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Item 4 - Award of Agmt with West Coast Arborists, Inc. for Urban Forestry Maint ServicesJune 15, 2021, Item #4I ) DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway June 15, 2021 Honorable Mayor and Members of the City Co_~ncil Eric Heidemann, Director of Public Works 1 ~ CITY COUNCIL Will Wiley, Assistant Director of Public Works for Maintenance Operation (858) 668-4705 or wwiley@poway.org Award of Agreement with West Coast Arborists, Inc. for Urban Forestry Maintenance Services The City of Poway ("City'') contracts for tree trimming and maintenance services (urban forestry maintenance) for its approximately 15,000 trees. The City's current agreement with West Coast Arborists, Inc. (WCA), expires on June 30, 2021. Staff recommends the City enter into an agreement with WCA through a cooperative purchasing process through an existing agreement that was competitively bid by the City of West Covina, CA. for urban forestry maintenance. The Poway Municipal Code Section 3.28.110 authorizes the City to participate in cooperative purchasing with other government agencies as an alternative to the bidding process for services. The term of the agreement is two (2) years, beginning July 1, 2021, through June 30, 2023, with an option to extend the agreement for two (2) separate one-year terms. Recommended Action: It is recommended that the City Council award the agreement for urban forestry maintenance services to West Coast Arborists, Inc., and authorize the City Manager to execute the necessary documents. Discussion: The City's urban forestry maintenance agreement provides professional tree trimming and maintenance services for approximately 15,000 City trees. Work under the urban forestry maintenance agreement primarily involves trimming trees and properly recycling and/or disposing of trimmings. Work also includes as-needed tree removal/planting, stump grinding services, as-needed Certified Arborist services, and support to address storm damage and other emergencies. The City trims approximately 3,000 trees annually, which results in an average five-year tree trimming cycle, which is a best management practice recommended by the California Joint Powers Insurance Authority UPIA). The City's current agreement for urban forestry maintenance expires June 30, 2021. Staff 1 of 63 June 15, 2021, Item #4recommends that the City enter into an agreement with WCA under a cooperative purchasing agreement through the City of West Covina, CA for the provision of urban forestry maintenance services. WCA has proven to meet the City's requirements for maintenance standards, as well as providing unlimited use and software support for the ArborAccess tree inventory software, which is an invaluable resource to the City for projects ranging from within and outside the agreement's scope. The City of West Covina agreement extends its terms and conditions to any government agency with WCA's consent. The City's Municipal Code Section 3.28.110 allows for the procurement of goods and services through cooperative purchasing on a competitive bid procedure that has been conducted by another public agency. The City of West Covina completed a competitive procurement in 2020, and their City Council awarded a three-year agreement to WCA on July 1, 2020, with the option to extend the agreement for two (2) separate one-year extensions. The agreement includes pruning, removals, stump grinding, planting, emergency response, arborist services and inventorying. Additionally, WCA will continue to provide unlimited use and software support for the ArborAccess tree inventory software. The Arbor Access software and support is provided at no cost to the City under the terms of this agreement for an unlimited number of users for the length of the agreement. Staff recommends the utilization of the City of West Covina's agreement beginning July 1, 2021, through June 30, 2023, with an option to extend the agreement for two (2) separate one-year terms. Extensions are subject to City Council appropriation of funds and mutual agreement by both parties. If exercised, subsequent renewal terms will be subject to an All Urban Consumer Price Index (CPI-U) adjustment. Environmental Review: This action is not subject to California Environmental Quality Act review. Fiscal Impact: Funds are available in the: Water Supply, Treatment and Storage Divisions (402060-41200); Street Maintenance (411040-41200); Parks, Trails and Landscape (414040-41200); Facilities (415010-41200); LMD 19-1 (420140-41200); LMD 83-1A (421040-41200); LMD 83-18 (421140-41200); LMD 83-1C (421240-41200); LMD 86-1 A (423040-41200); LMD 86-2A (424040-41200); LMD 86-28 (424140-41200); LMD 86-3A (425040-41200); LMD 86-38 (425140-41200); and LMD 87-1 (426040-41200) Fiscal Year 2021-22 budget for urban forestry maintenance services that will be considered by the City Council on June 15, 2021. The agreement will be awarded upon adoption of the proposed budget. Public Notification: None. Attachments: A. Agreement with West Coast Arborists, Inc. 2 of63 June 15, 2021, Item #4Reviewed/ Approved By: Assistant City Manager 3 of63 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager June 15, 2021, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 1st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and West Coast Arborists, Inc (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform Urban Forestry Maintenance Services for the Public Works Department; WHEREAS, Contractor won a competitive bid for a contract providing tree trimming and maintenance services to the City of West Covina; WHEREAS, the City of West Covina contract provides, in Exhibit B titled "Fee Schedule", that Contractor may enter an agreement to supply the same type of services for other government agencies through this agreement if Contractor and any other government agencies agree to abide by all terms and conditions in the City of West Covina contract documents; WHEREAS, City and Contractor agree to abide by the terms and conditions in the contract documents for the City of West Covina contract; WHEREAS, Contractor has represented that Contractor possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4of63 ATTACHMENT A June 15, 2021, Item #43. