HomeMy WebLinkAboutContracts & Agreements_253-2020AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of city tree trimming and arboriculture services
(` Agreement") is made and entered in this 15th day of December, 2020 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City") and West Coast Arborist, Inc.
("Contractor"). City and Contractor are sometimes individually referred to herein as a `Party'
and, together, as the `Parties. In consideration of the mutual promises contained herein, City and
Contractor agree as follows:
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1 1 City hereby engages Contractor to perform tree trimming, removing, planting and
consulting services for City (the `Services").
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR
2.1 The Services that Contractor shall perform are more particularly described in Exhibit
A, titled `Scope of Services, which is attached hereto and incorporated herein by
reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations
in the performance of the Services including, but not limited, to all applicable Labor
Code and prevailing wage laws and non-discrimination laws, including the Americans
with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing
rates of per diem wages as determined by the Director of the California Department of
Industrial Relations for each craft, classification or type of worker needed to undertake
the Services are on file at City's Municipal Utilities and Engineering Department, located
at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands,
California 92373
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to
prevailing wages that City may enforce such provisions by withholding payments to
Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the
Services, Contractor shall comply with Labor Code sections 1775 and 1777 7 and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771
1775, 1776, 1777.5, 1813 and 1815 Contractor acknowledges that the statutory
provisions establishing penalties for failure to comply with state wage and hour laws and
to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775
and 1813.
1
L:\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement NPS 2.2.FY20-0060.doc.jn
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to
assign to City all rights, title and interest in and to all causes of action it may have under
section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter
2 (commencing with section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, goods or materials pursuant to this
Agreement.
ARTICLE 3 — RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may assist
Contractor in performing the Services.
3.2 City designates Chris Boatman, Facilities and Community Services Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services.
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform the Services on an `as -needed' basis in a prompt and diligent
manner in accordance with the specifications forth in Exhibit A, which is attached
hereto and incorporated herein by reference. The Services shall commence as of the
Effective Date of this Agreement.
4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date
of this Agreement (the `Initial Term"). The City shall have the option to extend the
Initial Term of this Agreement by two (2) additional one-year terms (each, an `Extended
Term"), on the same terms and conditions, by providing written notice to Contractor at
least thirty (30) days prior to the expiration of the initial Term or any Extended Term.
The Initial Term and the Extended Terms are hereby collectively referred to herein as the
`Term' of this Agreement.
ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor s performance of the Services shall not exceed the
amount of two hundred thousand dollars ($200,000) for the Services provided during the
Initial Tenn. Should this Agreement be extended, the compensation for Contractor's
performance for the Services shall not exceed the amount of two hundred thousand
dollars ($200,000) for the first Extended Term; and two hundred thousand dollars
2
L.\ca\djm\Agreements \West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060.doe.jn
($200,000) for the second Extended Term, bringing the total possible amount of
compensation to a not -to -exceed amount of six hundred thousand dollars ($600,000). For
the Initial Term and each Extended Term, City shall pay Contractor on a time and
materials basis up to the not to not -to -exceed amount in accordance with the rates
specified in Exhibit 'B, titled `Price and Fee Bid, which is attached hereto and
incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed
during the preceding month. Contractor's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom. City shall pay Contractor no later than thirty (30) days after receipt and
approval by City of Contractor's invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date
of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and fully prepaid to the appropriate address set forth below or such other
address as a Party may provide notice in accordance with this section:
City:
City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
(909) 798-7531
Contractor.
Patrick Mahoney President
West Coast Arborist, Inc.
21718 Walnut Avenue
Grand Terrace, CA 92313
pmahoney@wcainc.com
(714) 991 1900
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by
Contractor for the duration of its performance of the Services. Contractor shall not
perform any Services unless and until the required insurance listed below is obtained by
Contractor. Contractor shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services. Insurance policies
shall include a provision prohibiting cancellation or modification of the policy except
upon thirty (30) days prior written notice to City
A. Workers' Compensation and Employer s Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City or certification to
City that Contractor is self-insured or exempt from the workers' compensation laws
of the State of California. Contractor shall execute and provide City with Exhibit 'C,
titled `Workers' Compensation Insurance Certification, which is attached hereto and
incorporated herein by this reference, prior to performance of the Services.
