16-0503_WEST COAST ARBORISTS, INC._Maintenance Services AgreementCITY OF SAN JUAN CAPISTRANO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ~J day of U I 110 I , 20 16 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 ofthe 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
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with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. 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 Citv~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 of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this 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
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 this 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 true 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
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
performing 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
requirements (including in those verifications provided to the Contractor under Section 3 .2.1 0.2);
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 3700 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 .2.1 0.5 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 11portable equipment1
', 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 Nan-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
61147.02100\24512987.4 5
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 Minimum 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 of Insurance. 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 this 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
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 Insurance 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
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) 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(8).
(C) Workers' Compensation and Emulover'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 Coverages. 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 (1 0 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 Liability Policies. . If umbrella 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.
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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 .2.1 1.8 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, certified 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
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 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation
shall not exceed $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 described 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 seq., 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\24512987.4 10
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 fmished 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 ofthe request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole
or in part as provided herein, City may procure, upon such terms and in such manner as it may
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
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 Contractor's 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
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 Partv 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 Invaliditv; 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
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 Costs. If any action in law or equity, including 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 this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.17 Counterparts. 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
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND WEST COAST ARBORISTS, INC.
~ WI'INESS WHEREOF, the Parties have entered into this Agreement as of the
'?;ffi day of May, 2016.
CITY OF SAN JUAN CAPISTRANO WEST COAST ARBORISTS, INC.
Approved By:
Signature
Name
Title
Date
~) c · ttomey
61147.02100\24SI2987 .4 15
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN 'l'BE CITY OF SAN JUAN CAPISTRANO
AND WEST COAST ARBORISTS, INC.
IN WI'INESS WHEREOF, the Parties have 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 Fonn:
City Attorney
61147.02100\24512937.4
RISTS, INC.
President
Title
4-12-2016
Date
15
· ".:;~'*"""·$~~ · .. ·c,.;;:-;r .. ~ ., .
EXHIBIT "A"
S.COPE OF SERVICES
... ,.._ '""f
!~''::, ~ .... .,.
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.;_~·-> ....
.. ~JJ47.9Zl00\24512989 .4
TECHNICAL SPECIFICATIONS
TREE MAINTENANCE SERVICES
SCOPE OF SERVICES
The co~tor shall provide the following services and meet the following specifications:
1. llequirM' Qualifications
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. Contractor must have satisfactorily completed at least five (5) separate and
:individual Southern California municipal tree maintenance projects in the last
five (5) years.
d. Contractor must submit a Quality Control plan at time of Proposal subn:P.ssion 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 ·~~ and efficient means o:t identifying and correcting problems :fur all
opemtions throughout the term of this project.
e. CQntractor must submit annually, prior to contract execution and/or contract
renewal, cuuent OSHA certification of all aerial devices and the most recent
California Highway Patrol Commercial Vehicle Inspection report for equipment
to be used for this project
2. ~gtiHfCSJl'R@t . f)cYI A p pL. J ~t-t? LQ_
..a. 'F.he-:in.i$1:-length.~f~~en,t-shall-be-frem-1he-date-o~~
~ tiGnal~
b. The ;t)ifeet~~~ent~ncHhe~~
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..Q.ptiQUal~n.~~-llllen ~by; ill-& Ceatm~~
~&ementh1the Gity~pr.iorto ... ~~ktafhlkrv.~nJIDUal
'COntract e~:nsiott
·d. Co~~~'1l~~~~
-tkee-@;}y~~em-and-tw~n1ta~~-through.-.Tuae3f4
~
A-1
3. Services to be Provided
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 of Hazardous 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 fuventory 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 conform to the latest edition of Pruning Standards of the Western
Chapter ISA and these specifications. fu all cases the Director of Public Works, or
his designee, shall have complete and sole discretion in determining conformance
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 d.uti to famjiiarize.and fuiJY-acquamthimself7herseif W!lli the ----
conditions and possible difficulties associated with the performance 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 oflack of knowledge of the site and /or conditions under which
work will be ~complished.
A-2
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 should be understood that this project is not solely "section'' or "block" type tree
trimming.
5. Definitions
a. Where "as directed11
, "as required", ''as pennitted", "approved", "acceptance", or
words of similar importance are used, it shall be understood that the direction,
requirement, permission, approval or acceptance of the Public W orlcs Director is
intended unless otherwise stated. As used herein, "provide" shall be understood to
mean "provide complete", "in place", "this is11, "furnish and install11 ; the work
11 site11 as used hereinafter shall be understood to mean the location receiving the
service. The use of the word "Director" shall be construed to mean the Director of
Public Works, or his delegated representative(s). The use of the word
"Contractor11 shall be held to mean the Contractor and/or any person employed by
him and working under this contract.
b. The use of the words "shall" and 11may" shall be held to mean "mandatori' and
"permissive" respectively. The use of the words 11his11 or "him11 shall be construed
to mean either gender, as appropriate.
c. The following are defmitions for tenus used in this project:
--------
1. :Branch Collar shall mean wood tissue ridges that form around the base of
a branch between the main stem and the branch usually as a branch begins
to die the branch collar begins to increase in size.
