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HomeMy WebLinkAboutCC AG PKT 2013-04-08 #D 5EAt- AGENDA STAFF REPORT 41F DATE: April 8, 2013 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Sean P. Crumby, P.E., Assistant City Manager/Public Works SUBJECT: AWARD OF CONTRACT FOR TREE MAINTENANCE SERVICES SUMMARY OF REQUEST: That the City Council adopt Resolution No. 6365 awarding a three year contract for tree maintenance services to Great Scott Tree Service, Inc., in the amount of $398,040. BACKGROUND AND ANALYSIS: The City currently owns and maintains more than 7,000 street and park trees throughout the City. The City's urban forest consists of various tree species requiring routine pruning to promote healthy growth, improved aesthetics, and prevent falling limbs from causing property damage or personal injury. Some tree species such as Palm trees require annual pruning whereas others require pruning every three to four years. The City's tree pruning schedule was developed according to International Society of Arboriculture pruning standards that were adopted as part of the City Council's adoption of the Street Tree Master Plan on March 28, 2011. The scope of work within this contract includes the pruning of trees, tree removal and stump grinding, and after-hours emergency response. Tree maintenance has historically been funded through the City's utility bill. Each Seal Beach property owner pays $0.50 per month for tree maintenance which generates approximately $38,000 per year for these services. Until recently, the City's annual tree maintenance budget was limited to the revenues collected through the property tax assessment noted above. However, this funding limitation was not sufficient to meet the needed pruning schedules and many trees were not pruned for extended periods of time. With the adoption of the Street Tree Master Plan, the City Council allocated $100,000 in the Fiscal Year 2012-13 Operating Budget for tree maintenance. The additional funds for tree maintenance helped to reduce the pruning backlog. Bids were solicited for a new tree maintenance contract which includes annual Agenda Item Q pruning quantities that will eliminate the remaining pruning backlog, and help to ensure all of the City's trees are pruned on schedule. On February 19, 2013, the City Clerk's office received four bids for these services in the following amounts: Rank Contractor Bid Amount 1 Great Scott Tree Service $132,680 2 Valley Crest $149,085 3 United Pacific Services $149,200 4 West Coast Arborists $172,540 The bid for these services includes routine pruning and tree removals and stump grinding. The total annual cost for tree pruning based on the low bid received amounts to $124,330, and $8,350 for tree removals, for a total annual contract cost of$132,680. Tree removals are conducted on an as-needed basis. Based on the references, qualifications, work experience, and cost, it is recommended that the City Council award the contract to Great Scott Tree Service, Inc., as the lowest responsive bidder for an annual cost of $132,680. Great Scott has been providing the City with these services since 2003 and their performance has met staff's expectations and the contract scope of work. The cost for these services is controlled via established unit bid prices and quantities for tree trimming, tree removal, and stump grinding based on trunk diameter. The initial term of the agreement is for three years and the annual cost amounts to $132,680. As such, the total cumulative contract amount for three years of tree maintenance services amounts to $398,040. If approved, the initial term of the contract shall commence on July 1, 2013 and expire on June 30, 2016, with two additional one-year extensions available based on contractor performance and at the discretion of the City. The increased pruning cost will be included in the FY 2013114 Operating Budget, Should Council elect to not allocate additional funds for tree pruning in next year's budget, tree pruning quantities will be reduced to fit within the Council-approved funding level. ENVIRONMENTAL IMPACT: The proposed services are exempt from the California Environmental Quality Act (CEQA) under Title 14 of the State CEQA guidelines categorical exemption section 15031(c) because the services consist of maintaining existing trees. The vendor is required to comply with all NPDES requirements. LEGAL ANALYSIS: The City Attorney has reviewed and approved the contract as to form. Page 2 FINANCIAL IMPACT: The tree maintenance services are budgeted on an annual basis in the City's Operating Budget. The annual cost for the proposed contract services will be included in the Fiscal Year 2013114 Operating Budget. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 6365 awarding a three year contract for tree maintenance services to Great Scott Tree Services, Inc., in the amount of$398,040. SUBMITTED BY: NOTED AND APPROVED: Sean P. Crumby, P.E. Ji R.aIngram, City- meager Assistant City Manager/ PuL Works Prepared by: Luis Estevez, Deputy Director of Public Works, Maintenance & Utilities Attachments: A. Resolution No. 6365 B. Contract—Great Scoff Tree Services, Inc. Page 3 RESOLUTION NUMBER A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AWARDING A CONTRACT TO GREAT SCOTT TREE SERVICE, INC. FOR TREE MAINTENANCE SERVICES THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The Oh/ Council hereby awards a three year contract to Great Scott Tree Somioes, inc. for tree maintenance services in the amount of $388.040 ($132.080 annually). The initial hann of the contract shall commence on July 1. 