3
L \ca\dim \ Agreements \West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060.doc.jn
B. Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required. City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C. Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability This coverage shall include all Contractor owned vehicles
used in connection with Contractor's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles. City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
6.2 Contractor shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability including
attorneys' fees, arising from injury or death to persons or damage to property occasioned
by any negligent act or omission by or the willful misconduct of, Contractor, or its
officers, employees and agents in performing the Services.
ARTICLE 7 — CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Contractor's Services. Contractor further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political
Reform Act because Contractor
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law.
(ii) issue, deny suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement;
(iii) authorize City to enter into, modify or renew a contract;
(iv) grant City approval to a contract that requires City approval and to which
City is a party or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item;
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially
4
L:\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.1W20-0060 doe.jn
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests,
Contractor shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
8.2 Contractor shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may in the sole
discretion of City results in City's immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any of its agents
shall have control over the conduct of Contractor or Contractor's employees, except as
herein set forth. Contractor shall supply all necessary tools and instrumentalities required
to perform the Services. Assigned personnel employed by Contractor are for its account
only and in no event shall Contractor or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City Contractor
shall have no authority express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Contractor have any authority express or implied, to
bind City to any obligation.
8.4 This Agreement may be terminated by City in its sole discretion, by providing not less
than five (5) days prior written notice to Contractor of City's intent to terminate. If this
Agreement is terminated by City an adjustment to Contractor s compensation shall be
made, but (i) no amount shall be allowed for anticipated profit or unperformed Services,
and (ii) any payment due Contractor at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Contractor. Upon
receipt of a termination notice, Contractor shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Contractor in performing the Services. Contractor shall be compensated
on a pro -rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
5
L:\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2 FY20-0060.doc jn
years, or for any longer period required by law, from the date of final payment to
Contractor pursuant to this Agreement Such books shall be available at reasonable times
for examination by City at the office of Contractor
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor
8 7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have
signed in confirmation of this Agreement
CITY
ANDS
WEST COAT ARBORISTS, INC
By
ayor, City of Redlands Patrick Mahoney, Presiden
Paul T. Bar-ich
ATTEST
anne Donaldson, City Clerk
6
L Ica\djm\Agreements\West Coast Arborist Tree Tnm Agreement.NPS 2.2.FY20 0060.doc.jn
EXHIBIT "A"
SCOPE OF SERVICES
It shall be understood that the Contractor will be required to perforin and complete the proposed
landscape and/or 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.
A. Annual Pruning Program
The Contractor shall assist the City with developing a recommended annual pruning program including
personnel and vehicles that would be required to complete the project. Prior to beginning the work, the
Contractor shall review with the FCS Director or Superintendent the various methods, tools, and work
scheduling to be used on the project. 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.
Prior to beginning the work, the Contractor shall review with the Director or Superintendent, various
methods, tools, and work scheduling to be used for the project.
Pruning will include structural pruning, crown rising, 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) 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. unless otherwise permitted by FCS Director or Superintendent
(c) Contractor shall notify the resident twenty-four (24) hours in advance of scheduled pruning.
(d) Contractor shall provide and post 'No Parking' signs twenty-four (24) hours in advance of the
work.
(e) 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. Work shall be performed by competent employees and supervised by an experienced
supervisor that can effectively and clearly communicate with the public and City Staff. 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.
(0 Contractor shall exercise precautions as necessary when working adjacent to aerial and
subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's
personnel or others near the work site, work is to immediately cease and the appropriate utility
company notified. Work shall then commence in accordance with instructions from the utility
company In the event that work causes excavation, the City is responsible for properly marking
7
L.\ca\djm\Agreements \West Coast Arborist Tree Trim Agreement NPS 2.2.FY20-0060,doc jn
the location and the Contractor is responsible for appropriate notification of Underground Service
Alert (USA).
(g) No hooks, gaffs, spurs or climbers will be used for anything other than removals unless otherwise
permitted by FCS Director or Superintendent
(h) Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to
promote fast callous growth.