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a 5 of63 June 15, 2021, Item #4bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 6 of63 (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; June 15, 2021, Item #47. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (8) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and 8 above. No disclosure required. D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and 8 above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services 7 of63 June 15, 2021, Item #4rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 8 of63 June 15, 2021, Item #4( c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 9of63 June 15, 2021, Item #418. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall 10 of 63 June 15, 2021, Item #4constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 11 of 63 June 15, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:---------Chris Hazeltine, City Manager Date: ----------ATTEST: Vaida Pavolas, CMG, City Clerk APPROVED AS TO FORM: West Coast Arborists, Inc. By: ___________ _ Patrick Mahoney, President Date: ------------By:--------------Alan Fenstermacher, City Attorney 12 of 63 June 15, 2021, Item #4"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Contractor agrees to perform urban forestry maintenance services as required by City, further described in the agreement which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals, which is included in this document as Attachment 1. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 1, 2021 and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two (2) additional one-year terms upon approval in writing of the City Manager and Contractor. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. 13 of 63 June 15, 2021, Item #4D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. 14 of 63 June 15, 2021, Item #4E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 15 of 63 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 9207 4 West Coast Arborists, Inc. 2200 E. Via Burton St. Anaheim CA,92806 (Remainder of page intentionally left blank) June 15, 2021, Item #4ATTACHMENT 1 CITY OF WEST COVINA MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE TRIMMING AND MAINTENANCE SERVICES THIS AGREEMENT is made and entered into the 1st day of July, 2020 ("Effective Date"), by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and WEST COAST ARBORISTS, INC., a California corporation f'Contractor"). WITNESSETH: A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor to provide tree trimming and maintenance services, as more fully described herein; and B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, except that if Contractor is required to but does not yet hold a City business license, it will promptly obtain a business license and will riot provide services to the City until it has done so; and C. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit "A" and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. E. WHEREAS, Contractor responded to the City's Request for Proposals for Tree Trimming and Tree Maintenance Services (Spec. No. 61-007) dated April 27, 2020 ("RFP"). The RFP is incorporated via this reference as if fully set forth herein. F. WHEREAS, Contractor's response to the RFP was a material inducement to the City ultimately entering into this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONTRACTOR 1.1. Scope of Services. Contractor shall provide the professional services described in the Scope of Services attached hereto as Exhibit "A," incorporated herein by this reference. Contractor shall comply with all requirements set forth in the RFP in providing the services. Contractor acknowledges and agrees that ~he services will be provided as requested by the City on a schedule agreed upon by City and Contractor and that Contractor is not entitled to deliver any specific amount of services under this Agreement. Fann Revised April 2020 16 of 63 1 West Coast Arborists, Inc. June 15, 2021, Item #4,t' 1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Contractor to comply with this section. 1.3 Prevailing Wage Requirements. (a) Compliance with Prevailing Wage Requirements. Contractor shall comply with all applicable provisions of California Labor Code sections 1720 through 1861. Pursuant to Sections 1720 through 1861 of the California Labor Code, Contractor and its subcontractors shall ensure that all workers who perform work under this Agreement are paid not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (DIR). Copies of such prevailing rate of per diem wages are on file at the City and are available for inspection to any interested party upon request. Copies of the prevailing rate of per diem wages may also be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Contractor and its subcontractors shall post a copy of the prevailing rate of per diem wages determination at each job site and shall make them available to any interested party upon request. (b) Payroll Records. Contractor shall comply with California Labor Code section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require its subcontractors to also comply with section 1776. Contractor and its subcontractors shall submit weekly certified payroll