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18-0515_WEST COAST ARBORISTS, INC._E12_Agenda ReportTO : FROM : City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council ~njamin Siegel, City Manager SUBMITTED BY : Steve May, Public Works and Utilities Director _Lf(M._ PREPARED BY: Tom Toman, Assistant Public Works Director DATE: May 15, 2018 5/15/2018 E12 SUBJECT: Approval of Amendment No. 1 to Maintenance Service Agreement for Tree Trimming and Maintenance Services (West Coast Arborists Inc.) RECOMMENDATION : Approve and authorize the City Manager to execute Amendment No. 1 to the Maintenance Service Agreement with West Coast Arborists Inc., for performance of tree trimming and maintenance services for a two-year period beginning July 1, 2018, and ending June 30, 2020, for an amount not-to-exceed $270,000 per fiscal year. EXECUTIVE SUMMARY: The Maintenance Services Agreement between the City and West Coast Arborists Inc. (WCA) dated May 3, 2016, expires on June 30, 2018 (Attachment 1 ). Provisions of the Agreement noted in subsection 3.1.2 provide for up to two (2) two-year optional renewals based on satisfactory performance of the Contractor. Pursuant to these terms of the Agreement, staff recommends extending the Agreement for an additional two-year term beginning July 1·, 2018, and expiring on June 30, 2020. The new term will continue with new rates of compensation adjusted and increased by 2.65% based on the All Urban Consumer Price Index (AU-CPI) as provided for in the Agreement. All other terms and conditions in the Agreement will remain unchanged. DISCUSSION/ANALYSIS : WCA is the City's current tree trimming and maintenance contractor anq is based in Anaheim, CA. They have provided excellent tree trimming and maintenance services to the City for the past 19 years. Services include the following: grid pruning, tree trimming, tree removals, new plantings, and professional arborist and horticultural services. WCA has contracts with over 150 California municipalities and has an outstanding reputation City Council Agenda Report May 15, 2018 Page 2 of 2 within the industry. Additionally, WCA provides City staff with unlimited access (and software support) for their Arbor Access tree maintenance and inventory software which is an important tool for managing City-maintained trees in an efficient and healthy manner. FISCAL IMPACT : The proposed Amendment No. 1 to the Maintenance Service Agreement with WCA represents a 2.65% cost increase over the current tree maintenance agreement. The increase was anticipated in the proposed Fiscal Year 2018-2019 and 2019-2020 operating budget. A not-to-exceed amount of $270,000 includes a 5% contingency to provide for additional work should it arise. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the recommended actions are exempt from CEQA per Section 15061 (b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Approving an Amendment to the Maintenance Service Agreement with WCA for performance of tree maintenance services would not be an activity with potential to cause significant effect on the environment and therefore is exempt from CEQA. CITY COUNCIL REVIEW: On May 3, 2016, the City Council adopted a resolution waiving the formal request-for- proposal process and authorizing a "piggyback" procurement based on a recent competitive procurement process by the City of Laguna Niguel, and approved a two year Maintenance Services Agreement with West Coast Arborists Inc. The Agreement included provisions for two, two-year extensions. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review . NOTIFICATION: West Coast Arborists Inc. ATTACHMENTS : Attachment 1: Maintenance Service Agreement (2016 -WCA) Attachment 2: Proposal Amendment CITY OF SAN JUAN CAPISTRANO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made llltd entered into this ~d day of \\ i flO I , 2016 by and between the City of San Juan Capistrano, a municipa corporation org~ the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and West Coast Arborists, Inc., a corporation, with its principal place of business at 2200 E. Via Burton, Anaheim, CA 92806 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance 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 and related professional services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform · the Services in the State of California, and that is familiar with the plans of City. 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. 2.2 Project. City desires to engage Contractor to render such services to provide professional tree maintenance services at various locations throughout the City ("Project") as set forth in this Agreement. 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 the professional tree maintenance services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All references in this Agreement, including all attachments hereto, to the "City of Laguna Niguel" shall be understood to mean the "City of San Juan Capistrano." All Services shall be subject to, and performed in accordance 61147.02100124512987.4 1 Attachment 1, Page 1 of 70 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 :Thrm· The term of this Agreement shall be from July 1, 2016 to June 30, 2018, unless earlier terminated as provided herein. The City may, in its sole discretion, exercise its right to renew this Agreement for two (2) additional two (2) year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 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 in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the 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 City's Representative. The City hereby designates the Director of Public Works and Utilities, or his or her designee, to act as its representative for the performance ofthis Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Pat Mahoney, President, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full 61147.02100\24512987.4 2 Attachment 1, Page 2 of 70 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. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3 .2.7 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 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 Project, 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 from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3 .2.8 Period of Performance. Contractor shall perform and complete all Services under tlus Agreement within the term set forth in Section 3 .1.2 above ("Performance Time"). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3 .2.9 Disputes. Should any dispute arise respecting the 1rue value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided bylaw. 3.2.10 Laws and Regulations; Employee/Labor Certifications. 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 of the Project or the Services, including all 61147.02100\24512987.4 3 Attachment 1, Page 3 of 70 Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, 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. 3.2.10.1 Employment Eligibility: Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.1 0 or any of its sub-sections. 3 .2.1 0.2 Employment Eligibility; Subcontractors, Sub- subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants perfo:cming any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3 .2.1 0.1. 3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such 61147.02100\24512987.4 4 Attachment 1, Page 4 of 70 requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.1 0.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability for Workers' 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. 3.2.10.5 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. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to ''portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance; To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000~14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of 6114 7.02100\24512987.4 5 Attachment 1 , Page 5 of 70 Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training: In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 3 .2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3 .2.11.2 Minimwn Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope oflnsurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to tbis Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's 61147.02100\24512987.4 6 Attachment 1, Page 6 of 70 Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in this Agreement. (C) Notices: Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (1 0) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3 .2.11.3 Inst.lrance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Juan Capistrano, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3 .2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). 61147.02100\24512987.4 7 Attachment 1, Page 7 of 70 (B) Automobile Uabilitv. The automobile liability policy shall include or be endorsed (amende d) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3 .2.11.3 (B). (C) Workers' Compensation and Employer's Liabilitv Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Co v erages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. (E) Umbrella/Excess Liabilily Pollcies. . If wnbrdla or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a "follow form" endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. 3 .2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 6114-7.02100\24512987.4 8 Attachment 1 , Page 8 of 70 3 .2.11.5 Deductibles and Self-Insurance Retentions ~ Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment oflosses and related investigation costs, claims and administrative and defense expenses. 3 .2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3 .2.11. 7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certi:fied copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3 .2.13 RESERVED 61147.02100\24512987.4 9 Attachment 1 , Page 9 of 70 3 .2.14 Accounting Records. 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 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. 3.3 Fees and Payments. 3.3.1 Com-pensation. 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 $260,000 per fiscal year, payable at the rates as set forth in Exhibit B, attached and incorporated herein by reference. Renewal term extensions, if exercised, may be subject to an adjustment equal to the All Urban Consumer Price Index (CPI-U) two year average, October to October. Extra Work may be authorized, as descn"bed below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 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 Project, but which the parties did not reasonably anticipate would 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 gm., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since 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, and shall post copies at the Contractor's 61147.02100\24S12987.4 Attachment 1, Page 1 0 of 70 principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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. 3.3.6 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance, project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractor. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. 3.4 Termination of Agreement. 3 .4.1 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: at least seven (7) days 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. 3.4.2 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. 3.4.3 Additional Services. In the event this Agreement is temrinated in whole or in part as provided herein, City may procure, upon snch terms anrl in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 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: 61147.02100\24512987.4 Contractor. City: West Coast Arborists, Inc. 2200 E. Via Burton Anaheim, CA 82806 ATTENTION: Patrick Mahoney City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 11 Attachment 1 , Page 11 of 70 Attn: Director of Public Works and Utilities 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. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractors Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 3.5.2.2 Additional .Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Contractor shall reimburse City and its 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 survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California Venue shall be in Orange County, California In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, 61147.02100\24512987.4 12 Attachment 1 , Page 12 of 70 and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 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. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its 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 .9 Amendment Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 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. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 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. 61147.02100\24512987.4 13 Attachment 1, Page 13 of 70 3.5 .13 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 subcontractors 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. 3.5.14 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. 3.5.15 Attorneys' Fees and Casts. If any action in law or equity, includ:jng an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in an amount determined to be reasonable by a court of competent jurisdiction. 3.5.16 Authority to Enter Agreement. Cont;ractor 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 thls Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.17 Cmmternarts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5 .18 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. [SIGNATURES ON NEXT PAGE] 61147.02100\24512987.4 14 Attachment 1 , Page 14 of 70 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY 01' SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. ~I WITNESS WHEREOF, the Parties have enteled into this Agreement as of the '!;<0. day of May, 2016. CITY OF SAN JUAN CAPISTRANO WEST COAST ARBORISTS, INC. Approved By: SlgnatuM Name Title ( Date ~2 C ttomey 61141.02100\24512.911.4 lS Attachment 1, Page 15 of 70 ~GNATUREPAGEFOR~NANCESERVICESAGREEMENT BETWEEN 'l'BE CITY OF SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. IN Wl'INESS WHEREOF, the Parties havo entered into this Agreement as of the ____ day ofMay, 2016. CITY OF SAN JUAN CAPISTRANO Approved By: Ben Siegel, City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney 6Jl47.02100\24Sl2987.4 15 RISTS, INC. President Title 4-12-2016 Date Attachment 1, Page 16 of 70 ~, tl '"'" . : ·. ·J . ' "·· ·~ ·.• ·- .· ~. ' .• ••r'· .. .. tn147,g210012451298'7.4 ... ~ EXHIBIT "A" S.COPE OF SERVICES .· · .. ... -;·- ·'!- ' ........... ·:...::~ -. .. ~ .. .. ... Attachment 1 , Page 17 of 70 • > •. . ·. •' TECHNICAL SPECIFICATIONS TREE MAINTENANCE SERVICES SCOPE OF SERVICES The ~~tor shall provide the following services and meet the following specifications: I. Required Qu:a.Ufic.ations a. Contractor must hold a valid State of California Contractor's License Class C-27, C-61 or D-49 in good standing. b, Contractor must have an English speaking employee with field crews at all times. c. Contr'actor must have satisfactorily completed at least five (5) separate and individual Southern California municipal tree maintenance projects in the last five (5) years. d-Commcti:>t mUBt: submit a Quality Control plan at time of Proposal sub~sion and comply with this Quality Control throughout the term of the contract. Plan must include International Society of Arborist (!SA) pertified staff and their training; in addition, proposed supervision and inspection. of work Also, the ability to provide an e~ and efficient means of idtmtifying and coxrecting problems for all op8(8.tions throughout the term of this project. e. CQntractor must submit annually, prior to contract execution and/or contract renewal, current OSHA certification of all aerial devices and the most recent California Highway Patrol Commercial Vebicle Inspection report for equipment to be used for this project 2. l.engtiH(CaatFaet · ~C91 A P fl L. 1 c..A;~ t....42- ...._ 'I!he-inft\!'l:.Jen'gth--o-f-this-~.gre;eoner¢-·shalHe-from-4&date-o~~ ~t . ll9~GRIJ. ·~~&-yeal'-b~W9t 1!¥ th-e Ce~~ ~t&ythe~?prla~ a1 WI~tract e~~~D: A-1 Attachment 1 , Page 18 of 70 3. Services to be Prro"'dded a. Contractor shall furnish all labor, equipment, materials and supervision to perform maintenance services for City trees as described herein including, but not limited to, the following: 1. Tree Pruning · 2. Tree Removal 3. Stump Removal 4. RootPnnring 5. Tree Planting 6. Tree Staking 7. Removal ofHazaxdous Branches 8. Removal of tree debris and/or tree trimmings 9. Worksite Cleanup 10. Repair ofDamaged Sprinklers 11. Repair or Replacement ofDamaged Fences or Walls 12. .Soil Replacement 13. Damaged Tree and /or Shrub Replacement 14. Collection of Tree Inventory Data 15. Distribution of No Parking Signs and Door hangers 16. Contact with the Public 17. Employee Uniforms with Company Logo or Designation 18. Vehicles and Equipment with Company Logos or Designation. 19. Traffic Control. 20. Other Services Set Forth in this Agreement b. All work shall confonn to the latest edition of Pruning Standards of the Western Chapter ISA and these specifications. In all cases the Director of Public Works, or his designee, shall have complete and sole discretion in determining confoonance and acceptability of the trees trimmed by the contractor. Trimmed trees rejected by the Director, or his designated representative(s), shall be excluded from payment c. Contractor shall have the duty to provide services for City trees as assigned. d. Contractors shall be available 24 hours per day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. e. Contractor lias the dutY to familiarize-and fuiiY.-acquaiiithimselflherself Willi the --- conditions and possible difficulties associated with. the petfox:mance of the contract. Contractor shall be responsible for carefully verifying the number of trees, tree varieties, and tree locations for any proposed work. f. No additional compensation or relief from any obligation of the contract will be granted because of lack of knowled,ge of the site and /or conditions under which work will be ~complished. A-2 Attachment 1, Page 19 of 70 4. Areas to be Maintained a . Worksites will include City trees within the Public right-of-way. Worksites will also include Parks, or other areas where trees are under the jurisdiction of the City of Laguna Niguel. b, Trees to be serviced will be provided on a monthly basis and may consist of individual trees located throughout the City. c. It shoul9 be understood that this project is not solely "section'' or "block" type tree trimming. 5. Definitions a. Where "as directed", "as required", "as permitted", "approved", "acceptance", or words of similar importance are used, it shall be understood that the direction, requirement, permission. approval or acceptance of the Public Worlcs Director is :intended unless otherwise stated. As used herein, "provide" shall be understood to mean "provide complete", "in place", "this is", "furnish and install"; the work 11 site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word 11Director" shall be construed to mean the Director of Public Works, or his delegated representative(s). The use of the word "Con1ractor11 shall be held to mesn the Contractor and/or any person employed by him and working under this contract. b. The use of the words "shall" and "may" shall be held to mean "mandato:ry11 and "permissive" respectively. The use of the words "his" or 11him" shall be construed to mean either gender, as appropriate. c. The following are definitions for terms used in this project: 1. Branch Collar shall mean wood tissue ridges that fonn around the base of a branch between the main stem and the branch usually &S a branch begins to die the branch collar begins to increase in size. 2. Block Trim shall consist of & group of trees to be pruned in a localized area as defines by the Director. 3. ~ sball refer to the new growth made by the cambium layer around all ofawouna ·---....... _._ · -.. · · · --·-· ___ ,. __ . 4. Crmbiuni Layer shall mean the growing point between bark and sapwood. 5. Closure shall refer to the roll of the callus growth around the wound area. 6. Crown shall mean the head or canopy of tree foliage. A-3 Attachment 1 , Page 20 of 70 7, The Cut shall mean the exposed wood area that remains after the branch has been removed. 8, Cut Back Drep Crotch. shall mean the specified reduction of the overall size of a tree or individual branches, but may include the overall reduction of the sides as well as the top of the tree. 9, Dormant shall refer to a condition of non-active growth. Deciduous trees are considered to be dormant from the time the leaves fall until new foliage begins to appear. 10. Girdling Roots are located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bark area. thereby choking or restricting the flow of sap. 11. Leader shall mean central growth shoot. 12. Lifting shall refer to the removal oflower branches for under clearance. 13. Parent Systein shall mean the main trunk system of the tree. 14. Pre-eut or P[C=tonl'ting shall mean the removal of the branch at least beyond the finished cut, to prevent splitting into parent stem or branch. 15. Pruning shall mean the removal of dead, dying, diseased, live, interfering, objectionable and weak branches in a scientific manner. 16. Sap Flow shall mean the definite course assumed by sap in its movement through the tree. 17.. Scars or Injuries shall refer to natural or man-made lesions of the bark in which wood is exposed. 18. Scatter Trim shall consist of the trimming of a tree, or group of trees, that do not consist of eight or more in a localized area. 19. Suckers shall mean the abnormal growth of small branches usually not following the general pattern of the tree. ·------·--·-2cr:-· -~0Ufslia1r mean the removal of' live branches" to -roouce. Wiild" -·-·-·-.... --~ resistance and to create more space. 21. Topp:ing see Cut Back. 22. Traoitig -shall mean carefully cutting the bark along the lines of sap flow to encourage closure and to be the outline of the wound area. A-4 Attachment 1, Page 21 of 70 23. Trinuning-see Pruning. 24. Inspector shall mean the duly authorized representative of the Director of Public Works Department who shall monitor the contractor's progress within the Urban Forestry project area he/she is assigned to. 25. Trash ami Litter shall mean any debris generated by the Contractor within the Urban Forestry project area such as paper, cans, bottles, limbs three inches in diameter or less, rocks, etc., which is not intended to be present as part of the landscape. d. Tree Trim.ming Classifications and Tasks 1. A Full Trim shall consist of: Removal of all dead, dying, diseased, crossing or rubbing, and weak limbs or branches within the canopy; Clearing limbs from all wires, lights, buildings, and/or traffic signal devices; Raising the canopy to a minimum of 14 feet above the curb; Restructuring the crown to provide thinning out of, reduction of, and/or restoration of; Removal of trunk sprouts, water sprouts and suckers; Balancing of the crown; Removal of "v" crotches and establishing scaffold branches of young trees while maintaining clearance for vehicle and pedestrian traffic in public right-of-ways. 2. A Clearance Trim shall consist of: Removing branches to provide a 14 foot clearance from the top of the curb; clearing limbs or branches away from wires, lights, buildings, and/or traffic signal devices; removal of trunk sprouts, water sprouts !Jlld suckers; clearing limbs or branches to provide for pedestrian travel. 3. A Palm Trim shall consist of: Removing all dead or drooping fronds and fruiting clusters as close to the trunk as possible without cutting into outer trunk line, leaving approximately five to seven healthy fronds evenly spaced no more than 45 degrees above horizontaL e. Tree Removals 1. Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working or other hazardous ·-··-·-oonditi.cins · To-"inwViduiiS, -raiiascape, -·Strocfriies; QDS"tiCles;-or pnv.lit!f --·--- property. 