2. Block Tr,im shall consist of a group of trees to be pruned in a localized
area as defines by the Director.
3. ~ shall refer to the new growth made by the cambium layer around all
ofawouna ··-·--··· ........ ~·-· · .... ---·-· -------.. ·--·
4. cambi1ltil 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
7. The Cut shall mean the exposed wood area that remains after the branch
has been removed.
8, Cut Back Dr0p 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 System shall mean the main trunk system of the tree.
14. Pre~cut or Pre-.cutting shall mean the removal ofthe 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.
'--·-2rJ:·~· 'TlliiiiiiiigOi.itslirur·m.e·antlie removal· of' live branches· to-reduce. wmd"' --. ·-·-····---
resistance and to create more space.
21. Topping see Cut Back.
22. Tracing: -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
23. Trimming-see Pruning.
24. Inspector shall mean the duly authorized representative of the Director of
Public Works Department who shall monitor the contractors progress
within the Urban Forestry project area he/she is assigned to.
25. Trash and 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 Trimming 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 and 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
--··-·-conaitions· To-·uiiliViduaiS, --randscapef--Sfriicfuies; oostiCles~or pii:v.ate-------·-
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 11 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
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 contractor's 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
I. Root pruning consists of cutting the roots vertically along a straight, linear
plane, usually along the curb and sidewalk to an 18" depth. Root pruning
is done to prevent further damage to infrastructure and/or private property
caused by stuface 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 with 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 minimum of eighteen inches (18")
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, structures1 obstacles,
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
Tree 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 Enclo~ure
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.
i. Emergency Work Charges
Emergency work charges shall 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. Hourly 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 storm damage. This work shall occur during normal
working hours
6. GENERALTREEPRUNINGREQ~NTS
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 clo!iure can
readily start under normal conditions. Clean cuts shall be made at all times.
1. Removal of Laterals
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 ouf' terminal portions of branches by cutting
terminals back to laterals. (The basal diameter of the remainfu.g
lateral should be 1/3 the diameter of the terminal being removed).
Remove numerous small terminals and laterals rather than taking
out a few large ones.
A-7
b. Size Reduction takes out portions of the crown for height, remove
terminals back to 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 terminals, 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
··--------------------branclres;--ur those tha:t'"nm· a:ga:inst the· generat-·branohing-
pattem, should be trimmed for better balance and shape.
(This does not mean the tree must be made perfectly
symmetrical: asymmetry as such can be both attractive and
safe).
A-8
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. General Palm Trimming Requirements
a. All work shall be done in accordance within the following guidelines:
1. Live fronds shllll be removed a.s 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 solllld, 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 these trees trimmed for a period of thirty (30) days
following said trimmings.
6. Climbing spurs are not to be used when triinming trees, because of the
damage caused to trees. Under special conditions, the Director may
·-----··--oonsitler tlie use 'of Cliiiiliiiig spiirs: .. The request-iriu8t be iii Wiilliig -an_-u--· -·
there is no assurance that permission to use climbing spurs will be granted.
7. The work shall include daily clean up and disposal of all branches, fronds,
stubs, twigs, leaves and other debris resulting from the trimming
operation.
A-9
8. Tree and Stump 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 11
) 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 cleanup 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 1-800422-4133. Contractor shall make sure
' "-. ------· -Ufffities are fooated lll the ~aiea. and arrange his work-soas" not to damage 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
c. Extreme care should be taken to prevent damage to landscape, 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 sprinkler 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 of their 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 during 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 performance of
this contract
e. Upon submission of each monthly invoi~e during the term of this contract, the
contractor shall submit to the Director 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
.. ,. ____ Q.a.~~~~~~ and_ in<?l';l~~-t~e fo~~~
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.
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11. Assmnblv Bill 73
a. The Contractor shall comply with the requirements of Assembly Bil173. The law
sta,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:s 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 LIABILITY
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 replacement 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 immediatttly after damage or alteration
occurs. Deductions shall be made from the Conttactots payment in the amount
necessary to compensate the City for such repairs in the event such repair work is
done by City forces or another source.
c. Irrigation damage shall be repaired or replaced within the following 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', groundco:Yet
1
;~bs or 1rees shall b~-repaired or repl~ed ·---
within 48 hours.
1. Damage to turf shall be repaired by replacement with the appropriate
variety of sod; reseeding shall not be considered as an adequate repair,
Prior to trinnning 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
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 burn or
compaction. Any physical damages incurred 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 checked 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.
f. All work shall be inspected, verified, and completed to the satisfaction of the
Director1 or his authorized representative.