records to the City. Contractor is responsible for ensuring its subcontractors submit certified payroll records to the City. ( c) Apprentices. Contractor and its subcontractors shall comply with California Labor Code sections 1777.5, 1777.6 and 1777.7 concerning the employment and wages of apprentices. Contractor is responsible for ensuring its subcontractors comply with Sections 1777.5, 1777.6 and 1777.7. (d) Working Hours. Contractor and its subcontractors shall comply with California Labor Code sections 1810 through 1815, including but not limited to, restricting working hours on public works contracts to eight (8) hours a day and forty (40) hours a week, unless all hours worked in excess of 8 hours per day are compensated at not less than 1 ½ times the basic rate of pay. Form Revised April 2020 17 of 63 2 West Coast Arborists, Inc. June 15, 2021, Item #4( e) Penalties for Violations. Contractor and its subcontractors shall comply with California Labor Code section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under Labor Code sections 1720 -1861. 1.4. Bonds. Contractor shall furnish the following bonds: (1) a Performance Bond in an amount equal to $2,425,000, and (2) a Payment Bond (Labor and Materials) in an amount equal to $2,425,000. The bonds shall be in a form approved by City and shall be attached to this Agreement as Exhibit "C." (a) All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. (b) All the bonds shall be executed by a California admitted surety with an A.M. Best's Company rating satisfactory to the City. If an A.M. Best's rating is not available, the proposed surety must meet comparable standards of another rating service satisfactorily to City. Bonds issued by a California admitted surety listed in the latest versions of the U.S. Department of Treasury Circular 570 must be accompanied by all of the documents enumerated in California Code of Civil Procedure§ 995.660(a). {c) The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the contract documents or the work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the contract documents. 1.5. Performance to Satisfaction of City. Contractor agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: {a) Meet with Contractor to review the quality of the work and resolve the matters of concern; {b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.6. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and Galifornia employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Form Revised April 2020 18 of 63 3 West Coast Arborists, Inc. June 15, 2021, Item #41.7. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical or mental disability, medical condition, genetic information, pregnancy, marital status, sex, gender, gender identity, gender expression, sexual orientation, or military or veteran status, except as permitted pursuant to Section 12940 of the Government Code. 1.8. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.9. Confidentiality. Employees of Contractor in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the tennination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 1.10. Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, infomiation and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule"). Contractor's annual compensation during the initial term and any extension period shall not exceed Four Hundred Eighty-Five Thousand Dollars ($485,000.00). Contractor's total compensation shall not exceed Two Million Four Hundred Twenty-Five Thousand Dollars ($2,425,000.00). 2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal unless the City, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Contractor's standard hourly rates shall be paid to the Contractor for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or to the Form Revised April 2020 19 of 63 4 West Coast Arborists, Inc. June 15, 2021, Item #4maximum total contract amount of $25,000, whichever is greater. The Department Head or City Manager is authorized to approve a Change Order for such additional services. 2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "C," attached hereto and incorporated herein by th is reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on June 30, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. Thereafter, this Agreement may be extended for a maximum of two (2) successive one {1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. In the event of such termination, Contractor shall immediately stop renderin_g services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. Fonn Revised April 2020 20 of 63 5 West Coast Arborists, Inc. June 15, 2021, Item #4If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement. The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should: a. Be adjudged a bankrupt; b. Become insolvent or have a receiver of its assets or property appointed because of insolvency; c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement: e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer: or f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City's written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Contractor, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best's rating of no less than A:VII, and approved by City: (a) Broad-form commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket 6 Form Revised April 2020 West Coast Arborists, Inc. 21 of 63 June 15, 2021, Item #4contractual fiability, independent contractors, personal injury or bodily injury with a policy limit of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per accident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Contractor agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. By execution of this Agreement, the Contractor certifies as