2. Trees shall not be stump cut and felled. Tree stumps to be removed shall be completely ground a minimum of eighteen inches (18") below soil surface unless utilities prevent an 18" depth. All surface roots within a depth of a 8" in a 12 ft. zone around the tree shall be removed by grinding. Grinding of stump shall be completed within 48 hours of tree removal. A-5 Attachment 1, Page 22 of 70 3. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fme graded. Excess debris, trimmings, branches, and wood shall be removed from the worksite and shall follow as closely as possible to the removal operation. All debris shall be properly removed off site and at the contractors expense. Wood that can be burned by the homeowner shall be cut up and left in the parkway. However, twigs, branches, leaves, and large wood shall be removed from the site prior to the crew vacating the worksite. Work shall not start before 7 AM or continue past 6 PM. No work is to be scheduled on weekends or national holidays without prior approval of the Director. Contractor shall notify Dig Alert two working days prior to tree removals at 1-800-227-2600. f. Root Pruning 1. Root pruning consists of cutting the roots vertically along a straight, linear plane, usually along the curb and sidewalk to an 18 11 depth. Root pruning is done to pre~vent further damage to infrastructure and/or private property caused by St.uface roots of City trees. Root pruning is also done to accommodate repairs of sidewalk, curbs, asphalt, and other infrastructure. 2. Root pruning shall be done wjth a power stump grinder or power root cutter, unless the Director of Public Works Department gives prior approval. Extreme care should be taken to prevent damage to landscape, irrigation, structure~, obstacles, individuals, or private property. 3, The Contractor shall notify Dig Alert two working days prior to root pruning at 1-800~227-2600, g. Stump Grinding Stumping consists of grinding tree stumps to a minimwn of eighteen inches (18 11 ) below soil surface unless utilities prevent a 18 11 depth. All surface roots within a depth of a 12 ft. zone around the tree shall be removed by grinding. Extreme care should be taken to prevent damage to landscape, irrigation, structures, obstacle$, individuals, utilities, or private property. Contractor shall notify Dig Alert two working days prior to stump grinding at 1-800-227-2600. h. Tree Planting Treo planting shall be done as outlined in the Street Tree Planting Detail of the City of Laguna Niguel Public Works Standard Plan dated attached as Enclosure 2. Contractor shall furnish all materials and labor. Contractor shall notify Dig Alert two working days prior to plant pit excavation at 1-800-227-2600. Attachment 1, Page 23 of 70 i. Emergency Work Charges Emergency work charges sh&ll include all personnel, equipment and other material used in completing work in an emergency situation. This includes night work and work on weekends and holidays. Contractor shall respond to emergency calls within two (2) hours from time of notification. j. Ho'tlrly Work Charges Regular hourly work charges shall include trimming and clean up of broken limbs, thinning, restaking and/or removal of young trees, and other services need generally as a result of stonn damage. This work shall occur during normal working hours 6. GENERAL TREE PRUNINGREO~MENTS a. All cuts shall be made sufficiently close to the trunk or parent limbs, without cutting into the branch collar or leaving a protruding stub, so that clos'ure can readily start under normal conditions. Clean cuts shall be made at all times. 1. Removal ofLaterals The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts (through the branch collar). For any branch too large to be held while being cut, remove by means of the following cuts: a. Under cut the branch 4 to I 0 inches beyond the base (to prevent splitting or peeling). b. Cut off the branch beyond the undercut where necessary. to prevent property damage, branches shall be lowered to the ground by ropes and/or proper equipment c. Remove the remaining stub via a final cut, as described above. (Section 6 a 1). 2. Removal of Terminals (Tip Thinning and Drop Crotching) a. Thinning or "Lacing out11 tlmllinal portions of branches by cutting terminals back to laterals. (The basal diameter of the remaining lateral should be l/3 the diameter of the terminal being removed). Remove numerous small terminals and laterals rather than taking out a few large ones. A-7 Attachment 1, Page 24 of 70 b. Size Reduction takes out portions of the crown for height, remove terminals back 1.0 laterals. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at a lower level. The basal diameter of a lateral should be at least 1/3 the basal diameter of the terminal being removed. Laterals smaller than this cannot function effectively as new tenninals, and the effect is then similar to a stub cut c. Branches that pose a threat to the health, safety, and welfare of the general public shall be removed. In addition, branches that disrupt the aesthetic or general integrity of the tree shall be removed. Kinds of branches to be removed: 1. Obstructing branches. Clear walks, traffic ways, buildings and other manmade structures. Clear other trees, plants as needed. 2. Dead, broken, diseased or weak branches. (Also, stubs left by previous pruners). 3. Crossing branches. This includes potentially crossing branches, also upright shoots (water sprouts) vigorous, and interior-directed branches. 4. Narrow crotch-angle branches. For most kinds of trees, branches with a crotch angle narrower than 30 degrees should be removed. 5 . Parallel branches. Branches less than a foot apart which run parallel for several feet may eventually damage each other. The less desirable one should be removed. 6. Wind-breakage risks. Crowns that are too high and/or too dense should be thinned, and sometimes lowered to suitable laterals. Reducing wind resistance by thinning out many small branches is safer and better for the tree than taking out several large branches. 7. Branches that disrupt tree form. Excessively vigorous ·----· ----·-----·'branche:s;-or those thllt'l'Uir ag!rlnst the· general: ·~mmtbfug­ pattern, should be trimmed for better balance and shape. (This does not mean the tree must be made perfectly symmetrical: asymmetzy as such can be both attractive and safe). A-8 Attachment 1, Page 25 of 70 b. On trees known to be diseased, tools are to be disinfected with methyl alcohol at 70% (denatured wood alcohol diluted appropriately with water) or a Clorox (bleach) solution after each cut and between trees where there is known to be a danger of transmitting the disease on tools. c. Old injuries are to be inspected. Those not closing properly and where the callus growth is not already completely established should be traced where appropriate, d. All girdling roots visible to the eye are to be reported to the Director. e. The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches or branches, shall be reported in writing to the Director and corrective measures recommended. f. When pruning trees, the contractor shall make all trees shapely and typical of their species. (Under no circumstances shall the any tree have their central leader removed without written consent from the Public Works Director). 7. Gener3l Palm ThlmmingRegnir~ments a. All work shall be done in accordance within the following guidelines: 1. Live fronds shall be removed as close as possible to the trunk. The remaining fronds are to be approximately 45 degrees to the trunk. · 2, All dead fronds and parts thereof shall be removed to a sound, intact portion, neatly and closely trimmed to the circumference of the trunk. 3. All vines shall be removed from the trunk and cut at ground level. 4. Only full, live fronds shall remain at the crown. Precaution shall be taken so that remaining fronds and stalks are not partially cut. 5. The contractor shall be required to remove and dispose of all fronds found hanging or fallen from tbese trees trimmed for a period of thirty (30) days following said trimmings. 6. Climbing spurs are not to be used when trimming trees, because of the damage caused to trees. Under special. conditions, the Director may .----··-··oonsid"el" tlie use ·or cliiiiliiiig spiirs : ·The requesfiriuSt be iii Vi/nf:iilgax1cr --· -· there is no assurance that permission to use climbing spurs will be granted. 7, The work shall include daily clean up and disposal of aU branches, fronds, stubs, twigs, leaves and other debris resulting from the trimming operation. A-9 Attachment 1, Page 26 of 70 8. Tree and Stamp Removal Requirements a. Before starting any work below ground level, the Contractor shall contact Dig Alert at 1-800-227-2600. Contractor shall make sure utilities are located in the area and arrange his work so as not to damage any utility services. b. Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working conditions and/or other hazardous conditions to individuals, landscape, structures, or obstacles. c. Trees shall not be stump cut and felled. d. Tree stumps not designated for removal shall be cut flush with the ground, e. Tree stumps to be removed shall be completely ground a minimum of eighteen inches (18") below soil surface unless utilities prevent a 18" depth. All surface roots within a 12ft. diameter zone around the tree shall also be removed by grinding, f. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fine graded. g. Excess debris, trimmings, branches, and wood shall be removed from the worksite and shall follow as closely as possible to the removal operation. At all times the contractor prior to vacating the worksite shall cleanllP and remove trimmings and debris. h. All areas shall be left clean and free of debris at the close of each day's operation. Work shall not start before 7 AM or continue past 6 PM. No work is to be scheduled on weekends or national holidays without prior approval of the Director. 1. All debris shall be properly disposed of off site and at the contractor's expense. 9. ROOT PRUNING a. Before starting any work below ground level, the Contractor shall contact Underground Service Alert at l-800422-4133. Contractor shall make sure ··-·-----·--~ocated in the -aiea"Bii.d. arr3:iige his work-soaii"not to dama:ge any utility services b. Root pruning consists of cutting the roots vertically with a power root cutter, along a straight, linear plane, usually along the curb and sidewalk and adjacent to the tree, to an 18" depth. A-10 Attachment 1, Page 27 of 70 c. Extreme care should be taken to prevent damage to landsca~e, irrigation, structures, obstacles, individuals, or private property. d. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fine graded. The spr.inklcr system shall be verified as operational, with any damage repaired within 24 hours. 10. WORK SCHEDULE a. Work will be assigned and completed on a monthly basis, b. Contractor will secure a list of tree maintenance locations from the Public Works Department during the last week of the month that identifies work assignments for the following month. c. Contractor shall keep the Public Works Department informed oftherr progress at all times. d. Hours of normal operations~ L All work performed in the City, other than emergencies, shall occur between Mondays and Fridays from 7 AM to 5 PM. Exceptions may be made to normal working hours, where incidences of use or traffic may be too great dming the hours specified to allow for proper contract performance. 2. Work shall not occur, unless it is an emergency, on the weekends or holidays, without prior approval from the Director. 3. Work that generates excess noise and would cause annoyance to residents of any area shall not be commenced before 7:00AM. Contractors shall establish a schedule of routine work to be followed in the perfotmance of this contract e. Upon submission of each monthly invoice during the term of this co,ntract, the contractor shall submit to the Drrector a report describing in detail all work performed during the previous month.. Said report shall be in a form easily transferred or downloaded into the City of Laguna Niguel Urban Forestry ···--__ !?~!~~~se and_ in~h!-~e_th:~ ~0~9~ 1. Date the work was performed. 2. Tree address and location. 3. Tree species (within attribute range). 4. Diameter of trunk. at breast height (within attribute range). 