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Supplemental - Street Tree Maintenance Contract Docs - Draft
,DRAFT CITY OF SEAL BEACH zaF -FA jU �S llj i i `4OC4G(FOR I CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR STREET TREE MAINTENANCE Responses to be received until 2:30 PM September 5, 2001 in the Office of the City Clerk City of Seal Beach, City Hall 211 8`" Street, 1" Floor Seal Beach, CA 90740 Attn: Joanne Yee, City Clerk Approved for Advertising: Ross Pounds, Interim Director of Parks, Recreation, and Community Services Date Issued: TABLE OF CONTENTS NOTICE INVITING SEALED BIDS INSTRUCTIONS TO BIDDERS PROPOSAL AND BID BOND SAMPLE CONTRACT AGREEMENT GENERAL SPECIFICATIONS SPECIAL PROVISIONS PART 1 - GENERAL PROVISIONS Special Provisions page 1 PART 2 - TREE MAINTENANCE Special Provisions page 17 APPENDIX A CITY OF SEAL BEACH, PUBLIC WORKS DEPARTMENT, PALM TREE TRIMMING SERVICES FOR CANARY ISLAND DATE PALM - SPECIAL PROVISIONS APPENDIX B 2001 -2002 STREET TREE PRUNING LIST (TO BE INSERTED) APPENDIX C 2001 -2002 PALM PRUNING LIST (TO BE INSERTED) APPENDIX D DATE PALM TREE REMOVAL SPECIFICATIONS APPENDIX E CITY OF SEAL BEACH TREE POLICY NOTICE INVITING SEALED BIDS FOR FY2001 -2002 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH PUBLIC NOTICE IS HEREBY GIVEN that the City of Seal Beach, as AGENCY, invites sealed bids for the above - stated project and will receive such bids in the offices of the City Clerk, 211 Eighth Street Seal Beach, CA 90740 up to the hour of 2:30 P.M. on September 5, 2001 at which time they will be publicly opened. Copies of the Plans, Specifications, and contract documents are available from the Director of Parks, Recreation and Community Services 211 Eighth Street Seal Beach, CA 90740 upon payment of a $20 nonrefundable fee, if picked up, or payment of a $35 nonrefundable fee, if mailed. Bids must be prepared on the approved Proposal forms in conformance with the INSTRUCTIONS TO BIDDERS and submitted in a sealed envelope plainly marked on the outside. The bid must be accompanied by certified or cashier's check, or bidder's bond, made payable to the AGENCY, or cash deposit, for an amount no less than 10 percent of the total amount bid. CONTRACT TERMS: The initial Contract term is for a period of twelve (12) months. The AGENCY may elect to exercise an extension to renew this Contract for an additional term of two (2) one -year terms with the Consumer Price Index (CPI). Contract extensions are also contingent upon satisfactory performance of Contractor. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class C -61, C -27 or D -49 at the time this contract is awarded. No bid will be accepted from the Contractor who has not been licensed in accordance with the provisions of the business code. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a period of 35 days. BY ORDER OF the City of Seal Beach, California Joanne Yeo, City Clerk Date INSTRUCTIONS TO BIDDERS PROPOSAL FORMS Bids shall be submitted, in writing, on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10 percent of the total amount bid. Any proposal not accompanied by such a guarantee will be deemed non - responsive and will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all contract documents. DELIVERY OF PROPOSAL Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BID FOR FY2000 -2001 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH - DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by messenger by 2:30 P.M. on September 5, 2001. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY'S designated official prior to the bid opening hour stipulated in the NOTICE INVITING SEALED BIDS. Late proposals will not be considered. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY'S designated official prior to the bid opening hour stipulated in the NOTICE INVITING SEALED BIDS. The withdrawal of the proposal prior to the opening of bids will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. Bids may not be withdrawn after the bid opening hour without forfeiture of the bid guarantee. After the opening of the bids, bid errors or mistakes may only result in the withdrawal of the bid and only in accordance with Public Contract Code section 5101, et seq. No bidder shall withdraw a bid within sixty (60) days after the actual date of opening thereof. Should there be any reason why the Contract cannot be awarded within the specified period, the time period may be extended by mutual agreement between the AGENCY and the bidder. IRREGULAR PROPOSALS Unauthorized conditions, limitations or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. TAXES No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. DISQUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who is not licensed in accordance with the provisions of the State Business and Professions Code, and shall possess a State Contractor's License, Class C -61, C -27 or D -49, at the time a contract for this work is awarded. DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals. LEGAL RESPONSIBILITIES All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a period of 60 days, all as may be required to provide for the best interests of the AGENCY. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. All bids will be compared with the Engineer's Estimate. Proposer's Name Business Address Submittal Date CITY OF SEAL BEACH PROPOSAL AND BID BOND FOR FY20012002 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH TO THE CITY OF SEAL BEACH, as AGENCY In accordance with AGENCY'S NOTICE INVITING SEALED BIDS, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above - stated project as set forth in the Plans, Specifications and contract documents therefore, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, INSTRUCTIONS TO BIDDERS and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and /or lump -sum prices set forth in the following BID SCHEDULE. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the BID SCHEDULE are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump -sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10- working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the pro- ceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. CITY OF SEAL BEACH BID SCHEDULE FOR FY2001 -2002 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH The undersigned certifies that he /she has read all documents related to this bid proposal and understands all terms and conditions related thereto; and in conformity with the terms and conditions, hereby proposes to the CITY OF SEAL BEACH the following: AS DESCRIBED IN THIS CONTRACT UNIT PRICE EXTENDED PRICE 1,110 trees in various locations throughout the City S EACH $ EXTRA WORK: UNIT DESCRIPTION UNIT PRICE Complete Tree and Stump Removal Diameter inch S S Stump Only Removal Diameter inch S Tree Planting 15 gallon with root barrier EACH w/o root barrier EACH 24 inch box weith root barrier EACH w/o root barrier EACH Watering DAY Crew Rental 3 men, aerial unit, dump truck and chipper HOURLY Emergency Call Out HOURLY Respectfully Submitted, By Contractor Date DESIGNATION OF SUBCONTRACTORS BIDDER proposes to subcontract certain portions of the work which are in excess of one -half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows: NAME, ADDRESS, AND TELEPHONE NUMBER OF SUBCONTRACTORS PORTION OF WORK Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Director of Parks, Recreation and Community Services. LICENSED PERSONNEL All licensed persons who will be assigned to this contract shall be listed. If a subcontractor will be used to meet these requirements, please list the company, address, contact person, telephone number, and licensed persons who will be working on the contract Pesticide Operator Lic.# Date Pesticide Applicator Lic.# Date EQUIPMENT LISTING Furnish an inventory list, attached hereto, of company personnel and equipment to be assigned to this project and throughout its duration. (Refer to Part 4 — Section 4.1 Special Provisions for minimum requirements). RECEIPT OF ADDENDA Bidder acknowledges receipt of the following addenda and certifies that the requirements contained therein have been accounted for in the bid. Addendum No. Detail Addendum No. Detail Addendum No. Detail REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past 2 years: 1. 2. Name and Address Name and telephone number of person familiar with project Contract amount Type of work Date completed Name and Address Name and telephone number of person familiar with project Contract amount Type of work Date completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of work Date completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds: EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontractors, all reports which may have been due under the requirements of any AGENCY, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. BIDDER'S VIOLATION OF LAW /SAFETY QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire: QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State, or local government project because of a violation of law or a safety regulation? Yes _ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder's Name Business Address Telephone State Contractor's License No. and Class Original Date Issued Expiration Date The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and /or corporate officers having a principal interest in this proposal: The dates of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows: All current and prior DBAs, alias, and /or fictitious business names for any principal having an interest in this proposal are as follows: IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all aforenamed principals this day of 20_. BIDDER Subscribed and sworn to this day of NOTARY PUBLIC CITY OF SEAL BEACH PROPOSAL GUARANTEE BID BOND FOR FY2001 -2002 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH KNOW ALL MEN BY THESE PRESENTS that as BIDDER, and as SURETY, are held and firmly bound unto the City of Seal Beach, as AGENCY, in the penal sum of Dollars (5 ), which is 10 percent of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2001 BIDDER* SURETY* Subscribed and sworn to this _ day of , 2001 NOTARY PUBLIC Provide BIDDER /SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized repre- sentative. CITY OF SEAL BEACH SAMPLE CONTRACT AGREEMENT FOR FY2001 -2002 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH This Contract Agreement is made and entered into for the above - stated project this day of , 2001, BY AND BETWEEN the City of Seal Beach, as AGENCY, and , as CONTRACTOR. WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows: ARTICLE I The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and perform all work required for the above - stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents. ARTICLE III CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. Said compensation shall not exceed $ provided that the City Manager or his designee may approve additional payment not -to- exceed 10% of this amount for change orders and for contingencies. ARTICLE IV AGENCY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the contract documents. ARTICLE V CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation, or to undertake self- insurance in accordance with the provisions of that code and certifies compliance with such provisions. ARTICLE VI CONTRACTOR shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, claims, demands, lawsuits, judgments, attorney's fees, costs, damage to persons or property, penalties, obligations, expenses or liabilities that may be asserted or claimed by any person or entity arising out of the acts, errors, or omissions of CONTRACTOR, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and /or City Personnel; provided, however, that the CONTRACTOR shall not be required to indemnify, defend or hold harmless City or City Personnel against claims arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith: a). CONTRACTOR shall defend, with Counsel acceptable to City, any claim, action, actions, lawsuits or proceedings filed in connection with any such claimed damage, injury, penalty, obligation or liability, and shall pay all costs and expenses, including attorney's fees, incurred therewith. b). In the event City and /or any City Personnel is made a party to any claim, action, lawsuit or proceeding filed or prosecuted for any such claimed damage, injury, penalty, obligation or liability, CONTRACTOR shall defend City and pay to City any and all costs and expenses incurred by City in such action or proceeding, together with all attorney's fees and expert witness fees. At City's option, City may select counsel of its own choice to defend itself from any such claim, action, lawsuit or proceeding. CONTRACTOR shall reimburse City for all costs associated with its defense, including but not limited to all attorneys fees, expert witness fees and court costs, as each is incurred." ARTICLE VII CONTRACTOR agrees to endorse general and umbrella liability coverage required herein to include the City as additional insured under the insurance coverage required here using standard ISO endorsement number CG 20 10 attached to an ISO -CGL policy with an edition date of 1991 or earlier and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured supervision of a given project and which allows coverage to apply to the additional insured to the full extent provided by the policy. In no event will the contractor use an additional insured endorsement with an edition date of 1993 or later. CONTRACTOR also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement to do likewise. ARTICLE VIII CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and /or corporate officers having principal interest herein. ARTICLE IX CONTRACTOR shall comply with applicable laws, codes and regulations in effect as of the date of the execution of this Agreement." ARTICLE X CONTRACTOR shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner or employer of CONTRACTOR in its business or otherwise, or a joint venturer, or a member of any joint enterprise with CONTRACTOR. