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CC - Item 4H - Tree Trimming Specs• s ~ M F Q' O q O /HCpRPpRATE() 1054 0 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUN L FROM: ANDREW C. LAZZARETTO, CITY MANAGE DATE: JUNE 13. 2006 SUBJECT: TREE TRIMMING SPECIFICATIONS AND APPROVAL TO SEEK BIDS SUMMARY Since 1981, Evans Tree Service has maintained City trees. During that period of time, the contractors performance has met expectations, however, staff was recently notified that the company's owner will be closing his business at the end of July for health related reasons (Attachment A). As a result, the City will need to seek bids from other contractors to provide tree maintenance services based on specific tree trimming requirements that will meet the needs of the community. Staff Recommendation Staff recommends that the City Council approve the attached Annual Street Tree Trimming Specifications and authorize staff to seek bids for tree maintenance services. ANALYSIS The City's Tree Trimming Program has been structured in a manner which gives staff a great deal of flexibility each month in determining what type of tree trimming service needs to occur. This is accomplished by requiring contractors to detail the cost for work that needs to be done on specific tree types and tree sizes in bid proposals that are submitted for review. Staff anticipates that the bids for tree maintenance services will be higher than in past years for several reasons. First of all, the City has utilized Evans Tree Service for over 25 years, and that long-term partnership allowed for increased savings which may not be available with a new contractor. Also, with the rising costs for energy and fuel, it would be prudent to expect bids that are higher than what the City currently pays for tree trimming services. Submitted by Michael D. Burban / Director of Parks a ecreation Attachment A: Letter from Evans Tree Service Attachment B: Annual Street Tree Tr ming Specifications APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: • • ATTACHMENT A EVANS TREE SERVICE 8479 E. Garvey Ave., • Rosemead, CA 91770 Tel.: (626) 280-4068 • (626) 280-4585 State Comp.-Insured & Liability License No. 450174 CITY OF ROSEMEAD 8838 E. Valley Blvd. Rosemead, CA 91770 May 25, 2006 Michael Burbank, This letter is to notify you that as of July 31, 2006 Evans Tree Service will no longer be in business. The month of July will be my last month working on the City Contract. If it weren't for my health issues, I would not be going out of business. Thank you for the opportunity of doing business with you and the City of Rosemead for so many years. • • ATTACHMENT B City of Rosemead ANNUAL STREET TREE TRIMMING SPECIFICATIONS June, 2006 0 0 INDEX BID PACKET I. NOTICE TO CONTRACTORS INVITING BIDS II. INSTRUCTION TO BIDDERS 1.0 Proposals 2.0 Opening of Bids 3.0 Award and Rejection of Bids 4.0 Withdrawl of Bids 5.0 Assignment of Contract 6.0 Interpretation of Document 7.0 Addendum or Bulletins 8.0 Bond and Liability Insurance 9.0 Liquidated Damages 10.0 Permits 11.0 Hold Harmless 12.0 Trash Bins 13.0 Prevailing Wages 14.0 Worker's Compensation 15.0 Guarantee 16.0 Release of Liens III. SPECIFICATIONS 1.0 Method of Trimming Decurrent Trees 2.0 Method of Trimming Excurrent Trees 3.0 Method of Trimming Young Trees 4.0 Method of Trimming Palm Trees 5.0 Method of Raising 6.0 Method of Topping 7.0 Method of Removing 8.0 Cuts 9.0 Removing Diseased/Dead Wood 10.0 Climbing 11.0 Clean-up 12.0 Safety 13.0 Traffic Control 14.0 Equipment • IV. WORK SCHEDULE & EMERGENCY SERVICES 1.0 Work Schedule 2.0 Emergency Tree Services V. ITEMIZED BID FORM AND TREE GROUPS 1.0 Itemized Bid Form 2.0 Tree Groups VI. INSURANCE REQUIREMENTS - EXHIBIT "1" VII. CONTRACTOR'S QUALIFICATION STATEMENT VIII. BID PROPOSAL IX. LIST OF SUBCONTRACTORS X. AGREEMENT • 0 I. NOTICE TO CONTRACTORS INVITING BIDS NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, Los Angeles County, California, acting by and through its Authorized Representative, hereinafter referred to as the Owner, will receive up to but not later than 2:00 p.m. on Monday, July 17, 2006, sealed bids for TRIMMING AND MAINTENANCE OF CITY PARK AND STREET TREES. All bids shall be made on a form furnished by the Owner. Bids shall be received in the office of the City Clerk, 8838 East Valley Boulevard, Rosemead and shall be opened and publicly read aloud in the Council Chambers at the above address, shortly thereafter. Each bid must conform and be responsive to all the pertinent Contract Documents, copies of which are now on file and open for public inspection in the office of the City Clerk at the above address. Specifications may be obtained for bidding at the office of the City Clerk. A Ten Percent (10%) Bid Bond, Cashier's Check, or Certified Check shall accompany each bid. Pursuant to the California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1, the Director of Industrial Relations has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes applicable to the work to be done. Said rate and scale are on file with the City Clerk, City of Rosemead, and copies will be made available to any interested party on request. The Contractor is hereby required to post a copy of the above mentioned prevailing wage