(i) When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be
cleaned after each cut with a ten (10) percent chlorine bleach solution and between trees where
there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily
0) Topping shall not be performed unless otherwise permitted by FCS Director or Superintendent
(k) The specific techniques employed shall be consistent with industry practice for the size and
species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall
be removed at the trunk or main branch. All cuts shall be made sufficiently close, % inch, to the
parent stem so that healing can readily start under normal conditions. All limbs 2' or greater shall
be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at
the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in
the general outline of the tree. Tree foliage shall be reduced by at least fifteen (15%) percent but
no more than thirty (30%) percent.
(1) Trim to remove dead wood or weak, diseased, insect -infested, broken, low or crossing limbs.
Branches with an extremely narrow angle of attachment should normally be removed.
(m) Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from
which they arise.
(n) Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding
over, or stubbing shall not be an accepted practice for reducing the size or the framework of any
tree unless otherwise permitted by FCS Director or Superintendent.
B. Traffic Clearance Pruning
Tree pruning for traffic clearances shall provide clearances of at least thirteen (14') feet and no greater
than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway Clearance for
pedestrians on sidewalks shall be 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 Operations Manager and conform to the following:
(a) The minimum clearance under trees within the street right-of-way shall be thirteen (14') feet over
the traveled road and gutter pan, and nine feet (8') over 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.
8
L.\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement NPS 2.2.FY20-0060.doc.jn
(b) Cut to laterals 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 limb back to a lateral which is no less than 1/3
of the diameter of the portion of the limb being removed.
(c)
When cutting back, avoid cutting back to water sprouts. Remove smaller limbs and twigs in such
a manner as to leave the foliage pattern evenly distributed.
(d) Do not `lions tail' limb.
C. Line Clearance Pruning
During the course of this contract the Contractor may be required to perform utility line 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 competency of Contractor's personnel shall be maintained through regular training. All persons
performing tree work on City trees in or around primary electrical lines shall be trained to do so in
accordance with the `Electrical Safety Orders' of the State of California.
D. Palm Tree Pruning
Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation
from the trunks of all palms listed in the Contract Documents Special Provisions in a manner selected by
the Contractor and approved by the Director or Superintendent, and in accordance with the following:
(a) The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited,
unless specifically approved by the Director or Superintendent. The Contractor shall be required
to use an aerial tower with sufficient height to reach the crown for the purpose of pruning City
palm trees. Trimming of palm trees shall consist of removing all dead palm fronds and hanging
`skirt' Live fronds shall be removed to leave no less than a 60 degree angle from trunk center to
live frond crown.
(b) Palm Skinning (additional service & cost) Dead fronds, and parts thereof, including stubs, can
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.
E. Tree Removal
Director or Superintendent will notify contractor in writing or work order of tree(s) to be removed by way
of tree ID number and/or a single white paint dot on the trunk of tree(s) to be removed. Contractor will
post 'No Parking' signage, will contact Underground Service Alert (USA) and prepares an internal work
order. Contract crew removes trees and hauls all debris. Crew grinds stumps to a depth of eighteen (18")
inches or until sufficient to ensure root ball is removed and all deep roots are no longer encountered. All
holes will be backfilled; as well as all debris cleaned up and hauled away Contractor must take measures
to protect all public and private property within the fall out zone when stump grinder machinery is
utilized. 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 Director or
Superintendent shall make the final determination to remove or provide public noticing for removal at a
9
L.\ca\dim\Agreements\West Coast Arborist Tree Trim Ag,eement.NPS 2.2.FY20-0060.doc.jn
later date Removals shall be conducted in a manner that is in accordance with the standards of the
arboricultural profession.
All wood from removed trees is the property of the contractor and shall be disposed of daily No wood
shall be left along public right-of-way unless approved by the Director or 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 trapped, 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 Contractor shall be responsible for marking trees so that they are easily identifiable by Underground
Service Alert. The Contractor shall be required to call Underground Alert at least 2 days 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 root ball is removed and all deep roots are no longer encountered. The
Contractor shall grind the stump to a minimum distance of one and a half (1 V2') feet on either side of the
outer circumference of the stump, or until surface roots are no longer encountered.