5. Tree height (within attribute range). 6. Tree condition (within attribute-range). 7. Any visible decay, conks or hazardous condition. A-11 Attachment 1, Page 28 of 70 11. Assembly Bill 73 a, The Contractor shall comply with the requirements of Assembly Bill73. The law sU\tes that, ",.,every person planning to conduct any excavation is required to contact a regional notification center at least 2 days prior to excavation. .. " b. Assembly Bill 73 defme.<> excavation as, "any operation in which earth, rock, or other material in the ground is moved, removed or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe and driving, or any other way. c. The regional notification center is Dig Alert at (800) 227-2600. 12. CONTRACTOR LIABll,lTY a. The Contractor will be held responsible for the preservation of all public and private property along and adjacent to the work being done, and will be required to exercise due precaution to avoid and prevent any damage or injury thereto as a consequence of his operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks, walls, structures, stairways, sprinklers or any other property, shall be adequately protected and should not be removed or disturbed without permission fro;m the City. Any damages resulting from Contractor neglect shall be repaired/replaced at the Contractor's own expense. b. Such repairs and/or replaoement shall be performed by the Contractor at no cost to the City, and shall be accomplished as directed by the Director or his representative. Repairs ~hall be made immediately after damage or alteration occurs. Deductions shall be made from the Contractor's payment in the amount necessary to compensate th~ City for such r~pairs in the event such repair work; is done by City forces or another source. c. Irrigation damage shall be repaired or replaced within the followi.ng time limits: 1. Mainline irrigation breaks shall be repaired within two (2) hours. 2. All other irrigation repair and/or replacement shall be completed within 24 hours . .. --.. ----·--· 'd: . -·-Ali damage8to tllrl', grou~d co:Vet, sh.nibs or trees shall b~ .repaired or repl~ed ----. within 48 hours. 1. Dimlage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered HS an adequate repair. Prior to t:rimm:ing or. removing any trees in large turf areas, the Contractor is required to lay down ~ inch thick plywood sheets or approved equal to protect turf from damage and settling from vehicles traffic. Plywood is to Attachment 1, Page 29 of 70 be removed immediately after the completion of work. No plywood or mats are to be left more than 5 hours on turf to prevent turf bum or compaction. Any physical damages incmTed by the Contractor to private or public property shall be corrected by the Contractor in a manner and within a time period dictated by the Public Works Department. Failure by the Contractor to make such corrections may result in the City causing said corrections to be made and ded11cting the cost for the same from payments due the contractor for work performed. An additional20% penalty charge shall be added as compensation to the City of overhead cost incurred in causing said corrections to be made. 2. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the Director. 3. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the Director the damage is severe, the shrub shall be removed and replaced with the same variety and size. 4. Damage to trees shall be addressed in the following manner: a. Trees in the contract area may be ohecked before contract work begins, and random checks may be carried out during the contract period. b. The Contractor should inspect all trees for existing damages prior to conducting any work activity in the assigned project area. Observed tree damage shall be documented by memo to the assigned area inspector. e. Any damage to public or private property shall be reported to the City within one (I) hour. £ All work shall be inspected~ verified, and completed to the satisfaction of the Director, or his authorized representative. 13. UNAUTHORIZED REMOV' ALS Unauthorized tree removals will incm the following penalties~ -------.... -----a-... --tinder f2ii"d.i1Unet~ ...................... ~.:~:::.:-.~ ..•. $1,2oo.6o · b. 1211 to 3611 diameter ........................................ $ 2,400.00 c. 3611 diameter or greater ......................... .-.......... $ 3,600.00 A-13 Attachment 1, Page 30 of 70 14. PUBLIC RELATIONS a. Contractor shall maintain good public relations at all times. The work shall be conducted in a manner that will cause the lease possible interference or annoyance to the public. b. Contractor shall have the duty to purchase door hangers, acceptable to the City, and distribute to residents where tree maintenance is planned 72 hours prior to the work being completed. c. The door hangers shall be printed in English on one side and Spanish on the other side. 15. 1NSPECTIONS a. Inspections will be performed at times mutually agreed upon by the City Inspector and the Contractor representative. The inspector may make random visits when the Contractor is working in a specific area at his discretion. b. All inspections called for by the Contractor shall be requested at least forty-eight ( 48) hours prior to the anticipated inspection. c. All work shall meet the approval of the Director or his designated representative, or is rectified by the Contractor to a condition that does meet this acceptance. Corrective action shall be performed at no additional cost to the City. d. If the Contractor calls for inspections and is not ready for the inspections, the Contractor shall tie back charged at the hourly rate, including travel time, for all members of the team of inspectors involved. 16. IJA.,ZARDOUS CONDITIONS a. It shall be the Contractor's respon.':ri-bility to inspect, and identify, any condition(s) that renders any areas within this Agreement unsafe, as well as any unsafe practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. b. Contractors shall be responsible for making minor corrections including, but not limited to, fill~: h~l~s in lnndsc~yo. .. '!!~~dl~~g barri~4~ ~I. ~¥f.!.c ~<?nes t~ alert persons of the existence of hazards so as to protect all persons from injury. c. Contractors shall inspect all work sites for hazards, or potential hazards, prior, during and after performing the required work d. During the required inspection of all work sites for hazards, or potential hazards, the Contractors shall keep a log indicating the date the area was inspected, any unsafe conditions, and the action taken. A-14· Attachment 1, Page 31 of 70 e. Contractors shall cooperate fully with the City of Laguna Niguel in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the Director within five (5) days following the occurrence. 17. SAFETY a. Contractors shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation; to safely maintain equipment, machines, and materials or other hazards consequential or related to the wm:k; furthermore, to accept the sole responsibility for complying with all local, County, State or other legal requ irements including, but not limited to, OSHA and CAL-OSHA. b . The Director, or his representative, reserves the right to issue restraint, or cease and desist orders, to the Contractors when unsafe or hannful acts are observed or reported relative to the perfonnance of work under this contract. c. Contractors shall so conduct its operation as to cause the least posSible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as deemed necessary by the Director. The Contractor o;1ust abide by the provisions of the "2012 WORK AREA TRAFFIC CONTROL HANDBOOK" published by Building News, Inc., 1612 S. Clementine St., Anaheim, CA 92802, (800)873·6397. d. High Level Warning Devices provide qdvance warning of a work area by being visible to a driver even when the work area is obstructed from view by vehicles or construction equipment. 1 . High Level Warning Devices shall be at least 9 feet high with legs, base, or truck mounting designed to resist overturning in brisk winds. Sandbags may be used to add weight to the base or legs. High Level Wanlln.g Devices shall be equipped with a yoke at the top to accommodate at least three flags. Flags shall be fabricated of high visibility orange material and equipped with stays to keep flags extended. Tom or dirty flags shall be immediately replaced . . ----2 ..... "the wamrng · sisns are intended to be permanently mounted to the High Level Warning Device. These signs must be approved by the proper authorizing agency. When required., all signs must be provided, installed and maintained by the Contractors. No signs or supports shall bear any commercial advertising. These warning signs shall be high visibility or!Ulge material with black lett~rlng. A-15 Attachment 1 , Page 32 of 70 3, High Level Warning Devices shall be used where indicated by the Director, such as, at street approaches to locations where construction or maintenance work is being pexfonned within or immediately adjacent to a traffic lane. e. Signs shall be installed immediately before work is to commence and must be removed immediately after work is complete. The location of the signs will depend upon alignment, grade, location of street intersections, and posted speed limit. Signs shall face and be visible to oncoming traffic and be mounted so as to resist displacement. The center of the warning sign shall be at least 4 112 feet above the roadway. The Advance Warning signs shall be located on the right hand side of traffic lanes. On divided roadways, supplemental Advance Warning signs shall be placed on the divider. 18. CONTAACTOR STAFF ------· a. Contractors shall furnish sufficient supervisory and working personnel capable of promptly accomplishing all work on schedule and to the satisfaction of the Director. b. Contractors shall have competent supervisors, who may be working supervisors, on the job at all times work is being performed who are capable to communicate effectively both in written and oral English, and discuss matters pertaining to this contract Supervisors must be able to demonstrate to the satisfaction of the Director that they possess adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensw-e accomplishment of high quality work which will be acceptable to the Director. Any order or communication given to the supervisor shall be deemed as delivered to the Contractor. c. Contractors, and their employees, shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. The Director may require a Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City of Laguna Niguel. d. Contractors shall require each of his employees to wear basic public works _ WQ~& ~*-~· Th~~_l? M~ ~~~!ly pr~ l?.~cy, ~ otb~r g~~u~QY. Stru~ .. Safety :Regulation. and proper wearing of the clothing. Shirts shall be wom and buttoned at all times; safety vests are required when .indicated by the Work Area Traffic Control Handbook, or the Director. e. The Director may require the Contractors to establish an identification system for personnel assigned to service this Agreement which clearly indicates to the public the name of the Contractor responsible for the tree maintenance services. The A-16 Attachment 1, Page 33 of 70 identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 19. OFFICE STAFF a. Contractor shall have a responsible person(s) with the ability to take necessary action regarding all .inquires and/or complaints received from the City of Laguna Niguel or the Director. 1. This person(s) shall be reachable twenty-four (24) hours per day, 2. An answering service shall be considered an acceptable substitute to full-time coverage, outside of prescribed working hours, provided the Contractors are notified of any communication within one (1) hour after receipt of said communication. 3. The telephone number{s) of the Contractor or responsible person(s) of the Contractor shall be a tolJ .. free number for the City of Laguna Niguel. 4. During normal working hours, the Contractor and/or supervisors, who are responsible for providing tree maintenance services, shall be available for notification through pager, cellular teLephone and/or radio communication. 