rates at job site and or his office. Any classification shall comply with the prevailing wage rate in effect at the time of this Notice to Contractors Inviting Bids. All Contractors and Subcontractors shall comply with the provisions in Section 1777.5, 1777.6 and 1777.7 of the California Labor Code concerning the employment of apprentices. The Contractor and any Subcontractors under him shall comply with the requirements of said sections including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon the Subcontractors under him, to pay not less than the said specified rates of the current minimum prevailing rate in the area where the work is preformed, to all workers employed by them in the execution of the Contract. In accordance with provisions of Public Contracts Code Section 22300, substitution of eligible and equivalent securities for any monies withheld to ensure performance under this Contract will be permitted at the request of the Contractor and upon the approval of the City. The Owner reserves the right to reject any or all bids and waive any irregularities to informalities in any bid. 0 II. 1.0 PROPOSALS 1.1 Bids shall be made upon the form provided and with all items filled out; numbers shall be stated both in writing and in figures, the signature of all persons signing shall be in longhand. The completed form shall be without interlineations, alterations or erasures. Any irregularity may be cause for rejection of the bid. 1.2 Alternative proposals will not be considered unless called for. No oral, telegraphic, telephonic or facsimile proposals or modifications shall be considered. 1.3 Bids shall be accompanied with a certified or cashier's check, or a bidder's bond for an amount not less than ten percent (10%) of the bid, made payable to the order of the Owner. If a bidder's bond accompanies the proposal, said bond shall be secured with a surety Company satisfactory to the City, guaranteeing that the Bidder will enter into a contract if awarded the work, and in the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the Owner. 1.4 Before submitting a bid, bidders shall carefully, read the Specifications and shall fully inform themselves as to all existing conditions and limitations and shall include in the bid a sum to cover the total cost of the maintenance and removal. 2.0 OPENING OF BIDS 2.1 Bids will be opened as indicated in the Invitation for Bids. 3.0 AWARD AND REJECTION OF BIDS 3.1 The bid will be awarded to the lowest responsible Bidder complying with these Instructions, provided his bid is reasonable in the judgment of the Owner and it is to the interest of the Owner to accept it. The City; however, reserves the right to reject any or all bids, and to waive any informality to bids received. The competency and responsibility of Bidders and of their proposed Subcontractors will be considered in making the awards. • • 4.0 WITHDRAWAL OF BIDS 4.1 Bids may be withdrawn by the Bidder prior to, but not after the time fixed for opening of bids. 5.0 ASSIGNMENT OF CONTRACT 5.1 No assignment by the Contractor of any contract to be entered into hereunder or any part thereof, or if funds to be received thereunder by the Contractor, will be recognized by the Owner, unless such assignment has had the approval in writing of the awarding authority. No assignment will receive the approval of the Owner unless the instrument of assignment contains a clause to the effect that it is agreed that the funds to be paid the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms, or corporations rendering such services or supplying such material. A merger, consolidation, bankruptcy, either voluntary or involuntary, or a sale of a controlling interest of the Contractor's business, shall be considered an assignment as that term is used herein. 6.0 INTERPRETATION OF DOCUMENTS 6.1 If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed contract documents, he may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents, which in the Owner's judgment is necessary, will be made only by Addendum duly issued, and a copy of such documents. The Owner will not be responsible for any other explanations or interpretations of the proposed documents. 7.0 ADDENDUM OR BULLETINS 7.1 Any addendum or bulletins issued during the time of bidding or forming a part of the documents furnished to the Bidder, for the preparation of this bid, shall be covered in the bid, and shall be made a part of the Contract. The receipt of each Addendum shall be acknowledged on the Bid Proposal Form as submitted by the Bidder. 0 • 8.0 BOND AND LIABILITY INSURANCE 8.1 The successful Bidder, simultaneously with the execution of the Agreement shall be required to furnish a Labor and Material Bond in an amount equal to one hundred percent (100%) of the Contract Price, and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price; said bonds shall be secured from a Surety Company satisfactory to the Owner, and shall be subject to the approval of the City. 9.0 LIQUIDATED DAMAGES 9.1 Work shall commence on or before the date stated in the Owner's notice to the Contractor to proceed and shall be completed by the Contractor in the time specified in Bid Proposal. If the work is not completed in accordance with the foregoing, it is understood that the Owner will suffer damage, it is agreed that the Contractor shall pay to the Owner as a fixed and liquidated damage, and not as a penalty, the sum of two hundred ($200.00) dollars for each working day of delay until work is completed and accepted. The Contractor and his surety shall be liable for the amount thereof. 