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CC - Item 5E - Approval of First Amendment to Professional Services Agreement with West Coast Arborist, Inc. for Tree Trimming, Maintenance, and Inspection ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: AUGUST 9, 2022 SUBJECT: APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE TRIMMING, MAINTENANCE, AND INSPECTION SERVICES SUMMARY On July 23, 2019, the City Council approved a three-year agreement (Agreement) with West Coast Arborists, Inc. (WCA) to provide tree trimming, maintenance, and inspection services. The existing Agreement with WCA is set to expire on September 10, 2022. Staff is requesting the City Council to approve a two-year extension to the Agreement to September 10, 2024, with a one-time Consumer Price Index (CPI) increase of 5%, or an increase of $9,335, for an annual amount of $196,035. On July 23, 2019, the City Council approved a three-year agreement with WCA to perform tree maintenance services. The services include tree trimming, removals, planting, emergency response, inspections, arborist reports. In addition, WCA is responsible for maintaining an inventory and maintenance records of all City trees. These records assist City staff in addressing maintenance service requests and insurance claims. The City currently has approximately 6,345 trees within the public right-of-way, parks, and other facilities with approximately 200 different species of trees. On an annual average, WCA trims approximately 1,500 trees and provides response to 20 emergency requests. The City has partnered with WCA for tree maintenance services since 2010. Through this partnership WCA has developed a thorough understanding of the City's trees and maintenance services. WCA has consistently provided effective communication, high quality services, and timely response to emergency requests throughout their contract term. WCA's existing Agreement is set to expire on September 10, 2022. WCA has requested an extension to the Agreement for an additional two years, as permissible by the Agreement with the City's approval. In addition to the extension, WCA proposed a one-time annual CPI increase of 8.5%. The proposed CPI increase is in alignment with the recent CPI increase data released by AGENDA ITEM 5.E City Council Meeting August 9, 2022 Page 2 of 2 the U.S. Bureau of Labor and Statistics. After negotiations between WCA and staff, WCA has agreed to reduce their one-time annual CPI increase request to 5%, or an increase of $9,335. Staff is requesting the City Council to approve a two-year extension to the Agreement to September 10, 2024, with a CPI increase of 5%, or an increase of $9,335, for an annual amount of $196,035. STAFF RECOMMENDATION It is recommended that the City Council authorize the First Amendment to the West Coast Arborists, Inc. agreement for a two-year extension (September 9, 2022, to September 9, 2024) for the general scope of services per the original contract and increase the agreement amount by $9,335 for a one-time CPI increase for a new total annual amount of $196,035. FISCAL IMPACT Funding for Tree Maintenance services is included in the proposed Fiscal Year 2022-23 Annual Budget under the Public Works Department's maintenance and operations budget, Parks and Open Spaces Division account, with a total amount of $200,000 and is funded by General Funds and Gas Tax Funds. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: James Laza, Public Works Manager Submitted by: N6C,44za cam+ Michael Chung, P.E., irector of Public Works Attachment A: West Coast Arborists, Inc. Extension Request and Cost Proposal Attachment B: First Amendment to Professional Services Agreement Attachment C: Professional Services Agreement (West Coast Arborists, Inc.) Attachment A West Coast Arborists, Inc. Extension Request and Cost Proposal Tree Care Professionals Serving Communities Who Care About Trees July 05, 2022 CITY OF ROSEMEAD ATTN. JAMES LARA 8838 E. VALLEY BLVD ROSEMEAD, CA 91770 RE: Tree Maintenance Services performed by WCA, Inc. Dear Mr. Lara, www.WCAINC.com As we approach the end of the current contract year, West Coast Arborists, Inc. would like to take this opportunity to convey our sincere gratitude to you and your staff for another successful year. Together, we have worked diligently to maintain the