2013 and expire on June 30. 2016. with two additional one-year extensions available based on contractor performance and at the discretion of the City. SECTION 2. The City Council hereby directs the City Manager to execute the contract on behalf of the City. PA8SED. APPROVED and ADOPTED by the Seal Beach City Council at regular meeting held on the_8th_day of_April_.2O13by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE C/FCALIFORNIA � COUNTY OF ORANGE SS CITY C)F SEAL BEACH ) |. Linda Oevin*, City Clerk of the City of Seal Beooh, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6365 on file in the office of the City Clerk, passed, approved,and adopted by the City Council at a regular meeting held nn the_8th_day of April .2O13. City Clerk MAINTENANCE SERVICES AGREEMENT Between SEA1 , � �PORgr 1t 11r City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Great Scott Tree Service, Inc. 10761 Court Avenue Stanton, CA 90680 (714) 826-1750 This Maintenance Service Agreement ("the Agreement") is effective as of July 1, 2013 (the "Effective Date"), by and between Great Scott Tree Service, Inc., ("Contractor"), a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). 1 of 16 57296-0001\1236808v1.doc RECITALS A. City desires certain tree maintenance services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ("Services") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of$10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall terminate on June 30, 2016 unless previously terminated as provided by this Agreement. An additional two (2) one-year contract extensions are available based upon the Contractor's performance and at the discretion of the City. 3.0 Contractor's Compensation City will pay Contractor in accordance with the bid schedule set forth in Exhibit B for Services for a cumulative amount not to exceed $398,040. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the bid schedule set forth in Exhibit B. 2 of 16 S7296-0001\1 236808vl.doc 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the unit bid prices charged, and the services performed for each day in the period: City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Brent Beller is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 16 57296-0001\1 236808vl.doc To City: City of Seal Beach 211-8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Great Scott Tree Service 10761 Court Avenue Stanton, CA 90680 Attn: Brent Beller 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing 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. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reirribursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 4 of 16 S7296-0001\1236808v1.doc 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 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 shall 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. 11.2. 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 that may arise from or in connection with the performance of this Agreement as well as a labor and materials bond as noted in Exhibit C. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:Vlll, licensed to do business in California, and satisfactory to the City. 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, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, 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: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) 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 directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 5 of 16 67296-0001\1 236808vl.doc employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of-the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, 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. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees 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 directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indernnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity 6of16 S7296-0001\1236808v1.doc herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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. 15.0 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. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7of16 S7296-0001\1236808v1.doc 19.0 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. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non- contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 8 of 16 S7296-0001\1 236808vl.doc the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duty authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNEESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH CONTRACTOR By, By: Jill R. Ingram, City Manager Name: Scott P. Griffitht' Attest Its: President By: By: Linda Devine, City Clerk Name: Jacob Griffiths Approved as to Form- Its: CEO By: Quinn Barrow, City Attorney 9 of 16 57296-0001\1 236808vl.doc EXHIBIT A SCOPE OF WORK The work shall include furnishing all labor and equipment necessary to fully comply with the scope of work contained herein. Payment for tree services will be controlled by the unit bid prices provided. No additional compensation will be provided. EQUIPMENT AND PERSONNEL The contractor's crew foreman and supervisor shall be Certified Arborists in good standing