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither CONTRACTOR nor any of CONTRACTOR's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither CONTRACTOR nor any of its employees shall be paid by City any wage or overtime benefit. City is under no obligation to withhold State and Federal tax deductions from CONTRACTOR's compensation. Neither CONTRACTOR nor any of CONTRACTOR's employees shall be included in the competitive service, have any property right to any position, or any of the rights a City employee might otherwise have in the event of termination of employment." ARTICLE XI CONTRACTOR covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, relation, sex, marital status, national origin, or ancestry, in the performance of this Agreement. CONTRACTOR further covenants and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) as the same may be amended from time to time." ARTICLE XII City reserves the right to terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Upon receipt of any notice of termination from City, CONTRACTOR shall immediately cease all services hereunder except such as may be specifically approved in writing by City. CONTRACTOR shall be entitled to compensation for all services rendered prior to receipt of City's notice of termination and for any services authorized in writing by City thereafter. ARTICLE XIII The Municipal and Superior Courts of the State of California in the County of Orange shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of California. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party" ARTICLE XIV If either party to this Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to litigation costs, including actual attorney's fees and expert witness fees. IN WITNESS WHEREOF the parties hereto for themselves, their heirs, execu- tors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in duplicate by setting hereunto their names, titles, hands, and seals this day of , 2001. CONTRACTOR: (Title) Contractor's License No. Class Federal Tax Identification No. Subscribed and sworn to this _ day of , 2001 NOTARY PUBLIC AGENCY: City Manager Attested Approved as to form City Clerk Date City Attorney Date CITY OF SEAL BEACH FAITHFUL PERFORMANCE BOND FOR FY2001 -2002 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR and as SURETY, are held and firmly bound unto the City of Seal Beach, as AGENCY, in the penal sum of Dollars ($ 1, which is 100 percent of the total contract amount for the above - stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of 2001. CONTRACTOR* SURETY* Subscribed and sworn to this _ day of , 2001. NOTARY PUBLIC Provide CONTRACTOR /SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. CITY OF SEAL BEACH MATERIAL AND LABOR BOND FOR FY2001 -2002 STREET TREE MAINTENANCE IN THE CITY OF SEAL BEACH KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR, and as SURETY, are held firmly bound unto the City of Seal Beach, as AGENCY, in the penal sum of Dollars ($ 1, which is 100 percent of the total contract amount for the above - stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this day of 2001 CONTRACTOR* SURETY* Subscribed and sworn to this _ day of , 2001 NOTARY PUBLIC Provide CONTRACTOR /SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. GENERAL SPECIFICATIONS SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and contract documents. The general items of work include tree and stump removals and maintenance pruning of trees within the public right -of -way in the City of Seal Beach. LOCATION OF WORK The general locations and limits of the work are as follows: The work is entirely within and generally throughout the City of Seal Beach TIME FOR COMPLETION The Contractor shall complete all work in every detail within sixty (60) working days after the date in the Notice to Proceed with the Work. NOTIFICATION The Contractor shall notify the Director of Parks, Recreation and Community Services and the owners of all utilities and substructures not less than 46 hours prior to starting maintenance. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct: CITY OF SEAL BEACH Attention: Director of Parks, Recreation, and Community Services City Engineer of the City of Seal Beach 211 B' Street Seal Beach, CA 90740 (562) 431 -2527 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Parks and Recreation Director, City Engineer and the City Police Department Prior to beginning work. STANDARD SPECIFICATIONS The Standard Specifications of the AGENCY are contained in the 1997 Edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517 -0970. The Standard Specifications set forth above will control the general provisions, and methods for this contract, except as amended by the Special Provisions or other contract documents. The following Special Provisions are supplementary and in addition to the provisions of the Standard Specifications unless otherwise noted and the section numbers of the Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring elaboration, amendments, specifying of options, or additions are called out. SPECIAL PROVISIONS PART 1 GENERAL PROVISIONS SECTION 1 - TERMS DEFINITIONS ABBREVIATIONS, AND SYMBOLS 1 -2 DEFINITIONS AGENCY /CITY: City of Seal Beach Board: City Council of the City of Seal Beach Caltrans: State of California, Department of Transportation County: Orange Inspector: The authorized representative of the City of Seal Beach. Engineer: The City Engineer of the City of Seal Beach or his authorized representative Federal: United States of America Contractor: The word Contractor is supplemented by adding thereto the following: The term Contractor means the Contractor as defined herein or his authorized representative. SECTION 2 - SCOPE AND CONTROL OF THE WORK 2 -1 AWARD AND EXECUTION OF CONTRACT Within 10- working days after the date of the AGENCY'S notice of award, the Contractor shall execute and return the following contract documents to the AGENCY: Contract Agreement Faithful Performance Bond Material and Labor Bond Public Liability and Property Damage Insurance Certificate Worker's Compensation Insurance Certificate Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before he Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2 -3 SUBCONTRACTS 2 -3.1 General. The sixth paragraph of Subsection 2 -3.1 of the Standard Specifications is hereby deleted and replaced with the following: The Contractor shall perform or provide, with its own organization, contract labor, materials, and equipment amounting to at least 50 percent of the Contract Price. The contract labor performed or provided by the Contractor shall amount to at least 25 percent of the total contract labor for the Contract. Contract labor shall exclude superintendence. Any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of contract labor, materials, and equipment required to be performed or provided by the Contractor with its own organization. Where an entire item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the Contract Unit or Lump -Sum Price. When a portion of an item is subcontracted, the value of contract labor, materials, and equipment subcontracted will be based on the estimated percentage of the Contract Unit or Lump-Sum Price, determined from information submitted by the Contractor, subject to approval by the Engineer. Prior to award of the contract, the otherwise qualifying low bidder shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications. The prime contractor shall provide a description by bid item number or otherwise fully designate the portion of work to be performed by each subcontractor. 2 -4 CONTRACT BONDS The Faithful Performance Bond shall remain in force until one (1) year after the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. The Contractor shall provide the following supplemental information for each bond as required herein: 1. Surety company or agency name providing bond. 2. Name of the agent. 3. The business address of the surety company and /or agency and agent. 4. The business telephone number of the surety company and /or agency and agent. 2 -5 PLANS AND SPECIFICATIONS 2 -5.1 General. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. Section 2 is amended by adding thereto the following new Subsection 2 -5.4 Examination of Contract Documents 2 -5.4 Examination of Contract Documents. The bidder shall examine carefully the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the Plans and Specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished and as to the requirements of the proposal, Plans, Specifications, and the contract. SECTION 3 - CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment. 3 -3.2.1 General. Payment for extra work by cost plus a differential for labor, materials, and equipment shall be considered payment under force account basis. The labor, materials, and equipment provided shall be subject to the approval of the City and compensation will be determined as provided herein. 3 -6 NOTICE TO SURETIES Section 3, Changes in Work, is amended by adding thereto the following new Subsection 3 -6: The Contractor shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of the work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The Contractor shall furnish proof of such adjustments to the owner. SECTION 5 - UTILITIES 5 -1 LOCATION The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high - risk underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in the General Specifications. SECTION 6 - PROSECUTION PROGRESS, AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The Contractor's proposed construction schedule shall be submitted to the Engineer within 10- working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed With the Work, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the 1 0th day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6 -7 TIME OF COMPLETION 6 -7.1 General. The time for completion shall be as noted in the General Specifications. 6 -7.2 Working Day. The Contractor's activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding City holidays. Deviation from these hours will not be permitted without the prior consent of the Director of Parks, Recreation and Community Services, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6 -9 LIQUIDATED DAMAGES The liquidated damages value is hereby amended to be five hundred and eighty -four dollars ($584) per day. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 -1 CONTRACTOR'S EQUIPMENT AND FACILITIES A noise level limit of 86 dbA at a distance of 50 feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. 7 -2 LABOR 7 -2.2 Laws. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7 -3 LIABILITY INSURANCE The liability insurance coverage values are hereby amended to be: Insurance Coveraae Requirements Limit Reauirements Comprehensive General Liability $1,000,000 Product /Completed Operations Hazard $1,000,000 Comprehensive Automobile Liability $1,000,000 Contractual General Liability $1,000,000 A combined single -limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. Additional requirements of Section 7 -3 are as follows: Insurance shall be placed with carriers authorized and admitted to do business in the State of California with a current A.M. Best's rating of A- or better and a financial size of VII or greater. The Certificate of Liability Insurance shall be submitted on Acord form 25 -5 in the amounts listed above and said certificate shall be modified to require that the City be given 30 days written notice by certified mail of any cancellation or reduction in available limits or changes in the terms of coverage. Contractor agrees to endorse general and umbrella liability coverage required herein to include the City as additional insured under the insurance coverage required here using standard ISO endorsement number CG 20 10 attached to an ISO -CGL policy with an edition date of 1991 or earlier and which does not limit the scope of coverage for the additional insured to vicarious liability or to the additional insured's supervision of a given project and which allows coverage to apply to the additional insured to the full extent provided by the policy. In no event will the contractor use an additional insured endorsement with an edition date of 1993 or later. Contractor also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement to do likewise. 