integrity, health and preservation of the community's urban forest. The purpose of this letter is to express our interest in continuing with the agreement for an additional two (2) years with a one-time adjustment in cost. The adjustment is a result of Consumer Price Index (CPI) changes and increased labor costs as determined by the California Department of Industrial Relations. Although the Consumer Price Index (CPI) for the area from the previous calendar year, as published by the Department of Labor's Bureau of Labor Statistics stands at 8.5%, we respectfully request a cost adjustment of 5.0% to help minimize the City's financial constraint. Effective Dates: September 10, 2022 - September 9, 2024 CPI Adjustment Requested: 5.00% Region Area: Los Angeles -Long Beach -Anaheim We appreciate your consideration in this matter and look forward to continuing our successful business relationship. Should you have any questions or require additional information, please do not hesitate to email me at v_gonzalez(cDwcainc.com or call me at (800) 521-3714. Sincerely, Vidor M. Gonzalez Vice President, Business Development CITY OF ROSEMEAD Schedule of Compensation for Year 2022 - 2024 Tree Maintenance Services performed by WCA, Inc. 1 Grid Prune Each $73.50 2 Block Prune Each $140.70 3 Svc Rqst Prune 0-6 DSH Each $51.45 4 Svc Rqst Prune 7-12 DSH Each $98.70 5 Svc Rqst Prune 13-18 DSH Each $151.20 6 Svc Rqst Prune 19-24 DSH Each $203.70 7 Svc Rqst Prune 25-30 DSH Each $266.70 8 Svc Rqst Prune 31+ DSH Each $308.70 9 Raise/Clearance Prune 0-12 DSH Each $46.20 10 Raise/Clearance Prune 13-24 DSH Each $98.70 11 Raise/Clearance Prune 25+ DSH Each $130.20 12 Date Palm Prune Each $266.70 13 Fan Palm Prune Each $73.50 14 Palm Prune, all other species Each $73.50 15 Date Palm Trunk Clean Foot $42.00 16 Fan Palm Trunk Clean Foot $19.95 17 Tree & Stump Rmvl 0-24 DSH Inch $39.90 18 Tree & Stump Rmvl 25+ DSH Inch $50.40 19 Stump Grinding Inch $14.70 20 Plant 15 Gallon Tree Each $172.20 21 Plant 24" Box Tree Each $350.70 22 Plant 36' Box Tree Each $896.70 23 Tree Watering Man Hour $92.40 24 Milling Lumber Foot $14.70 25 Root Prune Foot $25.20 26 Root Barrier Installation Foot $25.20 27 Arborist Report Man Hour $151.20 28 Resistograph Testing Man Hour $151.20 29 Ground Penetrating Radar Man Hour $177.45 30 Air Spade Services Man Hour $177.45 31 Fumigation Services Man Hour $177.45 32 Fertilization Services Man Hour $151.20 33 Level 1,2,3 Assessment Man Hour $151.20 34 Soil Testing/Enchancement Man Hour $151.20 Printed on: 7/5/2022 2:24:29 PM Page 2 of 3 ,< CITY OF ROSEMEAD Schedule of Compensation for Year 2022 - 2023 Tree Maintenance Services performed by WCA, Inc. The current rates have remained fix since September 2019. The proposed rates reflect a 5.0% increase to help offset the increase in prevailing wage as established by the state's Department of Industrial Relations and the increase in operating costs for recycling, and fuel. Upon approval, the new rates will be valid for two years, effective 9/10/22 and valid through 9/09/24. Printed on: 7/5/2022 2:24:29 PM Page 3 of 3 DescriptionItem � ... -. 35 Citywide Tree Risk Survey - per tree Each $5.25 36 GPS Tree Inventory Each $3.15 37 Canopy Spray from Ground Inch $2.10 38 Canopy Spray from Aerial Lift Inch $4.20 39 Insecticide/Fungicide Trunk Banding Inch $5.25 40 PGR Trunk Banding Inch $2.10 41 Insecticide/PGR Soil Application Inch $4.20 42 Insecticide/Fungicide Soil Application Inch $2.10 43 Soil Injection - Fertilization Inch $3.15 44 Soil Drenching Fertilization Inch $2.10 45 Trunk Injection - Insecticide Inch $5.25 46 Trunk Injection - Fungicide Inch $4.20 47 Trunk Injection - Combo Inch $8.40 48 Avermectin Class Injection Inch $6.30 49 Crane Rental Hour $203.70 50 95' Aerial Tower Rental Hour $182.70 51 Loader or Bobcat Rental Hour $151.20 52 Crew Rental - per man Man Hour $92.40 53 Emergency Response - business hrs Man Hour $103.95 54 Emergency Response - after hrs Man Hour $124.95 The current rates have remained fix since September 2019. The proposed rates reflect a 5.0% increase to help offset the increase in prevailing wage as established by the state's Department of Industrial Relations and the increase in operating costs for recycling, and fuel. Upon approval, the new rates will be valid for two years, effective 9/10/22 and valid through 9/09/24. Printed on: 7/5/2022 2:24:29 PM Page 3 of 3 Attachment B First Amendment to Professional Services Agreement FIRST AMENDMENT TO TREE MAINTENANCE SERVICES AGREEMENT (WEST COAST ARBORISTS, INC.) This FIRST AMENDMENT ("Amendment') is made and entered into this day of , 2022 ("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 E. Via Burton, Anaheim, CA 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 July 23, 2019, for Tree Maintenance Services (the "Agreement'); and WHEREAS, this Agreement is set to expire on September 10. 