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HomeMy WebLinkAboutAGMT - Brightview Tree Care Services Inc (Citywide Tree Maintenance & Extension 1 & 2)January 26, 2023 Bright View Tree Care Services, Inc. 1960 S. Yale St. Santa Ana, CA 92704 Attn: Shannon Speratos SUBJECT: CITY OF SEAL BEACH — BRIGHT VIEW TREE CARE SERVICES, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.2 Citywide Tree Maintenance Dear Shannon: Pursuant to the Professional Maintenance Services Agreement for Citywide Tree Maintenance, dated January 28, 2019, by and between the City of Seal Beach (City) and Bright View Tree Care Services, Inc., the City is hereby notifying Bright View Tree Care Services, Inc. of its desire to exercise the second of two additional one (1) year term extension per Section 2.2 Term and Section 3.2 Consultant's Compensation. The Agreement termination date is now revised to midnight of January 28, 2024. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee at (562) 431-2527 x1322 or ileeC-sealbeachca.eov Sincerely, LbiU11R. Ingram -&Ylarn City Manager Cc: Iris Lee, Director of Public Works Gloria D. Harper, City Clerk August 1, 2022 Bright View Tree Care Services, Inc. 21181h Street Seal Beach, CA 90740 Attn: Shannon Speratos SUBJECT: CITY OF SEAL BEACH — BRIGHT VIEW TREE CARE SERVICES, INC. PROFESSIONAL SERVICES AGREEMENT EXTENSION NO.1 Citywide Tree Maintenance Dear Shannon: Pursuant to the Professional Maintenance Services Agreement for Citywide Tree Maintenance, dated January 28, 2019, by and between the City of Seal Beach (City) and Bright View Tree Care Services, Inc., the City of Seal Beach is hereby notifying Bright View Tree Care Services, Inc. of its desire to exercise the first of two additional one (1) year term extension per Section 2.2 Term for a total not -to -exceed amount of one hundred thirty-one thousand nine hundred fifty dollars and 00/100 ($131,950.00). The Agreement termination date is now revised to midnight of January 28, 2023. All other terms and provisions of the Agreement shall remain unaltered and in full force and effect. Should you have any questions, please do not hesitate to contact Iris Lee, Acting Public Works Director at (562) 431-2527 x1322 or ilee@sealbeachca.sov Sincerely, !ill R. Ingram City Manager CC: Iris Lee, Acting Public Works Director Gloria D. Harper, City Clerk MAINTENANCE SERVICES AGREEMENT Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Bright View Tree Care Services 1960 S. Yale St., Santa Ana, CA 92704 (714) 546 -7843 This Maintenance Service Agreement ( "the Agreement') is made as of January 28, 2019 (the "Effective Date "), by and between Bright View Tree Care Services, a California corporation, ( "contractor "), and the City of Seal Beach ( "City'), a California Charter city, (collectively, "the Parties "). RECITALS A. City desires certain tree - related maintenance services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ( "Services ") set forth in the attached Exhibit A (Proposal), which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5 Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $30,000. Payment for additional work in excess of $30,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of three (3) years unless previously terminated as provided by this Agreement. Two (2) additional one -year contract extensions are available based upon the Contractor's performance and at the discretion of the City. 3.0 Contractor's Compensation City will pay Contractor in accordance with the bid schedule set forth in Exhibit B for Services for a total contract not to exceed the amount of $294,550 for the three -year contract term, as follows: 3.1. For Fiscal Year 2018 -2019, not to exceed the amount of $30,000. 3.2. For Fiscal Year 2019 -2020, not to exceed the amount of $131,950. 3.3. For Fiscal Year 2020 -2021, not to exceed the amount of $131,950. 3.4. If the City elects either of both optional one -year extensions, not to exceed amount of $131,950 for each one -year extension. 3.5. Any additional work authorized by the City pursuant to Section 1.5 will be compensated in accordance with the bid schedule set forth in Exhibit B. 4.0 Method of Payment 41. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within fifteen (15) days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the unit bid prices charged, and the services performed for each day in the period. City will pay Contractor within thirty (30) days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by either party, without cause, upon giving the other party written notice thereof not less than thirty (30) days prior to the date of termination. 5.2. This Agreement may be terminated by City upon ten (10) days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least twenty (20) days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Shannon Spertos is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, CA 90740 Attn: City Manager To Contractor: Bright View Tree Care Services 1960 S. Yale St, Santa Ana, CA 92704 Attn: Shannon Speratos 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details of performing the services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards 8.2. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. Consultant shall promptly reimburse City for any amount due to City from Consultant as a result of enforcing City's indemnification obligations arising under this Section. 9.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 11.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 12.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all services and other matters covered under this Agreement, including but expressly not limited to, all services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the services provided in sufficient detail to permit an evaluation of all services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 12.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 13.0 Insurance 13.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement as well as a labor and materials bond as noted in Exhibit C. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 13.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 13.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 13.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 14.0 Indemnification, Hold Harmless, and Duty to Defend 141. Indemnity for Professional Services. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 14.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses resulting from third -party claims, for which Indemnitees may be held liable, including fees of accountants, attorneys and other professionals, and all costs associated therewith (collectively "Claims "), whether actual, alleged or threatened, which arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Contractor, or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. At that time, the Indemnitees shall reimburse Contractor, based upon their own respective portion of the comparative negligence of all damages, losses, expenses and defense costs. 14.2. Other Indemnities. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, to protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages "), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 14.3. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 14.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 14.4. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 14.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims and /or Damages, in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 14.5. Contractor's duties and covenants under this Section 14.0 shall survive termination of this Agreement. 15.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 17.0 Prevailing Wage and Payroll Records This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated by reference herein. 18.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 19.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 20.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 21.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 22.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 23.0 Prohibited Interests; Conflict of Interest 23.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 23.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 23.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 24.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 25.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 26.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH VIEW A �_ �L��.. ' v - Attest: CONSULTANT: BRIGHT VIEW TREE CARE, INC., A California corporation By: Name: sS ro4ori SpekAi05 Its: vice PRESiwr k Gcmtwv Mnmc yZ By: Dan Angst y: i Deputy City am rrJr> Approved as to For : By: Craig A. Steele, City Attorney Its: kSt 4k?102 (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313. Exhibit A SCOPE OF WORK Contract Scope of Work The work shall include furnishing all labor and equipment necessary to fully comply with the scope of work contained herein. Payment for tree services will be controlled by the unit bid prices provided. No additional compensation will be provided. EQUIPMENT AND PERSONNEL The contractor's crew foreman and supervisor shall be Certified Arborists in good standing with the International Society of Arboriculture. Tree trimmers shall also be Certified Tree Workers One certified arborist per crew and all trimmers must be certified tree workers. Contract personnel shall wear uniform shirts with the company name or logo printed on them, and they shall wear reflective safety vests while working within the roadway right -of -way. All aerial trucks shall be equipped with but not limited to the following; appropriate chain saws, loppers, pole pruners, hand pruners, blowers and plywood to complete all necessary work. No Contractor personnel shall be employed on any work site under these specifications that are found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the City Representative, shall be discharged or removed from working on City jobs immediately. Contractor trucks and other vehicles shall be of one color with the Contractor's name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City of Seal Beach. The City's Representative must approve the design of the signs the Contractor will provide. Contractor is prohibited from parking his equipment overnight on City streets. Contractor shall provide their foremen with a laptop or other computerized device for the purpose of having the ability to view the City's tree database and to collect the City's tree asset numbers