7 -5 PERMITS The text of Subsections 7 -5 of the Standard Specifications is hereby deleted and replaced with the following: Prior to the start of any work, the Contractor shall take out the appli- cable City permits and make arrangements for City inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. The Contractor shall pay all cost incurred by the permit and license requirements. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The second paragraph of Subsection 7 -9 of the Standard Specifications is hereby deleted and replaced with the following: The Contractor shall relocate, repair, replace, or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.), which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements, or reestablishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. The last paragraph of Subsection 7 -9 of the Standard Specifications is hereby deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Subsection 7 -10.1 of the Standard Specifications is amended by adding thereto the following: The Contractor shall notify the occupants of all affected properties at least 48 -hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the Engineer. At least one 12 -foot wide traffic lane shall be provided for each direction of travel on all streets at all times, except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed. Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One 4 -foot wide paved pedestrian walkway shall be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane shall be 5 feet. 7 -10.3 Street Closures, Detours, Barricades. Subsection 7 -10.3 of the Standard Specifications is amended by adding thereto the following: Street closures will not be allowed, except as specifically permitted by the Engineer. The Contractor shall prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions shall conform to the Caltrans Traffic Manual, Section 5 -08.4, "Transition Area." Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces which are to remain. The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, nonworking hours and over Saturdays, Sundays, and holidays. Any corrective work required to be done by Agency forces shall be back charged to the Contractor based on the actual costs, plus Agency overhead and withheld from the final payment. 7 -10.5 Protection of the Public. Subsection 7 -10.5 is hereby added to Section 7 of the Standard Specifications as follows: It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life, or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. Citizens Requests. Subsection 7 -10.6 is hereby added to Section 7 of the Standard Specifications as follows: The Contractor shall respond to calls from citizens regarding the street tree program. The Contractor will need to inspect the service request, discuss the situation with the resident if available, and make recommendations to the City. The Contractor shall document the receipt of the service request, the time of the inspection, a description of the findings, the recommendation, and the action taken to resolve the issue. These calls may or may not be as a result of contract work but may create additional work for the contractor. The Agency will take the phone call service requests and forward them to the Contractor on a minimum daily basis. The list will be faxed to the Contractor, and the job foreman shall pick up a copy of the requests daily. The Contractor shall respond to the request by 5 p.m. the next working day. 7 -15 RECYCLING OF MATERIALS Subsection 7 -15 is hereby added to the Standard Specifications. 7 -15.1 Recycling of asphalt concrete, portland cement concrete, aggregate base, cement block, sand base material, and green waste are required. RECORDS OF DISPOSAL SHALL BE FURNISHED TO THE AGENCY ON A MONTHLY BASIS. 7 -15.2 All landscape debris shall be disposed of through a landscape material recycling center or reused in some manner. Contact City Parks Supervisor (562) 493 -8660 ext. 431 for possible reuse of material. Landscape debris shall not be disposed of in a landfill without prior approval from the City. The CONTRACTOR shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses. 7 -15.3 All asphalt concrete, portland cement concrete, aggregate base, cement block, and sand base material shall be disposed of at a recycling center. 7 -15.4 Records of disposal shall include verification of tonnage by certified weigh master tickets. If weigh master tickets are not feasible, the contractor and AGENCY representative shall estimate the tonnage prior to disposal at the recycling center. 7 -15.5 All costs associated with recycling of materials shall be paid by the CONTRACTOR and shall be included in the bid. SECTION 8 - FACILITIES FOR CITY PERSONNEL No field offices for City personnel shall be required, however, the City personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor if so provided by the Contractor for his own personnel. SECTION 9 - MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.2 Partial and Final Payment. The text of Subsection 9 -3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor shall prepare the approximate measurement of the work performed through the closure date and submit it to the City for approval by the 10th day of the following month. When the work is complete, the Engineer will determine the final quantities of the work performed and prepare the final progress payment report. Payments are commonly authorized and made within 30 days following the 10th day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. A full 10- percent retention will be deducted from all progress payments. The final retention will be authorized for final payment 35 days after the date of recordation of the Notice of Completion. The Contractor, however, may receive interest on the retained amount, or receive the retained amount itself so long as the securities equivalent to the retained amounts are substituted with escrow holder approved by the City. At the request and expense of the Contractor, retained amounts or securities equivalent to the retained amounts may be deposited with the State Treasurer or a State or Federally chartered bank approved by the Agency as the escrow agent, who shall return such monies or securities to the Contractor upon satisfactory completion of the contract. Securities eligible for investment shall include those listed in Section 16430 of the State Government Code or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, and standby letters of credit. Any escrow agreement entered into and shall be substantially similar to the form "Escrow Agreement for Security Deposits" in lieu of retention as contained in Section 4590 of Chapter 13 of Division 5 Title 1 of the Government Code. 9 -3.2.1 Claims. Procedures for final payment are hereby supplemented by Caltrans' Standard Specifications, Subsection 9- 1.078, Final Payment and Claims, and Subsections 9- 1.03C, 9 -1.04, and 9 -1.09 where they are referenced from as they pertain to Subsection 9- 1.07B. References originating in Subsection 9 -1.076 to Subsections 4 -1.03, 8 -1.06, 8 -1.07, 9- 1.03A, and 8 -1.10 shall refer to Subsections 3 -4, 6 -7, 6 -6, 3 -3, and 5 -5, respectively, of the Standard Specifications. Where Director, Deputy Director, District, or State are referenced, it shall mean Agency. 9 -3.2.2 Alternative Dispute Resolution. After submittal of the proposed final estimate to the Contractor, a meeting shall be held promptly between Contractor and Agency, attended by the individuals with decision - making authority regarding the dispute, to attempt in good faith to negotiate a resolution of claims arising under or related to performance of the contract. If, within 30 days after such meeting, the parties have not succeeded in negotiating a resolution of the claims, they will jointly appoint a mutually acceptable neutral person not affiliated with either of the parties (the "neutral "). If they have been unable to agree upon such appointment within 40 days from the initial meeting, the parties shall seek assistance in finding a mutually acceptable neutral. If the parties are unable to agree on a neutral, either party may request that the presiding judge of the Superior Court which would have jurisdiction of the matter if a suit were filed, to appoint the neutral. The fees of the neutral shall be shared equally by the parties. In consultation with the neutral, the parties will select or devise an alternative dispute resolution procedure ( "ADR ") by which they will attempt to resolve the dispute, and, if the parties are unable to agree on such matters within 20 days after the initial consultation with neutral, the procedure, time, and place for the ADR to be held will be decided by the neutral. Unless circumstances require otherwise, the ADR shall be held not later than 60 days after selection of the neutral. The parties agree to participate in good faith in the ADR to its conclusion as designated by the neutral. If the parties are not successful in resolving the dispute through the ADR, then the parties may agree to submit the matter to binding arbitration, or a private adjudicator, or either party may seek an adjudicated resolution through the appropriate court. The following subsection is hereby added to Section 9 of the Standard Specifications: 9 -3.5 Final Pay Quantities. When the estimated quantities for a specific portion of the work are designed in the bid schedule by the letter (F) as final payment quantities, said estimated quantities shall be the final quantities for which payment for such specific portion of the work will be made unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the changes in the dimensions. The estimated quantities for such specified portion of the work shall be considered as approximate only, and no guarantee is made that the quantities which can be determined by computations is made based on the details and dimensions shown on the plans will equal the estimated quantities. No allowance will be made in the event that the quantities based on computations do not equal the estimated quantities. EXCAVATION NOTICE In the event Contractor is required to dig any trench or excavation that extends deeper than 4 feet below the surface in order to perform the work authorized under this contract, Contractor agrees to promptly notify City in writing and before further disturbing the site if any of the conditions set forth below are discovered: Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class Il, or Class III disposal site in accordance with the provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in this contract. a. City agrees to promptly investigate the conditions, and if City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order under the procedures described in this contract. b. That, in the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for in this Contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by this contract or by law which pertain to the resolution of disputes and protests between contracting parties. SPECIAL PROVISIONS PART TREE MAINTENANCE SECTION 2 - TREE MAINTENANCE 2 -1 GENERAL REQUIREMENTS 2 -1.1 Pre -Job Conference Within 10 calendar days following issuance of the written Notice to Proceed, the City will schedule a conference to establish lines of communication, inspection, and reporting procedures, and performance of sample prunings. The Contractor will be paid its unit price bid for trimming sample trees. The Contractor shall provide equipment and personnel listings as follows: Eauioment Listing Provide the AGENCY with an equipment inventory list of company equipment related to this contract and to be used or updated throughout the duration of this contract. Personnel Listing A minimum of two basic climbing crews shall be provided, consisting of at least two high climbers and one groundsman. All changes to the licensed personnel assigned to this project shall be reported to the City in writing 48 hours in advance of the change. The Contractor will be required to have prior approval in writing by the City before any pesticide operations or tree maintenance operations are performed on City property by any company or persons not listed. A $500 fine per incident may be charged and is cause for termination of this contract. 