13. UNAUTHORIZED REMOVALS
Unauthorized tree removals will incur the following penalties~
a. -Ti'D.der fFdiiD.nete~ ...................... ::.::=:.:~~ .... $-I,2oo.oo ·
b. 1211 to 3611 diameter ........................................ $ 2,400.00
c. 3611 diameter or greater. ......................... , .......... $ 3,600.00
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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. INSPECTIONS
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 oe back charged at the hourly rate, including travel time, for all
members of the team of inspectors involved.
16. HAZARDOUS CONDITIONS
a. It shall be the Contractor's respon.,<ribility 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
____ 1--=-inu_'ted._to, fi!!~. h~l~s in iandsca~Yd. .. '!~~? .. ¥~ bani~~ .2I. _t:r~~ ~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·
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 pe-rform 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 work; furthermore, to accept the sole responsibility for complying with all
local, County, State or other legal requirements 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 harmful acts are observed or
reported relative to the performance 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 waming signs as deemed necessary by
the Director. The Contractor rpust abide by the provisions of the "2012 WORK
AREA TRAFFIC CONTROL HANDBOOK" published by Building News1 Inc.,
1612 S. Clementine St., Anaheim, CA 92802, (800)873-6397.
d. High Level Warning Devices provide &dvance 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 Warning
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 wammg. sigils are intended to be permanently mounted to the High
Level W aming 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!Plge material with black lett~ring.
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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 performed 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 1/2 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. CONTRACTOR 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 Contractor1s employees to ensure 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
____ 'Y.Q.~g ~*-~· Jl!~?_t? ~~ Qi.!$}9:?!1)" w:~ ]J.QQ~, a.IJ~ oth~r g~~I r~1:n:: s.w~ ..
Safety Regulation, and proper wearing of the clotlring. Shirts shall be
worn. 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
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 commurrication 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 toll-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-INTERFERENCE
Contractors shall not interfere with the public use of the premises, and shall conduct their
-----· · -·-· up-eranons-s'O· as to ·offer' tlrtr"least p<:5SSible -ot>strtrctto:rrand ·m:con:V'eilience to tb:e pub fur;··
nor disrupt the peace and quiet of the area within which the services are performed.
23. PARKING
a. Contractors shall park his vehicles and equipm<mt within designated parking areas
or in such a location to insure normal vehicular traffic.
A-17
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, r:tnd other debris generated from their
operation, 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 UTILITIES
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 StandruX! Institute, Z133.1-1988, 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 tp.e 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 UNO p .ARKING11 SIGNS
a.
b.
c.
During tree trimming oper~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 an.d maintaining temporary "No Parking" signs
shall be incJ~ed i~ !he_ v~~us bl_di_t~ms an~ftl~_Qontra()t_~r shall be~~.!!£.
additional compensation for performing this function,
''No Parking11 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 backgrOlmd.
A-1tl
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 Services
Director prior to placement.
d. The following information will appear on each posted "No Parking" sign:
e.
f.
g.
h.
i.
j.
k.
L "Temponuy No Parking", "Tow Awayu, "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 as 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 501 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~d or tree within the parkway, except that in the
--~sence ofsu9h !!ems,~~@~ :n!-!lY~~ ~~ached t~ traf!I~-~~~~<i;~s._ _ _ _ ______ ·-
27. REMOVAL OF BRUSH, DEBRIS AND ALL EQUIPMENT
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
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 during 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 withln 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. EXTRAOl.IDlN:ARY 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 Contractor. shall notifY the Director of Publi~ Works or 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 Q9mpe:nsated for extraordinary work as defmed in the
Schedule of Compensation.
A-20
b. In 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 carry 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 and 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 arrives, the
Contractor shall qmckly evaluate the situation 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.
1. City Manager
2. Assistant City Manager
3. Director ofPublic Works
4. Director of Parks and Recreation Services
5. Orange County Sheriff Department
6. Orange Col,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
Orange County Sheriff Department (Di~patch) ........ (949) 770-6011
Orange ~~unty ~heriffpep~e~t @:n!er$~~): .. ·-··-..... , ........... 911
30. ;EXECUTION OF CONTRACT
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
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. COMP}!jNSAT!ON FOR TREE 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. METHOD 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 genemted,
where it was disposed of, and how much was recycled.
6. The monthly invoice should also include the tree inventory database
update for all trees serviced and billed during the month. The tree
inventozy database shall be in the fonnat submitted in the Proposal by the
. Contractor and a~cepted by th~-City, ~~ ·-·-. . --
33. DISCREPANCIES GR OMISSIONS
a.. Should a bidder find discrepancies or omissions in the plans, specifications or
other documents, or be in doubt as to their troe meaning, he may request a written
interpretation :from the Director of Public Works.
