work Quality All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed and shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboricuiture. The Contractor shall also meet the requirements of the American National Standards, 2133-1-2006, entitled "Safety Requirements for Arboricultural Operation," published by the American National Standard Institute. The City of Rosemead shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default, if they consistently fail to comply with the aforementioned standards. B. Standards Prior to beginning the work, the Contractor shall review with the Public Services Superintendent various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree pruning shall include but not be limited to accepted pruning activities. Daily tree pruning operations shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 5:00 P.M. Limbs one inch (1 ") in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1') to two feet (2') from the crotch. The undercut should be at least one-third (%3) of the diameter. Make the second cut 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 earliest possible covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3'/x") or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of City staff. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis. Tool Sanitation - On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. WEST COAST ARBORIST, INC. Page 16 of 29 1. Annual Tree Pruning Tree pruning per pre -designed districts, grids or prune routes on a set cycle to include all trees. Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. Special projects that are difficult to access, require the need for specialty equipment (i.e., 95 -foot tower), service request pruning, or pruning to reduce and/or pruning to restore would fall under Crew Rental a. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements b. Contractor shall notify the resident forty-eight (48) hours in advance of scheduled pruning G. Contractor shall provide and post "No Parking" signs twenty- four (24) hours in advance of the work d. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. The Contractor personnel shall wear identifiable uniforms to identify them as employees of Contractor. The work shall be performed by competent employees and supervised by an experienced, English speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree 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, work is to immediately cease and the appropriate utility company notified. The work shall then commence in accordance with instructions from the utility company. The Contractor shall be responsible for appropriate notification of Underground Service Alert (USA) and shali make every effort to communicate and coordinate with City personnel regarding observed irrigation needs, landscaping needs, graffiti issues, etc. WEST COAST ARBORIST, INC. Page 17 of 29 No hooks, gaffs, spurs or climbers will be used for anything other than removals g. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach Topping shall not be done unless specifically requested by the City 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, % inch, to the parent stem so that healing can readily start under normal conditions. All limbs 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 k. Cut laterals to preserve the natural form and functional value 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 feast fifteen (15%) percent but no more than thirty (30%) percent 1. Trim to remove dead wood or weak, diseased, insect - infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed M. Small limbs, including suckers and waterspouts, shall be cut close to the.trunk or branch from which they arise n. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. 2. Pruning for Street Signs, Traffic Lights and Utility Lines During the course of this Contract, the Contractor may be required to perform utility line, street sign and traffic sight clearance in WESTCOAST ARBORIST, INC. Page 18 of 24 conjunction with routine or non -routine pruning activities. The Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the Contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The manager overseeing the project should be a Certified Utility Specialist and the persons completing the work should be Line Clearance Tree workers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees that are around primary electrical lines shall be trained to do so in accordance the "Electrical Safety Orders" of the State of California Tree pruning for traffic clearances shall provide clearances of at least fourteen (14') feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under "Pruning to Raise." Clearance trims are performed on a grid system or on a street -by -street basis. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City and conform to the following: a. The minimum clearance under trees within the street right-of- way shall be fourteen (14') feet over the traveled road, and nine feet (g') over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree b. Cut to laterals (just outside the branch bark ridge and collar) to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership C. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed 3. Pruning Palm Trees Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation from the trunks in a manner selected by the Contractor and approved by the City and in accordance with the following: Palm Skinning - Dead fronds, and parts thereof, including stubs, WkST COAST ARBORIST, INC. Page 19 of 29 shall be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" — 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches 4. Tree Removals The City prepares a list of trees to be removed, marks trees, notifies homeowners and submits a list to Contractor. The Contractor shall call Underground Service Alert (USA) and prepare internal work order. Crew removes tree and hauls all debris. Crew grinds stumps to a depth of at least eighteen (18") inches deep. All holes will be backfilled; as well as all debris cleaned up and hauled away. Special projects that are difficult to access with equipment, or require the need for a crane or an aerial tower over seventy-five (75') feet would fall under Crew Rental rates. The Public Services Superintendent shall make the final determination to remove or Provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession. All wood from removed trees is the property of the City and shall be disposed of at the direction of the Public Services Superintendent. No wood shall be left along public right-of-way unless approved by the Public Services Superintendent. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday. The City is responsible for marking trees so that they are easily identifiable by USA and the Contractor. The Contractor shall be required to call USA at least 48 hours before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half (M) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered. Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding WEST COAST ARBORIST, INC. Page 20 of 24 must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2") inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition. 5. Tree Planting — 24 -Inch Box Planting includes the tree, stakes, ties, root barrier, complete installation and watering for ninety (90) calendar days. Planting lists should be compiled by the Contractor and submitted monthly or as needed. Contractor will guarantee the quality of the tree stock and the workmanship. a. Contractor shall provide all equipment, labor and materials necessary for the planting of trees throughout the City in accordance with the specifications herein. b. The City will be responsible for marking locations and the Contractor shall notify USA prior to planting. G. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit Contractor shall examine root ball for injured roots and canopy for broken branches. damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged. d. Tree shall be placed in the planting pit with its original growing level (the truck flare) at the same height of the surrounding finish grade. In grass -covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete. e. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it is put into the hole. f. Trees that are planted in parkways shall have a 4"-6" high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice. REST COAST ARBORIST, INC. Page 21 of 29 g. All trees shall be staked with two wooded lodge poles and two ties per pole. Minimum size of lodge poles shall be ten (10) feet long, with a one and a half (1112") inch diameter. Tree ties shall be placed at one-third (1/3") and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty inches (24"-30") below grade. h. Trunk protectors as Arbor -Guards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting. L In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be at least twelve (12") inches in depth and at a length determined by the Gity and placed in a circular fashion surrounding the tree's root system. j. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day. k. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1- 1996 Standards. Trees shall be free from pests, disease and structural defects. 