In public right of way (parkway) areas within the vicinity of public sidewalk/walking paths, stumps shall
be cut as close as possible to surrounding ground elevation. This may be accomplished by cutting the
stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes
created by stump and root grinding must be filled the same day The stump grinding chips and spoils may
be used to fill the hole to two (2") inches above abutting ground level. All excess grinding debris shall be
removed and loaded into transport vehicle for disposal. Any damage to concrete surfaces, as a result of
tree work, shall be restored to their original condition by contractor
F. Tree Planting
Planting includes the tree(s), lodge poles, ties, trunk guard and complete installation as well as watering
for ninety (90) calendar days. Contractor will guarantee the quality of the tree stock and the workmanship
for one (1) year from install date.
(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 provide a list/map of planting locations. Contractor shall be responsible for marking
locations and notifying Underground Service Alert (USA) prior to planting. Trees shall be planted
per the City's standard spacing of forty feet (40') from center of trunk to center of trunk. Any
deviation of this must be cleared by FCS Director or Superintendent.
Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the
tree in the planting pit the Contractor shall examine root ball for any pre-existing damage or
problems with roots and tree 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.
(c)
(d) Tree shall be placed in the planting pit with its original growing level (the truck flare) at the same
height of the surrounding finish grade. In grass -covered parkways, the top of the root ball shall be
level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be
three (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's put into the hole.
10
L.\ca\dim\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2 FY20-0060.doc.jn
(I) 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 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.
(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 V2") inch diameter. Tree ties shall
be placed at one third (1/3) and two-thirds (2/3) of the trunk height and installed in a figure 8
pattern form trunk to stake. Stakes shall not penetrate the root ball and shall be driven into the
ground approximately twenty-four to thirty (24' 30") inches below grade.
(h) Trunk protectors such as Arbor -Guards or an approved equal shall be placed at the base of the
trunk of all new trees immediately after planting.
(i)
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 twelve (12") inches in depth and at a length determined by the City
and placed in a circular fashion surrounding the trees' root system. Root barriers are an
additional service and cost.
(j) Contractor shall clean up all trash and any soil or dirt spilled on any paved surface at the end of
each planting location and episode.
(k) All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock
as described in the ANSI Z-60.1 Standards. Trees shall be free from pests, disease and structural
defects.
G. 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. 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.
H. 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 FCS Director, Superintendent
or authorized representative. Emergency work shall begin within two (2) hours of the initial telephone
call.
The Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the
names of at least ten (10) 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.
The Contractor shall be required to provide all necessary traffic control during the course of emergency
work complying with the most recent version of the MUTCD manual. Should the work involve any high
11
L:\caAm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060 doe.jn
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.
I. Tree Watering
Watering is performed by a one man crew with a water truck who will water various routes including
landscape median and young trees that are three (3) years old and younger
J. 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
K. Arborist Services
On occasion, the City requires tree evaluations including written reports from an outside Certified
Arborist. The vendor 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.
L. Tree Inventory
The Contractor will provide the City access to a record keeping system consisting of an Internet -based
software program. The program shall have the capability to produce detailed listings of tree and site
information, work histories, service requests, summary reports and pictures of City tree species. The
Contractor shall provide software support to the City for the entire term of the contract.
The Contractor shall provide the City with recommendations for tree maintenance, recommended planting
locations, and recommended removals. Attributes to be collected by field personnel may include Address,
Street, Facility Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and
parkway size and type.
M. Traffic Control
Contractor shall conform to all City Traffic Safety as well as the most current edition of the MUTCD
Manual requirements and operating rules at all times while this contract is in effect. The Contractor shall
employee staff certified as Traffic Control Design Specialist and Traffic Control Technicians in
accordance with the American Traffic Safety Services Association (ATSSA).
Contractor will be responsible for supplying and using all safety equipment necessary to close or
delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary
The City prior to use, must approve all traffic safety equipment for use.
Electronic sign boards, sign stands, delineators and/or cones shall be used to identify work site for
vehicular and pedestrian safety In the event of night time work, lighted barricades and 26' double
reflective cones will be required on work site.
12
L:\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060 doc.jn
N. Public Notice of Tree Pruning Operations
Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at
least twenty- four (24) hours prior to the work being performed. Notifications shall be made in the form
of 'No Parking' signs or door hangers.