10.0 PERMITS 10.1 All permits must be obtained by contractor from the City's Building Department at no cost to the contractor. 11.0 HOLD HARMLESS 11.1 The Contractor agrees to indemnify and hold harmless the City, its officers, employees and agents from and against any and all liability or expense, including, but not limited to, bodily injury, death, personal injury or property damage resulting from Contractor negligence or willful misconduct in its performance or services hereunder, also including any worker's compensation suits, liability or expense resulting fro the negligence or willful misconduct or anyone performing services as an officer, agent, employee or subcontractor of Contractor. 12.0 TRASH BINS 12.1 Contractors that need trash bins for projects in the City of Rosemead must use bins from Consolidated Disposal. The cost of the bins will be at the Contractor's expense. The City's project manager will provide the Contractor with the phone number of Consolidated Disposal. 13.0 PREVAILING WAGES 13.1 Pursuant to the California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, the Director of Industrial Relations has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes applicable to the work to be done. Said rate and scale are on file with the City Clerk, City of Rosemead, and copies will be made available to any interested party on request. The Contractor is hereby required to post a copy of the above mentioned prevailing wage rates at job site. Any classification shall comply with the prevailing wage rate in effect at the time of this Notice to Contractors Inviting Bids. 13.2 All Contractors and Subcontractors shall comply with the provisions in Section 1777.5,1777.6 and 1777.7 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractors under him shall comply with the requirements of said sections including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. 13.3 It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon the Subcontractors under him, to pay not less than the said specified rates of the current minimum prevailing rate in the area where the work is performed, to all workers employed by them in the execution of the Contract. 14.0 14.1 In accordance with the provisions of Section 3700 of the California Labor Code, Contractor shall secure the payment of compensation to his employees. Contractor shall sign and file with the Owner the following certificate prior to performing the work under this Contract: "I am aware of the provisions of Section 3700 of the 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 the code, and I will comply with such provisions before commencing the performance of the work of this Contract". The form of such certificate is included as a part of the Contract Documents. • 0 15.0 GUARANTEE 15.1 The Contractor must guarantee that the entire work constructed by him under this Agreement will meet fully all requirements thereof as to quality of workmanship, and of materials furnished by him. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied by him that became evident within the period of one (1) year after filing of the Notice of Completion or Commission's acceptance of the work, and agrees to restore to full compliance with the requirements any item which during said period is found to be deficient with respect to any provision of the specifications. The Contractor also agrees to hold the City harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Owner. If the Contractor fails to make the repairs and replacements promptly, the Contractor will be liable to the City for the cost thereof. 16.0 RELEASE OF LIENS 16.1 Contractor is to provide owner with a complete list of vendors and/or subcontractors he/she plans on using on the job prior to starting. 16.2 Prior to final payment, the Contractor will provide City with executed copies of "Release of Liens" from all vendors and/or subcontractors used on this project. Final payment will not be made until all documents are received. • • III. SPECIFICATIONS The bidder must have access to a certified arborist. All work performed in the City shall comply to American National Standards Institute (ANSI) policies and procedures. ANSI standards address pruning removal of dead, dying, diseased trees, broken branches, removal of crossing, erratic, hazardous branches, suckers, and water sprouts, lion tailing, canopy reduction and the one-third rule. Observation of branch collars and branch bark ridges are also explained. 1.0 METHOD OF TRIMMING RECURRENT TREES Trees with a diffuse branching habit, such as that of the Elm, Ash and Maple. 1.1 Radial distribution of branches should allow five (5) to seven (7) scaffold branches to fill the circular space around the trunk dependent on size of tree. 1.2 Scaffold branches should be spaced vertically 18 to 24 inches, if possible. 1.3 The crown should form a symmetrical half sphere with the weight evenly distributed when the tree is finished. 