2022; and WHEREAS, Section 3.3.1 of the Original Agreement defines Agreement compensation not to exceed One Hundred Eighty -Six Thousand Seven Hundred Dollars ($186,700) per year; and WHEREAS, City and Contractor may mutually agree to extend the term of this Agreement for two additional years; and WHEREAS, City and Consultant desire to increase the annual compensation by Nine Thousand Three Hundred Thirty -Five Dollars ($9,335) to a not to exceed annual amount of One Hundred Ninety -Six Thousand Thirty -Five Dollars ($196,035). NOW, THEREFORE, the Parties agree as follows: 1. The Agreement shall be amended. 2. Section 3.1.2 of the Original Agreement shall be amended to read as follows: 3.1.2 Term. The term of this Agreement shall be from Effective Date shown above to September 10, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. West Coast Arborists, Inc. Page 2 of 3 3. Section 3.3.1 of the Original Agreement shall be amended to read as follows: 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Ninety -Six Thousand Thirty -Five Dollars ($196,035) per year, without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 4. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. 5. 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. {SIGNATURES ON NEXT PAGE] West Coast Arborists, Inc. Page 3 of 3 CITY OF ROSEMEAD Ben Kim, City Manager Attest: WEST COAST ARBORISTS, INC. Date Signature Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman, City Attorney Date Print Title: Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] LIM Name: Title: FAr Professional Services Agreement (West Coast Arborists, Inc.) TREE MAINTENANCE SERVICES AGREEMENT ES �4RSflfSm"rS��nf,Gj� PARTIES AND DATE This Agreement is made and entered into this 5,44.,..kr l0�20/g by and between the City of Rosemead, a municipal organ tion organized 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 CoastArborists, Inc. with its principal place of business at 2200 E 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 three (3) years, with the option for renewal for up 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 insyrance and final execution of the Agreement by both parties, hereby set on: 5 R4"be. io , 2d/i. WEST COAST ARBORISTS, 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 ExhibitA (Scope of Work). The City shall have the right to alter the frequency of maintgnance 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 conditions. In order WEST COAST ARBORISTS, INC. Page 3 of 29 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 Director of Public Works, Christopher Daste, or his or her designee, to act as its representative for the performance of this Agreement CCity'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. 3.2.6 Contractor's Representative. Contractor hereby designates Mr. Gonzalo Regalado, Area Manager, as its designee, to act as its representative for the performance of this Agreement CContractor'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 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 inhhe 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 approvals of whatever nature that are legally required to perform the Services, including a City Business License, and WEST COAST ARBORISTS, INC. Page 4 of 29 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 to 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 CaUOSHA 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 fife protection and fife 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 ARBORISTS, INC. Page 5 of 29 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including reimbursements, for all Services rendered under this Agreement. Rb-gfttpl #Pastor proppsalhibf Extra Work may be auzed, as described below, and d au onzed, 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 Agreement. All such records shall be clearly identifiable. Contractor shall allow a WEST COAST ARBORISTS, INC. Page 6 of 29 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 Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806 Attn: Gonzalo Regalado Tel: (626) 255-7618 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Director of Public Works, Christopher Daste WEST COAST ARBORISTS, INC. Page 7 of 29 . Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) 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's. 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 COAST ARBORISTS, 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 maybe 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 WEST COAST ARBORISTS, INC. Page 9 of 29 personnel, employees, agents, and subcontractors of Contractor, except as otherwise 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. 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 WEST COAST ARBORISTS, INC. Page 10 of 29 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 • Exhibit A Scope of Work • Exhibit B Bid Unit Prices and Amendment • Exhibit C Insurance Requirements WEST COAST ARBORISTS, INC. Page 11 of 29 CITY OF ROSEMEAD WEST COAST ARBORISTS, INC �y(� cam, �a 16 By: Gloria Molleda, City Manager Date ATTEST: D Ericka Hemandez, City Clerk D� APPROVED AS TO FORM: IN Patrick Mahoney President Title: 8/30/19 Date Ll It .4,7u iu res 1 4�v; By: L Rachel Richman, City Attomey Date Name: Title: Secretary 8/30/19 Date PERFORMANCE BOND California Public Works EXECUTED IN TRIPLICATE Bond No: RCB0024236 Premium: $ 1,407-00 KNOW ALL MEN BY THESE PRESENTS, That we,.WEST COAST ARBORISTS, INC. called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, Illinois corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto CITY..OF ROSEMEAD called the Obligee, in the sum of ONE HUNDRED EIGHTY --SIX THOUSAND SEVEN HUNDRED AND NO/100 Dollars ($146,70q. 00 ) for fireYm a . ent whereof said Principal and Surety bind themselves fuml b these P Y Y presents. WHEREAS, the Principal has entered into a contract, dated the _ day of _ with the Obligee to do and perform the following work, to -wit: RFP: $2019=09 FOR COMMUNITY TREE MAINTENANCE SERVICES ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work ailed for under the Contract then this obligation shall be void; otherwise to remain in full force and effect. ?ROVIDED, however, that this bond is for the benefit ofthe named Obligee only, and no otherpeison or entity has any rights against is bond; and 'ROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration ofone (1) year from the date on which a Principal last performed work under the Contract or from the date of substantial completion of the Contract, whichever is earlier, d* . ROME % FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions orinactions, whether 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 : be a substitute for or supplemental to any liability or other insurance required by the Contract. ned and sealed this 4th day . SEPTEMBER 2019GAN tcipal: WEST COAS 0 5 ITC. CON CTORSBO TDINDINSURANCE COMPANY Ivu Patrick Mahoiley, Presi en By. ttorney-in- t MICHAE D. STONG THE EFFECTIVE DATE OF THE BOND SHALL BE FROM 9/1/19 THROUGHB/31/20 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 RENEWAL CERTIFICATE, AND/OR RIDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON—RENEWAL OF THE BOND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE CONSIDERED A BREACH WITHIN THE EFFECTIVE PERIOD OF THE BOND. Bndti PP.ol-CAo22196 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cm.L CODE§ 1189. A notary public or other officer completing this certificate Verifies onlythe 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 ORANGE ) On . 9/4/19before me, Amelia I. Menzel, Notary Public . Data Here insert .Name and Title of the Officer personally appeared Patrick Mahoney Name(s) of Signar(s) who proved to me on the basis of satisfactory evidence to be th ersorl whose name i e 3glaaWbed to the within instrument and ackno ged to me that�hef4hey--executed the s � ine hi P authorized capaoity#esj end that ibFEthefr slgnaturf on the Instrumem thepersonr(aj, or the entity upon behalf of which the personl executed the instniment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMciA-CaECalifornia i Notary Public WITNESS my and d offici seal. z Orange County E Commission N 2284387 My Comm. Expires Apr 5, 2023 Signature Signature§ignaturep. f Notary Public Place Notary Seal Above OPTfONA4 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 Performance Bond . Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Corporate Officer— Tdle(s): • Partner- ❑ Limited ❑ General O Individual O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signet Is Representing: _. Signer's Name: ElCorporate Officer - Tiile(s) ❑ Partner - ❑ Limited, ❑. General ❑ Individual ❑ Attorney in Fact ❑ Trustee Ij Guardian or Conservator El Other: Signer Is Representing: a T�. -:rr • :r1 el 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 Califomia County of Riverside ) On before me, R. Naooi "Notary Public" Date —T Here Insert Name and Title of the Officer personally appeared MICHAEL D STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/am subscribed to the within Instrument and acknowledged to me that he/sMAhey executed the same in his/her/tbeir authorized capacity(ie6), and that by his/hsr/their signature(a) on the instrument the person(4, or the entity upon behalf of which the persons) acted, executed the instrument. It NAPPI o COMM. 72152552 NOTARY PUBuC•CALIFORMA PoYERSIDE COUNT'( My Comm. Exp. June 7,20 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4QeQ-4- Signarfuliq of Notary Public 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator M other, Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: «y« YAYML+'NT BUND California Public Works EXECUTED IN TRIPLICATE Bond No. RCB0024236 Charge for this bond is included in premium for Pcrfomwnce Bond. KNOW ALL MEN BY THESE PRESENTS, That we, WEST COAST ARBORISTS, INC. called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, Illinois corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto CITT OF ROSEMEAD called the Obligee, in the sum of ONE HUNDRED EIGHTY-SIX THOUSAND SEVEN HUNDRED AND NO/ 100 Dollars ($ 186,700.00 -)(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 RFP: $2019-09 FOR OOMMUNITY TREE MAINTENANCE SERVICES ("Contract"): NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3 18 1, oramounts due under the Unemployment insurance Code with respect to work orlaborperformed underthe 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 ofsix months after the period 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 attorney 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 and sealed this 4th day of SEPTEMBER By: 2019 INSURANCE COMPANY 1 1, MICHAEL D STONG A'Ubrney-in-Fact 'HE EFFECTIVE DATE OF THE BOND S L BE FROM9/1/19 OUGH8/31120M SURETY HALL NOT BE LIABLE 'OR ANY DEFAULTS OR EVENTS ARISIN EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE BOND. AT SO PTION OF. THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWAL CERTIFICATE, AND/ IDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON -RENEWAL OF THE Bndutve01-cn022196 OND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL .NOT BE CONSIDERED A BREACH WITHIN THE EFFECTIVE ERIOD OF THE BOND. A notary public or other officer completing this cettilicate'vertfies 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 ORANGE . ) On . 9/4/19. before me, Amelia L Menzel, Notary:Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney Mitt of Signers) . . who proved to ins on the basis of satisfactory evidence to beerson(dp whose nam�4))Ap%e nbed to the within instrument and ackn ged to me the xecuted the same i authorized capacky((e4j and that b hi ignature on.the instrument the person; e entity upon behalf of which the personXacted,. executed the Irrffst�rument I certify under PENALTY OF PERJURY under the laws of the. State of Califomia that the foregoing paragraph. is true and correct. WITNESS my hand an offici seal Signature Signature 04ittery Public . AMnJAdENZEL . Notary Public - California Orarp County Commission/2264111 My Comm. r 7vt Apr 5, 2023 Place Notary Seal Above QP710NAL . Though this section is, optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form loan unintended document Description of Attached Document Tire or Type of Document: City of Rosemead Payment Bond Document Date: Numlier of Pages: Signers) Other Than'Narned Above: Capacttypes) Claimed by Signer(e) Signer's Name: Signer's Name: O Corporate Officer — Tite(a):T .0 corporate. officer — Title(s);ElPartner - 17 Limited ..