follows: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work. The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section. (d} Professional errors and omissions rE&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence or claim, and Two Million Dollars ($2,000,000.00) aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retroactivity date shall be prior to the start of the work set forth herein. Contractor shall obtain and maintain said E&O liability insurance during the life of this Agreement and for five (5) years after completion of the work hereunder. ff coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, Contractor shall purchase "extended reporting" coverage for a minimum of five (5) years after completion of the work. If the Contractor maintains higher limits or has broader coverage than the minimums 7 Fonn Revised April 2020 22 of 63 West. Coast Arborists, Inc. June 15, 2021, Item #4shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor pursuant to its contract with the City; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Contractor's insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy. (d) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. 5.4. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City Form Revised April 2020 23 of 63 8 West Coast Arborists, Inc. June 15, 2021, Item #4reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Key Personnel. It is the intent of both parties to this Agreement that Contractor shall make available the professional services of Nick Alago, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City's Representative. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile or by Email; and c} 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: West Coast Arborists, Inc. 2200 E. Via Burton St. Anaheim CA, 92806 Tel: (714) 920-0558 Email: nalago@wcainc.com Attn: Nick Alago IF TO CITY: City of West Covina 825 S. Sunset Avenue West Covina, CA 91790 Tel: (626) 939-8790 Email: jaguilar@westcovina.org Attn: Josue Aguilar 6.5 Attorneys' Fees. If litigation is brought by any party in connection with this Agreement, each party shall be responsible for its own costs and expenses, including attorneys' fees. Fonn Revised April 2020 24 of 63 9 West Coast Arborists, Inc. June 15, 2021, Item #46.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. 6. 7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Contractor agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the Contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Contractors Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not. at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its ·officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under Form Revised April 2020 25 of 63 10 West Coast Arborists, Inc. June 15, 2021, Item #4this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee. agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend. and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents. 6.13. Electronic Safeguards. Contractor shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information. Contractor shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment. 6.14. Economic Interest Statement. Contractor hereby acknowledges that pursuant to Government Code Section 87300 and the Conflict of Interest Code adopted by City, Contractor is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700} with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager. Fonn Revised April 2020 26 of 63 11 West. Coast Arborists, Inc. June 15, 2021, Item #46.15. Conflict of Interest. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act of 1974 (Government Code Section 81000, et seq.) and Government Code Sections 1090-1092. Contractor covenants that none of Contractor's officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be used by Contractor as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firrn(s) and/or partnership(s) owning property in the City and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/orfirm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement. 6.16. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.22. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. Form Revised April 2020 27 of 63 12 West Coast Arborists, Inc. June 15, 2021, Item #46.23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.24. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.25. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. 6.26 Taxpayer Identification Number. Contractor shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service. Form Revised April 2020 28 of 63 [SIGNATURE PAGE FOLLOWS] 13 West Coast Arborists, Inc. June 15, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF WEST COVINA, A municipal corporation David Carman City Manager Patrick Mahdrney President ATTEST: Tho City Attorney APPROVED AS TO INSURANCE: Human Resources and Risk Management Director Fenn Revised April 2020 29 of 63 Date: 7 ·J J · 2...0 Date: _1-----+/.......:..11--1/.........,1-::;__o ____ _ Date: 7 -7, -1,.0 Date: _6_7+--/ O,_;:_~.,..