O. Clean -Up
Contractor shall clean all job sites daily when work is completed, including the raking of leaves, twigs,
etc. from the lawns, sidewalks and parkways and the sweeping of streets and gutters.
Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any
brush, leaves, debris or equipment be left on the street overnight, unless given special permission by FCS
Director or Superintendent. Contractor's equipment may be stored overnight, with advance approval by
Director or Superintendent, in the City yards; however the City will not be responsible for security of
Contractor's equipment.
Brush and debris shall be removed daily sidewalks swept, lawns and parkways raked out and gutters
cleaned.
The Director or Superintendent or authorized representative shall be the sole judge as to the adequacy of
the clean-up.
P Debris Disposal
All tree branches produced as a result of the Contractor's operations under this contract will be reduced,
reused, recycled, and/or transformed. The City will receive access to their Green waste Recycling report
detailing the amount of debris recycled and the location. This report is to be used for compliance with
Assembly Bill 939
(a) Green waste that is transported to an offsite facility for grinding into mulch shall be documented
in a Green Waste Report and made available to the Director or Superintendent on a monthly
basis.
(b) At the direction of the Director or Superintendent, wood waste generated from tree removals shall
be chipped into pure wood chips with an even uniform size and then dumped in specified
locations in the City
Q. Parking
Upon request form Contractor, the City of Redlands will make every attempt to identify a suitable space
for parking of vehicles and equipment for the purpose of this contract. The vendor will hold the City of
Redlands harmless and release the City of liability as a result of theft or vandalism. Should a site not be
available, then the vendor may park on City right-of-way near the project area(s).
R. Invoices
Contractor shall be required to submit invoices on a monthly basis. Invoice fonnat shall include but not
be limited to a list of each street that tree maintenance operations took place, the address of each
individual tree, the species and its 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.
13
L \ca\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060 doc.jn
S. Inspections
The Director or Superintendent or 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.
T Inventory Contract Management & Data Collection
The Contractor will manage the entire inventory project and will not use subcontractors. The project shall
include field data collection, data entry supply of the computer software, and training of City employees
on the use of the system, future technical maintenance and support and as an option, conversion of the
existing database. The Contractor, upon award of contract should be prepared to perform the following:
• Obtain all required insurance as specified in the RFB.
• Obtain any and all Business Licenses and/or permits.
• Execute a Contract for the Inventory of City trees.
a. Prior to Commencement of Work
i. Conduct a Pre job meeting with Director or Superintendent to discuss the City's
criteria with regards to all tree attributes to be collected, scheduling and location
of fieldwork.
ii. The City has been divided into Tree Districts for more efficient management of
data collection. For the purpose of completing the City's tree inventory the City
will try to provide copies of the following:
o City Maps with Street Tree Districts
o Easement Maps including CFD and LMD areas
o Grid Maps
o Street Tree Master Plan with Tree Palette
o Tree Ordinance
o Additional information pertaining to City trees
o Tree Maintenance Schedule
o Information pertaining to City's GIS system
o Street Listing on diskette in database or ASCI format
iii. Attributes to be collected by field personnel may include, but is not limited to:
1 Tree Number/position
2. City Tree District
3. Park name
4. Facility name
5. Location by street address
6. Location by GPS
7 Species by botanical name & common name
8. Tree diameter at standard height (DSH)
9 Canopy spread
10. Overall tree height
11 Current status
12. Noticeable disease/ailment
13. Tree structure
14
L:\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060.doe.jn
14 Recommended Maintenance
15. Existing overhead Utilities
16. Parkway Size
17 Parkway Type
U. Tree Inventory Data Management
• Data will be post -processed to establish sub -meter accuracy of points (only if GPS).
• Tree inventory will be installed into a computer software program developed by contractor for
long-term management of the Urban Forest. (Optional) The inventory program will link with the
City's ArcView system for GIS capabilities.
• Provide the City with Global Positioning Satellite (GPS) coordinates for each City tree
inventoried. Using a handheld computer and a backpack GPS receiver, the inventory collector
will identify the trees by their global coordinates of longitude and latitude, within one meter. By
collecting the data using the GPS system, the City can consolidate the tree data with other various
GPS coded programs in the City
• Provide monthly progress reports in the form of SHP files (shape file). The City will be able to
review the data collected and the dots plotted on the maps.