20. STORAGE FACILITIES The City of Laguna Niguel shall not provide any storage facilities for the Contractors. 21. SIGNS a. Contractors shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the Director. b. Contractors shall, at all times, remove all unauthorized signs and advertising matter from trees receiving maintenance. 22. NON-lNTERFERENCE Contractors shall not interfere with the public use of the premises, and shall conduct their ---·-·· ---·up-ere;tiQtrs·scr as to ·offertlur-I~asr·passib~e-ob-stttlctro:o:·~d-mcon:V'etlience to the pubfuf,·- nor disrupt the peace and quiet of the area within which the services are performed. 23. PARKING a. Contractors shall park his vehicles and equipment within designated parking areas or in such a location to insure normal vehicular traffic. A-17 Attachment 1, Page 34 of 70 b. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA. c. The City of Laguna Niguel will not allow the Contractor to park or store any equipment or materials, used in the performance of this contract, in the City right- of-way or on City property. 24. GENERAL CLEAN-UP a The Contractor shall promptly clean all job sites when work is completed, including the raking of leaves, twigs, and other debris generated from their opemtion, from the lawn, sidewalk and parkway and sweep the street. b. Each day's scheduled work shall be completed and cleaned up prior to the Contractor vacating the work site. Under no cir~umstances shall any brush, leaves, debris or equipment be left on the street overnight. 25. AERIAL UTU,I'fiES a. Contractor shall trim limbs a minimum of five ( 5) feet from street lights. b. Contractor shall comply with. Standards of CAL OSHA and the American National Standard Institute, Zl33.1-1988, Safety Requirements. c. The contractor shall exercise precautions as necessary when working adjacent to aerial utilities. In the event that aerial utility wires present a hazard to the contractor's personnel or others near J:!:te 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. 26. TEMPORARY "NO P ARKING11 SIGNS a b. c. During tree trimming oper1,1:tions, the contractor shall post "No Parking" signs forty eight ( 48) hours in advance of commencing work and they shall be placed at regular intervals 150 feet in advance and 150 feet beyond the restricted area. All costs for furnishing, posting and maintaining temporary "No Parking" signs shall be incl~ed in ~e-v!U5~~s b!d Jt~ms an~ !!_t~_~ontra<:lt.~r shall be ~~no _ additional compensation for performing this function, ''No Parking" signs shall be supplied by the contractor and be constructed as follows: 1. Minimum size 9" x 12." 2. Color shall be red on white background. Attachment 1, Page 35 of 70 3. Markings and materials will be suitable so as to withstand exposure to inclement weather. 4. Lettering size shall be a minimum of 1/2" in height. 5. Sign shall be approved by the Parks, Recreation and Community Setvices Director prior to placement. d. The following information will appear on each posted "No Parking" sign: e. f. g. h. j. k. L "Temponuy No Parking", "Tow Away'', "By Order of the Police Department". 2. Date(s) sign is in effect. 3 . Time period sign is in effect. 4. Reason for posting (Tree Trimming). 5. Date and time the sign was posted. Signs shall be posted conspicuously so ~ to allow unobstructed visibility of oncoming traffic and to the operators of vehicles parked in the restricted areas. Signs shall not be posted more than 50' apart. Signs shall not be posted on private property. Signs shall be posted within the parkway area or as close to the roadway as practical. Signs shall be posted at the height so as to be visible over parked vehicles, but not higher. Signs shall be securely fastened but in such a manner as to not damage the item to which they are affixed. Signs may be posted on any stan<mtd or tree within the parkway, except that in the ···--~sence ofsu~h !!_ems,~~~ ~~Y~C? ~~ached t~ tri@~J>~~~d.~s ... _ _ __ -· __ 27. REMOVAL OFBRUS:U, DEBRIS AND ALL IDQUIPMENT It shall be the responsibility of the contractor to ensure that the street, parkway, sidewalk, and slope areas of all property shall be left free of debris and equipment. This includes, but is not limited to cones, signs, dumpsters, safety devices, and all heavy and light equipment and vehicles, which shall be removed at the close of each day's operation. With the exception of the actual work performed, all sites shall be in their original A·19 Attachment 1, Page 36 of 70 condition at the conclusion of each working day. An exception to this paragraph is if the homeowner desires that the wood be cut up and left in the parkway. If this is the case, Contractor will cut up wood and stack in parkway. 28. EMERGENCY CALLS FOR TREE SERVICE a. The Contractor shall have the capability to receive and to respond immediately to call of an emergency nature during normal working hours and dwing hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. b . The Contractor shall have the duty to respond to emergency calls within two (2) hours from time of notification. c. Contractor must designate a person within his company who will respond to emergency calls 24 hours a day. d. Contractor shall submit telephone number(s) to the City that can be used to obtain emergency service on a twenty four (24) hour basis. The Contractor's name and telephone number will also be listed with the Police Department. e. Upon arriving at any emergency situation it shall be the responsibility of the Contractor to eliminate all unsafe conditions that would adversely affect the health, safety or welfare of the public. f . Failure to respond within two (2) hours of attempt to contact may result in a $200 penalty per incident Failure to respond to an emergency at any level will subject Contractor to any primary or secondary cost arising from said emergencies. 29. :EXTRAORDJNARY SERVICES a, Contractors may be responsible for providing extraordinary tree maintenance services 1. Extraordinary tree maintenance shall include answering emergency calls as required. Contractors shall respond to an emergency call within two (2) hours. Contractors shall maintain a 24 hours per day on-call service for emergency calls. 2~-· ·· The Coni~-a~tor ·shall n otify the Director of Publl~ Worb. ~r ··his-- representative by telephone within 24 hours of any emergency extraordinary work that is performed. Non-emergency extraordinary work requires written approval before the work is performed. 3. Contractors shall be CQm.pe:nsated for extraordinary work as defmed in the SchomncofComp~tio~ A-20 Attachment 1, Page 37 of 70 b. fu situations involving emergency repair work after normal work hours, Contractors shall dispatch qualified personnel and equipment to reach the site within two (2) hours. I. The Contractors vehicle shall cany sufficient equipment to effect safe control of traffic. 2. When the work site Contractor arrives at the site, the Contractor shall set up traffic warning lUld control devices, if deemed necessary, and proceed to repair on a temporary/permanent basis. c. If a City Representative is still at the site when the Contractor ani.ves, the Contractor shall quickly evaluatl/ the s1tuation and discuss it with that responsible person. 1. If the repair will take only a few minutes, the City Employee may stay to continue to direct traffic while the Contractor makes the repairs. 2. If the repair will take longer than the City Employee can wait, the Contractor shall immediately set up temporary traffic control devices and all other necessary warning devices and relieve the City Representative. d. The following individuals or agencies may call an emergency at any time for extraordinary services involving emergency work: e. I. City Manager 2. Assistant City Manager 3. Director offublic Works 4. Director of Parks and R~reation Services 5. Orange County Sheriff Department 6. Orange Co\lllty Fire Authority The following emergency phone numbers are listed for the convenience of Contractors. Orange County Fire Authority.: ............................... (714) 573-6000 Orange County Fire Authority (Emergency) ................................ 911 Onmge County SheriffDepartment (Di~patch) ........ (949) 770~6011 Orange c:_~unty ~heriffpep ~e~t ~er~~~); .. ·-··-..... ,..-.... 911 30. ,EXEClJTION OF CON'11.b\.,CT a. The date of award shall be determined by the Director, after the City Council accepts the Proposal and the Contractor and the City Manager have executed the Contract Agreement. A-21 Attachment 1, Page 38 of 70 b. The date of termination shall be June 30, for any given year; however, the Contract is .subject to extension or termination as described in these specifications. 31. COMPENSATION FORTR.EE MAINTENANCE SERVICES a. The City shall compensate the Contractor beginning 45 days after the commencement of work. The total compensation will be based on satisfactory work performed the previous month at the rate described in the Schedule of Compensation. b . Billing adjustments may be made where authorized by this Agreement. 32. l'YlETHOD OF PAYMENT a. The Contractor will be paid monthly for satisfactory work performed under this contract b. On or about the first of each month the Contractors shall submit an invoice and all reports required in the Agreement for work performed in the prior month. 1. This invoice shall be in accordance with the schedule of compensation and shall become the basis for payment 2. This invoice shall be subject to review and approval by the Director. 3. All submitted invoices, approved by the Director, shall require a minimum of three (3) weeks for processing by the City of Laguna Niguel Finance Department. 4. The City shall not pay any charges in the invoice not approved by the Director. 5, Along with the invoice the Contractor shall provide a monthly green waste report. This report shall describe how much green waste was g enerated, where it was disposed of, and how much was recycled. 6. The monthly invoice should also include the tree inventocy database update for all trees serviced and billed during the month. The tree _ il:).vento:ry,' database shall be ~.fl!.e foJP..lS! !U.bmitted in the P.ropo~ by th~ Contractor and accepted by the City. 33. DISCREPANcmS OR OMISSIONS a. Should a bidder find discrepancies or omissions in the plans, specifications or other documents, or be in doubt as to their true meaning, he may request a written interpretation from the Director of Public Works. A-22 Attachment 1, Page 39 of 70 b. Any interpretation, or change in the proposed documents, will be made only by addendum issued to each person to whom Proposal has been issued and shall become a part of the Proposal. 34. MINOR MODIFICATIONS The Director may modifY these specifications with the joint approval of the; Contractor, 35. CONTRACTOR NON COMPLIANCE a. If the Director determines that there are deficiencies in the performance of this Agreement, the Director will provide a written notice to the Contractor stating the deficiencies and specifYing a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Director, to correct the specified deficiencies. b. Should the Contractor fail to correct any deficiencies within the stated time frame, the Director may exercise the following measures: L Deduct from the Contractor's payment the amount necessary to correct the deficiency, including City overhead. 2. Withhold the entire or partial p ayment. 3. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor's payment the total cost, including City overhead 4. Deduct liquidated damages. a. Since it is difficult to determine the extent of actual damages which result from failure to correct a deficiency within a stated time frame; a reasonable estimate of such damages shall be set at $100 per day, or a portion thereof, for each deficiency which exceeds the stated time frame for correction.. b . This amount shall be deducted from the Contractor's payment c. The action above shall not be construed as a penalty but as a.n adjustment of payment to the Contractor to recover City of Laguna ·-Niguel cosf'"aue · t:a · flie ·ra11ure -of tlie ContiietOf 'to &iiriplete or - comply with the provisions of this Agreement. d. The Director shall decide all questions that arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, !!lld compensation to include completion of work by alternate sources. A-23 Attachment 1, Page 40 of 70 e. In addition to the provisions of Section 36 (b), in the event of a failure to correct a deficiency, or for any other breach of this Agreement by the Contractor, the City of Laguna Niguel may immediately terminate this Agreement. 