__/ 2_o 2_0 __ _ I I Date: _7......._,__/,_~....._/_~ __ · __ 14 West. Coast Arborists, Inc. June 15, 2021, Item #430 of 63 EXHIBIT A SCOPE OF SERVICES West Coast Arborists, Inc. June 15, 2021, Item #4Tree Trimming and Tree Maintenance Services The scope of work is complete, continuous, consistent and safe tree maintenance of a variety of species throughout the City. Tree maintenance may consist of pruning, removals, stump grinding, planting, staking, pest control, fertilizing, watering, emergency response, arborist services, inventory and banner hanging work. The Contractor shall provide all equipment, labor and materials necessary for performing tree maintenance according to the specifications in this agreement. The equipment shall be clean and well-maintained, of the latest and most efficient design. Maintenance personnel shall be uniformed professional and well trained. Selective pruning shall be employed always based solely on the standards prescribed by the International Society of Arboriculture and according to the ANSI A300 pruning standards. The intent and purpose of this agreement is to provide a level of tree maintenance to the areas such that each will present a safe, pleasing, and desirable appearance always within the limitations of the contracted service requirements. The contractor agrees to maintain all the designated areas covered by this Agreement at such levels. The City Engineer, or his designated representative, shall be the sole judge as to the adequacy and quality of the tree maintenance. The work shall be done in accordance with "The 'Green Book' Standard Specifications for Public Works Construction11 2018 edition including subsequent amendments, supplements and/or additions. Copies are available from the publisher, Building News, Incorporated, 1612 So. Clementine Street, Anaheim, California, 92802, telephone (714) 517-0970. Where the City Engineer is mentioned in these provisions, it shall be noted that his designated representative may act on his behalf regarding administration of this agreement. The term "tree" is used about both woody trees and palms in the language of this agreement, unless otherwise specified. Contractor will perfonn complete prunes on approximately 5,000 city trees in the grid each year over a five year period, as requested by City and on a schedule agreed upon by City and Contractor. Contractor will perfonn complete prunes on approximately 2,000 palm trees each year over a two year period, as requested by City and on a schedule agreed upon by City and Contractor. Contractor will perfonn complete prunes on approximately 7,000 city trees over 5 year trim cycle in Landscape Maintenance Districts ("LMD"), as requested by City West Coast Arborists, Inc. 31 of 63 June 15, 2021, Item #4and on a schedule agreed upon by City and Contractor. This would equal to approximately 1,400 trees each year. Notwithstanding the foregoing estimates, Contractor is not entitled to deliver any minimum amount of services under this Agreement. Complete pruning indudes: raising the canopy height for building and right of way clearance, eliminating deadwood, crossing branches, and other safety concerns; shaping and thinning for the health for the health of the tree and for aesthetics. The number of trees indicated here are estimates to date based on the City's tree inventory system. The exact number of trees to be pruned at any one time will be determined when specific addresses and locations are provided. Contractor is to provide all labor and equipment necessary to perform pruning operations as described in this contract. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree, following procedures of current industry standards, or as instructed by the City. All major pest problems shall be reported to the City Contract Supervisor within 24 hours from the initial identification via email. 1.1. SUPERVISION & STAFF The Contractor shall assign a supervisor to be on site each working day, working regular working hours, for the duration of this contract. The contractor and its staff shall have skills, expertise, and experience in arboriculture; including pest control, soils, fertilizers and plant identification. The supervisor must be fluent in the English language. The supervisor shall be thoroughly knowledgeable of the General and Special Provisions of this Agreement, as set forth in the RFP. 1.2. WORK LISTS a) Grid Pruning -The Public Services Department Representative will identify pruning locations by highlighting the corresponding streets on the map, which will be provided to the Contractor, along with a specific pruning assignment such as full trim, clean, raise, or palm trimming. The Contractor shall document all work onto a City Contractor Work List (Appendix D to RFP); and record the location, species, size, work type, quantity, unit costs and lump sum amounts for each tree trimmed. The price paid for grid pruning shall be as specified in Section 7.12(C) of the RFP. b) Removals and Plantings -The Public Services Department Representative will provide a work list consisting of location, tree species, size, work type, quantity, unit costs and lump sum amounts. West. Coast Arborists, Inc. 32 of 63 June 15, 2021, Item #4c) Inspection -The Contractor shall notify the Public Services Department Representative upon completion of each work list and shall not process any work list for invoicing until all sites on the list have been inspected by the Public Services Department Representative. Also, daily, or as required, the Contractor or its supervisor may walk the project with the Public Services Department Representative for determining compliance with the specifications or to discuss required work. Any tree(s), which in the opinion of the Public Services Department Representative have not been pruned, removed or planted according to the conditions of the specifications set forth herein shall be brought to the attention of the Contractor and, if not corrected, payment to the Contractor will not be made until the condition is corrected. d) Service Requests and Location Lists -The Contractor could be given additional service requests and location lists each day, in addition to the weekly or grid schedule list. This work will be considered as normal work and not subject to emergency work cost or crew rental costs. 