during pruning and any other tree related operation. Contractor shall have the capability to provide completed work orders and pertinent information in an Excel spreadsheet format to be imported into the City's work order system. Contractor shall submit the completed form electronically. The City shall provide the Excel spreadsheet form. PERFORMANCE REQUIREMENTS PRUNING SPECIFICATIONS Pruning shall conform to American National Standard, ANSI A300, and Tree Care Operations for Tree, Shrub and Other Woody Plant Maintenance — Standard Practices. Pruning will generally be Maintenance Pruning as described in ANSI A300, Section 5.3.2. Palm Requirement: During the removal of fronds, seeds /pods the contractor shall check and remove any loose petioles from all palm species. This practice is not only limited to the base of the palm frond growth. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Director of Public Works or Designee, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Director of Public Works or Designee before work begins. Topping, tip pruning, or pollarding trees will not be allowed. Pruning shall be done by those experienced and skilled in pruning techniques (i.e., under the continual supervision of a certified arborist). All cuts shall be done using proper arboricultural and horticultural practices. Dressing wounds will not be allowed. All trimmings and debris shall be cleaned up, removed, and disposed of off -site at the end of each day's work. Contractor shall clean all lire marks from hardscape, i.e., sidewalks, parking lots, curbs, gutters, etc., BEFORE final payment is received. Clean -up work shall consist of restoring site to original condition after work has been performed. Existing tree stakes, ties, and guys shall be checked and corrected as needed by the tree maintenance contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Maintenance Supervisor. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Tree suckers shall be removed as needed. Lower branches can be removed only after tree is able to stand erect without staking or other support. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the tree maintenance contractor. The Contractor will replace and be held liable for any damages done to trees or landscaping due to poor management procedures of services rendered(i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.). If, in the opinion of the City, a newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species and acceptable. Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require fill and complete repair of the damaged areas and plants. SAFETY REQUIREMENTS Tree Maintenance operations shall conform to American National Standard, ANSI Z133.1, Pruning, Trimming, Repairing, Maintaining, and Removing Trees and Cutting Brush — Safety Requirements. It shall be the Contractor's responsibility to obtain the most current ANSI Z133.1 specifications. TREE REMOVALS In addition to the ANSI A300 and 2133.1 standards, the following tree removal specifications shall apply: Each tree to be removed will be painted with a white spot at the base of the tree trunk. All tree stumps are to be ground within five (5) work days. Stump grinding is to be a minimum of twelve inches (12 ") below grade or until tree roots are no longer present. Alt stump chips are to be removed and the void backfilled with native soil or clean fill dirt, which is to be compacted and leveled to grade suitable for seeding or planting. All costs associated with stump grinding shall be included as part of the unit cost for tree removals. It shall be the responsibility of the Contractor to call in the tree stump location to Underground Service Alert (USA) prior to grinding the tree stump. In cases where it is determined that the trees scheduled for removal have died due to the Eucalyptus Longhorn Borer or any other Borer, the wood shall be disposed of by hauling to an authorized disposal station. At no time shall any wood from trees having died from the Eucalyptus Longhorn Borer or any other Borer be hauled anywhere other than the authorized disposal station. The City Representative must approve the disposal station prior to any disposal taking place. Payment for complete stump removal shall be included in the tree removal operation UNIT PRICE and no additional compensation will be allowed for crew rental rates, etc. Payment for tree removals will not occur until all related stumps have been removed. It shall be the judgment of the City's Representative to determine if a tree has died from Eucalyptus Longhorn Borer activity. The City may require the Contractor to show receipts of any or all disposed wood prior to payment for tree removals being made. Contractor shall notify the City immediately if any damage to City properly occurs. Examples: broken irrigation heads, valves or piping, damaged drinking fountains, play equipment, non- target trees, turf and shrubbery, and any and all other city property damaged during the course of performing work for the City. All repairs must be completed within 5 days of the occurrence. Replacement of damaged landscaping or property will be replaced in -kind and the site restored to its original condition. TRAFFIC SAFETY Contractor shall conform to all City of Seal Beach traffic safety requirements and operating rules at all times which this contract is in effect. The City will provide the Contractor with a Manual on Uniform Traffic Control Devices (MUTCD), which will be used as a reference. Vehicular traffic lane and bike lane closures on arterial streets shall be between the hours of 9:00 a.m. and 3:00 p.m. only, no exceptions. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through vehicle or pedestrian traffic. This is to include a high- visibility arrow board or arrow boards. The City must approve all traffic safety equipment prior to use. A traffic control plan for all arterial streets listed will be submitted to Public Works staff within five (5) days prior to work on any arterial street. High visibility arrow boards shall be used while working on all arterial streets. Failure on the part of the contractor to safely close traffic, bicycle areas, and pedestrian ways and to adhere to all other guidelines associated with maintenance operations adjacent to vehicle, bicycle areas, and foot traffic areas shall incur a $400.00 performance deficiency deduction per infraction. TREE INVENTORY SERVICE, Contractor shall have the capability to inspect and to inventory City trees by utilizing a GPS (global positioning system) device compatible with the City's mobile device application. The inspection and inventory collection shall be perfornmed by an ISA certified arborist. The information collected shall include the confirmation of the tree asset number, trunk diameter, height and canopy spread, maintenance needs and the general condition of the tree. Any obvious defects shall be noted and brought to the attention of the City's representative. Contractor shall inventory all of the City's trees once during the term of this contractor, to be completed within the first year of the contract ternm. Contractor will also update the inventory by including maintenance work, new plantings and removal history on a quarterly basis. Contractor shall provide the City with a copy of the master tree inventory as well as updated quarterly inventory updates. The cost for tree inventory management work shall be included in the unit bid pricing provided for tree services and no additional compensation will be allowed. INSPECTION The Contractor's Representative shall meet with the City's Representative prior to beginning work in each of the specified locations to inspect and determine the pruning objectives of the location. Once work begins, it shall be the responsibility of the Contractor's Representative to visually inspect each tree prior to pruning. If a condition is observed that requires additional attention, this condition will be reported immediately to the City's Representative. The Contractor's Representative shall be responsible to verify that all work in progress is in accordance with ANSI Z133.1 Safety Requirements. The Contractor's Representative shall be responsible to verify that all work in progress is in accordance with ANSI A300 Standard Practices, and City of Seal Beach pruning objectives. The City's Representative shall have the option to withhold payment for completed work not complying with ANSI trim standards and City of Seal Beach pruning objectives. COMMUNICATION The Contractor shall have the ability to contact its field crews within thirty (30) minutes of notification by the City during normal working hours. The Contractor's Representative and each crew foreman shall have a portable cellular telephone. The phone numbers shall be given to the City's Representative. The Contractor's Representative and each crew foreman shall be accessible for communication during normal work hours. Each crew foreman shall call the City's Representative daily prior to 7:00 a.m. to discuss crew locations and work schedules. The Contractor's Representative and each crew foreman shall meet with the City's Representative once per week at the Operations Support Facility to discuss all contract activities. The Contractor shall notify in writing, by use of a City - approved flyer, residents of property adjoining the location of the work at least seven (7) days before the start of work in that area or on the adjacent street. The Contractor is responsible for posting "temporary no- parking" signs at least forty -eight (48) hours before using the parking lane for tree trimming purposes. In the case of work requiring mass removal of green waste, which may interfere with the use by residents or businesses of their driveways, suitable provisions shall be made by the Contractor at such time to provide access to said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance. Further, the Contractor shall provide access to each residential or commercial establishment each evening. The Contractor shall provide a Contractor Representative (Supervisor) who is a Certified Arborist, certified by the International Society of Arboriculture. It is expected that this person will be able to communicate effectively in both written and oral English. Any order or communication given to the Contractor's Representative shall be deemed as delivered to the Contractor. WORKING HOURS Workdays are Monday through Friday. On occasion, the Contactor shall provide work crews to perform routine maintenance activities on Saturdays. Work completed under this arrangement shall