A-22
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. CONTRACTORNONCOI\m-LIANCE
a. If the Director detennines 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 detennined 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:
1. Deduct from the Contractor's payment the amount necessary to correct the
deficiency, including City overhead.
2. Withhold the entire or partial payment.
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 an
adjustment of payment to the Contractor to recover City of Laguna
-Niguel coscau.e ·to· file ·fat1:t:ire-of tlie confrietor 'to eom.Plete 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 Conttactor, interpretation of the
specifications, and compensation to include completion of work by
alternate sources.
A-23
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. l'.AYMENTS WITHHELD
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 Controotor 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. WITimELD CONTRA.CT FUNDS
The Contractors may, at his sole cost and expense, substitute securities equivalent to any
monies withheld by the City to insure perfonnance under the contl'&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 shall include those listed ill Public Contract Code Section 22300.
38. CONTRACT TERMINATION
a. The City reserves the right to terminate the contract, without penalty, for cause
immediately or without cause after thirty (30) days written notice thereof is
deliveye<f t~ {he d;mtractQr either personally or_ by mail addressed __ ~.S sh<?wn_l)!l fu.e purohise order":foi.ill:--. . .. . . -
b. In the event of such tennination, the bonds required shall remain in effect for six
(6) months after the date of termination to provide surety 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 may at its option terminate the
A-24
balance ofthis 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. COJ.\IlPLAlNTS FROM ClTY
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 withjn 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 HARMLESS AND CITY INSURANCE REOtllREMENTS
a. Contractors shall indemnify, hoid harmless, and defend the City of Laguna
Niguel, the Public Works Department, 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 performance of the
Contractor pursuant to this Agreement, and reimburse the City for all costs and
expenses, including reasonable attorneys 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,
for claims for bodily injury, death, or property damage which may
8.ifSe from the performance-of the-Contract. Such i:i:is"Urance shill
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 combined single limit Such
A-25
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 Contractoes 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, ofthe 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. CeveragePrlmary ..
The Contractor's insurance coverage shall be primary insurance in
respect to the City, its 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. I'tls.ur.aneeto Apply Separately to Eaah Insured:
d.
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.
Notice of'Cancellation.
·Each -1nsurance -certificate. reqllked-by this Agreement shall be .
endorsed to say that the coverage shall not be suspended, voided,
canceled, or reduc{Xl in coverage or limits except after thirty (30)
days written notice by certified mail, r~turn receipt request, has
been delivered to the City.
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e. Ratingoflnsurer.
Insurance is to be placed with insurers with a Best's rating of no
less than A:VIU, l!nless otherwise agreed to in writing by the City.
f. Signature of Certificate.
A person authorized by the insurer to bind coverage on its behalf
shall sign the certificates and endorsements required hereunder.
g. General Aggregates.
Except with regards to Worker's Compensation Insurance, if any
form 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 limit
41. INDEMNIFICATION
a. Contractors shall act under the contract as an Independent Contractor through the
City of Laguna Niguel and will not be an agent, or employee of the City.
b. Contractors shall not represent, or otherwise hold out 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 harmless the City, its officials,
officers, Directors, Employees, Agents and other representatives, from all liability,
loss, or damage (including reasonable attorney's fees and other costs of defense
resulting from damage or injury 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 Contractor's performance under the contract).
d. The parties agree to cooperate fully in the resolution of any claims for such
liability, lolls or damage.
42. ASSI~QF.gQNTRACT
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
previous consent in writing of the City. If the Contractor, without such previous ·-····-·wn:tten oo:tlsent, assigns, t:iinsfers, conveys, or othill:Wise dlsposes of the contract,
or of his rights or interests therein, the contract may, at the option of the City, be
terminated 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 transferee. 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 cons~nt of the City of Laguna Niguel.
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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 of the Corporation, partnership or joint venture.
c. The Contractor shall not employ any subcontractors unless specifically authorized
by the City of Laguna Niguel
43. COMPLIANCE WITH THE 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 License Board shall prevail. This requirement is not a mere
fonnality, 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. Section 1776, Chapter 1 of Division 2, from the California 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.
b. 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.
c. Pursuant to Labor Code Section 1778.8, the Contractor agrees to pay travel and
subsistence payments to each wmkman needed to execute the work in accordance
with the applicable collective ~gaining agreements filed with the Department of
Tndustrial Relations.
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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 shari 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 PROVISION
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:/Jwww.dir.ea.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 1~ 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.
:Pmsuant to proVisions of LabOr ·c-ode Section 1775, the co""D.tractor shall forfeit, a~ -
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.
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c. J{ours of Labor-Eight (8) hours of labor shall constitute a legal day's work for
all workman employed in the execution of the contract, and the contractor and any
subcontractor under blm 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 amended.