❑ General O Partner — .0 Limited El, General El Individual ❑ Attorney in Fact ❑ Individual DA ttbmey Iii Fact . ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer is Representing:. . NotaryAssociation - www.NatlohaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 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 ) before me, R. Nappi "Notary Public" Date Here Insert Name and Title of the Officer personally appeared MICHAEL D. STONG Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o whose name(s) is/M subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(®$), and that by his/h ar/their signature(a) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. R NAPPI COMM. N 2152652 G+ 'fes NOTARY PUBu6CAUFOBNIA RIVERSIDE COUNTY My Comm Exp. June 7, 202D Place Notary Seal Above 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 ��-//4� Si nature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacfty(fes) Claimed by Signer(s) Signer's Name: ❑ Corporate Offioer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator fl Othar Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: _ �uF ;<a'iv G�-M1�.<�•� v(`j4`<M/ri�'G�.4'/ 'MT MOM= /Ay«✓<e �«.,'v POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025, N. Lindbergh Dr. Peoria, IL 61615 Phone: 800.645-2402 Know AR Men by 77rese Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may he detached by the approvingofficer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Jeremy Pandersrest Rosemary NapoL Mchael D. Stong: jointly or sevemBv in the City of. Riverside . State of California its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars (. $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors BondingandInsurance Company, as applicable, have each further certified that. the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is 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 Company 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 Company. 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 may be.printed by facsimile." IN WITNESS WHEREOF, the 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 11th day of October 2018 . w,mwew RLI Insurance Company uoS�g�%ppttCE Contractors Bonding and Insurance Company X ,ted 4°pVoa4f� 3�; cparaq'S/ •', 3 e �— =st SEAL_ = . SEAL,' E BY: 1 Barton W. Davis vice President State of Illinois ) Kuao>s - •�<Cp NOva°, . } SS County of Peoria J CERTIFICATE. -On this nth day of October 2018 : before me, allotary Public, personally appeared Berton W. Davis . who being by me duly swom, acknowledged that he signed the shove Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company andacknowledgedsaid instrument to be the voluntary act and deed of said corporation. .. Gretchen L. Johnigk - Notary Public WSJMM212 I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furCtennore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof; Ihave hereunto set my hand and the seal of the RLI Insurance Coy and/or - rat tore nodr'rJ$�q�,Insurance Companythis day of �sv!-I RLI Insurance Company Contractors Bonding and Insurance Company By: (1aiL Jean Motcphenson Corporate Secretary A0058917 WEST COAST ARBORISTS, INC. Page 12 of 29 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. Intemet-based access to an Urban Forestry Management tool that include work order tracking, ability to send work requests including but not limited to pruning, planting, and WEST COAST ARBORISTS, INC. Page 13 of 29 removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility ('If applicable) I. 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 II. Tree Inventory The Contractor will provide the City access to a record keeping system consisting of an Intemet-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 distings 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 WEST COAST ARBORISTS, INC. Page 14 of 29 inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs 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 ta 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 ESRI ArcView/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. WEST COAST ARBORISTS,.INC. Page 15 of 29 V. Project Special Provisions This project may include of special tree pruning, traffic clearance pruning, and palm pruning as specified in this Contract. 