36. PAXME}NTS WITHBELD ' The City may withhold the entire or partial payment for the following reasons: a. Work required in the specifications that are defective, incomplete or not performed. b. Claims filed as a result of the Contractors work, or reasonable evidence indicating probable filing of claims. c. Failure of the Contractor to make payments properly for materials and/or labor. d. A reasonable doubt that the contract cannot be completed for the remaining balance. e. Reports, logs, or other contractual written documentation required of the Contractor to be delivered to the Director which is/ are incomplete or not performed. 37. wrm:HELD CONTRACf FUNDS The Contractors may, at his sole cost and expense, substitute securities equivalent to any monies withheld by the City to insure perfonn.ance under the contr&ct. Such securities shall be deposited with the City or with a State or Federally Chartered Bank as escrow agent who shall pay such monies to the Contractors upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. Securities eligible for investment under this section sh~Ul include those listed ill Public Contract Code Section 22300. 38. CONTRACT TERMJ:NATIOI'_{ a. The City reserves the right to terminate the contract, without penally, for cause immediately or without cause aft()r thirty (30) days written notice thereof is delivered t-c;> tl!e Gontmotor oither. perSCln!llly or_ by mail addressed .. ~~ s~<?wn.9!1 th.e p.urohas~ orde~-{orm. -. . . . . . b. In the event of such termination, the bonds required shall remain in effect for six (6) months after the date oftennination to provide Sl,l.Iety that any remedial work required at the time of termination will be completed. c. If the Contractor fails to meet the specifications of this contract for any fifteen (15) days, consecutive or non..consecutive, the City roay at its option terminate the A-24 Attachment 1 , Page 41 of 70 balance of this contract by written notice of termination to the Contractor. Notice of such tennination shall take effect three (3) days after such notice is mailed. 39. COMPLAINTS FROM ctrY a. The Contractors shall maintain a monthly written log of all complaints which includes the date and time received and the action taken or the reason for non-action. The monthly log of complaints shall accompany the monthly invoice. b. All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours. All complaints shall be abated to the satisfaction of the Director. c. If any complaint is not abated within 24 hours, the Director shall be notified immediately of the reason for not abating the complaint, followed by a written report to the Director within five (5) days. d, If the complaints are not abated within the time specified, or to the satisfaction of the Director, the Director may correct the specific complaint and the total cost incurred by the City of Laguna Niguel shall be deducted and forfeited from the payments owing to the Contractor from the City of Laguna Niguel. 40. HOLD HA.RM:LESS AND CITY INSURANCE REOUIRE'MEN'I'S a. Contractors shall indemnify, hoid harmless, and defend the City of Laguna Niguel, the Public Works Departm ent, its officers, elected officials and employees, from and against all claims and demands for loss or damage to any person or property arising out of, or in connection with, the perfonnance of the Contractor pursuant to this Agreement, and reimburse the City for all costs and expenses, including reasonable attorney's fees, incurred in connection with the defense of any such claims and demands. b. Contractors shall obtain, at its own cost, a policy or policies of liability insurance of the type described below and satisfactory to the City. l. Commercial General Liability Insurance. a. Comprehensive Liability Insurance, vehicular and nonvehicular, ~o.!.~~~ f?r b.?.~Y inj~% de a~ or prop erty d~a~~ which m.:.ay arise from the performance of the Con tract. Such insurance shall be in an amount of at least $2 million per occurrence $4 million in the aggregate. b. Contractors shall obtain commercial auto liability and property .insurance covering any owned or rented vehicles of the Contractor in the minimum amount of $500,000 comb.ined single limit Such A-25 Attachment 1, Page 42 of 70 insurance shall extend throughout the entire term of this Agreement. 2. Worker's Compensation. The Contractor shall carry worker's compensation insurance in the amount required by California law covering all of the Contractor's personnel performing work in connection with this Agreement. The insurer shall agree to universal rights of subrogation against the City, its elected officials, offices, employees, consultants or agents for losses arising from the work done in connection with this Agreement. 3. Certificates and endorsements required per this Agreement shall be provided prior to the commencement of any work under this Agreement. The Contractor shall provide certificates of insurance with original endorsements, and copies of policies if requested, of the insurance policies required in this section. All policies required under section shall contain, or be endorsed to contain, the following provisions: a. Additional Insureds. All policies shall include the City, its officials, officers, employees, and agents as additional insureds, but only with respect to the operations of the Contractor relating to the performance of the services under the Agreement The coverage shall contain no special limitations on the scope of protection afforded to the City, its elected officials, officers, employees or agents. b. Coverage.Primary.. The Contractor's insurance coverage shall be primary insurance in respect to the City, i~ elected officials, officers, employees and agents. Any insurance or self-insurance maintained by the City or its elected officials, officers, employees or agents shall be in excess of the Contractor's insurance and shall not contribute with it. c. !nSlll'ance ta Apply Separately to Eaeh Tnsured! ·---·-------·--_____ ... _ . - Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to limits of the insurer's liability. N9tiee gt"Cru1oe-Oati0n. _ 'Eacll"lnsmce ·cert:lficate . reqllked .by this Agreement shall be endorsed to say that the coverage shall not be suspended, voided, canceled, or redu® in coverage or limits except after thirty (30) days written notice by certified mail, r~turn receipt request, has been delivered to the City. A-26 Attachment 1, Page 43 of 70 e. RD,ting of Insure r. Insurance is to be placed with insurers with a Best's rating of no less than A: VIII, unless otherwise agreed to in writing by the City. f. Signarure of Certjfioate. A person authorized by the insurer to bind coverage on its behalf shall sign the certificates and endorsements required hereunder. g. G&neral A$regat~s. Except with regards to Worker's Compensation Insurance, if any fonn of general aggregate limit is used for any insurance required under this section, either the general aggregate shall apply separately to this Agreement or general aggregate limit shall be twice the occurrence lirrtit. 41. lNDEMNIFICATION a. Contractors shall act under the contract as an Independent Contractor through the CityofLaguna Niguel and will not be an agent, or employee of the City. b. Contractors shall not represent, or otherwise hold O\lt itself, or any of its Directors, Officers, Partners, Employees or Agents, to be an Agent or Employee of the City. c. Contractors shall indemnifY and otherwise hold hannless the City, its officials, officers, Directors, Employees, Agents and other representatives, from all liability, loss, or damage (incluiling reasonable attorney's fees and other costs of defense resulting from damage or Uijury to persons or property caused, or claimed to have been caused, by acts or omissions of the Contractor, or of any of its Subcontractors, Directors, Officers, Partners, Employees, or Agents in the course of, or in connection with, the Contractor1s performance under the contract). d. The parties agree to cooperate fully in the resolution of any claims for such liability, lo~s or damage. 42. ASSIGNMENT OF'QONTAACT a. Contractors shall not assign, transfer, convey or otherwise dispose of this contract, or of his rights of interests in or to the same or any part hereof, without the previoUB consent in writing of the City. If the Contractor, without such previous ...... -.. wiilten 'consent, assigns, ti-ansfeis, conveys, or otherwise dlsposes of tli.e contiad:, or of his rights or interests therein, the contract may, at the option of the City, be t ermina ted and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations arising out of the same to the Contractor, and to his assignee or transfer ee. No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof unless authorized by the written consent of the City of Laguna Niguel. A-27 Attachment 1, Page 44 of 70 b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of the Contractor, or of the interest of any general partner or joint venture which shall result in changing the control of the Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets ofthe Corporation, partnership or joint venture. c. The Contractor shall not employ any subcontractors unless specifically authorized by the City of Laguna Niguel 43. COMPLIANCE WIT.H TH·E LAW a. Contractors agree that their performance under this contract shall comply with all applicable laws of the United States of America, the State of California, the County of Orange, the City of Laguna Niguel and any other political entity having jurisdiction over the activities of the Contractors. b. No Proposal may be considered :from a Contractor who, at the time the Proposals are due, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor's State Licoose Board shall prevail. This requirement is not a mere formality, and it will not be waived by the City. The classification of Contractor's license required in the performance of this Contract is a California Tree Service Contractors License-C61, D49 or C27. 44. PAYROLL a. b. c. Section 1776, Chapter 1 of Division 2, from the Cal ifornia Labor Code requires that each Contractor and Subcontractor keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprentice or worker employed by him. The employee's own payroll records shall be available for inspection, and a copy shall be made available to the employee or his authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standard. Pursuant to Labor Code Section 1778.8, the Conlractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with the applicable collective bargaining agreements filed with the Department of Industrial Relations. A-28 Attachment 1, Page 45 of 70 45. LABOR STRIKE a It shall be the responsibility of each Contractor to provide continuous tree maintenance services, without any interruption. b. In case of any labor strikes, the Contractors sha.Ji provide other means, at its own cost, to provide a comparable continuous service as if there were no strike. c, Failing to do so will cause the City to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor. 46. LABOR STANDARDS P.ROWSION The Contractor shall hire and maintain for the duration of the contract, a workforce as required under the specifications and pay at a prevailing wage for the work. a. b. The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Laguna Niguel Public Works Department or online at http:/twww.dir.