with the International Society of Arboriculture. Tree trimmers shall also be Certified Tree Workers One certified arborist per crew and all trimmers must be certified tree workers. Contract personnel shall wear uniform shirts with the company name or logo printed on them, and they shall wear reflective safety vests while working within the roadway right-of-way. All aerial trucks shall be equipped with but not limited to the following; appropriate chain saws, loppers, pole pruners, hand pruners, blowers and plywood to complete all necessary work. No Contractor personnel shall be employed on any work site under these specifications that are found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the City Representative, shall be discharged or removed from working on City jobs immediately. Contractor trucks and other vehicles shall be of one color with the Contractor's name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City of Seal Beach. The City's Representative must approve the design of the signs the Contractor will provide. Contractor is prohibited from parking his equipment overnight on City streets. Contractor shall provide their foremen with a laptop or other computerized device for the purpose of having the ability to view the City's tree database and to collect the City's tree asset numbers during pruning and any other tree related operation. Contractor shall have the capability to provide completed work orders and pertinent information in an Excel spreadsheet format to be imported into the City's work order system. Contractor shall submit the completed form electronically. The City shall provide the Excel spreadsheet form. 10 of 16 S7296-0001\1 236808vl.doc PERFORMANCE REQUIREMENTS PRUNING SPECIFICATIONS Pruning shall conform to American National Standard, ANSI A300, and Tree Care Operations for Tree, Shrub and Other Woody Plant Maintenance — Standard Practices. Pruning will generally be Maintenance Pruning as described in ANSI A300, Section 5.3.2. Palm Requirement: During the removal of fronds, seeds/pods the contractor shall check and remove any loose petioles from all palm species. This practice is not only limited to the base of the palm frond growth. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Deputy Director of Public Works or Designee, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Deputy Director of Public Works before work begins. Topping, tip pruning, or pollarding trees will not be allowed. Pruning shall be done by those experienced and skilled in pruning techniques (i.e., under the continual supervision of a certified arborist). All cuts shall be done using proper arboricultural and horticultural practices. Dressing wounds will not be allowed. All trimmings and debris shall be cleaned up, removed, and disposed of off-site at the end of each day's work. Contractor shall clean all tire marks from hardscape, i.e., sidewalks, parking lots, curbs, gutters, etc., BEFORE final payment is received. Clean-up work shall consist of restoring site to original condition after work has been performed. Existing tree stakes, ties, and guys shall be checked and corrected as needed by the tree maintenance contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Supervisor. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Tree suckers shall be removed as needed. Lower branches can be removed only after tree is able to stand erect without staking or other support. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by-the tree maintenance contractor. 11 of 16 S7296-0001\1 236808vl.doe The Contractor will replace and be held liable for any damages done to trees or landscaping due to poor management procedures of services rendered(i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.). If, in the opinion of the City, a newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species and acceptable. Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require full and complete repair of the damaged areas and plants. SAFETY REQUIREMENTS Tree Maintenance operations shall conform to American National Standard, ANSI Z133.1, Pruning, Trimming, Repairing, Maintaining, and Removing Trees and Cutting Brush — Safety Requirements. It shall be the Contractor's responsibility to obtain the most current ANSI Z133.1 specifications. TREE REMOVALS In addition to the ANSI A300 and Z133.1 standards, the following tree removal specifications shall apply: Each tree to be removed will be painted with a white spot at the base of the tree trunk. All tree stumps are to be ground within five (5) work days. Stump grinding is to be a minimum of twelve inches (12") below grade or until tree roots are no longer present. All stump chips are to be removed and the void backfilled with native soil or clean fill dirt, which is to be compacted and leveled to grade suitable for seeding or planting. All costs associated with stump grinding shall be included as part of the unit cost for tree removals. It shall be the responsibility of the Contractor to call in the tree stump location to Underground Service Alert (USA) prior to grinding the tree stump. In cases where it is determined that the trees scheduled for removal have died due to the Eucalyptus Longhorn Borer, the wood shall be disposed of by hauling to an authorized disposal station. At no time shall any wood from trees having died from the Eucalyptus Longhorn Borer be hauled anywhere other than the authorized