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 Arboriculture. The Contractor shall also meet the requirements of the American National Standards, Z133-1-2006, 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%:") 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 (1'0) percent chlorine bleach solution after each cut and WEST COAST ARBORISTS, INC. Page 16 of 29 between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. 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 C. 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 fo 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 shall make every effort to communicate and coordinate WEST COAST ARBORISTS, INC. Page 17 of 29 with City personnel regarding observed irrigation needs, landscaping needs, graffiti issues, etc. 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 h. 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 j. 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 S 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 least fifteen (15%) percent but no more than thirty (30%) percent 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 orthe framework of any tree. 2. Pruning for Street Signs, Traffic Lights and Utility Lines WEST COASTARBORISTS, INC. Page 18 of 29 During the course of this Contract, the Contractor may be required to perform utility line, street sign and traffic light clearance in 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 worts 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 (9') 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: WEST COAST ARBORISTS, INC. Page 19 of 29 Palm Skinning - Dead fronds, and parts thereof, including stubs, 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 (1 %') 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 WEST COAST ARBORISTS, INC. Page 20 of 29 the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding 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. C. 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. 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. WEST COAST ARBORISTS, 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 (1 %z) inch diameter. Tree ties shall be placed at one-third ('/9) 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. 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 City 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 ARBORISTS, 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. B. 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 traffib 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 all traffic safety equipment for use. WEST COAST ARBORISTS, 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 all 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 Brush�pnd 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. 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 ARBORISTS, 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. 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. WEST COAST ARBORISTS, INC. Page 1 of 29 EXHIBIT B BID UNIT PRICES 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 for added or deleted 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. FUNCTION COST/UNIT 1. Regular Tree Planting (Including Tree, Material and Planting) $ _/ Tree 2. Regular Tree Removal (including Stump Grinding and Clean Up) $_/ Tree 3. Regular Tree Trimming $ / Tree 4. Regular Tree Maintenance Crew $ _/ Hour 5. Tree Reforestation (incl. removal and planting whenever applicable) $ ! Tree 6. Tree Injection $ / Tree 7. Emergency Crew Rental Rate $ _/ Hour 8. Root Pruning/ Root Barrier Installation (12" or 18" & bio -barrier) $ _/ Tree 9. Sidewalk Removal/ Replacement $ _/ Sq. Ft Jx COST PROPOSAL .The undersigned proposes to famish all materials, supplies, equipment and/or services set forth herein, subject to all conditions outlined in the RFP, atprices indicated below. All applicable services include cleanup and disposal Tree Pruaiae (by Grid) Price per tree to Prune by Grid $ 70.00 Grid tree pruning is based on tree pruning in pre -designed districts, or grids on a set cycle and includes all trees (small, medium and large-sized.) Trees are not excluded from the Grid. Tree Pruning (bv Block Price per tree to Prune by Block . $ 134.00 Block tree pruning- consists