2 -1.2 Conduct of Operations Safety Orders At all times, work must conform to Article 12, Tree Work, Maintenance, or Removal, of the General Industry Safety Orders, Title 8, California Administrative Code. Head protection shall be worn by all employees engaged in tree operations and shall conform to Article 10, Section 3381 of the General Industry Safety Orders, Title 8, California Administrative Code. Work shall also conform to American National Standards Institute (ANSI) Z.133.1, Standards for Tree Care Operations. In case of conflict among the above regulations, the more stringent shall apply. Dress Code The Contractor shall be responsible for having all employees wear a proper uniform. All employees' hair, beard, and dress shall be well - groomed. The proper uniform includes: Shoes - Safety boots. No sandals or tennis shoes shall be worn on the job. Shirts - All workers shall wear shirts with long or short sleeves with the maintenance company name or other identifying marks. Climbing Sours Climbing spurs shall not be used. EE uioment Identification All major equipment shall have the Contractor's name and telephone number prominently displayed. Cooperation with Others The Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference with or annoyance to the public. Communication A qualified english speaking supervisor shall be present and available to City personnel and the public during hours of operation at each working site. Photograph Documentation The Contractor will be required to provide before and after Polaroid pictures of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. All photographs must be clear and reproducible. All irrigation repairs, including irrigation wire repairs shall be photographed. All found utility lines shall be photographed. All repairs shall be thoroughly documented with dimension to three fixed hard surface points referenced on a supplementary sketch and street address noted on photograph and sketch. Contractor shall maintain photograph albums which shall be part of the project record and duplicate albums delivered to the Engineer. Compost Landscape Waste The Contractor will be required to compost or recycle all of landscape waste accumulated by pruning of trees and stump removal. The Contractor will be required to document in a monthly report to the Assistant to the City Manager the number of tons of greenwaste generated from the City monthly and the tonnage which is composed or recycled monthly. Disposal of Debri s All disposal of debris is the responsibility of the Contractor, and shall be performed in a legal manner. NO DEBRIS SHALL REMAIN OVERNIGHT The Contractor must conform to state and federal laws and regulations concerning firewood transportation. Firewood size wood may be left on -site at the request of the adjacent resident, in accordance with the following: a. The resident must complete and sign a request form, including a requirement that the wood shall be removed within 72 hours from the date and time of signing. b. Firewood size shall be minimum 6 -inch diameter and maximum 18 -inch length. c. Firewood shall be neatly stacked within the public right - of -way, clearly visible. 2 -1.3 Public Safety Notifications The Contractor shall post notices on all streets affected by his operations at least 48 hours in advance of any operations on such streets. (See Section 7 -10.5) Sidewalk Closures The Contractor shall close sidewalks on one side of the street at a time. Sidewalks shall be barricaded and posted with warning signs. (See Section 7 -10.5) Removal of Debris from Sidewalks All debris shall be removed from sidewalks as soon as practicable. 2 -2 MAINTENANCE CLASSIFICATIONS One or more of the following categories of tree maintenance is assigned to each tree. Remove (RV) - Removing trees, including stump, that are dead, diseased, decaying, that present a hazardous condition, or are in a location that could present an unsafe condition. Clearance (CL) - Pruning trees away from obstructions, such as maintaining clearance above streets and sidewalks, or clearance from utilities. Training (TR) - Pruning young trees to encourage sound structure and growth habit. Thinning (TH) - Reducing the density of the tree crown by selective pruning. Sometimes called "lacing out." Crown Reduction (CR) - Reducing the side of the crown by cutting major limbs back to substantial lateral branches ( "drop crotching "). Crown Raising (SR) - Raising the crown by removing lower branches; in the case of palms it is removing the "skirt' of dead and drooping fronds. Side Pruning (SP) - Shaping one side of a tree to clear the crown from buildings or other obstructions. Root Pruning (RP) - The cutting of roots to restrict root growth and expansion under pavements and curbs and encroachment in undesired locations. 2 -3 PRUNING STANDARDS 2 -3.1 Definitions. Branch Collar - Wood tissue ridges that form around the base of a branch between the trunk and the branch. Callus - New growth made by the cambium layer around a wound Cambium Layer - Growing point between bark and sapwood. Closure - Refers to the roll of the callus growth around the wound area. Crown Raising - The removal of lower branches for under clearance. On palms, the removal of dead and drooping fronds. Cut - The exposed wood area that remains after the branch has been removed. Cut Back/Drop Crotch - 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. Dormant - A condition of nonactive growth. Deciduous trees are considered to be dormant from the time the leaves fall until new foliage begins to appear. Girdling Roots - Located above or below ground level, roots 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 nutrients. Pollarding - The practice of cutting branches to stubs to either create a geometric shape or to reduce overall size of the tree. Precut or Precutting - The removal of the branch at least 12 inches beyond the finished cut, to prevent splitting into the trunk or branch. Pruning - The removal of dead, dying, diseased, live, interfering, objectionable, and weak branches in a scientific manner. Sap Flow - The definite course assumed by sap in its movement through tree. Scars or Injuries - Natural or man -made lesions of the bark in which wood is exposed. Shoulder Cut - The final cut, immediately beyond the branch bark ridges and preserving the branch color. Suckers - Abnormal growth of small branches usually not following the general pattern of the tree. Thinning Out - The removal of live branches to reduce wind resistance and to create more space. Topiary - The practice of pruning small trees to defined shapes, usually geometric, and maintaining the shape by frequent shearing. Topping - Pruning a tree to reduce overall size by pollarding. This practice results in abnormal tree structure, prolific suckering and weak structure. Certified Arborist - A person who can verify certification as an arborist by the International Society of Arboriculture (ISA), or an approved equal. 2 -3.2 General Standard for Tree Pruning. The Standards of Pruning for Certified Arborists prepared by the certification committee of the Western Chapter of the International Society of Arborists (ISA) are the basic standards applied to the work of this contract. Prune trees to select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached, which have vertical spacing of 18 inches to 48 inches and radial orientation, so as not to overlay one another, to eliminate diseased or damaged growth within space limitations, to maintain a natural appearance, and to balance crown with roots. In no case shall trees be topped or tip Pruned unless approved in writing by the City Manager. All cuts shall be made sufficiently close to the trunk or parent limb without cutting into the branch collar or leaving a protruding stub, so that closure can readily start under normal conditions. Clean cuts shall be made at all times. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Remove all vines entwined in trees and tree trunks. Vine tendrils shall be removed without injury to the tree. Clear all branches and foliage within ten (10) feet of primary electrical lines. All persons performing such work must be trained to do so according to the current Electrical Safety Orders of the State of California. Clear all branches that interfere with secondary electric, telephone, cable, and other utility lines within one (1) foot of such lines wherever feasible. Removal of Laterals Shoulder cuts. 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. 2. Triple cuts. For any branch too large to be held while being cut, remove by means of the following cuts: Pre -cut the branch by under cutting 4 -10 inches beyond the base to prevent splitting or peeling. 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. Remove the remaining stub via a shoulder cut. Removal of Terminals (Tip Thinnina and Drop Crotchina) Thinning. "Lace out" terminal portions of branches by cutting terminals back to laterals. (The basal diameter of the remaining lateral should be at least 1/3 the diameter of the terminal being removed.) Remove numerous small terminals and laterals rather than taking out a few large ones. Retain inner lateral branches and leave same distribution of foliage along branch. Avoid "lion's- tailing" 2. Size reduction. To take out portions of the crown for reducing 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 3/4 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.) 3. 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: a. Obstructing branches: Clear walks, traffic ways, buildings, and other manmade structures. Clear other trees, plants as needed. Clearance: Above traffic ways, 14 feet Above walkways, 9 feet From signs, buildings, etc., 5 feet b. Dead, broken, diseased, or weak branches. (Also, stubs left by previous pruners). C. Crossing branches. This includes potentially crossing branches, also upright shoots (water sprouts) vigorous, and interior - directed branches. d. Narrow crotch -angle branches. For most kinds of trees, branches with a crotch angle narrower than 30 degrees should be removed. e. 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. f. 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. g. Branches which disrupt tree form. Excessively vigorous branches, or those which run against the general branching pattern, 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.) 4. Should the Contractor discover an infestation or disease on any tree, he shall immediately stop work on that tree and notify the City. The City will provide direction concerning further work on any such tree. On trees known to be diseased, tools are to be disinfected with Physan solution or Clorox solution after each cut and between trees where there is known to be a danger of transmitting the disease on tools. The solution shall also be sprayed on the cut once it has been made. Unacceptable Work 1. Cutting back of all growing tips, usually referred to as topping, pollarding, or hat - racking. 2. Topiary trimming. 3. Flush cutting (removing the branch collars and branch bark ridge). 4. Stub cutting, where branch removal results in a remaining protrusion of more than 1/4 inch beyond the zone of branch collar and branch bark ridge. 5. Removal of a healthy main leader for reasons other than power line clearance. 6. Use of chain saws on any part of a tree less than 6- inches DBH. 7. Use of dull tools. 2 -3.3 Palm Trimming. (All species, except Phoenix canariensis and P. dactylifera.) All work shall be done in accordance with the City of Seal Beach standards and the following guidelines: 1. All dead fronds and parts thereof, including stubs, shall be removed along the entire length of the trunk of each palm, together with any ivy or vines, leaving a clean, unsheathed appearance from the base to (see table) inches from the remaining green fronds at the top of the tree. All removed fronds and fruit clusters shall be cut flush with the trunk without cutting into the trunk itself. Remove fronds to approximate horizontal. Palms with 8 feet or less of brown trunk shall be trimmed, but not slicked. Trachycarpus (windmill) palms shall be trimmed, but not slicked. Palm Species Sheathed Crown Arcontophoenix None Arecastrum (Cocos) None Phoenix 48 "-60" (symmetrical appearance) Trachycarpus None Washingtonia 36" 2. Only full green fronds shall remain at the crown and precaution shall be taken so that no live fronds are partially cut and left in the tree. 3. Fronds shall be removed up to, but not greater than, the petiole angle of 15 degrees above horizontal. 