disposal station. The City Representative must approve the disposal station prior to any disposal taking place. Payment for complete stump removal shall be included in the tree removal operation UNIT PRICE and no additional compensation will be allowed for crew rental rates, etc. Payment for tree removals will not occur until all related stumps have been removed. It shall be the judgment of the City's Representative to determine if a tree has died from Eucalyptus Longhorn Borer activity. The City may require the 12 of 16 57296-0001\1 236808vl.doc Contractor to show receipts of any or all disposed wood prior to payment for tree removals being made. Contractor shall notify the City immediately if any damage to City property occurs. Examples: broken irrigation heads, valves or piping, damaged drinking fountains, play equipment, non-target trees, turf and shrubbery, and any and all other city property damaged during the course of performing work for the City. All repairs must be completed within 5 days of the occurrence. Replacement of damaged landscaping or property will be replaced in-kind and the site restored to its original condition. TRAFFIC SAFETY Contractor shall conform to all City of Seal Beach traffic safety requirements and operating rules at all times which this contract is in effect. The City will provide the Contractor with a Manual on Uniform Traffic Control Devices (MUTCD), which will be used as a reference. Vehicular traffic lane and bike lane closures on arterial streets shall be between the hours of 9:00 a.m. and 3:00 p.m. only, no exceptions. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through vehicle or pedestrian traffic. This is to include a high-visibility arrow board or arrow boards. The City must approve all traffic safety equipment prior to use. A traffic control plan for all arterial streets listed will be submitted to Public Works staff within five (5) days prior to work on any arterial street. High visibility arrow boards shall be used while working on all arterial streets. Failure on the part of the contractor to safely close traffic, bicycle areas, and pedestrian ways and to adhere to all other guidelines associated with maintenance operations adjacent to vehicle, bicycle areas, and foot traffic areas shall incur a $400.00 performance deficiency deduction per infraction. TREE INVENTORY SERVICE Contractor shall have the capability to inspect and to inventory City trees by utilizing a GPS (global positioning system) device compatible with the City's mobile device application. The inspection and inventory collection shall be performed by an ISA certified arborist. The information collected shall include the confirmation of the tree asset number, trunk diameter, height and canopy spread, maintenance needs and the general condition of the tree. Any obvious defects shall be noted and brought to the attention of the City's representative. Contractor shall inventory all of the City's trees once during the term of this contractor, to be completed within the first year of the contract term. Contractor will also update the inventory by including maintenance work, new plantings and removal history on a quarterly basis. Contractor shall provide the City with a copy of the master tree inventory as well as updated quarterly inventory updates. 13 of 16 57296-0001\1 236808vl.doc The cost for tree inventory management work shall be included in the unit bid pricing provided for tree services and no additional compensation will be allowed. INSPECTION The Contractor's Representative shall meet with the City's Representative prior to beginning work in each of the specified locations to inspect and determine the pruning objectives of the location. Once work begins, it shall be the responsibility of the Contractor's Representative to visually inspect each tree prior to pruning. If a condition is observed that requires additional attention, this condition will be reported immediately to the City's Representative. The Contractor's Representative shall be responsible to verify that all work in progress is in accordance with ANSI Z133.1 Safety Requirements. The Contractor's Representative shall be responsible to verify that all work in progress is in accordance with ANSI A300 Standard Practices, and City of Seal Beach pruning objectives. The City's Representative shall have the option to withhold payment for completed work not complying with ANSI trim standards and City of Seal Beach pruning objectives. COMMUNICATION The Contractor shall have the ability to contact its field crews within 30 minutes of notification by the City during normal working hours. The Contractor's Representative and each crew foreman shall have a portable cellular telephone. The phone numbers shall be given to the City's Representative. The Contractor's Representative and each crew foreman shall be accessible for communication during normal work hours. Each crew foreman shall call the City's Representative daily prior to 7:00 a.m. to discuss crew locations and work schedules. The Contractor's Representative and each crew foreman shall meet with the City's Representative once per week at the Operations Support Facility to discuss all contract activities. The Contractor shall notify in writing, by use of a City-approved flyer, residents of property adjoining the location of the work at least seven (7) days before the start of work in that area or on the adjacent street. The Contractor is responsible for posting "temporary no-parking" signs at least forty-eight (48) hours before using the parking lane for tree trimming purposes. In the case of work requiring mass removal of green waste, which may interfere with the use by residents or businesses of their driveways, suitable provisions shall be made by the Contractor at such time to provide access to said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance. Further, the Contractor shall provide access to each residential or commercial establishment each evening. 