of pruning trees along a block segment or "nm" as designated by the City. This is different from "Grid Pruning" where all trees are prune (small, medimn and large-sized) within a grid or district. Aesthetic or Service Request Pnmine 0" - 6" Diameter Standard Height $ 49.00 7" - 12" Diameter Standard Height $ 94.00 13"- 18" Diameter Stendard.Height $ 144.00 19" - 24" Diameter Standard'Height $ 194.00 25-- 30" Diameter Standard Height $ 254.00 31" - 36" Diameter standard Height $ ' 294.00 36'+ Diameter Standard Height $ 294.00 Gown Raise/Clearance Prune Hardwood tree. 0" - 6" Diameter Standard Height $ 44.00 7-- 12" Diameter Standard Height $ 44.00 13" - 18" Diameter Standard Height $ 94.00 19" - 24" Diameter standard Height $ 94.00 25" - 30" Diameter Standard Height $ 124.00 31"- 36" Diameter standard Height $ 124.00 3611+ Diameter Standard Height $ 124.00 Palm Tree Mdounino; Page 29 Prone Date Paha (Phoenix spp.) $ 254.00 Clean Trunk for Date Palm (Phoenix spp.) per linear foot $ 40.00 Prune Fan Palm (Washingtoniaspp.) $ 70.00 Clean Trunk for Fan Palm (Washingtonia spp.) per linear foot $ 19.00 Prune all other Palm Species $ 70.00 Tree Removal—(per inch) ')Yee & Stamp removal per dia. inch 0-24" dbh $ 38.00 Tree & Stamp removal per dia. inch over 25" dbh $ 48.00 Stump grinding per stump diameter inch at grade $ 14.00 Tree Planting— (per tree) Tree planting includes tree, stakes, ties, and labor. 15 -gallon tree $ 164.00 24 -inch box tree $ 334.00 36 -inch box tree $ 854.00 Tree Watering (ver hour) Watering of young trees includes water truck & operator -per hour $ 88.00 Milling Cost— (perboard foot) Milling Lumber per Board Foot $ 14.00 Root Pinning— (ver linear foot) Per foot of roots premed $ 24.00 Root Barrier Installation— (per linear foot) Per foot of mot barrier installed $ 24.00 General LaborRates — (per man hour) 3 -mar crew with equipment $ 88.00 Day Rate Service Crew - finer man hour) Boom track per eight (8) hour day to include a chip body, low decibel chipper, 1 Sr. Tree Trimmer, 1 Trimmer & 1 Ground person $ 88.00 Specialty Emimaent Hourly Rate— (par hour Crane. $ 194.00 95 -foot aerial tower $ 174.00 Loader or Bobcat $ 144.00 Page30 Emereency Services — (ver hour) Emergency response services per man hour: Daring normal business hours (Mon -Fri lam to 4pm) $ 99.00 After hours, weekends Wor holidays $ 119.00 General Atborists Services — (ner hour) Unit Price in Figures Written Arborist Reports $ 144.00 Resitograph testing $ i 44M Ground Penetrating Radar $ 169.00 Air spade Services $ 169 AO Fumigation Services $ 169.00 Fertilization Services $ 144.00 Level 1,2 and 3 Risk Assessments $ 144.00 Soil Testing / Soil enhancements $ 144.00 Citywide tree risk survey (Per Tree) GPS Tree Inventory— (per 1000 tree sites) Cost per 1000 tree sites collected including vacant sites $ 3.000.00 PLANT HEALTH CARE SERVICES Tree Canopy Spraying from ground level per diameter inch $ 2.00 Tree Canopy Spraying from aerial towerper diameter inch $ 4.00 Description: Foliar hydraulic spraying of recommended material.) Insecticide or Fungicide Trunk Banding per diameter inch $ 5.00 Description: Trunk spray of recommended material PGR Trunk Banding per diameter inch $ 2.00 Description Trunk spray of recommended material to regulate plant growth: Insecticide or FOR Soil Application (Cambistat) per diameter inch $ 4.00 . Description: Recommended insecticide soil injection or drench material to regulate plant growth. Insecticide or Fungicide Soil Application per diameter inch Description: Soil applied drench of recommended material. Soil Injection Fertilization per diameter inch Description: Soil applied injection of recommended material. Soil Drenching Fertilization per diameter inch Description: Soil application of recommended material. Trunk Injection (InsecticidelMiticide) per diameter inch Description Trunk injected recommended material. Page 31 $1 2.00 $ 3.00 $ 5.00 Tank Injection (Fungicide) per diameter inch $ 4.00 Description: Thank injected recommended material. Think Infection (Insecticide & Fungicide Combo) per diameter inch $ 8.00 Description: Combination of one-time brink injection of two recommended materialg. Avermectin Class Insecticide Injection per diameter inch $ 6.00 Description: Recommended trunk injection of Fmuamectin benzoate active ingredient. Page 32