• The City expects the inventory to be completed, delivered, and installed within 3 months, or
sooner, from the `Notice to Proceed. In order to complete this project within 6 months.
V Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery
procedures as may be requested by the City The Contractor shall provide complete support, rapidly with
experienced staff available to the City during the hours of 7:00 A.M. to 5:00 P.M. Monday through
Friday The Contractor shall be readily available by telephone, email or may respond to the City's
location within a timely manner
MINIMUM REQUIREMENTS FOR TREE TRIMMIMG AND ARBORICULTURE SERVICES
A. GPS Tree Inventory
The Contractor shall create a GPS tree inventory using the City's standardized addressing system (trees
will use the site address and shall utilize a numbering system where multiple trees, located at the same
address, will be numbered in an ascending manner which corresponds with the ascending street
addresses) for all parks and open space areas. This includes, but is not limited to, all trees within City of
Redlands easement on public streets, parks, State property where a maintenance agreement exists, City
facilities and open spaces such as medians, LMDs, CFDs, greenscapes, etc. The Contractor shall be
required to create an ESRI ArcView/ArcGIS compatible SHP file (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 hardscapes, etc.) Minimum accuracy shall be not more than
one (1) meter. The collected inventory shall be on software that is available for City access on
desktop/laptop computers. Bidder must supply an online database as well as a mobile app available on
either an Android or iPhone platform which shall operate on a variety of applicable hand held devices.
The Contractor will manage the entire inventory project and will not use subcontractors. 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 and as an option, conversion of the
existing database.
The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery
procedures as may be requested by the City The Contractor shall provide complete support with
15
L:\ea\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2 FY20-0060.doc.tn
experienced staff available to the City during the hours of 7:00 A.M. to 5:00 P.M. Monday through
Friday The Contractor shall be readily available by telephone, email or may respond to the City's
location within a timely manner.
B. Inventory Data Collection
• (Mandatory) Provide a comprehensive tree inventory of the current status of all existing tree sites
(e.g. vacant sites, stumps, new sites, etc.) by an ISA Certified Tree Worker and provide a
comprehensive tree data collection report upon approval of agreement and Notice to Proceed
(NTP).
• Attributes to be collected by field personnel include District (area number or name), possibly a
sub area, species identification, height, canopy spread, DSH (diameter at standard height) and
condition evaluation.
• Have an ISA Certified Worker of greater, perform tree data collection and provide an extensive
tree evaluation.
• Attributes to be collected by field personnel include Tree District (area number or name),
possibly a sub area, species identification, size (DSH) and condition evaluation.
• Provide the City with Global Positioning System (GPS) coordinates for each tree inventoried. The
information collected can be linked directly to a Geographical Information System (GIS)
program, such as ArcView Using a handheld computer and a backpack GPS receiver, the
inventory collector will identify the trees by their global coordinates of longitude and latitude.
• By collecting the data using the GPS system, the City can consolidate the tree data with other
various GPS coded programs.
• At the end of the project, the City will receive a complete listing of all sites inventoried, both in
hard copy and in a software program, which will enable the City to connect the inventory to the
GIS program and create various frequency reports.
• The collected inventory shall be on software that is available for City access on desktop/laptop
computers. Bidder must supply an online database as well as a mobile app available on either an
Android or iPhone platform which shall operate on a variety of applicable hand held devices.
C. Computer Software Capabilities
• Have software capable of producing reports that can be exported to Microsoft Excel for graphic
output for the purpose of displaying the data.
Capability of linking to ArcView GIS version 3.2 with automatic data export.
• The software can also link to separate databases containing work history work requests, etc.
• Bidder must supply an online database as well as a mobile app available on either an Android or
iPhone platform which shall operate on a variety of applicable hand held devices.
• The database shall be capable of managing an unlimited number of records and have the capacity
of adding additional tree sites should The City desire to input them.
• It allows the tracking of all maintenance performed by City field crews and/or by contractors.
• Inquiries can be made by one field or a combination of fields.