2.0 METHOD OF TRIMMING EXCURRENT TREES Trees with a dominant main trunk and small horizontal branches such as the Pine and Liquid Amber. 2.1 A tree with co dominant leaders should have one dominant leader and the others subordinate. 2.2 The finished tree should have a symmetrical form with the weight evenly distributed. 3.0 METHOD OF TRIMMING YOUNG TREES 3.1 As young trees grow, train permanent lower limbs to provide clearance. Generally, the traffic side shall have 13 feet + of clearance to the curb line and the pedestrian side 7 feet Temporary branches are generally desirable. 40 0 3.2 A young tree that is supposed to be an excurrent trees, but has multiple leaders should be trained to be a one (1) leader tree. One (1) leader should be kept as the dominant leader. The other leaders should be stunted or kept subordinate. 4.0 METHOD OF TRIMMING PALM TREES 4.1 All dead or drooping fronds should be pruned to ANSI Standards. Generally palm trees fronds should not be removed above horizontal. When pruning any Canary Island date palms, Phoenix canariensis, (e.g. Guess Street) use only hand saws or reciprocating saws that can be sterilized between trees. Sterilant shall be pine oil with a 1:3 dilution in water for 7-10 minutes or bleach. 4.2 Slicking frond remnants shall not be cleaned from the trunks. In other words, no skinning without written permission. 5.0 METHOD OF RAISING 5.1 Remove all lower limbs to allow for thirteen (13) feet of clearance at curbline. 6.0 TOPPING 6.1 Only top trees when necessary for clearance or where there is heavy re-growth with decay in the trees previously topped. Preferably to a sufficient sized lateral branch. 7.0 METHOD OF REMOVING 7.1 The Park Superintendent will mark all trees for removal with a silver "x" prior to Contractor commencing the monthly project. Should a tree be scheduled for removal and not marked, it is to be left alone and the Department is to be contacted for clarification. 7.2 All trees shall be removed by sections, no single section shall exceed five (5) feet in length. Refer to ANSI Standard. 7.3 Trunks and/or limbs, over 6" in diameter, shall be cut in sections not to exceed five (5) feet in length and lowered to the ground. The means of lowering shall be acceptable to the City. 7.4 All stumps shall be cut off at ground level, and ground to not less than twelve (12) inches below existing grade. 0 0 7.5 Stump grinding shall be performed within two weeks of tree removal. 8.0 CUTS 8.1 Refer to ANSI Standards. 8.2 Large limbs (over one inch in diameter) shall be cut with a saw using the following procedure. Make the first cut on the underside of the branch, one to two feet from the crotch. The undercut should be at least 1/3 of the diameter. Make the second cut on the branch top side one to three inches further from the crotch than the first (the limb should break off between the two cuts). Refer to ANSI Standards. 8.3 The third cut shall be made just outside the branch collar, at the point bisecting the top angle of the crotch and a similar point bisecting the lower angle of attachment. 9.0 REMOVING DISEASED/DEAD WOOD 9.1 The cut shall be made in dead wood. 9.2 All pruning tools (extension pruners, handsaws, power saws, loopers, hand pruners, and pruning knives) shall be sharp and in good working condition. If a diseased tree is to be pruned, the tools should be sanitized after pruning the diseased branch or tree according to the nature of the disease. 10.0 CLIMBING 10.1 Spikes shall not be used for climbing live trees without written permission from the Park Superintendent 11.0 CLEAN-UP The Contractor shall chip or remove brush as work progresses. The street, parkway and private property shall be kept clean of debris at all times. Any debris left upon the site after the close of each day's operation shall be removed by the City of Rosemead and the cost deducted from the Contractor's payment. 12.0 SAFETY 12.1 The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions in connection with this work. 0 0 12.2 All damages to property attributable to the fault or negligence of the Contractor shall be immediately remedied by the Contractor at his own expense. 13.0 TRAFFIC CONTROL 13.1 Pedestrian and vehicular traffic shall be allowed to pass through the work area only under conditions of safety and with as little delay and inconvenience as possible. Adequate barricades, warning devices and flag men shall be stationed where necessary for the safety of persons and vehicles. 14.0 14.1 Bidders are required to have the following equipment available for use in the city. 14.1.1 1 - Skyworker 14.1.2 1 - Brush Chipper 14.1.3 1 - Pick-up truck with two-way radio 14.1.4 Stump Grinder 14.1.5 1 -1 1/2 ton brush truck 14.1.6 6 - Chair saws 14.1.7 4 - Reciprocating saw or hand saws (for Canary Island Palms) 14.2 All equipment used for trimming or removal of City trees shall be kept in good working order. 14.3 A representative of the Parks and Recreation Department shall judge the condition of equipment used. Any piece of equipment judged to be unsafe shall be removed from the job site immediately. 14.4 Successful bidder, at the time of the execution of the contract, shall provide from the manufacturer a certificate of condition for his skyworker. 