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 Subsistence 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 fue Department of Industrial Relations pursuant to Labor
Code Section 1773.8.
Worker'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.
APprentices-Pursuant to Sections 1777.5 and 1777.6 of the Labor Code, and in
acco,rdance 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 training 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
······· apprentiCeS" or' tlie ratio of apprentiaes"to joumeyrUen fixed k'tli.e 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 suboontractor shall contribute
to said fund or funds in the same manner, amount or upon the same basis as the
other contractors do.
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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 determination 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 DISCRlMINATION
a. Attention is directed to Section 1735 of the Labor Code, as added by Chapter 643,
Statutes of 1939, which reads as follows:
1'N o discrimination shall be made in the employment of persons upon Public
Works because of the race, religion, 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. APPRENTICESHIP 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 incotporated in, the work
50. ANTI~TRUST CLAlMS
---------·metitenrig mto aPU"Qlic· Works contract, or a s1i&contraet" to supply. goods; semces, or-. -
materials, pursuant to a public wotks contract, the Contractor or Subcontractor offers and
agrees to assign to the awarding 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
the time the awarding body tenders final payment to the Contractor, without further
aclmowledgment 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 communication 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 paragraph.
d. Address for notification:
City of SanJuan Capistrano
Public Works and Utllitles Department
Attention: Steve May, Director of Public Works and Utilities
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
E-mail-smav@sanluancapistrano;org
A-32
PREPARED SOIL MIX
(Sf.ZI;T08E3X
ROOllWJ.I'IlaTllllll!F.
SOII.AAEJ>AIIA"IION ON
STOPLAfolll2fl
ENCLOSURE2
SlOPE Pi.JWTING
SI.OI'E PLAKTING l_lfiALt fUCI..IIllllAC:ot.1BIN.I\11QN ~ TRE!'S, sHRUfllt
SIJBSHFIURS,AN0~001/11AA
nes TO BE LOCA.TED ABOVE FIRliT
&E~O ~lTHETRUNK USE SOFT,
PLW!!.E TftEE TIES
INSTAlL STAKE AND TIE ON11iE
WlNPWI\RD SlOE IN UNDISTURBED SOIL
.-CITY. OF LAGUNA. -NIGUEL Ol_re..;"_to;,...r...::::;.:_Pu.:.·b-li..::-w--~-;-k~------n;;t;' PUBLIC WORKS DE:PARTME"lT
A-33
SHRUB AND TREE
SLOPE PLANTING 615
TOP OF ROOTBALLIS TO BE PLACE:D AT
11/Z' AI!OVE FINISH GRADE. 1HE FJNlJSH---
GIIAOE JS TO BE LEVEL WITH
CONC. CURB OR SIDEWAll<.
IWSE ROOTaALL11f.l'\.----""
ABOVE GRADE.
nooO Tl'l~ ROOT ZONE AI' TER
PlAiffiNG TO REMOVE AIR AND SE:mE
SOIL.
PREVAILING WINO
TIES TO BE LOCA TEO ABOVE FIRST
BEND IN THE TRUNI(. USC SOFT,
PUABLE TREE 11ES.
2'0 X 10'TREATEO LODGEPOLE STAKES
INSTALL STAKE AND TIE ON 11£
WINDWARD SIDE IN UNDISTURBED SOIL
1'11\TIVE SOIL BACKFILL
li'ISTALLSTAKEIIffO
UNDISTURBED NA11VE FIRM SOIL
~X RDOTBAtl DIAMETER
{BO' \o';H~I;E ?OSSIBLE)
ALL STREET TREES 'Mll BE LOCATED IN f-lEl.D SV Clrf REl'RESEHTA11VE ACCORDING TO ll!S FOI.lOWING:
1, 5'FROIIIHYOJVHTS,
l. 11>'FROM ST~EET UGHTS.
3, 6' FROIII RESIPEN'TIALANP
INOIJSTRIAI./COMMERCIAI. DIJ.M2NAY.
4. 65' FROM STREET ·eaRNERS ~. 4!'FI!OI4 UTlLITY~IHINESAND UNPERGROUNil
V,IUI.T.II AND IIOXI;S.
6, STREel'TRE!!S·~TQ!IE CENTERED IN
LANPliCIIPl!'I'A!'!KWAY,.UNLESS OTHERWISE
SP ECII'IEillll JWP'tli lii.AN.
Director of Publle Wt>rks
CITY OF LAGUNA NIGUEL
Dotq: 1---__:_PU=.:B=.:U=.:C:......:.W:.:O::..:R::..;KS::......:D;.:E;.;..P;_;AR;.;..T::..:M:.:E::..;NT,_ _ __,
A-34
--·STRE:E:T -TREE PLANTING"
(TURF PARKWAY)
613
1 of 2
PUBLIC WORKS CONTRACTOR REGISTRATION CERTFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish
to bid on, be listed in a bid proposal, or enter into a. contract to perform public work must: be
registered with the Department of Industrial Relations. See h:tto:f!WWw.ditt.ea;gov/Publia-
Works/PublioWorlcs.htmlfor 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
work.