be paid at the unit price of such work. Working hours shall be no earlier than 7:00 a.m. and no later than 4:00 p.m. Arterial street working hours shall be 7:30 a.m. to 4:30 p.m. The Contractor will have staff available for phone contact (not an answering service), Monday through Friday, between 6:00 a.m. and 5:00 p.m. to respond to call -outs, questions and verification of schedules. PERFORMANCE DURING INCLEMENT WEATHER The Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather during periods when inclement weather hinders normal operations. The Contractor shall not remove his work force form the job site unless he has previously notified the City's Representative. The Contractor may be required during inclement weather to perform clean -up tasks as requested by the City's Representative. CALIFORNIA DEPARTMENT OF FISH AND GAME CODE SECTION 3503 California Department of Fish and Game Code Section 3503 states, "It is unlawful to take, possess or needlessly destroy the nest or eggs of any bird," and therefore, it shall be the Contractor's responsibility to bypass and leave undisturbed any or all trees scheduled for pruning or removal if active nesting birds or eggs are found to occupy the tree(s) all in accordance within the Migratory Bird Treaty Act (MBTA). EXHIBIT B BID SCHEDULE City of Seal Beach California PROPOSAL FOR TREE MAINTENANCE SERVICES BID SHEET Year 1 of the Al;recntent- No. ITEM DESCRIPTION UNIT OF EST. UNIT MEASURE I QTY. PRICE Trimming of Mexican Fan Palms 1. I" to 6" D13I -1 7" to 12" D131 1 -- L ;. ` 13" to —18' DBH '4 — 19" to 24" DDH Date Palms rrEM COST -- — —fiA 10 $ g5 $ 350 - - - -� - - -- - EA -� - -� 120 I $ 35 - $ - - -I 4,200 16,000 - EA 400 _ $ 3 5S $ 65 14,000 LA 200 $ 35 $ 7,000 1 fig, 1. I l9" to 24" DBH EA -- 10 $ 60 $ 600 6 —I —.— 25' to 30" DBHJ I EA 60 I $ 60 I $ 3,600 _ I 7. 31 to 36" DB EA I S —1_ $ 60 $ 900 Grand Total Bid Amount Year 1 $ 30,650 Year 2 and 3 + Extension Years if Awarded NO. UNIT OF EST. UNIT ITEM L ITEM DESCRIPTION MEASURE QTY, PRICE COST Trimming of Various Species of Trees tt_ Tree trim DBH I" to 6" ( EA I 100 $ 25 $ 2,500 f 2, I Tree trim DBH 7" to 12" EA 400 $ 40 _ 16,000 - —(_ Tree trim DBH 13" to 18" JI ! I2A 550 $ 65 �$ $ 35,750 14. Tree trim DBH 19" to 24" FA 200 I $ 100 $ 20,000 fig, Trec trim DBH 25" to 30" EA 20 $ 175 $ 3,500 tt. Tree trim DBH 31" to 36" EA l 20 $ 25= $ 5,000 Trimming of Queen Palms i ,7. I I "to 6 "DBH EA IOY $ 35 $ 350 i3. 7" to 12" DEN I I EA 140 $ 35 S 4,900 13" to 18" DBH EA 400 $ 35_ - - -4 14,000 Trimming of Date Palms - tl. � ] 9" to 24" DBII HA -L- 10 $ 60 $ I 600 I-- - I t. I 25" to 30" DBI I EA 60 I $ 60 $ 3.600 112. , 31" to 3G'_DRH _ JI -- EA 15 _I- $ 60 $ 900 Trimming of Mexican Fan Palms f 113. I "to6 "DBH � EA 1 D $ 35 $ 350 114, 7" to 12" OBH EA 100 $ 35 $ 3,500 15. 13" to 18" DBH _ -� EA !!!) 400 $ 35 $ 14,000 _ - 16. -„ 19" to 24" DBII EA 200 $ $ 35 $ �— $ 7,000 128,450 Grand Total Bid Amount $ TOTAL BID PRICE. (BASED ON HID SCHEDULE TOTAL OF UNIT PRICES YEAR I OF AGREEMENT): NOT INCLUDING COST OF'IRE'E REMOVAL S 30.650_ - Total Bid Price in Numbers ThirtyLimusa��ltd ,.cixhundred.fifly- dollars_ -.— Total Bid Price in Writlen Form TOTAL HID PRICE (BASED ON BID SCHEDULE TOTAL Of UNIT PRICES YEAR 2, 3 AND BEYOND): NOT INCLUDING COST OF TREE REMOVAL 3 128,450._ Total Did Price in Numbers One hundred twenty -eight thousand fourhundred fifty dollars 16 ral Hid'ITnce'm W FIE6 f oran TOTAL BID PRICE INCLUDING YEAR I, 2 AND 3. NOT INCLUDING COST OF TREE REMOVAL $- 159,100- -- - - -- - - - -- -- $ One hundred fifty -nine thousand, one hundred dollars IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Enivraenev Work Iluurly Rates Rates Per Man 24 -hour emergency call -out response, two (2) hour minimum, 30- minute response — complete with all necessary equipment and Standard Crew Rental $150 /man hour 3 man crew $450 /crew hour. i Tree and Stump Removals l . Tree and Stump Removal DBH EA 1 $ $ 250 I" to 6" Tree and Stump Removal DBH EA 1 $ $ 500 L' 7" to 12" I Tree and Stump Removal DBH EA 1 $ $ 750 3' 13" to IS" Tree and Stump Removal DBH EA 1 $ $ 1,200 4' 19 to 24 " " _ Tree and Stump Removal DBH EA I $ $ 2 000 5' 25" to 30" NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re- advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and /or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. The undersigned bidder is licensed in accordance with the requirements of the Business and Professions Code, California Contractor's License No.- 863659C —27 and/or C-61/D-49 86365 Class (REQUIRED AT TIME OF AWARD). EXHIBIT C Terms for Compliance with Labor Law Requirements 1. This Agreement calls for services that, in whole or in part, constitute "public works' as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ( "Chapter 1 "). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ( "DIR ") implementing such statutes. Therefore, as to those Services that are "public works ", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 1 Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776, and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one - half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1851, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. EXHIBIT D MATERIALS AND LABOR BOND Exhibit D, Page I EXHIBIT E -1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIA8ILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] Exhibit E -1, Page 1 EXHIBIT E -2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY (INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY) Exhibit E -2, Page 1 EXHIBIT E -3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED] � N ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDLYI ") D 052019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME: PHONE INC, No Est): (866) 283 -]122 INCt No.): (800) 363 -0105 E4AI_ ADDRESS: One Liberty Plaza 165 Broadway, Suite 3201 COMMERCIALGENERALLIABILITY Seal New York NY 10006 USA XELG INSURERS) AFFORDING COVERAGE NAIL# INSURED INSURER A, Illinois Union Insurance Company 27960 BrightView Tree Care Services, Inc. INSURER B: American Guarantee & Liability Ins CO 26247 Location #49170 1960 South Yale Street INSURER C: ACE American Insurance Company 22667 INSURER P PREMISES Ea ocalrence Santa Ana CA 92704 USA INSURER E: MED CAP (Any one person) $10,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 570075009128 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER MM /0 MMID LIMITS 211 - % COMMERCIALGENERALLIABILITY Seal Beach CA 90740 USA XELG EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR SIR applies per policy terns & condi ions' PREMISES Ea ocalrence $1,000,000 MED CAP (Any one person) $10,000 PERSONALS ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE $4,000,000 POLICY ❑X JEH FX CDC PRODUCTS - COMPA)PAGG $4,000,000 OTHER. C AUTOMOBI LE LIABILITY Y SCA H09090538 10/01/ 201810 /01/2019 COMBINED SINGLE LIMIT a acadenl $3,000,000 BODILY urJURY I Per pawn) % ANY AUTO BODILY INJURY(Peracalent) OWNED SCHEDULED AUTOSONLV AUTOS HIREDAUTOS NON-OWNED ONLY AUTOS ONLY PROPERTY DAMAGE (Per acciden) B X UMBRELLALIAB OCCUR AucS08596814 10/01/2018 1010112019 EACH OCCURRENCE $3,000,000 EXCESS LIAB H CLAIMS -MADE AGGREGATE $3,000,000 DED1 RETENTION C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/ MRTNER /EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandamn in NH) NIA WLRC48583404 WC - ADS SCFC48583428 wC - w4 10/01/2018 10/01/2018 10/01/2019 10 /Ol /2019 X I PER STATUTE oTH- ER E. L EACH ACCIDENT $2,000,000 E. L. DISEASE-EA EMPLOYEE $2,000,000 If es desonbe under DESCRIPTION OF OPERATIONS below EL .DISEASE - POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be adached d more space is required) City of Seal Beach, its directors, officials, officers, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. Should General Liability, Automobile Liability and workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to Certificate Holders in accordance with the policy provisions of each policy. CERTIFICATE HOLDER CANCELLATION ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD O Z 0 U m w O d V O S N m 0 N O 0 do O 2 m W m U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach AUTHORIZED REPRESENTATIVE 211 - 8th street Seal Beach CA 90740 USA (�% Woss ✓L e/sGfaxrOc/Y �/' Jet ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD O Z 0 U m w O d V O S N m 0 N O 0 do O 2 m W m U ` AGENCY CUSTOMER ID: 570000061998 LOC #: ® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMED INS US ED Brightview Tree care services, Inc. POLICY NUMBER see Certificate Number: 570075009128 CARRIER see certificate Number: 570075009128 NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # NSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policv below does not include linut utfornIntion, relcr to the corresponding policy on the ACORD certificate form for polio' limits. LNSR UT TYPEOFL SURA. \CE ADDL LNSD SURR 1YYD POLICY NUMBER POLICY F.FFECTIAE DAI NI POLICY ESPIILAO09 DAZE LINIIIS OTHER C Archit &Eng Prof EONG23631817013 Prof Liab claims Made SIR applies per policy to 1010112018 ms & conditions 10/01/2019 Each claim $1,000,000 Aggregate $1,000,000 ACORD 101 (20011101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD nanne and logo are registered marks of ACORD ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS Named Insured Endorsement Number BrightView Landscapes, LLC All locations where you perform work for such Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G71075771 001 10101/18to 10101/19 10/0112018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera - tions Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract. contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by 'your work" at the location designated and described in the Schedule of this endorse- ment performed for that additional insured and included in the "products- completed operations hazard ". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afford- ed to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS- 21164a (04113) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Named Insured Endorsement Number BrightView Landscapes, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G71075771 001 10/1/18 to 10/1/19 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations, or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS -6W25b (04/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured Endorsement Number BrightView Landscapes, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement SCA HO9090538 10/1/18 to 1011/19 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. Authorized Representative DA -91J74c (03/16) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT - SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Endorsement Number Brightview Landscapes, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement SCA H09090538 10/1/18to 10/1/19 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule ") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL -32666 (01111) Page 1 of 1 NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE Named Insured Endorsement Number Brightview Landscapes, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement XS! G71075771 001 0/1/18 to 10/1/19 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. If we cancel the Policy prior to its expiration date by notice to you or the first Named Insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule ") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy All other terms and conditions of the Policy remain unchanged. Authorized Representative ALL -32686 (01111) Page 1 of 1 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number BrightVlew Landscapes, LLC Policy Number Symbol: WLR Number: C48583404 Policy Period 10/01/2018 TO 10/01/2019 Effective Date of Endorsement 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy_ NOTICE TO OTHERS ENDORSEMENT — SCHEDULE NOTICE BY INSURED'S REPRESENTATIVE A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out in this endorsement, to send written notice of cancellation, to the persons or organizations listed in the schedule that you or your representative create or maintain (the "Schedule ") by allowing your representative to send such notice to such persons or organizations. This notice will be in addition to our notice to you or the first Named Insured, and any other party whom we are required to notify by statute and in accordance with the cancellation provisions of the Policy. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). The failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. C. We are not responsible for verifying any information in any Schedule, nor are we responsible for any incorrect information that you or your representative may use. D. We will only be responsible for sending such notice to your representative, and your representative will in turn send the notice to the persons or organizations listed in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. You will cooperate with us in providing the Schedule, or in causing your representative to provide the Schedule. E. This endorsement does not apply in the event that you cancel the Policy. All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI. Authorized Representative WC 99 03 69 (01/11) Page 1 NAMED INSURED ENDORSEMENT Named Insured Endorsement Number BrightView Landscapes, LLC Policy Symbol Policy Number Policy Penod Effective Date of Endorsement XSL G71075771 001 10/1/18 to 10/1/19 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY POLICY It is agreed that the Named Insured is amended to read as follows: BrightView Landscapes, LLC BrightView Landscapes Services, Inc. BrightView Tree Care Services, Inc. BrightView Golf Course Maintenance, Inc. BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. BrightView Landscape Services, Inc. dba Marina Landscape Maintenance BrightView Tree Care Services, Inc dba Urban Tree Care (formerly known as Urban Tree Care) BrightView Landscape Services, Inc. dba Girard Environmental Services (formerly known as - Girard Environmental Services J &S Lawnman, Inc. BrightView Acquisitions Holdings, Inc. Authorized Agent LD -20286 (06/06) Page 1 of 1 SCHEDULE OF NAMED INSUREDS Named Insured Endorsement Number BrightView Landscapes, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement SCA H09090538 10/01/2018 to 10/01/2019 10/01/2018 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM The Named Insured shown in the Declarations is amended to read as follows: BrightView Landscapes, LLC BrightView Landscape Services, Inc. BrightView Landscape Development, Inc. BrightView Tree Care Services, Inc. BrightView Golf Maintenance, Inc. BrightView Design Group BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. Western Landscape Construction William A. Guthridge and Son, Inc; BrightView Tree Care Services, Inc dba Urban Tree Care (formerly known as Urban Tree Care) BrightView Landscape Services, Inc dba Girard Environmental Services (formerly known as Girard Environmental Services) J &S Lawnman, Inc.; BrightView Acquisition Holding, Inc. Named Insured includes First Named Insured; other entities to be covered as of inception and any organization other than a partnership or joint venture, and over which you currently maintain ownership or majority interest, provided there is no other similar insurance available to that organization, and any other organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, provided: a) There is no other similar insurance available to that organization; and b) you notify us of such acquisition not later than 60 days after the end of the policy period. As respects newly acquired or formed organizations, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past joint venture that is not shown as a Named Insured on this schedule. Authorized Representative DA- 13118a (66114) Page 1 of 1