0 • EXHIBIT "1" CONTRACTOR INSURANCE REQUIREMENTS Contractor agrees to provide insurance in accordance with the requirements set forth here. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein. Commercial General Liability/ Umbrella Insurance. Primary insurance shall be provided on ISO-CGL form No. CG 00 011185 or 88. Total limits shall be no less than 2 million dollars per occurrence for all coverages and 2 million dollars general aggregate. City and its employees and agents shall be added as additional insured using ISO additional insured endorsement form CG 201011 85 (in no event will City accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self -insurance, primary or excess, available to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/ property damage, personal injury/ advertising injury, at a minimum, and shall include a "drop down" provision providing primary coverage above a maximum $ 25,000.00 self- insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have concurrent starting and ending dates. Business Auto/ Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 0106 92 including symbol 1(Any Auto). Limits shall be no less than 1 million dollars per accident. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation/ Employer's Liability shall be written on a policy form providing workers compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. 0 0 Contractor and City further agree as follows: 1. This Section supersedes 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. 2. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 3. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 5. For purposes of 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. 6. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, and Contractor's employees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City. 7. Unless otherwise approved by City, Contractor's Insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best's" Insurance Guide rating of "A:VII." Self-insurance will not be considered to comply with these insurance specifications. 8. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor. 0 i 9. Contractor agrees to provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability and umbrella liability policies (if any) using ISO form CG 2010 1185. Certificate(s) are to reflect that the insurer will provide 30 days notice 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; and to delete the word "endeavor" with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City upon request. 10. 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. Such proof will be furnished within 72 hours of the expiration of the coverages. 11. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City of any additional insured, in this or any other regard. 12. Contractor agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreement will not impose any liability on City, or its employees. 13. If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. 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. V. ITEMIZED BID FORM AND TREE GROUPS 1.0 ITEMIZED BID FORM 0 Indicate charges for work to specific group and in accordance with the appropriate trunk diameter and height. See section 2.0 for specific groups. 1.1 GROUP CHARGES TRUNK DIAMETER GROUP I Or' - 4" 4" -12" 12" - OVER TOTAL Cost to Raise $ $ $ $ Cost to To $ $ $ $ Cost to Trim $ $ $ $ Cost to Remove $ $ $ t S TRUNK DIAMETER GROUP II 0"-4" 4" -12" 12" - OVER TOTAL Cost to Raise $ $ $ $ Cost to To $ $ $ $ Cost to Trim $ $ $ $ Cost to Remove S S S TRUNK DIAMETER GROUP III 0" - 4" 4" -12" 12" - OVER TOTAL Cost to Raise $ $ $ $ Cost to To $ $ $ $ Cost to Trim $ $ $ $ Cost to Remove $ $ $ $ TREE HEIGHT GROUP IV 0" - 4" 4" -12" 12" - OVER TOTAL Cost to Trim $ $ $ $ Cost to Remove $ $ $ $ TOTAL GROUP CHARGES 9 0 1.2 EMERGENCY CHARGES Emergency charges shall include all personnel, equipment and any other materials used in completing work. a) Minimum service charge shall be at the rate of $ for hrs. b) Charges beyond minimum time shall be at the rate of $ per hour. 2.0 TREE GROUPS Refer to the following groups when preparing cost for raising, topping, trimming or removing: GROUP I (Deliquescent) Evergreen Pear Locust Acacia Cupania Crape Myrtle Birch Loquat Gingko GROUP III (Excurrent) Cedar Redwood Silk Oak Tulip Tree Bottle Brush Mimosa Pittos Porum Coral Olive Red Leafed Plum Silk Floss Pine Cypress GROUP II (Excurrent) Elm Indian Laurel Carob Camphor Oak Maple Jacaranda Mulberry Carolina Cherry GROUP IV (Palms) Palm Magnolia Ash Cal. Pepper Brazil Pepper *Sycamore Alder *Eucalyptus *Liquid Amber Yucca • Due to the broad nature of this species, certain types may be either excurrent or deliquescent. T H E A M E B I C I N S T I T U T E f ~p~il~l I~ AIA Document A305 0 F 10 A R C H I T E C T S Contractor's Qualification Statement 1986 EDITION Th. is form is approved and reconznzended by The American Institute of Architects (AIA) and The Associated General Contractors of America (AGC) for use in evaluat- ing the qualifications of contractors. No endorsement of the subnzitting parry or verification of the information is made by the AIA or AGC. The Undersigned certifies under oath that the information p rovided herein is true and suffi- ciently complete so as not to be misleading. SUBMITTED TO: ADDRESS: SUBMITTED BY: Corporation ❑ Partnership ❑ NAME: Individual ❑ ADDRESS: PRINCIPAL OFFICE: Joint Venture ❑ Other ❑ NAME OF PROJECT (if applicable): TYPE OF WORK (file separate form for each Classification of Work): General Construction HVAC Plumbing Electrical Other (please specify) Copyright 1969, 1969. 