14 of 16 57296-0001 N1 236808vl.doc The Contractor shall provide a Contractor Representative (Supervisor) who is a Certified Arborist, certified by the International Society of Arboriculture. It is expected that this person will be able to communicate effectively in both written and oral English. Any order or communication given to the Contractor's Representative shall be deemed as delivered to the Contractor. WORKING HOURS Workdays are Monday through Friday. On occasion, the Contactor shall provide work crews to perform routine maintenance activities on Saturdays. Work completed under this arrangement shall be paid at the unit price of such work. Working hours shall be no earlier than 7:00 a.m. and no later than 4:00 p.m. Arterial street working hours shall be 9:00 a.m. to 3:00 p.m. The Contractor will have staff available for phone contact (not an answering service), Monday through Friday, between 6:00 a.m. and 5:00 p.m. to respond to call-outs, questions and verification of schedules, PERFORMANCE DURING INCLEMENT WEATHER The Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather during periods when inclement weather hinders normal operations. The Contractor shall not remove his work force form the job site unless he has previously notified the City's Representative. The Contractor may be required during inclement weather to perform clean-up tasks as requested by the City's Representative. CALIFORNIA DEPARTMENT OF FISH AND GAME CODE #3503 California Department of Fish and Game Code #3503 states, "it is unlawful to take, possess or needlessly destroy the nest or eggs of any bird," therefore, it shall be the Contractors responsibility to bypass and leave undisturbed any or all trees scheduled for pruning or removal if active nesting birds or eggs are found to occupy the tree(s). 15 of 16 S7296-0001\1 236808vl.doc EXHIBIT B BID SCHEDULE (ATTACHED) 16 of 16 57296-0001\1236808v 1.doc City of Seal Beach California PROPOSAL FOR TREE MAINTENANCE SERVICES BED SHEET UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST Trimming of Various Species of Trees 1. Tree trim DBH I"to 6" EA 600 $ 4,00 $Z,4400 2. Tree trim DBH 7"to 12" EA 290 $ 3. Tree trim DBH 13"to 18" EA 85 $ S-7.00> $�,C->kr-; 4. Tree trim DBH 19"to 24" EA 30 $ $ 5. Tree trim DBH 25"to 30" EA 20 $ $ 6. Tree trim DBH 31""to 36"" EA 20 $ $ Trimming of Queen Palms 7. 1"to 6"DBH EA 130 $ LA y cyZ) $ S. 7"to 12"DBH EA 440 $ $ 9. 13""to 18"DBH EA 200 $ 39 ,E $ Trimming of Date Palms 10. 19"to 24"DBH EA 20 $ $ Page C-2 11. 25"to 30"DBH EA 60 $ to $,,cal-+Ora 12. 31"to 36"DBH EA 10 $ iZ. 5 $ t1ZSrh Trimming of Mexican Fan Palms i' 13. 1f°to 6"DBH EA 20 $ t;5, CDO $ 'mss C>O 14. 7"to 12"DBH EA 70 $ y c)cD $ c r 15. 13"to 18"DBH EA 620 $ +4 S,C>(7:> $ � ' 16. 19"to 24"DBH EA 10 $ ,S- pC)' $ 5'Z>0 Trimming of Evergreen Trees 17. 1"to 6"DBH EA 600 $ iA,00 $ Z,&t C,C-1 1s. 7"to 12"DBH EA 300 $ ,00 $ t S,'7 C» 19. 13"to 18"DBH EA 95 $ $ -:f,5©S 20. 19"to 24"DBH EA 40 $ $ 5,5 c a 21. 25"to 30"DBH EA 20 $ t---k-7.� $ �5,5 So 22. 31"to 36"DBH EA 30 $ 1 °"?;ca© $ ,�3 Ca Page C-3 7. Tree and Stump Removal DBH EA 20 $ $ 1"to 6" 15 8. Tree and Stump Removal DBH EA 10 $ J5 7"to 12" Tree and to 1811 Stump Removal DBH 9. 1311- EA to $ 1 A45 e-"3(n $ k,'A5r) 10. Tree and Stump Removal DBH to 24 1911 11 EA 10 $ !75 .00 $ 1 c 50 11. Tree and Stump Removal DBH to 30 2511 11 EA 10 $ k-7 00 $ I, 12. Tree and Stump Removal DBH 31"to 36" EA 10 $ $ -3 Grand Total Bid Amount: TOTAL BID PRICE(BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): $ 1 117."46'bo - QQ Total Bid Price in Numbers Total Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES,THE WORDS SHALL PREVAIL. Emergency Work Hourly Rates Hourly Classylication Rates 24-hour emergency call-out response,two(2) hour minimum, 30-minute response— complete with all necessary equipment and $ \Go,or> personnel. each hour Page C4 NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re-advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code,California Contractor's License No.- C — 27 and/or C-61/D-49 s-,�v e x Class --e—x r,,Aqf C (REQUIRED AT TIME OF AWARD). Legal Business Name of Bidder 13-usinoss Address Business Tel.No. M s6z:a V� Signatures. Date Title C W-n 9KA2 4 SE-Y Signature V Date Title Signature Date Title If bidder is an individual,name and signature of individual must be provided, and, if he is doing business under a fictitious name,the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided,followed by signatures of all of the partnerstjoint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate sea]. Signatures of partners,joint venturers, or corporation officers must be acknowledged before a Notary Public,who must certify that such partners,joint venturers,or officers are known to him or her to be such, and, in the case of a corporation,that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page C-5