6. Crew Rental The standard crew is three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate. 7. Emergency Response The Contractor shall be required to provide emergency on-call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call. WEST COAST ARBORIST, INC. Page 22 of 29 Contractor shall be required to provide twenty-four (24) hour emergency phone number and names of contact individuals upon award of Contract. Should the contact persons or their phone numbers change during the course of the Contract, those changes shall be submitted to the City within two (2) working days. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this Contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials. & Tree Watering Watering shall be performed on newly planted trees that are three (3) years old and younger 9. Small Tree Care The City requires an active approach to the care of its young and newly planted trees. The Contractor shall be required to perform basic maintenance that will include but not be limited to tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re -staking when necessary. 10. Arborist Services On occasion, the City requires independent tree evaluations including written reports. The Contractor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. C. Traffic Control Contractor shall conform to all City Traffic Safety requirements and operating rules at all times while this Contract is in effect. The Contractor use certified Traffic Control Design Specialists and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA) and the Caltrans WATCH manual for traffic control. Contractor shall be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to traffic. This is to include a high visibility arrow boards as necessary. The City, prior to use, must approve ail traffic safety equipment for use. WEST COAST ARBORIST, INC. Page 23 of 29 Illuminated arrow boards, sign stands, delineators and/or adequate cones shall be used to identify work site for vehicular and pedestrian safety. The City may at its own discretion, specify certain times or days when closures are not allowed. Contractor shall maintain accessibility for ail emergency services, including access to fire hydrants. Contractor shall cooperate with trash collection operations and other municipal services. D. Public Noticing Of Tree Pruning Operations Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed: Notifications shall be made in the form of door hangers. City approved "No Parking" signs shall be posted on individual trees scheduled for pruning twenty-four (24) hours prior to the work being performed. E. Clean Up Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush leaves debris or equipment be left on the street overnight. Brush and debris generated by the Contractor shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. The City of Rosemead or his authorized representative, shall be the sole judge as to the adequacy of the clean up. F. Disposal of Debris All tree branches produced as a result of the Contractor's operations under this Contract will be reduced, reused, recycled, and/or transformed by at least 50%. The Contractor will generate and submit a monthly Green waste Recycling report detailing the amount of material generated and recycled within the City. This report will be used for compliance with Assembly Bill 939. t. Green Waste Recycling Report Green Waste that is transported to an off-site facility for grinding into mulch shall be documented within the above- mentioned report. WEST COAST ARSOR.IST, INC. Page 24 of 29 2. Wood Chips a. Chips generated from pruning operations within the City of Rosemead may first be dumped at a City designated site b. At the direction of the City of Rosemead, wood waste generated from tree removals shall be chipped into pure wood chips with an even, uniform size. These chips shall be dumped in specified locations in the city. 3. Milling (additional service & cost): Per City staff direction, large tree trunks, which meet proper specifications may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal. G. Required Contract Reports: The contractor shall generate and provide to the City at least for following reports: a. Annual Maintenance Schedule b. Annual Maintenance Report c. Monthly Maintenance Report d. Monthly Green Waste Recycling Diversion Report H. Parking The City of Rosemead will make every attempt to identify a suitable space for parking of vehicles and equipment for the purpose of this Contract. The Contractor will hold the City of Rosemead harmless and release the City of liability as a result of theft or vandalism. Should a site not be available, then the Contractor may park on City right-of-way near the project area(s). I. Invoice Contractor shall be required to submit invoices on a monthly basis. Invoice format shall include but not be limited to a list of each street or park that tree maintenance operations took place, the address of each individual planted tree, the specie, height and trunk diameter of each individual tree. Failure to submit invoices in this format may result in non- payment until these requirements are met. J. Inspections The City or Rosemead or its designated representative, 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, and character of materials and equipment used and employed in the work. EMISIT l3 BID PRICE FORM 1. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract sum shall be adjusted in accordance with the following unit prices. 2. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the Contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all services provided, including but not limited to, materials, labor, overhead, and profit for the contractor. 3. The unit price quoted by the contractor shall be those unit prices.that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required fdr added or delated Items of work. 4.. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices. Gust Proposal una tree rrumug Descri tion C2t . Unit Cost Total ODst 1 Grid Tree Trim Senvices 3000 $53.00 $169,000.00 Special Request Iree t-Furliflu uc Lynn Unit. Unit Cost Description Unit Unit Cost 84.00 2 Small Trees 0.4" EA 39.00 $39.00 3 Medium Trees 5:-12" FA $84.00 ... $84.00 $194.00 $284.00 4 -La e Trees '13-39" EA $194.00 5 Extra Large Trees 37" & Over EA $284.00 14 6 Palm Trey, Trim EA $144,00 .00 Special Requesi I ree mumuvw 1i „WL, Description Unit. Unit Cost 7 3mat1 Trees 0-4° EA 84.00 $84.00 8 Medium Trees 5-12' EP $284.00 284.00 9 Large Trees 13-36" EA $754.00 $264.00 10 l xtra Lar e Tre s- 37" & Over EA $954.00 Special Ke uesi z iwmp mulnuum u, vw ; Unit Unit Cost ©escri tion 11 Medium Trees 5-12" EA $84.00 $84.00 12 Lar e trees 13-38" EA $144.00 $144.00 13 Extra Large Trees (37" & Over) EA $264.00 $254.00 Page 27 EXHIBIT B BID PRICE FORM CMI Inman+ Alan+inn I ahnr K 90 Day. Est_ Eeripd) iIOC 1`14F JL,tkw Jot VI4N�N• ,i}.:v, J'evw:q..p ".-�, 4.y-... -., 0esori tion Unit Unit Cost Gal. Tree EA 154.00 $154.00 24" box Tree EA $254.00 $254.0036'1 F1415 box Tree EA $854.00 $854.00 4811 box Tree EA $1,784.00 $1,784.Q0 EXHIBIT 6 ADDITIONAL SERVICES BID PRIGS FORM GFII>✓I GI x. izriaNvy�u Description Unit unit Cost Description ErriergencyCall Out Hour $285.00 1 3-rrian crew W/ a u[ ment $210.00 3 2 Labor Rate Hour $95,00 Ri.UUIUUI Ia1 VGI vP+ca Description Unit Unit Cost Crew Rental {lour $210.00 3 3 -man crew w1 a ui ment Tree inventory Management System EA NO EEE 4 Specialty Equipment Rental Hour $140.00 5 Ioo-foot Boom Truck tr Tree.Waterin Man Hour $70.00 7 Tree In' rationPer Injection $24.00 3 Root Prunin Per Linear Ft. $24.00 9 Root Barrier Installation Per Linear Ft. $24.00 Page 29 C.xiiiso r 13 'free Care Profc ssiontds .Serving Cronintunities Who Care Ahurd Trees October 17, 2016 City of Rosemead ATfN: Rafael M. Fajardo, P.E., City Engineer 8838 East Valley Blvd. Rosemead, CA 91770 RE: City Tree Maintenance Services Agreement—Inventory Data Dear Mr. Fajardo, www.WCAINC.com As part of the new agreement for City Tree Maintenance Services, our firm will provide the City with access to our Internet -based tree inventory software program called ArborAccess. The program shall have the capability to produce detailed listings of tree and site information, work histories, service requests, summary reports, and pictures of City tree species. For the entire term of the agreement, we will provide software support to the City. Please note that the tree inventory data including GPS coordinates and work history data shall be owned by the City.. The City shall have access to the information at any time for downloading. We look forward to working with the City and further building our successful business relationship. Should you have any questions or require additional information, please feel free to contact me. Sincerely, Victor Gonzalez Vice -President, Marketing WEST COAST ARBORIST, INC. Page 26 of 29 EXHIBIT C INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way as part of this Agreement, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. WEST COAST ARBORIST, INC. Page 27 of 29 General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. WEST COAST ARBORIST, INC. Page 28 of 24 B. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any parry will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that sub -contractors, and any other party involved with these services that are brought onto or involved in these services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in these services will be submitted to City for review. 11.Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work contemplated by this agreement to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. WEST COAST ARBORIST, INC. Page 29 of 29 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with this Agreement reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Certificate of Insurance THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S UPON YOU THE CF.RTSFICATE HOLDER, THIS COUTIFICA'FE IS NOT ANN INSURANCE POLICY AND DOES NOT .AMFNO, EXTEND, OR ALTER THE C OVERAGF. AFFORDSD BY THF. POLICIES LIS fED BY,LOW, POLICY LIMITS ARE NO LESS TITAN TEOSE LISTED AI.THOIIGH POLICIES MAY INCLUDE ADDITIONAL SUDLIMITiISMITs NOT LISTED BELOk. This is to Certify that I WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON NAME AND T ibeft T Mutual. ANAHEIM CA 92806 ADDRESS Ly 1 llY 1� OFINSCREn 10� INSURANCE N, at the issue date of this cedificule, insun:d by the Company under the policy(ies) listed below. Thr insurance afforded by the listed policy(ics)is subject to all their mrrne. exe]uslons and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this ecrtificute may be maned. Ifthe ccrti rmmc rap,rahon date is continuous or exmneud tarn you will be entified if cuvcmgc is terminated or reduced before the ce adicate expiration dam NOTICE OF CANCETA,ATION: (NOT APPLICABLE CNLESS A NUMBER OF DAYS 15 ENTERED BELOW,) BEFORE THF. STATED EXPIRATION' DATE THE COMPANY WILL NOT CANCYL US RE'DUC'E Till; INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTILATLEAST 30 DAYS .NO'I"ICE OF SUCH CANCELLATION HAS BEEN MAILED TO: F­Cilyof Rosemead Public Services Manager 8838 E Valley Blvd a s Rosemead CA 91770 u L Liberty Mutual Idsurerlce Group 7 EXP DATE TYPE OF POLICY ❑ CONTINUOUS EXTENDED POLICY NUMBER LIMIT OF LIABILITY AUTHORIZED REPRESENTATIVE r❑ lYJ POLICY TERM 818 W 71h Street, Suite a50 0564408 WORKERS COMPENSATION Statutory Limits 7/U2017 WA7-66D-039499-076 COVF.RAOE AFFORDED UNDER `NC LAW OF THE FOLLOWING STATES: All Stales Except: ND, OH, WA, WY EMPLOYERS LIABILITY Bodily la ury by A<oidcm 1 OOO 6d O&.rh A_era, Bodily Injury By Disease $1,060,000 Daddy Injury By Dlarasc $1,000,000 COMMERCIAL GENERAL LIABILITY 711/2017 TB2-661-039499-016 General ARFeg-te $2,000,000 Products. CrurTk edOFxrdiona Aggmgate $2,000,000 21 OCC'URRENC'E Each Occurrence ❑ CLAIMS MADE $1,000,000 Personal & Advedising Injury $1,000,000 Per Person!OrgaM1,.Lian RETRO DATE Dam a to remises rented to Medical Expense $5,000 AUTOMOBILEEach LIABILITY 7/112017 AS7-661-039499-036 A,unha t—Singlc Limit $2,000,000 B,I,And P,D.Cotnbincd © OWNED Each Person Hach Accident or Occurrence r®NON-OWNED LI HIRED Each Accident or Occutrencc OTHER 7/112016-71112017 TH7-661-039499-046 $5,000,000 Per Occurrence/Aggregate Umbrella Excess Liability ADDITIONAL COM MENI"5 See Addendum Ifthe ccrti rmmc rap,rahon date is continuous or exmneud tarn you will be entified if cuvcmgc is terminated or reduced before the ce adicate expiration dam NOTICE OF CANCETA,ATION: (NOT APPLICABLE CNLESS A NUMBER OF DAYS 15 ENTERED BELOW,) BEFORE THF. STATED EXPIRATION' DATE THE COMPANY WILL NOT CANCYL US RE'DUC'E Till; INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTILATLEAST 30 DAYS .NO'I"ICE OF SUCH CANCELLATION HAS BEEN MAILED TO: F­Cilyof Rosemead Public Services Manager 8838 E Valley Blvd a s Rosemead CA 91770 u L Liberty Mutual Idsurerlce Group 7 � Elaine Ulan LOS Angeles/0603 AUTHORIZED REPRESENTATIVE 818 W 71h Street, Suite a50 0564408 Los Angeles CA 90017 213-624-1171 6/16/2016 JOFFICE 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 1;,A21228 1 �C 229]9 I 1/16 lil" G1/2i1, ell..!e, itVL We I uccua eT irala I Ei16/2P16 9:16:1E Me (,Ayr) I NDee , Of 2 UDI COI 268896 02 11 AGENCY CUSTOMER ID: LOC #: Ac RH ADDITIONAL REMARKS SCHEDULE Page _of AGENCY Liberty Mutual Insurance Co. National Insurance West NAMED INSURED WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92808 POUCY NUMBER CARRIER NAIL CODE EFFECYNE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: NM FORM TITLE: Certificate of Casualty Insurance (07110) HOLDER: City of Rosemead Public Services Manager ADDRESS: 8838 E Valley Blvd Rosemead CA 91770 Per form CG 2010 on the General Liability and CA 2048 on the Auto Liability City of Rosemead, its officials, employees and agents are additional insured(s) under the General Liability and Auto Liability policies 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. Waiver of Subrogation applies to any additional insured. This insurance shall be excess over any other coverage available to the additional insured, unless a written agreement obligates the named insured to provide insurance to the additional insured on another basis. In that event, this policy will apply on the basis required by the written agreement. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM .S342ti2e8 1 ]M_2819 1 'tj16W1'1 - Ga/2;1, AL/2, Ylb1. UJ5 19o, Smitala 15116i]816 9:16::E AN. {-f) I Pepe 2 of 2 POLICY NUMBER TS2461-0394Wolis COM B&ACIAL GENERAL L MILJYY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modilles insurance provided underths following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section t — Who Is An Insured Is amended to Include as an addtbnal Insured the person(:) or organtntion(s) shown In the Schedule, but only with respect to kNky for 'bodily iljLay". 'properly damage' or "personal and advertising injury' caused, in whole or in part, by., 1. Yaw acts oramissbns; or 2. The acts or ombabte of those acting on your behalf, In the performance of your onaft operations for IN addtbnal hw md(s) at the location(:) designated above. However. 1. The insurance afforded to Rich additional Insured only applies to the ertent permitted by law: and 2. If coverage provided to the additional insured Is required by a contract or agreement, the Insurance afforded to such additional Insured wit not be broader then that which you are required by the contract al itwt or agreement to provide for suchcL B. With respect to the Insurance afforded to these addtbnal insureds, the fallowing addtionat exclusions opw. 7hb Ihmirancs does rat apply to Imc* Injury' or .Property dsrnage' occurring sitar: 1. All work, including materials, parts or squlpmerd lbmbrhed In connection oth such work, on the project (other than samics, maintenance or mpaiu) to be performed by or on behalf of the additional Insrrad(s) at the location of the covered operations has been completed; or 2. That portion of'your work' out of which the Wnry or damage adios has been put to its Intended use by any person or orgarkWon other Man another contractor or suibcontracler engaged Tn performing operations for a principal as a part of the some project. G With respect to the Insurance afforded to these additional Insureds, the following is added to Secton IN—LlmltsOf insurance,. if coverage provided to the sddtlonel Insured Is required by a contract or agreement, the moat we will pay on behalf of the additional Insured Is the omount of insurance; 1. Required by the co. ib or agreement; or 2. Avalsble under the app)icablo LMis of Insurance shown Inthe Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown In to Declan&nL SCHEDULE Name OfAddhionrel Insured Paroon(s) Location(s) Of Covered Operations Or Organlzathm(s); Any owner, lasses. or contactor for whom you have Any location listed In such agreement agreed In writing prior to a Ionto provide IiabitRy insurance Information required to complets this Schedule, Snot shown above, wit be shown in the Declarations. CO 20 10 0413 D Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:AS7-81-W9499-W6 COMMERCIAL AUTO CA 20181013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies Insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Foran apply unless modified by the endorsement, This endorsement Identifies person(s) or organization(s) who are "Insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Forth. This endorsement does not alter coverage provided In the Coverage Form. SCHEDULE Or r person or organizaWn whom you have agreed in wrtitng to add as an additional Insured, but only to *rage and minimum limits of insurance required by the written agreement, and in no event to exceed either scope of coverage or the limits of Insurance provided In this policy. linformofion required to complete thle Schedule, it not shown above, will be shown in the Declaratlons. I Each person or organibmtIon shown in the Schedule is an Insured' for Covered Autos LiaWlityCoverage, but only to the extent that person or organ zetton qualifies as an "insured" under the Who IsAn insured provision contained in Paragraph A.I. of Section 11 - Covered Autos Liability Coverage In the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 - Covered Auras Coverages of the Auto Dealers Coverage Form. CA 20 48 1013 0 Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an Injury coveted by this policy. We will not enforce our right against the person or organtzatlon named In the Schedule. (This agreement applies only to the extant (hat you perform work under a written contract that requires You to obtain this agreement from us.) You must maintain payroll records socuretety segregating the remuneration of your employees While engaged in the work described In the Schedule. The additional premium for this endorsement shall be 2% of the California wort are' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual WorkersCompenwiton premium. Subject to a minimum premium charge of $ 250. Person or Omanization Job Description Where required by contract or written agreement prior to lase and allowed by law Issued by Liberty insurance Corporation 21814 For attachment to Policy No. WA7-SBLr-039489-078 Eftat s pate Prerryum $ isaued to West Coast Arborists, Inc. WC 94 83 tM Ed: 0411984 Page 1 of r