4. Phoenix species (see Appendix for City Standards) 2 -3.4 Sidewalk Damage. The Contractor will not be liable for existing broken and /or raised sidewalks. The Contractor will be responsible for replacement of sidewalks negligently damaged by its operations. Sidewalk and /or curb that must be removed and replaced in order to properly remove a tree will be paid for at the contract bid unit price per square foot or linear foot as applicable. Bid unit prices are listed on the proposal form under "Extra Work Unit Prices." 2 -3.5 General Requirements Extra Work During annual tree maintenance the agency may request of contractor that additional trees, above the quantities bid, receive maintenance. This will be considered as "extra work" by the Agency and Contractor will be compensated for said work at Unit Price per bid. APPENDIX A CITY OF SEAL BEACH PARKS, RECREATION, AND COMMUNITY SERVICES DEPARTMENT PALM TREE TRIMMING SERVICES FOR CANARY ISLAND DATE PALM SPECIAL PROVISIONS SPECIAL PROVISIONS FOR TREE TRIMMING FOR THE CANARY ISLAND DATE PALM (PHOENIX CANARIENSIS) 1. Chain saws shall be prohibited from use on this project due to the inability to sterilize them. Loppers are the preferred pruning tool, followed by hand saws and shielded machetes. A sterilized, sharpened spade may be used to shape the "pineapple" and trunk. Remove all loose material on the "pineapple" area. 2. Remove dead and /or desiccated fronds and flower stalks. All fronds and parts thereof, including stubs, shall be removed by hand saw along the entire length of the trunk of each palm, together with any ivy or vines, leaving a clean, unsheathed appearance from the base to 48 to 60 inches (symmetrical appearance) from the remaining green fronds at the tap of the tree. All removed fronds and fruit clusters shall be cut flush with the trunk without cutting into the trunk itself. Remove all fronds to approximate horizontal. Palms with eight feet (8') or less of brown trunk shall be trimmed, but not slicked. 3. Only full green fronds shall remain at the crown. Precautions shall be taken so that no live fronds are partially cut and left in the tree. 4. Fronds may be removed up to, but not greater than, the petiole angle 15 degrees above horizontal. 5. All pruning tools must be sterilized by a minimum five minute dip in a mixture of 50 percent Clorox bleach and 50 percent water. Clorox bleach is a 5.25 percent solution of Sodium Hypochlorite and water. When mixed 50/50 with water, the mixture becomes a 2.25 percent solution of Sodium Hypochlorite. After dipping tools in the sterilization solution for a minimum of five minutes, all tools must be rinsed off in a bucket of clean water or by spraying them with clean water. 6. Two sets of tools shall be used, one set to prune with and the other set to soak in the sterilization solution. The tools should be switched between each palm tree, so that a sterilized tool is always ready for use. 7. At the end of the work period, all tools should be sterilized one final time and rinsed with water, dried, and sprayed with a lubricant, such as WD40, to prevent corrosion. 8. Contractor shall take every precaution to safeguard against the caustic and irritating effect of Clorox bleach on the skin and eyes of tree worker crews and other personnel. 9. The use of climbing spurs or spike shoes in the act of pruning palms, is prohibited. 10. Chipping of palm fronds shall not be permitted within the City limits of Seal Beach. All fronds shall be disposed of properly off site. APPENDIX B APPENDIX D DATE PALM TREE REMOVAL SPECIFICATIONS PART 1- GENERAL 1.01 DESCRIPTION. A. Work Included: Provide removal of existing dead palms, including disposal, as specified. 1.02 QUALITY ASSURANCE: A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Dana Point. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions. "Standard Specifications" - Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation, CALTRANS. ASTM - American Society for Testing and Materials. DIS - Division of Industrial Safety. 1.03 SITE REVIEW A. Inspection: Inspect site prior to commencing work. Determine scope of all applicable site conditions. B. Salvage Meeting: Contractor shall call for a "Salvage Meeting" with the City's representative to establish the limit of removal and turnover of products to City if any. C. Acceptance: Commencing work constitutes Contractor's acceptance of all site conditions, both surface and subsurface. No extra payment shall accrue to Contractor by virtue of unknown conditions or difficulties of performing this demolition work. 1.04 JOB CONDITIONS A. Survey of Existing Conditions: 1. Responsibility: The Contractor shall be responsible to verify all existing conditions whether shown or not. B. Protection of Existing Plants to Remain: 1. Operations: Do not store materials or equipment, permit burning, or operate or park equipment under the branches of any existing plants to remain except as actually required for construction in those areas. 2. Notification: Notify City representative when Contractor feels construction activities may damage existing plants to remain. 3. Replacement of Damaged Plants: a. Replace existing plants to remain which are damaged during construction with accepted plants of the same species and size as those damaged at no cost to City. b. City representative will determine extent of damage and value of damaged plants. C. Protection of Existing Site Improvements: 1. References: Verify and maintain all bench marks, monuments and other reference points. Replace if disturbed or destroyed. 2. Protection: Protect all existing improvements to remain. Supply all shoring, bracing, reinforcing and barricades required. 3. Utilities: Keep in operation at all times, all existing utility circuits and piping to remain except at the direction of the City. Notify City should utilities not shown on As -built Drawings be found during demolition. 4. Repair. Restore all damaged site improvement to remain to satisfaction of the City representative at no cost to the City. 1.05 MATERIALS AND EQUIPMENT WARRANTY A. General: Use only materials and equipment specifically designed for the work. Be responsible for all defects in materials or workmanship. B. Guarantee and Repair. Repair or replace all work not in compliance with these specifications, irrespective of the time of discovery, for a period of one year from the date of Final Acceptance. 1.06 JOB CONDITIONS A. Work Schedule: Proceed and coordinate with the work as the site becomes available. 1.07 SELECTION AND TAGGING OF PALMS FOR REMOVAL A. Tagging: City representative will select and tag at the site, those palms to be removed and disposed off -site. 1.08 UNDERGROUND UTILITY NOTIFICATION a. Notification and Coordination: The Contractor shall contact Underground Alert and affected utility companies, and review City as -built plans prior to excavation. PART 2- PRODUCTS 2.01 MATERIALS FOR EXCAVATION AND REMOVAL Contractor's option. 2.02 IMPORT TOPSOIL 1. Sources: Furnish imported topsoil from sources accepted by the City's representative. 2. Certification: Source of above shall be approved and conformity of material shall be laboratory verified for each 100 cubic yards of material delivered to the site. 3. Analysis: Obtain an agricultural suitability analysis of the proposed topsoil from an accredited soils laboratory at Contractor's cost. 4. Acceptance: Submit soils analysis and recommendations to the City representative for acceptance. 5. Samples: The City reserves the right to take samples of the imported topsoil delivered to the site for conformance to the Specifications. 6. Rejected Topsoil: Immediately remove rejected topsoil off the site at Contractoes expense. 7. Stockpiling: If stockpiling is requested, locations and amounts of stockpiles will be designed by City. PART 3 - EXECUTION 3.01 GENERAL A. Compliance: Remove existing palm tree as tagged by City representative and as indicated in Appendix B herein, in an orderly and careful manner, in compliance with all local applicable codes and ordinances concerning noise. B. Disposal: Legally dispose of all removed palm materials off -site unless otherwise directed by City. 3.02 UTILITIES AND IRRIGATION A. Capping: Disconnecting and capping of utilities must be in accordance with the regulations of the utility company affected. B. Removal: Removal of buried pipes or conduits is not required if such pipes or conduits lay below the work required under other Sections of this contract. A. General: Avoid damage to adjacent improvements. Remove completely all concrete slabs, asphalt, walks and paving including all connected equipment and all aggregate base that come into conflict with removing palm rootball. B. Sawcutting: Accurately and cleanly sawcut existing asphalt paving and concrete pavement. Confine cuts to impacted area. Avoid damage to adjacent improvements. C. Finishing: Rough grade all excavated areas as necessary to achieve the final line and grade as called for in other sections of this work. Compact to the density of the surrounding area. The final surface shall be smooth, even and tight, free from loose or soft areas. 3.04 REMOVAL OF INFECTED PALMS A. Chain Saws and Stump Grinders and/or Root Pruners: Chain saws, stump grinders and root pruners are permitted for removal of Palm trees only. Due to the potential to infect the surrounding soil with wood debris and sawdust, all equipment should be cleaned of excess soil, wood debris and sawdust into the surrounding visqueen apron prior to transport to the next location. 1. Contractor shall take every precaution to safeguard against the contamination of. the surrounding soil with wood debris and sawdust. Stump Grinders and or root pruners should be cleaned of excess soil, wood debris and sawdust into the surrounding visqueen apron prior to transport to the next location. 2. Chipping of palm fronds shall not be permitted within the City limits of Dana Point. All fronds shall be disposed of properly off site. B. Palm Removal: Spread new visqueen apron under excavation procedure are to catch potential flaking of palm tissue onto the ground. Wrap the entire palm trunk including the remaining fronds with plastic shipping wrap. Remove dead or dying palm trees in sections including trunk, 'pineapple," and remaining canopy. Remove any small pieces of the palm which could contaminate the surrounding area. C. Sterilize Equipment., Sterilize and decontaminate truck bed and equipment with bleach solution after disposing of infected palms at landfill. Dispose of nylon slings, ropes and other equipment that cannot be easily sterilized. D. Landfill Disposal: Dispose of all infected palms at landfills per County and State regulations. 3.05 EXCAVATION AND GRADING A. Excavation Area: Excavation or grinding of rootball shall be a minimum of two (2) feet deep and five (S) feet wide, except where approved by City representative. Remove all soil and rootball grindings in the immediate palm removal site and dispose off -site. B. Import Topsoil Fill: Fill excavated hole with loam topsoil and compact to 85% density. Fine grade import topsoil to match existing adjacent finish grade elevations. 3.06 REMOVAL OPERATIONS A. General. 1. Notify City representative at least five (5) working days prior to removal concerning the date and time of operation. 2. After loading the palms for transport to the disposal site, cover the leaves, trunk, soils and any deleterious palm material with dense shade cloth or other woven material to minimize wind dispersion and potential for spreading disease. 3. Take every precaution that the canopy head is not bumped, shaken or dropped, always protecting the apical meristem (central bud) from any contact. Minimize any movement of the palms during transport that could jar or shake the infected canopy, causing it to break. 