Bidder hereby certifies that it is aware of the registration ~ set forth in Labor Code
sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of
Industrial Relations.
Name of Bidder: West Coast Arbortsts, Inc.
DJR.Regis1Iation Number: 1000000956
Bidder further acknowledges:
I. Bidder shall mahtbtin a current DIR registration for the duration of1he project.
2. Bidder sha.llinclude the xequ.irement11 of Labor Code sections 1725.5 and 177l.lin its
contract with subcontractors and ensure that all sub!;~ 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 xeqpirements may result
in a finding that the bid is non-responsive.
:::Broder. RJ~"L;onms, Inc.
Name: Patrick Mahoney.
Title: 'President
Dated: 8/14/15
A-35
CALIFORNIA STATE CONTRACTOR'S LICENSES
The undersigned bidder i& licensed in accordance with the reqtlitements of the State of
California.
Con~~sU~eNum~~·----~-6_7_64 __________________________ ___
~mrtiDnDare$~ __ 1_~~1_n_o_1a ________________________________ _
aumfi~~:. _____ c_~_1_/_04 __ 9,~~--27 ____________________________ ___
hwedon~ ___ D_e_cam __ b_e_r_1~3·------------~19nt
Individual/ Firm Nante ·------------------------------~--------
Co~sU~Nmnb-~·------------------------------------
Ex~oo~~·-------------------------------------------
a~~n~:·------------~----------~-------------------
hs~o~----------------------~__.19 __
(Attach~ to this form • phO.tooopy of con1nlctors lkense(s) and submit with Proposal
documents)
www.colb.OII.!IO\' •
A-36
STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is requfu:d to state what work of a similar scope in the Proposal he has successfully
perfooned, especially for municipalities. Reference projects that will enable the City of Laguna
Niguel to judge responsibility, experience, ~ business and financial standing. Detail any
involvement, past or current, relative to litigation concerning Bidder's performance.
Please see attached.
o Use additional sheets and attach if necessary.
A-37
BIDDER•S STATEMENT OF
PASTCONTRACTD~QUALDnCATIONS
The Bidder is required to state any and ell instances of being disqualified, removed, or otherwise
prevented from bidding on. or completing any, contract for tree malntenan_ce services.
1. Have you ever been disqualified from any contract?
Yes No.---'X~--
2. If yes, explain the circumstiUlces:
~ . Sign~
Patrick Mahoney, President
A-38
LIST OF MACHINERY AND EQUIPMENT AVAILABLE
Proposal shB1.l include a completed 11List of Machinery and Equipment Available" in order to
determine whether or not COJitr~ct~" can adequately perfonn the necessary work. All equipment
you anticipate to be cOtnmitted. to 1his contract, if awarded, should be included in the listing. Past
experience has shown that it is absolutely essential to have adequate backup equipment in reserve
to allow for breakdowns.
"BEING AV A1LABLE11 shall be interpreted to mean that the equipment is owned or under the
control of the bidder submitting this Proposal.
UNITS TYPE OF EQUIPMENT
Please refer to "EQUIPMENT" in the attached.
NAME OF CONTRACTOR West Coast Arborisfs. Inc.
(Add other sheets as needed.)
Insufficient and/or im1dequate equipment as determined by Public Works Director is cause
for rejeotiol;l. of any and ail Proposals.
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}-··
QUALITY CONTROL PLAN
The Bidder must submit a Quality ContrOl Plan with the Proposal;
This should include:
1. The means the Bidd~ will use for completing the' project.
2. Effective means of~ any problems.
3. Identification of the entire seope of the project to ill$tiatt;; that the Bidder is
aware of the range and extent ofthe contract.
4. Identification of~@l~gyiO be used byipe ljjq<i~·in1lotjfication ofresicients
of tree worldn: ~ neighl;orhood and more:speQfiically:intlie·-parkways in front
of their J:espective. residences.
5. · lden1ification ofmet:hodol<:.gy to be used in handling compltQnts :from the publie;. ana damage to property drlrlng the peifurmance oft1ri$ con:frilCt.
Plea,se refer to section "QUALITY CONTROL" in the a~chsd.
A-40
STATEMENT OF QUALIFICATION OF PERSONNEL
It is the intent of the City of Laguna Niguel to hire qualified tree care professionals for the
maintenance of its Urbltll Forest For this reason we are requesting evidence of tndning and/or
certification of Tree Trimmers, Tree Workers. and staff to be used on this project.
