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HomeMy WebLinkAboutAGMT - United Pacific Services (Street Tree Maint FY01-02) CITY OF SEAL BEACH CONTRACT AGREEMENT FOR FY2001 -2002 STREET TREE MAINTENANCE This Contract Agreement is a nd entered into for the above - stated project this j�ieC day of � � V' , 2001, BY AND BETWEEN the City Seal ch, as ENCY, and _ G 1.A /2 Rt /Fic � Ct J , 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 unit prices set forth in the Bid Schedule attached hereto as Exhibit as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Except as provided hereinafter in Section 3 of the Special Provisions, in no event shall the City pay Contractor more than $40,425 for such services. 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. 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 1 990 (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 par 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 �r) , 2001. CONTRACTOR: ��A; sGyti (Title) Contractor's License No. � Class ; •‘,/hii� si i-c Federal Tax Identification No. 33 --" 2 t-j- j qQ Subscribed and sworn to this day of , 2001 NOTARY PUBLIC AGENCY: _ ity Manager Attested 4 .4 7 1 1 , City lerk Date / / -S -d/ Approved as to form (9-9 City Attorney Date / / -i O/ 0 1 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 48 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: CONTRACT TERMS Subject to the termination provisions set forth hereinbelow, the term of this Agreement shall be one (1) year from the date of execution. The parties may extend the term by written mutual agreement on a year -to -year basis not to exceed an additional five (5) years. • S • 0 CITY OF SEAL BEACH Attention: Director of Parks, Recreation, and Community Services City Engineer of the City of Seal Beach 211 8th 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 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: Special Provisions - 1 . i • • 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 -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. Special Provisions - 2 • • 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 Is amended by adding the following language: On November 27, 2001, property owners within the City will be voting on a measure to increase the fees the City imposes for tree trimming services. In the event the measure fails, the work to be performed under this contract is as follows, as set forth in the Bid Schedule dated 9/12/01: 1,110 trees at $36.75 each not to exceed the total price of $40,425. Such bid schedule is attached hereto as Exhibit and incorporated by this reference. In the event the property owners approve the fee increase, the City reserves the right to increase the scope of services to include any or all of the items listed under "Extra Work" on Exhibit _ , at the Unit Prices indicated thereon. Special Provisions - 3 • 0 • 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 Prior to issuing the Notice to Proceed With the Work, the Engineer will schedule a pre- construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss service methods, and clarify inspection procedures. 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 Special Provisions - 4 • 0 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 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. Special Provisions - 5 • • 7 -3 LIABILITY INSURANCE The liability insurance coverage values are hereby amended to be: Insurance Coverage Requirements Limit Requirements 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 -S 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. Special Provisions - 6 _ • 0 • • 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. Special Provisions - 7 • • • 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. Special Provisions - 8 . • • 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 Special Provisions - 9 . • 0 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 Special Provisions - 10 . • • 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. 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: 1. 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 II, 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. Special Provisions - 11 • • • 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 - 12 . • • SPECIAL PROVISIONS PART 2 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: Equipment 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. Special Provisions - 13 • - • • 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 Spurs Climbing spurs shall not be used. Equipment Identification All major equipment shall have the Contractor's name and telephone number prominently displayed. Special Provisions - 14 • • 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. Special Provisions - 15 • • Disposal of Debris - 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. Special Provisions - 16 0 • 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, o r 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. Special Provisions - 17 • • 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. Po!larding - 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. Special Provisions - 18 . . • • 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 Special Provisions - 19 • • 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 _ 1. 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 Thinning and Drop Crotchinq) 1. 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." Special Provisions - 20 . • • 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 Special Provisions - 21 . . • • 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. Special Provisions - 22 . . • • 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. Special Provisions - 23 • • • 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. 2 -3.6 Clarification of Specifications If any bidder, prior to submitting their bid should find any discrepancies and /or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall at once make a written request to the City of Seal Beach for corrections, clarification, or interpretation of the points in question. The person submitting such request shall be responsible for its prompt delivery. In the event that the City of Seal Beach receives a request and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these documents, a written addendum will be mailed to each person to whom a set of bid documents has been delivered. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum. Special Provisions - 24 • a . • • • 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 top 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. Special Provisions - 25 • . • • 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. • Special Provisions - 26 . • • • APPENDIX B Street Tree Pruning List (available at the Parks, Recreation, and Community Services Department of the City of Seal Beach) Special Provisions - 27 r • • 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. Special Provisions - 28 ` • • 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. Special Provisions - 29 • • 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. Special Provisions - 30 ' , • 6. Rejected Topsoil: Immediately remove rejected topsoil off the site at Contractor's 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. 3.03 PAVING AND WALLS 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. Special Provisions - 31 1 • 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 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 apron prior to transport to the next location. 2. Chipping of pain fronds shall not be permitted within the City limits of Seal Beach. All fronds shall be disposed of properly off site. B. Palm Removal: 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 (5') 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. Special Provisions - 32 7 `• " • • 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. Special Provisions - 33