3.07 CLEAN UP A. Keep all areas of work clean, neat and orderly at all times. Remove all deleterious materials and debris from the entire work area daily and dispose. City of Seal Beach STREET TREE POLICY AND ADMINISTRATIVE GUIDELINES January 1997 Purpose The purpose of the Street Tree Policy and Administrative Guidelines is to provide for implementation of the tree planting and preservation program as recommended by the citizens tree preservation group, the City Tree Advisory Board. This program is summarized in the Mission Statement of the citizens group: Create a long range, mi nprehensive plan for n sustainable urban forest for the City of Seal Beach, indudiug nua agewent, edurntio n and implementation. These efforts will enhance the highest level of health, safety, and Welfare for the entire community. The goals and objectives of this policy include: • The development of a citywide policy to govern the installation, removal and replacement of street trees; • Increasing the number of street trees; • Preservation of existing street trees; • Identification of appropriate and desirable trees; • The formation and implementation of educational programs; • Identify and pursue funding sources including public /private partnerships; • Establish long range aesthetic value; • The establishment of a balance between public /private /business interests. Background Information "Street trees" are those trees which grow in any City owned easement. Because a planted tree is considered real property (it is part of the land), it is owned by the owner of the street easement or fee title of the land. Because the City owns fee title to most streets and their easements, the City is the owner of trees in the easement, or parkway. A parkway is defined as the area between the property line and the curb. This area varies in width throughout town. In some areas the easement actually extends behind the sidewalk In most cases, the planted parkway is considered the area between the sidewalk and the curb. Staff estimates that the City, owns approximately 4000 to 5000 street trees. Previously, no formal policy existed to provide guidelines for trimming, root cutting, spraying, watering, fertilizing, removing and replacement of street trees. Through the years, various reports have been written for Council regarding street trees. Several past administrators have proposed and implemented different policies at different times. The practices that are followed now on a day to day basis are based on informal guidelines that have worked fairly well through the years. The City's annual financial commitments to continually repair and replace sidewalk, curb, and gutters due to the damage from street tree root systems and potential liability exposure has initiated new interest regarding street trees throughout the City. In response to these recent concerns, the City has formed the City Tree Advisory Board to provide assistance to the City Council in developing a street tree program that is consistent with our community values. The Board consists of Council appointed citizens who have an interest, knowledge, or expertise in the physical and aesthetic environment of the City. Appointees represent a diversity of interests including residents, businesspersons, City Council and commission members, and landscape 2 architects. City maintenance personnel, State Forestry Department, and the City's tree trimming contractor serve as resources to this committee. Although the Cit/, s existing ordinances and policies prohibit unauthorized planting and removal of street trees within parks and street parkways, it was agreed that this document is needed to set street tree policy and guidelines. Following is a summary of procedures and requirements that staff must employ to fulfill the spirit and intent of the Street Tree Policy and Guidelines. (1) MANAGEMENT The Director of Public Works shall administer the City's street tree policy as provided for herein. The Parks Supervisor shall manage the maintenance and care of all street trees throughout the City. No person shall plant, remove, or alter any street tree without the permission of the Director of Public Works or Parks Supervisor. (2) MAINTENANCE The City is responsible for trimming, spraying, root pruning, and all maintenance of street trees. Trees are trimmed on a regular schedule by the City's contact tree trimming firm. City and contract tree trimming crews will respond to call in requests if the Public Works Director determines that there is a hazard being created such as an overhanging branch, root protrusion or a diseased tree. All tree spraying, removal, and replacement is done by City staff and contract services as manpower and funding are available. (a) Waterin &Irrigation The adjacent property owner is responsible for watering street trees. Residents are encouraged to extend and /or instill new irrigation systems to water existing street trees. Irrigation systems for new street tree plantings in conjunction with development redevelopment, or major remodel building permits, are required. All 9 work will be done in accordance with City permit procedures and City standards (See Attachment B). All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use. (3) NEW PLANTING Additional street tree planting in accordance with the guidelines set forth in Appendix A of this policy are encouraged. All trees planted on public property, right of way, or easements as permitted by this policy shall be located and planted under the supervision of the Parks Supervisor. Subject to availability of funds, the City will purchase a 15- gallon tree and the root barriers for the planting of street trees in vacant locations. A property or business owner who desires a larger tree can achieve this by paying to the City the difference in cost between a 15- gallon tree and the larger tree, either a 24 -inch, 36 -inch or 48-inch box. Priority for new plantings shall be determined by the Director of Public Works, the City's Tree Board, and as provided for under the funding section of this policy. Highest priority will be given to those offering a contribution for a larger tree. The appropriate species and spacing shall be in accordance with Appendix A of this policy. (a) New Development, Subdivision, and Redevelopment No subdivision, resubdivision, and redevelopment shall be approved unless it is found to include approved street trees as appropriate along the frontage of the development project. The appropriate species and spacing shall be in accordance with Appendix A of this policy. (b) Vacancies Upon the determination of the appropriate spacing and species within certain planting districts as shown in appendix A, the City will plant vacancies throughout the City as funding becomes available. The Public Works Department and the City Manager will establish budgets and priorities for such planting. Property which is subject to frontage improvement requirements, as a result of development I redevelopment, or major remodel building permits, will be required to plant approved street trees at vacant locations. (D) REMOVAL & REPLACEMENT (a) Removals The City is responsible for removal of street trees where deemed necessary. The City shall determine if a street tree needs to be removed because of potential danger or damage to property. Requests to remove and replace trees is done on a first come first served basis, and subject to availability of funds for both removal and replacement, unless specific situations are creating an undue hazardous situation which warrants immediate attention. Trees are removed only if they are creating a hazardous situation such as potential for tripping, damage to sidewalks, driveways, streets, curbs and gutters, sewer and water lines or other utility lines; if they are unhealthy; or if they are the improper types for the area. Removal of a street tree shall be considered only after all efforts to save the tree such as root pruning, trimming, and chemical treatment have been considered and determined to be inappropriate. Trees which have received prior designation as being of historic or special significance will not be removed under this procedure. Many trees which should be removed remain due to lack of funding and manpower resources. The Public Works Department will determine street tree planting priorities to efficiently manage available funding and achieve effective results. To expedite removal and replacement of lower priority street tree installations, property owners may contribute the costs to have the work performed. (b) Replacement All street trees removed shall be replaced unless the Public Works Director determines it is in the interest of safety or sound horticultural practices not to replace 5 the tree. All replacement trees shall be consistent with the Master Tree List guidelines see Appendix A, or an approved alternate. Proposals for alternative tree species, not on the Master Tree List, may be submitted to the Director of Public Works for consideration by the Tree Advisory Board. The size and type of tree must have final approval of the Public Works Director. In cases were a replacement is mandated due to disease, tree damage, or invasive roots which is damaging adjacent infrastructure, City staff will provide labor and materials to replace trees as staff and funding are available. Subject to availability of funds, the City will purchase a 15- gallon tree and the root barrier. A property or business owner who desires a larger tree can achieve this by paying to the City the difference in cost between a 15- gallon tree and the larger tree, such as a 24 -inch, 36-inch or larger boxed tree. In cases where an adjacent property owner desires to remove a street tree that does not meet the above criteria and is otherwise healthy, the cost of the removal and replacement (if approved) shall be the responsibility of the property owner. This includes the removal and replacement of inappropriate species which are not diseased, damaged, or causing damage to infrastructure. Replacement trees shall be of appropriate size with a 24 inch box minimum, unless otherwise approved by the Director of Public Works. (c) Planting:, Removal, €z Replacement by Property Owner An encroachment permit from the Public Works Director is required for new Planting, removals, and replacement of street trees by property owners. All costs for replacement will be paid by the property owner. Selection and spacing shall be in accordance with Appendix A of this policy. All work will be done to City Standards, See Appendix B. 0 (E) UNAUTHORIZED PLANTING Some trees which were planted by the property owner in the parkway have potential to cause damage to the street, sidewalk, driveway, or utility lines. It is hereby reaffirmed that staff has authority to require the property owner to remove the tree when it can be ascertained who is responsible for planting it without City authorization. If it cannot be ascertained, it is hereby reaffirmed that City staff, upon determining such tree is not on the approved Master Plan or that the tree has potential to damage public property, may remove the tree. In such cases, the tree will be immediately replaced with a minimum 15- gallon tree, depending upon availability of funds and /or willingness on the part of the private property owner to contribute toward the cost of a large tree. These provisions are intended to assist the City in responding to frequent reports of damage to sidewalks, curbs and driveways caused by unauthorized planting of inappropriate trees. (F) FUNDING The City will fund the City's Street Tree Program though grant funding programs, private contributions, and the City's General Fund as funds are available. Private contributions will be accepted by the City and deposited into a designated Street Tree account Plantings that are funded through private contribution, either in part or whole, will receive priority within the City's Street Tree Program. (G) PUBLIC EDUCATION It is in the City's interest to promote public education on the value of trees to the entire community. Specifically, education will promote the proper care of existing trees, procedures for planting, trimming or removing trees, and how residents may contribute monetarily and /or through volunteer work to provide more trees in the community. 7 APPENDIX A - MASTER TREE LIST The Master Tree List provides guidelines for property owners and City staff in selection of replacement or new trees and would ensure conformity throughout neighborhoods. The following list has been compiled by the City's Tree Advisory Board. This list shall be reviewed and updated on an ongoing basis to ensure additions of appropriate street trees and new cultivars and deletion of inappropriate trees. \(z kk< /# ( \/[ �(r ¥} \ § \< §[ § ;� 2! 72§ ,77z \ - _ §§\ 2!t §: \ \!y ¥mo - °(; - } ® `� =Reek( \$(# §k}( &�» \ \/ / \}\z 0 zww2 0 §j( ) §\k (wc <02 §!: E w§!2 §M :M< § ;m� !! ;/ zuue Me: !@; §2 , z z z z. z , z § k / © , } \ \ ! fz § )( } , ) z - & / \ / G - 5 >' !( k }� \� ! (( §; \ !w mz \ \} \\ \ 2 z / \ \\ ww W} /\ () z O Y m W z rr � i �zv 3 <ozo au�iV0 z? " >< p �tzZO 0 pa gyZ zyz� h Fm3 m � ❑ ❑ ooa �-^ z� C 6 6 U O Z N U F y 3 a Y rJr?Wx >� 3 <=< Uv3z< is < YpC ow �zo 3mz3 m3 020N Zmo�f om F>-. ai d3 ijd < =aaF yo ,ocm 2m='cu o< �N2 w0 U v» f m 6��i. EwOC v��ia❑ FU U <ym ❑a z a< Z 6 F O m u. a z z z Y a z Y z z FN N N N N N 6i N N N O V Fy_' O O � ❑ O � � ❑ i U 0 n m Vi N N N N N O 'V N a o m a M N N N N O O O N Y ❑ ❑ ❑ ul m ❑ ❑ ta] C ❑ d a h z z< Q i m S ; < Z 4 F < < Z 6 0 i Y V Z Y < Z 0a 00 .]Y O� ow� < Z m� o� c �y o� z D =L O <> ax x< C'tsl C Y << AGREEMENT ACCEPTANCE OF CONDITIONS IN THE MATTER OF THE APPLICATION OF: Frank Tahvildari LAYLA'S CAFE 13956 Seal Beach Boulevard Seal Beach, CA 90740 FORA Conditional Use Permit AT 13956 Seal Beach Boulevard (Type of Rryuest,e &CUP, Vari ,W.) (Address) PURSUANT TO THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF SEAL BEACH. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } The undersigned applicant for Conditional Use Permit 99 -12 (Indefinite Extension) (C N..) hereby acknowledge receipt of a copy of the Planning Commission Conditions of Approval through Resolution No. 01 -16 Granting him or her a permit for the above use. Applicant does now hereby accept and agree to comply with all the terms and conditions pursuant to, and under which, said permit was granted to the applicant. Signature(s) (Applicant(s)) Signature (Owner) STATE OF CALIFORNIA } COUNTY OF ORANGE } Subscribed and sworn to before me this day of , 200. Notary Public in and for said county and state. My commission expires on Q:U ept ofCondV yla's AOC.dw ) k \ §y(2 ( \Z /�) z- § /) zmk (_`/ w!k rW§z / /((�k) § u k 3U z\ § [ E§/ § !_:, "u / ) \ \/ \ Dwo , 0 ! , 2 0 2 2 2 7 §z) § z @ _� \ § )! ( @ :e & 2 § - § ) j ! & z ) \4 / a = ; j `- �� () / i� _ <\ \ o :- ») ) -- )) // \) \ j; )k )/ (/ // §d §» \ () �) \\ \\ \/} §2§ §ky k ! ( � ®) ( }\§ ) !( £0 \ Z §§ ) \§ \)0 u i ;r k cl \z ) HWZ / \ §�\ } <Z §(§$ /) .(- §/a _ \%\! >§! _)/ \[; \) / \\ } \/ CC a cc ) ®m 2� ! ` ( )/ £ \ \u }§ § \ ! ! \ - k( §) §( ! 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No tree shall be planted closer than ten (10) feet to a sewer lateral, driveway, fire hydrant, water meter or gas meter, or closer than twenty (20) feet from the beginning of the curb return except upon approval from the Director of Public Works. Root barriers are required for all parkway street tree installations and private property planting adjacent to public infrastructure. Planting shall be in accordance with attached arboricultural standards and standard practices as set by the International Society of Arboriculture. Fertilizers and amendments shall be added in accordance with standard landscape planting practice. Mortarless pavers for use in sidewalks adjacent to planting locations, tree grates, and other approved devices that enhance and promote healthy root systems are encouraged. Work within the Public Right of Way Any alteration to those trees identified as City Sheet Trees must be done by City personnel unless the following procedures are followed. • A Public Works Encroachment permit must be obtained by the property owner or the contractor performing the work. • All work performed must be done by a licensed, insured and bonded tree contractor. • A site inspection by City staff is required for approval of the permit Approval of the permit requires a determination that the desired action is appropriate within the Street Tree Policy and Administrative Guidelines of the City of Seal Beach. • If the action is warranted, as determined by the City staff inspector, the inspector will set out specific guidelines regarding how the tree should be treated. 91 L' r a � I. Introduction: responsibilities and possibilities It takes five years to plant a tree. 3 successful tree planting involves: a)Selection of a site, and definition of site characteristics (space: above, at, and below the soil surface; type of soil; drainage, etc.). b)Selection of the right kind of tree (i.e., a species that can grow to full size and live for 40 -100 years or more in good condition, providing the desired landscape function, with very low maintenance). c)Selection of high quality specimens for planting. d)Preparation of the site. e)Installation of the tree(s). £)Timely, adequate post - planting care. g)Monitoring for the first five years. h)E£fective water management, protection, and pruning (training for suitable primary branch structure and general form) for the first five years. If all of those operations are carried out appropriately, the tree can thrive, and can provide from one to many human generations of benefit, at very little cost or effort after the critical first five years. Tree planting can range from the planting of seeds weighing only a few milligrams, to relocation of mature trees weighing 25 to 40 tons. Most tree planting, however, consists of installing nursery grown trees that are from about one to three years old. -- In California, the majority of landscape trees are grown. in containers and marketed as 1, 5 or 15 gallon size container specimens. The' m", t generally preferred size for planting is the 15 gallon size. Therefore, most of the guidelines offered here will relate to the planting of 15 gallon size container -grown trees. The following pages illustrate the steps in the installation process. Most planters will not have the opportunity or knowledge needed to carry out steps a) through d) above. It is to be hoped that those responsible for preliminary preparations will have done so in an appropriate manner. Even though citizen volunteers may not be able to do much beyond the operation of tree installation, all planters should be made aware of the need for effective fulfillment of the preliminary stages. Those who continue to work with trees should learn, practice and teach the full spectrum of proper tree management operations. -3- There are only two conditions under which a tree should be staked: (1) if the trunk is not strong enough to support the branches and leaves; or (2) if the tree needs protection from intentional or accidental damage by humans or by large animals in the area. When vandalism, browsing animals, or accidental injury to the tree need not be addressed, each newly planted tree should be inspected to determine whether support staking is necessary. When it is not, no staking should be done. Trees that have been grown in the open rarely need support. However, most of the available trees for planting will have been grown in containerized nursery blocks. Such practices as crowding, topping and rigid staking in the container usually induce abnormal, weakened trunks. Then it becomes necessary to stake the trees as soon as they are planted. When the staking is done correctly, the trees are given the required support, and at the same time, are enabled to develop natural strength and flexibility. After 6 months to a year of proper support staking, the trees will no longer need the stakes: at that stage the stakes and ties must be removed. If left in place after the tree has become capable of self support, the stakes and ties will not help, and may seriously harm the tree. There are thus three steps in staking: 1)deternuning whether stakes are needed; 2)instailing stakes when necessary; and 3)removing stakes and ties in 6 -12 months, when the tree no longer needs the support. A. Detexmining need for stakes 1. Does the history of the planting site indicate a likelihood of vandalism? (If so, protective staking is recommended.) 2. Will the tree be subject to injury from lawn mowers, nylon string trimmers (weed eaters), or other maintenance equipment? (If so, -4- protective staking is recommended.) 3. Will the tree be exposed to heavy foot traffic, injury from cars or trucks (e.g., if situated close to a parking site), or other sources of accidental impact? (If so, protective staking is --commanded.) 4. Does the tree trunk show definite taper? (Taper refers to the decrease in trunk diameter from ground level upward. That is, pronounced trunk taper will be seen as a trunk that is broader at the base,than further up the stem. Good trunk taper is usually found in species such as sweet gum (Liquidambar), and in pines, spruce and other trees which have branches growing out close to the ground.] (If the trunk shows pronounced taper, the tree probably will not need support staking.) 5. If a tightly - attached stake was present when the tree was obtained from the nursery, the stake should be left in place during the planting operation. :after the tree has been installed, untie and remove the nursery stake. Does the unsupported trunk bend over under the weight of the branches and foliage? (If so, the tree needs support staking.) 6. If the unsupported trunk is bent over, either by the wind or by gently pushing it, does it return to a normal upright position when the pressure is released? (If so, it should not require support staking.) 7. If a free - standing tree does not have enough strength and resilience in the trunk to hold and return the crown to a normal vertical placement, it should have support staking. The next step is to determine the point along the trunk at which it should be secured to the stakes. B. Specifications for staking. 1. Protective staking. When a tree is self supporting, but needs protection from people or machines, it should have protective staking. If the main potential for injury is from mowers and /or grass trimmers, -5- 3 or 4 short stakes should be driven into the ground around the base of the tree. The stakes can be 2X2 inch by 4 foot lumber, or 3 inch round lodgepole pine stakes cut to 4 feet (and pointed on one end, in either case). The stakes should be set about 15 inches apart, surrounding the tree trunk. After the stakes are driven. into the soil, their tops should be about 2'z feet above ground level. (It is important that they be clearly visible, so people will not trip over or walk into the stakes.) If the trees need shielding from vandals or impact, e.g., by parking vehicles, the stakes should be heavier , taller, and connected by cross- pieces. 2X4 inch or 3X3 inch stakes, set to a 4 -5 foot height, should be driven in at 15 -18 inches apart, with 4 surrounding each tree. 2X4 inch cross pieces should be bolted or nailed to the stakes at 6 -15 inches above ground level, at the tops of the stakes, and at 18 -24 inch intervals between the top and bottom crosspieces. 2. Support staking. Use 2X2 lumber, about 6 feet long, and pointed on one end; or 3 inch round lodgepole pine stakes. (Other materials can also be used: the items above are suggested because of their ready availability and suitable size.) If the tree has a nursery stake snugly attached, and a uniformly thin trunk (i.e., no perceptible taper) which appears unlikely to support the crown (branches and leaves), it would be advisable to set the support stakes in place before untying the nursery stake. Support .stakes should be installed in pairs, on opposite sides of the tree trunk, more or less perpendicular to the direction of seasonal strong winds. In coastal southern California, Santa Ana winds are generally from the northeast, and coastal winds usually from the southwest: therefore it is a good idea to set the support stakes on the northwest and southeast sides of the tree trunk. The stakes should be installed about 8 -12 inches away from the tree trunk, in locations which will not cause rubbing against the trunk or ss branches. Stake driving with a maul or other heavy hammer is not recommended. There is too much likelihood of injury to trees and tree planters. The most useful device is a post driver, a heavy metal cylinder, capped at one end, and having two handles attached to the sides. (The manufactured post drivers are 4 -6 inches in diameter, and 24 -36 inches long. Handmade versions usually are at the lower end of those size ranges.) The post driver is placed over the top of the stake,and the stake is driven into the ground by lifting and then forcefully pulling down on the post driver. The stakes should be driven into the ground to a depth of about 2 feet, when feasible. Stake placement for 15 gallon size container -grown trees is usually in the backfill zone: the backfill soil is not firm enough to give adequate stake stability, so the point of the stake needs to penetrate the undisturbed soil below the planting hole. .fter the stakes are in place, ties are to be attached to stabilize the tree trunk. To give maximum benefit, the ties should be placed at the lowest effective trunk height. When a trunk is secured to stakes at an unnecessarily high point, it defeats the aim of strengthening the trunk. When a trunk or branch is flexed by windforce, gravity, or other pressure, the stress sets off a series of responses in the woody tissues: the end result is that the cell walls become thickened in ways that make the trunk or branch stronger, while retaining flexibility. If the trunk is tied higher than is appropriate for this process, it remains dependent on the support. To determine the right height for placement of support ties on the trunk: a)Hold the trunk firmly at about halfway between ground level and tree top. b)Have the upper trunk portion gently pulled to one side. The bending of the trunk should be as nearly horizontal as is practical, without risking breakage. (However, if there is uncertainty about the stem's -7- tolerance for bending without breaking, bend the tree's top only a little bit: better a slight misplacement of support ties than a tree whose top is broken out.) c)After the upper part of the stem has been flexed sideways, it should be released. d)If the crown does not return by itself to a normal upright position, the point at which the trunk