Are you or your staff a member of:
I. The Western Chapter of the International Society of Arboriculture?
Yes X No ~--
2. The International Society of Arboriculture?
Yes X No ·---
3. Any other organization that helps train or keep cUII'CIIt on up-to-date practices of tree care
and/or !ll'horlcultate?
Yes X No ·---
If yes. please list organization( a).
MSA, CaUFC, Street Tree Seminar, TCIA
Please attach copies of certificates for personnel who would be working on this project.
Attached.
Describe axborlcultore and/or tree maintenance :training provided to staft:
Please see attached proposal.
A-41
SAFETY PROCEDURES
Because of the risk of injury involved in tree maintenance, the City of Laguna Niguel is
concerned for the safety of Con:lx1otors employees, as well as the public in general-with whom
the Contractor will be working around.
1. Ooes your company have !lO Injury and Dlness Prevention Program (Plan) as required
under SB198?
Yes X No . If yes, please descn'be the Plan/Program:
PLEASE REFER TO EMPLOYS§ HANDBOOK
2. Does your Company have an active Safety prognsm to promote and maintain high safety
standards?
Yes X No Ifyes, please ~1.$:
WCA bas In place a safety pmgtvm that Is ~mean w pur Saiti;V ManEJge"' The
pragmrn 1$ aimed to Ptevant accld$lbi. lnokJWJbl and to maintain a high laval of
#fef¥ ~dams ..
3. Does your CQIJ,~pany provide in-house training or allow employees to attend seminars on
safety training?
Yes X No Ifyes.please explain:
We provide in-house training on all facew of our tree operations Including
gbafnsaw training. chipper QpBration, Class B driving, aerial IJfft operatlpns, etc.
4. Docs your Company inspect your aerial towers each y~
Yea .. X No . . lfyes, please eJq)lain:
vas, we Inspect our aerial towars B§Ch Y§!f. A third_party p~rformed th!ll Dtetedtfc
testing on QJ.lr behalf. .
5. Does your Company provide worker tm,ining in Electrical Hazurd Awareness?
Yes X No_ If yes, please explain:
We nin our fi~ld crews t;fec;tric@! HfWm.f Awareness sp that {bey am pre~rad
tQ tdm @dja~nt 19 electtlqal lines.
A-42
BUS~SSREFERENCES
1. Company Name See attached proposal pages 23 & 24
Address
Phone Number
Contact Person
Dates of Contract to
2. Company Name
Address
Phone Number
Contact PeNOn
Dates of Contract to.
3. Company Name
Address
Phone Number
Contact Person
Dates of Contract
4. Company Name
Address
Phone Number
Contact Person
Dates of Contract to
5. Company Name
Address
Phone Number
Contact Person
Dates of Contract to
A-43
l.NTERNATIONAL SOCIElYOF ARBORICULTURE
CERTIFIED ARBORIST UTILITY SPECIALIST"
Kris 0. Burbidge
Havfng successfully completed the requiremen~ set by: the Arborillt Certification
Board of the International Society of Arboriculture,
the ahcwe named is hereby recognized as an ISA Certified Arborist U
C<nifi<odan 0....,!, Ch•lr
'"'""""'"""' Sook<Y of Al>ori<UIIU..-
WE~M Jon 28,2012
A-44
DeaS1, 2D1T
..,.. ....... u.
Page 1 ofl
lNTERNATIONAL SOCIIDY OF .ARBoRICULTURE
CERTIFIED ARBORIST"
James Working
Having succesafu.Ily completed the requirements set by the .Arborist ~fication
Board of the International Society of Arboriculture,
the above named is hereby recognized as an ISA Certi:fl:ed ~:
Jla>SQcjji; E>ooi•IIIYdlf-'-~Sociat~~ ~~
~~
~Soeltcr<>fMxuJ<ul-
W!i-1882A J!11130, 2000 Jun30;:zota
• 1.\-45 .......
Page 1 ofl
Page 1 ofl
A-46
fJ!ie !llmerican fJfafjic Safety
Services .9lssociation
'i1iis {s to certifi.J tliat
··Charles· Worklna ba$·demo~8111~ Jm~ -.r.jtlo·atan<la'*' nJlld!JIIntJil.~d pt'8C(k:ea oflni!IIG ~-tn '~ l:c!riM!.clllin .~:~~;~ ~ -~ -~ cQmplQfeQ all the
ro<\~m~ 4f: lba. M.lerl_ can Tr.dlfci~. _ . .:;5,~~ P,togram· fo lhfslltliJ$fecllon of the
c&rlltieaiiQn Board: lsil\ls.tlilta·:&.Wllflted'l.hll>~•JUI!"IJ Of: ·
-Tndfic Cot\t"rol· te6hnician
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Page 1 o:fl
CITY OF LAGUNA NIGUEL
TREEMUUNTENANCESERVICES
SCHEDULE OF COMPENSATION
Pursuant to and in compliance with Request for Proposals relating to "TREE MAINTENANCE
SERVICES 11 the undersigned bidder, having become thoroughly fiuniliar with the terms u.nd
conditions of the Request for Proposal and Technical Specifications, and having fully examined
the tree population of the City of Laguna Niguel, hereby proposes md agrees to fully perform the
work as scheduled and in strict accordance with the Request for Proposal and Technical
Specifications, for the following charges;
Indicate charges for work to be performed in accordance with the appropriate trunk diameter at
breast height.