1979. (&-'1986 by The Amcrican Institute of Architects, 1735 New York Avenue, N.W., Vlashing- ton, D.C. 30006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 1986 EDITION • AIA° • C)1986 THE AMERICAN INSTITUTE OF ARCHITECTS, 1-95 NEU' YORK AVENUE. NNW, WASHINGTON, U C. 2w06 A305-1986 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 0 1. ORGANIZATION 4 ame? 1.2 How many Fears has Four organization been in business under its present business n 1 .2.1 Under what other or former names has your organization operated? 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation: 1.3? State of incorporation: 1.3.3 President's name: 1.3.4 Vice-president's name(s): 1.3.5 Secretary's name: 1.3.6 Treasurer's name: 1.4 If your organization is a partnership, answer the follov,'ing: 1.4.1 Date of organization: 1.4? Type of partnership (if applicable): 1.4.3 Name(s) of general partner(s): 1.5 if your organization is individually owned, answer the following: 1.j.1 Date of organization: 1.5 .2 Name of owner: AIA DOCUMENT A305 • CONTRACrows QLALIFICATION STATEMENT • I9W) EDITION • AW . rc_ I9K6 THE AMERICAN INSTITUTE OF ARCHITECTS. 1-35 NEV' PORK AVENUE, N\X., uASHINC,TON, D.C 2PINK' WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. A305-19B6 2 11 2 3 3.1 3.2 • 1 .6 11" the form of your organiz pion is other [Ilan tl~jose listed above, describe it and name the principals: LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. 2.2 List jurisdictions in v,-hjc11 lour organization's partnership or trade name is Fled. List the categories of work that your organization normally performs with its own forces. EXPERIENCE Claims and suits. (If the answer to an}- of the questions below is ves, please attach details.) 3 2 1 Has your organization ever failed to complete any work awarded to its ~ 2 2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? 3.2.3 Has your organization filed an)- law suits or requested arbitration with regard to construc- tion contracts within the last five years? 3.3 - itilin the last five vears, has any officer or principal of Your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (if the answer is yes, please attach details.) AIA DOCUMENT A305 • CONTRACTOR S QI AI.IFICATIOt< STATEMENT • 19kh EDITION • AIAI! • i2 19!96 A305-1986 3 THE AMERICAN INSTITI'TE OF ARCHITECTS. 1-3i NEW 1-ORK AVENUE. N V \CASHINGTON, D C 20000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • i 1.6 If the form of your organization is other than those listed above, describe it and name rile hrinclpals: 2. LICENSING 2.1 List jurisdictions and trade categories in ~vhjch your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. 2.2 List jurisdictions in which your organizations partnership or trade name is filed. 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its Owil forces. 3? Claims and Suits. (If the answer to am• of the questions below is ves, please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it' 3?? Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers' ;,2,3 Has your organization filed any lan• suits or requested arbitration with regard to construc- tion contraCLS within the last five %,cars? 3.3 Within the last fire years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contracts (if the answer is yes, please attach details.) ' AIA DOCUMENT A305 • c:ONTRAC:1'ti Qt'ALIF!(:ATlciN STATEMENT • 1986 EDITION • .Ai•jI~' iµ( A3O5-f966 3 THE AMERICAN INSTIT. TE OF ANCHITECTS, 1-3~ NEW) URK AVENUE, NU . \V.aSHINGTON, D,C 201 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • i 6. SIGNATURE 6 1 D;Ited at this Name of Organization: By: Title: 6.2 day of M being duly sworn deposes and saes that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this 19 Notary Public: My Commission Expires: day of CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A305 • CONTRACTOR'S QUALIFICATION STATEMENT • 1980 EDITION • AIA" • 61936 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N)X'.. VASHINGTON, D.C- 30006 A305-1966 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. • i BID PROPOSAL FORM TO: City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 I have received the documents titled: Notice Inviting Bids, Instruction to Bidders, Specifications, Work Schedule and Emergency Services, Itemized Bid Form and Tree Groups, Insurance Requirements, Agreements, Contractors Qualification Statement, Bid Proposal Form and # # , # & # . I have satisfied myself as to the scope of work. In submitting this Proposal, I agree: 1. To hold my bid open for 60 calendar days from the date of this Proposal. 2. To comply with the provisions of the Notice Inviting Bids, Instruction to Bidders, Specifications, Work Schedule and Emergency Services, Itemized Bid Form, Insurance Requirements and Agreement. 3. To furnish bonds as noted in the Instruction to Bidders. 4. To begin work within ten (10) calendar days after receiving Notice to Proceed. 