is being held is too low for effective support. Grip the trunk at a higher level and repeat the flexing process. e)If the crown returns readily to a natural vertical position, repeat the process while holding the trunk in place at a lower level. £)After a few trial and error tests of the tree's ability to right itself after the upper part has been bent over and released, one can determine the lowest point on the trunk at which stabilization will assure vertical orientation of the entire stem. The proper place to tie the trunk to the support stakes is about 6 inches above that point. The ties should be strong enough that they do not break under wind stress; flexible enough to let the trunk move a little in the wind; and sufficiently broad, smooth and non - constricting to hold the trunk without damaging the bark by tubbing or girdling ( "choking ") the trunk. Many suitable types of tie material are available. These include heavy plastic plant (tree) tie ribbon, rubber or plastic tubing, and a variety of commercial products. Conversely, many utterly unsuitable types of tie material are available, which should never be used. These include wire, twine, rope, and a commercial product which consists of a curved metal rod. Do . not use anything which is rigid, or which will abrade the bark, or which can constrict the stem and thereby girdle it. It is usually best to attach the tie between the tree stem and the stake in a H figure eight pattern. That is, put the tie around the trunk, cross the ends then wrap it around the stake. Nail or staple the tie to the stake, but not to the tree. FRen both ties are in place, they should be firm and taut, but not stretched tightly. They should hold the trunk in an upright position, yet allow it to bend slightly under pressure (to allow a little away in a breeze). The tops of the stakes should then be cut off about 2 inches above the ties. �ff DIG A HOLE -9- PLANTING A TREE -a FILL WITH WATER `LORE TILALN 3 I =5 PER HOUR: EXCESSIVE DRAINAGE RATE 1 -3 PiCHES PER HOUR: GOOD DRAINAGE RATE LESS THAN 1 INCH PER HOUR: POOR DRAINAGE RATE 1- GALLON -SIZE TREE: 12 INCHES OR MORE HEMURE RATE OF DRAINAGE S-GALLON -SIZE TREE: 20 INCHES OR MORE 15-�-ALL0N -SIZE TREE: 30 INCHES OR "FORE 2. DIG PLSNIMG HOLE AT LEAST 2 TIMES AS WIDE AS ROOT BALL. -10- PLANTING A TREE (CONl.) 3. DIG FLAhTING HOLE THE RIGHT DEPTH. ROOT EJ F?S.1 13--1S" CLAY SOIL; PODR DRAINAGE: TOP OF ROOT BALL 1 -2 INCHES :ABOVE SMOUNDING GRADE ROOT I _ _ _ BALL 14 -15" y LOAM SOIL; NOD DRAINAGE: TOP OF ROOT BALL ABOUT 1 INCH .ABOVE SLRROT, ,DING GRADE 1 -2" -� v� .0 I SANDY SOIL; FAST DRAINAGE: TOP OF ROOT BALL 1-2INCHES BELOW SURROUNDING GRADE �• raa � DEEPEN PLANTING HOLE AROUND EDGE ROOT BALL 2 -4" WIDE 2 -3 FI. DEEP FILL WITH 3/4" GRAVEL ADGER DRAIN HOLES IN BOTTOM OF PLANTING HOLE -11- PLANTING A TREE (CONE.) 4. PLACE ROOT BAIL IN PLAIMM HOLE; BACRFILL WITH THE SOIL TART WAS TAKEN OUT TO MAIM THE HOLE. FILL IN 3 -4 INCHES. TXMP OR FIRM SOIL I:ITH FOOT PRESSURE. REPEAT LNTIL HOLE IS FILLED TO TOP EDGE OF ROOT BALL. - -- _- I POOi � �M �• to 0 Li. 6. WATER ROOT BALL (NOT BACKFILL). USE HOSE NOZZLE OR ROOT FEEDER ATTACI�IMEYr, IF AVAILABLE, TO WET INSIDE OF ROOI BALL. APPROXIMATE VOLDME OF WATER: 1- GALLON -SIZE TREE: 1 -1g QUARTS 5- GALLON -SIZE TREE: 1 -1� GALLONS 15-GALLON -SIZE TREE: 2 -4 GALLONS -12- PLANTING A TREE (CONT. ) 7. WATER THE BAGRFII.L SOIL. FILL THE CATCH BASIN WITH WATER. AFTER THE WATER SOAKS IN, REFILL. APPROXIMATE VOL@g OF WATER: 1- GALLON -SIZE TREE: 1 -2 GALLONS S -GALLON -SIZE TREE: 3 -6 GALLONS 15- GALLON -SIZE TREE: 10 -20 GALLONS To •1 F, NO MULCH AGAINST TREE BASE. 2 -3 INCH DEPTH OF MUT.CH OUT TO SOIL RIDGE. SUITABLE MLT.C}iFS: WOOD CHIPS (NITROLIZED, IF AVAILABLE), DRY LEAVES, DRY (BROWN) GRASS CLIPPINGS, REDWOOD BARK, A:ND OTHERS. i (BER "1) 9. STAlM TREE (ONLY IF NEEDED). TWO STAKES, 8 -12 INCHES FROM TRUNK, LOCATED PERPENDICULAR TO DIRECTION OF PREVAILING WIND. TIE TO TREE TRUNK 6" ABOVE LOWEST POINT THAT WILL RETURN FLEKED STEM TO NORMAL UPRIGHT POSITION. -13- LONG, FLEXIBLE, VON - CONSTRICTING; ACHED IN FIGURE EIGHT WW. )M SMI l,= SUPPORI WILL RESTORE r NORMAL VERTICAL POSITION, AFTER 1E4AYS A \'D RELEASED. THICK STAKES, SQUARE OR ROUND. BASIN • •• :• •a� • • • I • •• • �a• a• • r a PRUNING STANDARDS WESTERN WESTERN CHAPTER CHAPTER 1weniAtio"al Societal of Arborictilti+re ARIZONA CALIFORNIA HAWAII NEVADA Certification Committee • PO. Box 3118 • Napa, California 94558 WESTERN CHAPTER ISA PRUNING STANDARDS Purpose: Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses has led to pruning practices which best preserve and enhance the beauty, structural integrity, and functional value of trees. In an effort to promote practices which encourage the preservation of tree structure and health, the W.C. ISA Certification Committee has established the following Standards of Pruning for Certified Arborists. The Standards are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. The Certified Arborist must take responsibility for special pruning practices that vary greatly from these Standards. I. Pruning Techniques A. A thinning cut removes a branch at its point of attachment or shortens it to a lateral large enough to assume the terminal role. Thinning opens up a tree, reduces weight on heavy limbs, can reduce a tree's height, distributes ensuing invigoration throughout a tree and helps retain the tree's natural shape. Thinning cuts are therefore preferred in tree pruning. When shortening a branch or leader, the lateral to which it is cut should be at least one -half the diameter of the cut being made. Removal of a branch or leader back to a sufficiently large lateral is often called "drop crotching." B. A heading cut removes a branch to a stub, a bud or a lateral branch not large enough to assume the terminal role. Heading cuts should seldom be used because vigorous, weakly attached upright sprouts are forced just below such cuts, and the tree's natural form is altered. In some situations, branch stubs die or produce only weak sprouts. C. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. (Figure 1) If ro collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. (Figure 2) D. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact, and uninjured. (Figure 3) E. When reducing the length of a branch or the height of a leader, the final cut should be made just beyond (without violating) the branch bark ridge of the branch being cut to. The cut should approximately bisect the angle formed by the branch bark ridge and an imaginary line perpendicular to the trunk or branch cut. (Figure 4) F A goal of structural pruning is to maintain the size of lateral branches to less than three- fourths the diameter of the parent branch or trunk. If the branch is codominant or close to the size of the parent branch,thin the branch's foliage by 15% to 25 %, particularly near the terminal. Thin the parent branch less, ifat all. This will allow the parent branch to grow at a faster rate, will reduce the weight of the lateral branch, slow its total growth, and develop a stronger branch attachment. If this does not appear appropriate, the branch should be completely removed or shortened to a large lateral. (Figure 5) G. On large- growing trees, except whorl- branching conifers, branches that are more than one -third the diameter of the trunk should be spaced along the trunk at least 18 inches apart, on center. If this is not possible because of the present size of the tree, such branches should have their foliage thinned 15% to 25 %, particularly near their terminals. (Figure 6) H. Pruning cuts should be clean and smooth with the bark at the edge of the cut firmly attached to the wood. I. Large or heavy branches that cannot be thrown clear, should be lowered on ropes to prevent injury to the tree or other property. J. Wound dressings and tree paints have not been shown to be effective in preventing or reducing decay They are therefore not recommended for routine use when pruning. V branch bark ridge branch �) collar FIGURE 1. When removing a branch, the final cut should be just outside the branch bark ridge and collar FIGURE 2 In removing a limb without a branch collar, the angle of the final cut to the branch bark ridge should approximate the angle the branch bark ridge forms with the limb. Angle AB should equalAngle BC. J / FIGURE 3. When removing a dead branch, cut out- side the callus tissue that has begun to form around the branch. 3 R C B FIGURE 4. In removing the end of limb to a large lateral branch, the final cut is made along a line that bisects the angle between the branch bark ridge and a line perpendicular to the limb being removed. Angle AB is equal to Angle BC. FIGURE 5. A tree with limbs tending to be equal - sized, or codominont. Limbs marked B are greater than 3/. the size of the parent limb A. Thin the foliage of branch B more than branch A to slow its growth and develop a stronger branch attachment. WrM 4 r !% F /GORE 6. Major branches should well around spaced both along and around the stem. 1 4 II. Types of Pruning — Mature Trees A. CROWN CLEANING Crown cleaning or cleaning out is the removal of dead, dying, diseased, crowded, weakly attached, and low -vigor branches and watersprouts from a tree crown. B. CROWN THINNING Crown thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind -sail effect of the crown and the weightof heavy limbs. Thinningthe crown can emphasize the structural beauty oftrunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, seldom should more than one -third of the live foliage be removed. At least one-half of the foliage should be on branches that arise in the lower two - thirds of the trees. Likewise, when thinning laterals from a limb. an effort should be made to retain inner lateral branches and leave the same distribution of foliage along the branch. Trees and branches so pruned will have stress more evenly distributed throughout the tree or along a branch. An effect known as "lion's- tailing" results from pruning out the inside lateral branches. Lion's - tailing, by removing all the inner foliage, displaces the weight to the ends of the branches and may result in sunburned branches, water- sprouts, weakened branch structure and limb breakage. C. CROWN REDUCTION Crown reduction is used to reduce the height and/or spread of a tree. Thinning cuts are most effective in maintaining the structural integrity and natural form of a tree and in delaying the time wher it will need to be pruned again. The lateral to which a branch ortrunkis cut should be at least one - halfthe diameter of the cut being made. D. CROWN RESTORATION Crown restoration can improve the structure and appearance of trees that have been topped or severely pruned using heading cuts. One to three sprouts on main branch stubs should be selected to reform a more natural appearing crown. Selected vigorous sprouts may need to be thinned to a lateral, or even headed, to control length growth in order to ensure adequate attachment for the size of the sprout. Restoration may require several prunings over a number of years. II. Types of Pruning — Mature Trees (continued) E. CROWN RAISING Crown raising removes the lower branches of a tree in order to provide clearance for buildings, vehicles, pedestrians, and vistas. It is impoF tart that a tree have at least one -half of its foliage on branches that originate in the lower two - thirds of its trunk to ensure a well- formed, tapered structure and to uniformly distribute stress within a tree. When pruning for view, it is preferable to develop "windows" through the foliage of the tree, rather than to severely raise or reduce the crown. III. Size of Pruning Cuts Each of the Pruning Techniques (Section Ii and Types of Pruning (Section III can be done to different levels of detail or refinement. The removal of many small branches rather than a few large branches will require more time, but will produce a less- pruned appearance, will force fewer watersprouts and will help to maintain the vitality and structure of the tree. Designating the maximum size (base diameter) that any occasional undesirable branch may be left within the tree crown, such as 'h' 1" or 2' branch diameter, will establish the degree of pruning desired. IV. Climbing Techniques A. Climbing and pruning practices should not injure the tree except for the pruning cuts. B. Climbing spurs or gaffs should not be used when pruning a tree, unless the branches are more than throw -line distance apart. In such cases, the spurs should be removed once the climber is tied in. C. Spurs may be used to reach an injured climber and when removing a tree. D. Rope injury to thin barked trees from loading out heavy limbs should be avoided by installing a block in the tree to carry the load. This technique may also be used to reduce injury to a crotch from the climber's line.