D. Mobile Software Application Capabilities
• The City is asking for a field-based management of customer inventories and associated work
records that is supported by a wide variety of handheld devices.
• With this app, the customer (The City of Redlands) shall have the ability to access and
manipulate their entire GPS -based inventory in satellite, roadmap, and textual views with great
accuracy Users shall be able to view site specific information and/or detailed work history Users
shall also have the ability to create and send work requests straight from the field.
16
L.\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2 FY20-0060.doc.jn
• As work is completed both inventory and work history records are updated to this app so
information is live and up-to-date the moment a WiFi connection is available. City employees
with access will have the ability to update sites as well so that any work performed by in house
city crew(s) will be input into the site history as well. Information that has already been
downloaded to the device shall be available even without Internet connection.
E. Mobile Device Software Requirements:
Android 9 or higher or iOS 13 or higher
Google Play Services
F. Recommended Hardware
Samsung Galaxy S7 or iPhone 8 or higher
Samsung Galaxy Tablet or iPad tablet
17
L.\ca\djm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2 FY20-0060.doc.jn
EXHIBIT "B"
"PRICE AND FEE BID"
A. Tree
Trimming
A DESCRIPTION
C. UNIT COST PER
TREE
1
Tree Trimming on a Scattered basis
a
Tree Trimming, 0-30 trees per month
$150 00 p/tree
2
Tree Trimming on a Grid basis all trees except Palm trees
a
Tree Trimming, 30 + trees per month
$83 00 p/tree
B Palm
Trimming
A. DESCRIPTION
C UNIT COST PER
TREE
3
Palm Tree Trimming on a Scattered basis
a
Queen palm
$83 00 p/tree
b
Washingtonia palm filifera
$193 00 p/tree
c
Washingtonia palm robusta
$150 00 p/tree
d
Canary Island Date Palm
$193 00 p/tree
4
Palm Tree Trimming on a Grid basis
a
Queen palm
$53 00 p/tree
b
Washingtonia palm filifera
$123 00 p/tree
c
Washingtonia palm robusta
$73 00 pltree
d
Canary Island Date Palm
$143 00 p/tree
C Tree
Removal
A. DESCRIPTION
C UNIT COST PER
INCH
5
Tree removal
a
Tree and stump removal 0-20"
$45 00 p/inch
b
Tree and stump removal 20"+
$45 00 p/inch
c
Tree removal only 0-20"
$40 00 p/inch
d
Tree removal only 20"+
$40 00 p/inch
e
Stump only removal 0-20"
$20 00 pinch
f
Stump only removal 20"+
$20 00 p/inch
18
L IcaldjmlAgreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060_doe jn
EXHIBIT "B"
"PRICE AND FEE BID"
D. Root
Pruning
A DESCRIPTION
C. UNIT COST PER
FOOT
6
Root pruning per foot
$12 00 p/foot
E. Addt'I
Work
A. DESCRIPTION
C. UNIT PRICE
7
Tree Planting (includes labor, tree & 90 -day watering)
a
15 gallon tree
$190 00 pltree
b
24 inch box tree
$330 00 p/tree
c
36 inch box tree
$850 00 pltree
8
Crew Rental
a
3 -man crew w/equip, minimum 2 hours
$240 00 p/hr
b
2 -man crew w/equip, minimum 2 hours
$160 00 p/hr
c
1 -man crew w/equip, minimum 2 hours
$80 00 p/hr
9
Add-on Specialty Equipment minimum 2 hours, Mon -Sat 7
$93 00 p/hr
am -5pm
10
Emergency Response 3 -man crew with equipment
(Holidays, Sunday's & after hours)
$300 00 p/hr
11
Tree Inventory Updates/Additions Update existing site info,
Add new trees/new vacant sites (see Min Requirements "B"
first bullet point )
$1 95 p/site
12
Arborist Consulting Service
$150 00
19
1. lealdimlAgreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20 0060.docjn
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer m a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
lI am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, 1 shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California. However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
WEST COAS ' ' : ORIST,
By.
Patrick ` ahoney, President
Date 2-
20 20
L.lcaldjm\Agreements\West Coast Arborist Tree Trim Agreement.NPS 2.2.FY20-0060.doc.jn