5. All monthly work shall be accomplished within thirty (30) calendar days. 6. I have completed and enclosed the Contractor's Qualification Statement, List of Sub- Contractors and executed Agreement. 7. To name the City of Rosemead as additional insured on the Insurance Certificate. I will provide all labor, materials, supplies and equipment and perform all the work as specified in these documents for the total Group Charges (see Section V -1.1) of: Hand Written Amount Dollars By: Date: Address: Street City Zip Code Telephone No: Contractor's Lic#: Fax No: • • LIST OF SUB-CONTRACTOR'S The following is a true and complete list showing the name and the location of the place of business of each sub-contractor who will perform work, or labor or render services to the Contractor who will perform work, or labor or render services to the Contractor in or about the work in an amount in excess of one-half of one percent (0.5%) of the Contractor's Total Bid. List the portion of the work which will be done by each subcontractor and list only one subcontractor for each such portion. WORK PORTION SUB-CONTRACTOR'S NAME & BUSINESS ADDRESS 0 0 STREET TREE MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into in duplicate this 25r" day of July, 2006, by and between the CITY OF ROSEMEAD, a municipal corporation, ("City") and , ("Contractor"). WHEREAS, on July 25, 2006, the City Council of the City awarded to Contractor, as the lowest responsible bidder, the contact for the work hereinafter described, and in consideration of payment therefore, IT IS AGREED AS FOLLOWS: 1. OBLIGATIONS OF CONTRACTOR Contractor, at Contractor's expense, shall furnish all tools, implements, methods and processes, facilities as set forth in Section III of the attached specifications, and transportation, labor, and material necessary to perform, in a good and workmanlike manner, all work described herein. Work shall include the normal tree maintenance of all street trees within the City of Rosemead, emergency service as set forth hereinafter and accessory services including removal of dead wood, clean up and traffic control in areas where work is performed. 2. COMPENSATION The City shall pay Contractor monthly, upon demand as described in Section V of the Specifications all compensation due per work performed in the preceding calendar month. If Contractor fails to perform any phase of this contract to the satisfaction of the City, his monthly payment, or any portion thereof as determined by the Director of Parks and Recreation, will be withheld until corrective action is taken. The Contractor shall be notified in writing five days prior to monthly payment if any amount is to be withheld. 3. TERMINATION OF CITY As consideration for payment during the term hereof, the Contractor and the City agree that the City reserves the right to cancel, upon ten days written notice, for any reason, the remaining term of the contract or any portion of the maintenance services provided for in the Specifications attached hereto. 0 0 4. PERFORMANCE STANDARDS All work shall be performed in accordance with Section III -1.0 through 14.0 of the attached Specifications. All work shall be performed in a workmanlike manner and thereafter, all work areas properly cleaned of debris. 5. EMERGENCY SERVICES Emergency services shall be performed in accordance with Section IV of the Work Schedule and Emergency Services attached hereto. All Emergency Services shall be performed with the understanding that the primary obligation of the Contractor is to restore the emergency area to a safe and normal condition which protects the public from risks to person or property. 6. PROTECTION OF WORK AND PUBLIC The Contractor shall take all necessary measures to protect the work and prevent accidents during any and all phase of work. He shall provide and maintain all necessary barriers, guards, watchmen, flare pots, or lamps during maintenance procedures. The Contractor will provide at this own expense all the advance signing and barricading and also all signs, barricades, flashers, and other necessary facilities for the protection of the public within the limits of the maintenance area while maintenance activities are proceeding. INSPECTIONS Inspections of all work will be made by the Director of Parks and Recreation or his representative. If the work performed is not satisfactory, the Director may suspend the agreement for any period of time up to and including the next regular meeting of the Rosemead City Council, at which time the Rosemead City Council may reinstate or terminate the agreement. No sums shall be due or payable to the Contractor during any time of such suspension. 