Item No. DescriJ)tion Bid Item Prlce Units Annual Total
Al Tree Pruning $ 10.00 100 $ 1t000.00
O"to 6" (each) (Extended Amount)
Tree Pruning $ 64.00
100 $ 6,400,00
A2 7" to 12" (each) (Extended Am.oun!l
A3 Tree Pruning $ 64.00 100 $ 8.400.00
13'' to 18" (eac.h) . (EJrtended Amount)
A4 Tree Pruning $ 64,00
100 $ 6,4tJO.OO
19" to 24" (each) . (Extended Amount)
AS Tree Pruning $ 64.0Q 100 $. 81400.00·
25" to 30" (each) (Extended Ami>Wt)
A6 Tree Ptuning $ 64.00 25 $ 11600.00
31" and Over (each) (Extended.Amoun!)_
A7 Tree R,emoval and Stump Grinding $ ~~-QO nla nla (per inchDBH)
Stump Grinding Only $ 7.00 nJa n/a A8 {per inch DSH)
A9 Tree Removal Only $ 22.00 n!a n/a (per inch DBID
Scheduled Work Crew
(3 Staff, Aerial Unit, Box Truck, $ 195.00
AIO Chipp~ Chain Saws & (per hour) nla. nla
Misc. Equipmep,t)
Regulfil" Business Hours
Em~geney Response Crew
(3 Staff, Aerial Unit. Box Truck,
Chipper, Clurin Saws & $ 255.00 nla nla All Misc. EquipmeJlt) (per hour)
After Hours, Week<mds &
City Holida~
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Item No. Description Bid Item Price Units Annual Total
Tree Planting (All Species)
Al2 including Purchase & Planting of $ 140.00 n/a nla Tree, Tabs, Amendments & Stakes (euch)
15 Gallon Container
Tree Planting (All Species)
Al3 including Purchase & Planting of $ 260.00 nla n/a Tree, Tabs, Amendments & Stakes (each)
24" Box Container Container
AI4 Arborist Reports $ 460.00 nla nla (Time & Document (each)
Al5 Arborist Inspections $ 120.00 n/a n/a (Time Only) (per hour)
SUBMITIED BY:
FIRMNAMB; West Coast Arborfsts, Inc.
BUSINESS ADDRBSS~ _ _...;;;22=..;:..00.::......::::E;:.... V..::..ci=a-::B:c.;;;u"'"'rtono=.:.. __________ _
Anaheim, CA 92806
TELEPHONE#: ( 800) ...::5.;;;:.2..::..c1-3..::.7.:....1:.....:4 ______ _
FAX#: ill..4..l 991-1027
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EXHIBIT "B"
SCHEDULE OF SERVICES
This . is an as-needed agreement. Accordingly, Contraetor shall; ,p:etf@J:m S~rti.ces: on .an, ast· .
needed basis upon receipt of a written task order frem·City. Such '4lsk or1fershaJl set fotth ttte·
-scope of Services required to be completed and the deadl:i:ne for. coin;pl~tl()n. ·Gontl:aotor.shall
comply with the terms of each task order in completing Services i:r:t a t1rnhly an.d profes'sional
manner.
6}147~02100\24512987.4
.: •:-t
61147.02100\24512987.4
EXHIBIT "C"
COMPENSATION
''-t-o..,.
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 Specifications, 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)
Grid Tree Pruning $ 64.00 100 $6,400.00 A3 13" to 18n DSH (each} (Extended Amount)
Grid Tree Pruning $ 64.00 100 $6,400.00 A4 19" to 24" DSH (each) (Extended Amount}
AS Grid Tree Pruning $ 64.00 100 $6,400.00
25" to 30" DSH (each} ,{Extended Amount)
Grid Tree Pruning $ 64.00 25 $1,600.00 A6 31" DSH and Over (each) (Extended Amount)
Tree Removal and Stump Grinding $ 29.00
n/a n/a A7 {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
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·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 (Time & Document) (each)
A15 Arborist Inspections $ 120.00 n/a n/a (Time Only) (per hour}
SUBMITTED BY:
FIRM NAME: West CeastArborlsts, lne.
BUSINESS ADDRESS: 2200 E. VIa Burtcm
Anaheim. CA9280"6
TELEPHONE: (7l!4) 991-1900
FAX: {714) 991.,1027
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