~.gov/dlsr. The successful bidder and all subcontractor(s) under him,. shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality and the general prevailing rate for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Laguna Niguel, 30111 Crown Valley Parkway, Laguna Niguel, CA 92677, and are available to any interested party on request. Piu-suant to pro'Vlsi ons ofLabOr ·c-ode Section 1775, the co"i:J.tractor shall forfeit, ffi; - penalty to City not more than fifty dollars ($50) fol' each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. A-29 Attachment 1, Page 46 of 70 c. Hours of Labor-Eight (8) hours of labor sh&ll constitute a legal day's work for all worlanan employed in the execution of the contract, and the contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3, ofthc Labor Code of the State of California as IIID.ended. d. e. f. The contractor shall forfeit, as a penalty to City fifty dollars ($50) for each labor, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said labor, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Travel and Sul>sistence Payments -The Contractor shall pay travel and subsistence payments to workmen needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. Workel"s Compensation-In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure payment of Worker's Compensation to his employees. The Contractor shall supply the certificate required by Section 1861. ~pu...e-gticea -Pursuant to Sections 1777.5 and 1777.6 of the Labor Code, and in accordance with regulations of the California Apprenticeship Council (see Title 8, California Administrative Code, Sections 18000 et seq.) and local apprenticeship standards for the craft or trade, properly indentured apprentices may be employed in prosecution of the work. They must so be employed by any contractor or subcontractor employing workmen in any apprenticeable craft or trade; i.e., a craft or trade determined to be an apprenticeable occupation in accordance with the rules and regulations prescribed by the Apprenticeship Council. Special attention is directed to that portion of Section 1777.5 of the Labor Code which requires such a contractor or subcontractor to obtain from the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the contract work, a certificate approving the contractor or subcontractor for the employment and t:raining of apprentices in such area. Upon issuance of said certificate, the contractor or subcontractor, unless exempt pursuant to Section 1777.5 of the Labor Code, shall employ the number of ······• &Ppftmtroes c;.r· t1ie ratio of apprentiaes to j oumeyttien fixed k 'tile certificate. If there is in the area of the site of the work a fund or funds to administer and conduct the apprenticeship program in any apprenticeable craft or trade, to which fund or funds other contractors in the said area are, but the contractor or subcontractor Is not contributing, the contractor or subcontractor shall contribute to said fund or funds in the same m!lllller, amount or upon the SWJ.e basis as the other contractors do. A-30 Attachment 1, Page 4 7 of 70 For willful failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be denied the right to bid on a public works contract for a period of twelve (12) months from the date the detennination is made. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the J)jrector of Industrial Relations, ex officio the Administrator of Apprenticeship, State Building Annex, 455 Golden Gate Avenue, San Francisco, or from the Division of Apprenticeship Standards and its branch offices. 47. LABOR DISCRIMINATION a. Attention is directed to Section 1735 of the Labor Code, as added by Chapter 643, Statutes of 1939, which reads as follows: ''No discrimination shall be made in the employment of persons upon Public Works because of the race, r eligion. creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for Public Works violating this section is subject to all the penalties imposed for a violation of this chapter11 • b. A copy of the Certification of Non-Discrimination by Contractors as provided with this specification shall be executed by each Bidder and submitted with his Proposal and bidding documents. 48. APPRENTICESBlP' STANDARD Where required under law, the prime Contractors on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 49. PATENTS Contractors shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on, or incorporated in. the work. 50. ANTI-TRUST CLAIMS -----·----""In 'elife~g futo aPU"Qlic' Works contract, or a sun contract" to supply· gOods; seiVices, or . - materials, pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the awar<ling body 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 of Part 2 of Division 7 of the Business and Professions Code), arising from the purchases of goods, services, or materials pursuant to the Public Works contract or subcontract. This assignment shall be made and become effective at A-31 Attachment 1, Page 48 of 70 the time the awarding body tenders final payment to the Contractor, without further ac.kuowl edgment by the parties 51. NOTICES a. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person, shall be in writing and either served personally, sent by prepaid, first-class mail, or by facsimile followed by mailing of said notice. b. Any notice, demand, request, consent, approval, or co mmunication that either party desires, or is required to give to the other party, shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. c. Notice shall be deemed communicated two (2) City working days from the time of mailing if mailed as provided in this p aragraph. d. Address for notification: City of SanJuan CaJllstrano Public Works and Utilities Department Attention: Steve May, Director of Public Works and Utilities 32400 Paseo Adelanto San Juan C<iplstrano, CA 92675 E-mail-smay@sanluancapistr.ms:drg A-52 Attachment 1, Page 49 of 70 PREI'...,EDSCIL MIX (BIZ!'TOBE3X RODl'IIMJ. ~)SiiE SOit.I'III!PAAATT<lN ON STOPUIN112!1 ENCLOSURE2 SlOPE PI.ANTIIIG INSTALL STME AHD TIE ON lifE WltotlWAAD SlOE IN UNO/BTURBeD SOIL ~OPE PLAMTINB ~I'IAU Wfi:I,.IIDIIAC:01,1B!HA11QN ~ lile!'B,IIHRIJillt tiUU"'IRUaB, AND (JRO!J);) eoYIIII!I. . __ • _ ·-·.. --CITY-OF LAGU.I'lJA. NIGUEL 01--~-to-r""'o-:-1 -P-'"b-1i~a~W.,..o~rk-,----~ PUBLIC WORKS DEPARTMENT A-33 SHRUB AND TREE SLOPE PLANTING 615 Attachment 1, Page 50 of 70 B'TRUHI( PROTI!CTOR IN TIJRF PARI<WIIY, DEEP ROOT CORP OR ~PRO\JEP EQUAL 4X RDOTBAlL DIMIET!iR (BD" WHE~E f'QBSIBlE) F~OOD Tl~[ AOOT ~ONE AfTER PI.At!TING TO REMOVE AIR /\NO Hl;ntE son.. PREVAiliNG WINO TIES TD BE LOOA TEO ABO\JE FlRST BEND IN 11iE TRLJNIC. USE SOFT PUABLE TReE 11Es. • 2'111 X 10'TREATCD LODGEPOLE STA~ES INSTALL STAKE AND TIE ON THE WINDWARD SIDE IN UNDISTURBED SOIL NATNE SOil BACI<FILL lliSTALLSTA~INTD UNDISTURBED NA11VE FIIIM SOIL ALL S'IREET TREES 'MLL BE LOCA11EPIN ~lEI.D BV Clrf REl'R~ENTA'TlVE ACCORDING TO niG FDI.lOWING: CITY OF LAGUNA NIGUEL Director of Public W<>rka Dolo: PUBUC WORKS DEPARTMENT -·-· ..... ----·---~·--· --·ST-R EET "fREE PLANTING' 613 !'-----'-'------~~---:..! (TURF PARKWAY) 1 of 2 A-34 Attachment 1, Page 51 of 70 PUBLIC WORKS CONTRACTOR REGISTRATION CERTFICATION Pursuant to Labor Code sootiom 1725.5 and 1771.1, all contractor8 and subconiractoi5 that wish to bid on. be 1istcd in a bid proposal, or enter into a contract to perform public worlc must be registered with the Department of InduBtrial Relatioll$. Sec http:/1\vWw,dit'.AA;gov/Publio-- WorksiP!lblinWor:ks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department oflndustrial Relations to perform public worlc. Bidder hereby certifies that it is aware of the registration teqllitemeJlts set forth in Labor Code sections 1725.5 and 1 nt.l and is currently registered as a connotor with the Department of Industrial Relationa. Name ofBidder: West Coast.ArtJortsts. Inc. DIR.Rcgistration Number: 1000000956- Bidder further aclmowledges: 1. Bidder shall maintain a ~t DIR:registration for the dumtion of1he project 2. Bidder ahall include the ~euts of Labor Code sections 1725.5 and 1771.1 in iu contract with subcontractors and ensure that all ~~ are registered at the time ofbid opening and maintain registration status for the duration of the project 3. Failure to submit this fonn or comply with any of the above xt:q!lircments may result in a finding that the bid is non~responsive. :::,~~ ;tr;,.::r~-lno. Name: Patrick Mahoney~ Title: 'President Dated: 8/14115 A-35 Attachment 1, Page 52 of 70 CALIFORNIA STATE CONTRACTOR'S LICENSES The undersigned bidder ia licensed in aocordance with the xequirementB of 1he State of California. Contractors License NumQen!,.&..· _---.,;.36_6_7...:..64..:.__ ____________ _ ExpirationDates~,__,__1_213~1/_2_01_6 _______________ _ Claasificatio:o,9:,__ __ C_-6_1_10_-4_9....;.,_C._2_7 _________ ~----- Issued on..__ __ D_e_cem_b_e_r _13_, ________ _, I9.a. ro&~~/FmmNue~----------------------~----- C.o~s~Nmn~·~-------------------- Ex~oo~:. ________ ~---------------------- a~~~~:~-----~----------------------- IssllCI<Io ____________ __, __ l9_ (AttaohQd tQ this fonn • ph~toCOPY of co~totJ ~e(s) and submit with Proposal do~) . ... . S1ate Of Cailfomta ~~1...£0NTftAO.'rO"$ STATE! UC~I!! tmAliWII , _.,lllll1 ACTIVE LICENSE ~~~ .... ~. . ._~{.,. 3,88764 ~-CORP u.v""'~ WEST COA.ST AFISORISTS INC _......, C-61/00 C27 ~~--~· 12/31/2016 A-38 Attachment 1, Page 53 of 70 STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is r~ to state what work of a similiU' scope in the Proposal he has successfully perfonned, especially for municipalities. Reference projects that will enable the City of Lagwm Niguel to judge responsibility, experience, skill, business and financial standing. Detail any involvement, past or current, relative to litigation concerning Bidder's petfo:anance. Please see attached. ~ Use additicmal sheets and attach if necessary. A-37 · Attachment 1, Page 54 of 70 BIDDER•S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Bidder is required to state any and ell instances of being disqualified, removed, or otherwise prevented from bidding on, or completing any, coniract for tree malnrenan.ce services. 1. Have you ewer been disqualified :from any contraot7 Yes No___,:;X~- 2. 1fy~ explain the circumstances: ~ Sign~ Patrick Mahoney, President A-38 Attachment 1, Page 55 of 70 LIST OF MACHINERY AND EQUIPMENT AVAILABLE Proposal shall include a completed "List of Machinery and Equipment Available" in order to detcnnin.e whether or not oon.~rs can adequately perfonn the necessary work. All equipment you anticipate to be CdiXkmitted to this contract, if llWBJ1ied, should be included in the listing. Past experience has shown that it is absolutely essential to have Qdequate backup equipment in reserve to allow for breakdowns. 11BEING AV AILABLE 11 shall be imolpreted to mean that the equipment is owned or UDder the control ofthe bidder submitting this Proposal. UNITS TYPE OF EQUIPMENT Please refer to "EQUIPMENT" In the attached. NAME OF CONTRACfOR West Coast Af'bo!ists.tnc. (Add other sheets as needed.) Insufticieut and/or lnadl!i!;l_ll$ equipment Ill! de.tcrmined by Public Wo:rks Director is cause for rejeotioJ;l. of my and all Proposals. A-39 Attachment 1, Page 56 of 70 ; QUALITY CONTROL .f.LAN The B'idder must submit a,Q.Uality Control Plan. with the Proposal. This should include; I. 2. 3. 4. The means ~e Bidaey will use for completing the;PtOjt!.Gt Effe;q.tive means of cOJ;rectUlg any problems. Identification of the entire SCOpe of the project to ilflldtiat~ that the Bidder is awiu'o of the range and extent ofthe contmol. fdentification of~~10 be uaea by~e ~i¥e;:in"l101ili~o~ o~residents of ·We worlc-in ~ neighqorhood andmonf.sp~rlicWly.ixi·t!e.·:Pad<.ways .in front of1heir rtspective resiliences. 5. · J<Jentification of'methedcilqgy to be use.d in bandl~g ccimpl~ fro'nl the publia.. ada damage to propccty diiri'ng tb.e perlon:nanco of'th.i.& ooritr8ct . ~ Ple~se r-ef~r to section "QUALITY CONTROL" in the at!ach-ed, ,. A-40 Attachment 1, Page 57 of 70 ~: ·. ... STATEMENT OF QUALIFICATION OF PERSONNEL It is the intent of the City of Laguna Niguel to hire qualified tree care professionals for the ID.8intenance of its UrbiiJl Forest. For this reason we are requesting evidence of training and/or certification ofTree Trimmers, Tree Workers. and stat! to be used on this project. Aie you or your staff a member of: I. The Western Chapter of the li):temation.al Society of Arboriculture? Yes X No .