0 0 8. INSURANCE The Contractor shall furnish the City with, and thereafter maintain in full force and effect until the work is accepted by the City, a policy or certificate of liability insurance in which the City is the named insured or is named as an additional insured with Contractor, covering all operations or extra work, work during any extension of the contract time, as well as, work within any extension of the services provided. The policy shall specifically insure the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. Said policy shall not be cancelled until after thirty days written notice of same has been mailed by registered or certified mail to City. Should the policy expire or should such evidence not be filed as herein required, City may suspend all contract work until the required insurance coverage has been obtained. The policy shall provide coverage in the types and amounts set forth in Insurance Requirement Exhibit "1". Contractor shall further file a copy of Contractor's Worker's Compensation Insurance Policy, or a certificate thereof, showing the required Worker's Compensation Insurance. Such policies or certificates shall contain a provision that such insurance shall not be cancelled or terminated until thirty days after prior written notice to City. Any such termination during the terms of this contract shall be grounds for termination of this contract by City without further liability to Contractor of any nature whatsoever. 9. FAITHFUL PERFORMANCE BOND The Contractor shall secure and deliver to the City a good and sufficient surety bond to be approved by the City Clerk and the City Attorney, in the amount of contract to secure the full, true, and faithful performance of all the terms, obligations, and conditions of the agreement to be kept and performed by Contractor. 10. HOLD HARMLESS Contractor will be required to indemnify and hold harmless City and its officers and employees from any claims, damages, or expenses, including attorney's fees and court costs, arising out of Contractor's performance under the agreement to be awarded to the successful bidder. 11. WAIVER Failure of City to require performance by Contractor of any provisions of this agreement shall not affect the right of City to enforce the same thereafter, and shall the waiver by City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision. 12. LAWS TO BE OBSERVED The Contractor shall keep himself fully informed of, and act in compliance with, all existing laws, ordinances, and regulations of the City and the State of California which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work. 13. ASSIGNMENT OR TRANSFER OF AGREEMENT The agreement shall not be assignable or transferable by Contractor without the express written consent of the City. "Assignment" is specifically defined in Section II - 5.0 of the attached Specifications. 14. PREVAILING WAGES Pursuant to the California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, the Director of Industrial Relations has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes applicable to the work to be done. Said rate and scale are on file with the City Clerk, City of Rosemead, and copies will be made available to any interested party on request. The Contractor is hereby required to post a copy of the above mentioned prevailing wage rates at job site. Any classification shall comply with the prevailing wage rate in effect at the time of this Notice to Contractors Inviting Bids. All Contractors and Subcontractors shall comply with the provisions in Section 1777.5,1777.6 and 1777.7 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractors under him shall comply with the requirements of said sections including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. i • It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon the Subcontractors under him, to pay not less than the said specified rates of the current minimum prevailing rate in the area where the work is performed, to all workers employed by them in the execution of the Contract. 15. NOTICE Any notice given hereunder shall be deemed to have been given when delivered to the Mayor, City Clerk or City Manager of City or to Contractor personally, or when sent to said parties by registered mail, postage prepaid, addressed to the parties at the addresses listed below: CITY CONTACTOR City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Either party may by written notice to the other designate a different address for receipt of notices hereunder. 16. TERM OF CONTRACT (one (1) year) The term of this contract shall be for a period of one year, commencing on the date of signing, and may be extended upon mutual consent of both parties, except that in the event that the City terminates the contract pursuant to the provisions of Section 3, hereof, this contract shall be of no legal effect and the City shall incur no liability to the Contractor thereof. 17. COST OF LIVING ADJUSTMENT Contractor may be granted a cost of living adjustment at the time of the commencement of any renewal term hereof, without the necessity of rebidding, if the City Council determines that: (1) The service provided by the existing Contractor are satisfactory and it is in the best interest of the City to retain the present Contractor and (2) The Contractor proposes to provide the same level and quality of service at a price not to exceed 10% above the current price. (3) That the Contractor, because of increased costs of labor and materials, is entitled to a cost of living increase; and (4) That there has been no such cost of living adjustment for the past twelve (12) months. 18. EFFECTIVE DATE This agreement shall be effective from this 25th day of July, 2006. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. CITY OF ROSEMEAD A Municipal Corporation Contractor Mayor - City of Rosemead