__ __ 2. The International Society of Arboriculture? Yes X No ·--- 3. Any other organization that helps train or keep currcot on up-to-date pmcticc:s of tree can: and/or Slboricultate? Yes X No '---- lfyes. please list organization( a). MSA, CaUFC, Street Tree Seminar, TCIA Please attach copies of certificates for personnel who would be wo:rking on this project. Attached. Descn1Je exOOti'cultu:te and/or tree maintenance .'fl'ainine provided to ~ Please see attached proposal. A-41 Attachment 1 , Page 58 of 70 SAFETY PROCEDURES Because of the risk of injury involved in tree mainte:oa:oce, the City of Laguna Niguel is concerned for the safety of Contractors em.ployees, as well as the public in general-with whom the Conlractot will be working around. 1. Ooes your company have 1m Injury and Illness Prevention Progrlllll (Plan) as required under SB1987 Yes X No . If yes, please descn'be the Plan/Program: PLEA§E REFER TO EMPLOY§; HANDBOOK 2. Does your Company have an active Safety program to promote and maintain high safety standalds? Yes }< No . If yes, please Clij)l$: WCA has In place a aefety pmg !Bril that Is ~mBftD W QUI Safe~ Manljlger. The pmgmm ls ajmed to prevent acddQnts. Jnoldents and to ma}ntaln a hlgb lave! of 4afe~ $laAd$ms . 3. Does yout Company provide .in-house training or allow employees to attend seminata on safety training? Y 6s X No . If yes. please explain: We provide In-house training on all face{! of our tree operations Including ohainsaw training. chipper Qperatlon, CIBRft B drMng, aerial ll{Jl apemtlons, em. 4. Docs your Company inspect your aerial towers each ye!ll'1 Yea .. X No li}'\'11. please eJ~plain: Yas~ we lnacect our aerial towers each ve~;r. A thln:f)arty perfotn)ed the Dlete.ctrtc testing go our behalf. S. Does your Company provide worke,r tra,ining in Electrical Hazard Awareness? Yes X No Ifyes,pleascexpl.ain: We trgln our field crews §leqtdOQ! Hqzard }\warenep so that they ara pre~md to ttlm adjaQ$!nt tQ elaofdcallioes, A-42 Attachment 1, Page 59 of 70 BUSINESS REFERENCES 1. Company NIIUle See aUached proposal pages 23 & 24 Address Phone Number Contact Person Dates of Contract .to 2. Company Name Address Phone Number Contact Pel'BOil DatesofContract 3. Company Name Address Phone Number Contact Person Dates of Contract to 4. Company Name Address Phone Number Contact Person Dates of Contract to 5. Company Name Address Phone Number Contact: Penon Dates of Contract A-43 Attachment 1 , Page 60 of 70 l.NTERNATIONAL SOCIElYOF ARBORICULWRE · CERTIFIED ARBORIST UTILITY SPECIALIST"' Kris 0. Burbidge Havtng succeufully completed the requiremena set by. the Arborist Certification Board of the futemational Society of Arboriculture, the abcwe named is hereby recognized a& an ISA Certified Arborirt ~p~:c/alis .... )1 .. ~ .......... 0! ...... laMIIoi!DN>I~ofA>loori"'l""" ~~ C<nir;..dan n...l, Choir lroCI'IIIIhln>IS..WofM>oii<UIIU .. WE~M Jon28,2012 Oeo31,201T ConlllaMm-<"...-lolf""" ..,..,...,...., A-44 Page 1 ofl Attachment 1, Page 61 of 70 Page 1 of 1 lNTERNATIONAL SOCIE1YOF AlmORICULWRE CERTIFIED ARBORIST"" James Working Having succesafully completed the requiremcnta .set by the .Aiborlst ~fication Board of the International Society of Arborlculture, the above named is hereby recogni'led as an lSA Certified~-- SI .. Slk!O......,..II!>fttDt r-..llo;lll!SoclcrrOt~ ~~ ' A-45 ·~ .. Attachment 1 , Page 62 of 70 Page 1 ofl A-46 Attachment 1, Page 63 of 70 fJ1ie Jll:merican Traffic SafetJ Services .9/.ssociation I -•. -... " - . . ... A-47 Page 1 of I Attachment 1, Page 64 of 70 CITY OF LAGUNA NIGUEL TREE~TENANCESERVICES SCHEDULE OF COMPENSATION Pursuant to and in compliance with Request for Proposals .relating to "TREE MAINTENANCE SERVICES 11 the undcndgned bidder, having become thoroughly fiuniliar with the tcnns and conditions of the Request for Proposal and Technical Specifications, and baving fully examined the tree population of the City of Laguna Niguel, hereby proposes llild agrees to fully perform the work as scheduled and iii strict BCGOrdance with the Request for Proposal BDd Technical Specifications, for the following charges: Indicate charges for work to be performed in accordance with the approp.riate tnmk diameter at breast height. Item. No. Description Bid 11em Price Untbl Annual Total Al TreePnmfug $ 10.00 100 $ 11000.00 0" to 6" (each_) QktendCdAmount) A2 Tree Pruning $ 64.00 100 $ 8,400 ,00 1" to 12" (each) · (Extended Amount} A3 Tree Pruriing $ 64.00 100 $ 8,400.00 13'' to 18" (each) ,..._ Amount) A4 Tree Pxuning $ M,OO 100 $ B,40[).00 19"to24" (each) (Extended Amount} A5 Tree Pruning $ 84.0Q 100 s .8,400.0!1- 25" to 30" (each) (Iixtended Amount) A6 TreePtuning s 64.00 25 $ 1,600.00 31'' and Over (each) (Extended Amount) A7 Tree .Removal and Stump Grinding $ 2~-QO nla Dla _{p_ei inch DB H) AS Stump Grinding Qnly $ 7.00 nla nla {per inch DSH) A9 Tree Removal Only $ 22.00 Dla n/a _(Q_er inch DBH) Schedqled Work Crew (3 Statl', Aerial Unit. Box Truck, $ 196.00 AlO Chipper. Cbllin Saws & (per hour) JJ}a nla Misc. Equipmep.t) Regular Business Houra Etttei'ge:aey Respons.e Crew (3 Staff, Aerial Unit, Box TNck. All Chipper, Chain Saws & , 255.00 Dla n!a Misc. EquipmCI'lt) (per hour) After HoW'!I, Week«<da & City Hollda~ A-48 Attachment 1 , Page 65 of 70 Item No. Descriotfon Bid Item Price Units Aanual Total T~e Planting (All Species) Al2 inclu.dlng Purchase & Planting of $ 140.00 n/a nil Tree, Tabs, Ame,ndments & Stakes (each) 15 Gallon Container Tree PlaQ#D,g (All Species) A13 including Purchase & Planting of $ 260 ,00 n/a n/a T~, Tabs, Amendments&. Stakes (each) 24" Box Container Container Al4 Amorist Reports $ 450.00 n/a n/a (Time & Document (ca.ch) A15 .Arborist Inspections s j20.QQ n/a n/a (Time Only) (per hour)_ SUBMITIED BY: FIRM NAME: West Coast Arborists, Inc. BUSThffiSSADDRBSS~--~22~00~E~·~V~ia~B~u~rton~---------------------­ Anaheim, CA 92806 TELEPHONE#: ~ .;;;;5.;;;;.2.;;..1-3.;;;..7,;._1:....:4 ______ _ FAX#: ill.!J. A-49 Attachment 1, Page 66 of 70 ·- •· . ·. ~ ... EXHIBIT ''B" SCHEDULE OF SERVICES . This is ail as-needed agreement. Accordingly, Con1raeter shall ·.p:erf0tm S~~jc.es on ,an ~~-. ·. needed basis upon receipt of a written task order :fi:0m City. ~ch ~kl 0to~r sb~ s~t forth tlj.~· ·scope of Services required to. be completed and the deadline for .Yompl~ti~n. ·coniraotm; sb.all comply with the terms of each task order in completing. SerVices in ·a :~el~ ·~d pxof~f onal tnantter. · / : ·.• ··. ·::. .· 6J 14 7~021 00\24512987.4 Attachment 1, Page 67 of 70 .. ,, .•. . . .. :::': \'. EXHIBIT "C,. COMPENSATION 61147.02100\24512987.4 . -\"' •: ... ... •> I Attachment 1, Page 68 of 70 ... __ , ..... . . CllY OF SAN JUAN CAPISTRANO TREE MAINTENANCE SERVICES SCHEDULE OF COMPENSATION Pursuant to and in compliance with the Request for Proposals relating to "TREE MAINTENANCE SERVICES" the undersigned bidder, having become thoroughly familiar with the terms and conditions of the Request for Proposal and Technical Specifications, and having fully examined the tree population of the City of San Juan Capistrano herby, proposes and agrees to fully perform the work as scheduled and In strict accordance with the Request for Proposal and Technical Specffh::ations, for the following charges: Indicate charges for work to be performed In accordance with the appropriate trunk diameter at standard height (DSH). Item No. Description Bid Item Price Units Annual Total Al Grid Tree Pruning $ 10.00 100 $1,000.00 Oto 6" DSH (each) (Extended Amount) A2 Grid Tree Pruning $ 64.00 100 $6,400.00 7" to 12" DSH (each} (Extended Amount) A3 Grid Tree Pruning $ 64.00 100 $6,400.00 13" to 18n DSH (each} (Extended Amount) A4 Grid Tree Pruning $ 64.00 +OO $6,400.00 19" to 24" DSH (each) {EXtended Amount} Grid Tree Pruning $ 64.00 100 $6,400.00 AS 25" to 30" DSH (each) ,(Extended Amount) A6 Grid Tree Pruning $ 64.00 25 $1,600.00 31" DSH and Over (each} {Extended Amount) A7 Tree Removal and Stump Grinding $ 29.00 n/a n/a (per inch DSH) AS Stump Grinding Only $ 7.00 n/a n/a {per diameter Inch) A9 Tree Removal Only $ 22.00 : n/a n/a {per inch DSH} Scheduled Work Crew (3 staff, Aerial Unit, Box Truck, $ 195.00 Chipper, Chain Saws, & Misc. ' (per hour) A10 Equipment) Regular Business Hours, n/a n/a Service Request Pruning, Extraordinary Tree & Stump Removal . Emergency Response Crew (3 Staff, Aerial Unit, Box Truck, $ 255.00 All Chipper, Shain Saws, & (per hour) n/a n/a Misc. Equipment) After Hours, Weekends & City Holidays C-1 Attachment 1, Page 69 of 70 ·Tree Planting (All Species) Including Al2 Purchase & Planting of Tree, Tabs, $ 140.00 n/a n/a Amendments &Stakes 15 Gallon Container {each) Tree Planting (All Species) including A13 Purchase & Planting of Tree, Tabs, $ 260.00 n/a n/a Amendments & Stakes (each) 2411 Box Container A14 Arborist Reports $ 450.00 n/a n/a mme & Document) (each) Arborist Inspections s 120.00 AlS {Time Only) {per hour) n/a n/a SUBMITTED BY: FIRM NAME: BUSINESS ADDRESS: TELEPHONE: FAX: West c;qgst Arborlsts. Inc. 12Q0 E. VIa Burton Anahefm, CA 9-2806 17:!:4) 991~1900 f714) 991.,-102'7 C-2 Attachment 1 , Page 70 of 70 AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. 1. Parties and Date. This Amendment No. 1 to the Maintenance Service Agreement is made and entered into as of this 15th day of May, 2018, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and West Coast Arborists, Inc., a California Corporation, with its principal place of business at 2200 E. Via Burton, Anaheim, CA 92806 "Contractor". City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled "Maintenance Service Agreement" dated May 3, 2016, ("Agreement") for the purpose of retaining the services of Contractor to provide tree maintenance and related professional services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the term for an additional two-year term beginning July 1, 2018, and ending June 30, 2020, and to increase the not-to-exceed compensation amount to $270,000 per fiscal year. The new term will continue with new rates of compensation adjusted and increased by 2.65% based on the All Urban Consumer Price Index (AU-CPI). All other terms and conditions will remain the same as noted in the Agreement. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections 3.1.2, 3.3.1 and 3.5.9 ofthe Agreement. 3. Terms. 3.1 Renewal T erm. The City hereby exercises its option to extend the Agreement for one (1) additional two (2) year term commencing on July 1, 2018 and expiring on June 30, 2020 ("First Renewal Term"), unless earlier terminated or further extended pursuant to the terms of the Agreement. Attachment 2, Page 1 of 4 3.2 Renewal Term Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered during the Renewal Term at the rates set forth in Exhibit "C-1" attached hereto and incorporated herein by this reference. The total compensation shall not exceed two hundred seventy thousand dollars ($270,000) per fiscal year without written approval of the City Manager. Extra Work may be authorized, and if authorized, will be compensated at the rates and manner set forth in the Agreement as amended by this Amendment No. 1. 3.3 Continuing E ffect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Attachment 2, Page 2 of 4 SIGNATURE PAGE FOR AMENDMENT NO.1 TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney WEST COAST ARBORISTS, INC. Signature Name Title Date Attachment 2, Page 3 of 4 EXHIBIT "C-1" FIRST RENEWAL TERM RATES Item No. Description Bid Item Price Units Annual Total Al Grid tree pruning 0" to 6" DSH -EACH $ 10.27 100 $ 1,027.00 A2 Grid tree pruning 7" to 12" DSH -EACH $ 65.70 100 $ 6,570.00 A3 Grid tree pruning 13" to 18" DSH -EACH $ 65.70 100 $ 6,570.00 A4 Grid tree pruning 19" to 24" DSH -EACH $ 65.70 100 $ 6,570.00 AS Grid tree pruning 25" to 30" DSH -EACH $ 65.70 100 $ 6,570.00 A6 Grid tree pruning 31" and over DSH-EACH $ 65.70 25 $ 1,642.50 A7 Tree removal and stump grinding-PER INCH DHS $ 29.77 N/A AS Strump grinding only-PER DIAMETER INCH $ 7.19 N/A A9 Tree removal only-PER INCH DHS $ 22.58 N/A Scheduled Work Crew (3 staff, aerial unit, box truck, chipper, chain saws, misc. equipment) Regular business hours, service request pruning, AlO extraordinary tree & stump removal-PER HOUR $ 200.17 N/A Emergency Response Crew (3 staff, aerial unit, box truck, chipper, chain saws, misc. equipment) After business hours, weekends & city holidays- All PER HOUR $ 261.76 N/A Attachment 2, Page 4 of 4