1.3. TREE INVENTORY AND WORK SHEETS All trees that are in the tract, in which the Contractor is working, shall be recorded onto a City Tree Inventory List (Appendix E to the RFP). The Tree Inventory along with the list of trees pruned/removed shall be given to the Public Services Department Representative monthly. Each field on the inventory sheet should be filled in as follows: a) Right of Way-This is the public right of way (and/or tree maintenance easement) as recorded in the development plans. The measurement will be the width of the parkway, or in areas in which there is no parkway, the designated footage beginning from the curb face. b) Address -Consists of the house number and complete street name. If the tree is on the side of a comer house, the name of the intersecting street shall be included. c) Species -Including hybrids, varieties and cultivars. d) Diameter at Breast Height (DBH) -The measurement of the trunk diameter at 4.5feetfromthe base, as described in section 7.12(f) of the RFP. Multi-trunk trees shall be recorded by using the DBH of the largest trunk followed by the letter M and the total amount of the trunks. 1.4. CREW RENT AL The standard crew is three (3) workers, one (1) chipper truck, one (1) chipper and all necessary hand tools. The crew equipment can be modified to complete any· type of miscellaneous tasks including special projects that may consist of West Coast Arborists, Inc. 33 of 63 June 15, 2021, Item #4extraordinary work. 1.5. EMERGENCY RESPONSE WORK SCHEDULE Emergency response work may be required to mitigate safety hazards outside of normal working hours. a) Emergency response work will not be performed without prior approval by the Public Services Department Representative unless a condition exists wherein it appears there is a danger of injury to persons or property. b) Payment of emergency response work shall be in accordance with the hour1y rates and unit prices in the Emergency Response Work Schedule. c) The City reserves the right to cause any emergency response work deemed necessary by the Public Services Department Representative to be performed by the City crews, other contractors, or day labor, at no cost to the Contractor. d) Emergency response work is work performed after normal working hours or anytime during a 24-hour period that the Public Services Department Representative deems an emergency. Emergency response work does not include service requests and location lists assigned during normal working hours (7 a.m. to 4 p.m. Monday through Friday, not including Holidays} e) Emergency Response and Crew Rental rates begin when the crew arrives on site and begins work, and end at the completion of the work requested by the City. Portal to Portal pay is not allowed. 1.6. SAFETY MEASURES 34 of 63 a) The Contractor shall obey and adhere to Cal OSHA requirements for worker safety, and ANSI 2133.1 Safety Requirements. b) Any person working in proximity to electrical conductors shall be proper1y trained in electrical hazard recognition and avoidance, and possess the appropriate qualifications required by the State of California. c) Any dead tree, tree with excessive dec;:ay, or tree with a substantial defect such as a split, crack, or unstable root system, shall be reported immediately to the Public Services Department Representative. d) The Contractor shall postpone any tree maintenance activity wherein a vehicle is in proximity and such activity has the likelihood of causing damage to vehicle. In such instances, it is the responsibility of the Contractor to immediately notify the vehicle owner and request to have the West Coast Arborists, Inc. June 15, 2021, Item #4vehicle moved to a safe location. Any abandoned vehicle shall be reported to the West Covina Police Dept. 1.7. PRESERVATION OF PROPERTY a) The Contractor shall carefully protect from damage all trees, shrubs, ground covers, turf irrigation, water service, fences, sidewalk, buildings, automobiles, street lights, street signs, or any other facilities located on or adjacent to the job site. b) Should any direct or indirect damage or injury result to any public or private property by or because of any act, omission, neglect or misconduct in the execution of work, on the part of the Contractor or the Contractor's employees, such property shall be restored by the Contractor, to a condition equivalent to that existing before damage occurred. c) The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor's faulty maintenance or negligence, as determined by the Public Services Department Representative. Replacement shall be made by the Contractor in the kind and size of trees as determined by the Public Services Department Representative. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Public Services Department Representative, using the latest Council of Tree and Landscape Appraisers -Guide for Plant Appraisal. 1.8. PRESERVATION OF WILDLIFE Reasonable efforts shall be taken to protect and preserve the nests, or nesting cavities, of beneficial birds and other beneficial animals, unless in-so doing would create a hazardous condition. 1.9. QUALITY OF WORK The Contractor shall be committed to retaining the value of all trees in its care, and at no time under this contract agreement shall the Contractor decrease the value of any tree without written authorization from the Public Services Department Representative. The Contractor shall be skilled in arboriculture and have the expertise necessary to perform all duties to the highest standard, as required in this agreement. The Public Services Department Representative shall be the sole judge as to the adequacy and quality of maintenance. West Coast Arborists, Inc. 35 of 63 June 15, 2021, Item #41.10. DISEASE CONTROL Any monocot or dicot species that is known to transmit an infectious disease prevalent in the landscape shall be pruned with handsaws, pole saws or reciprocating saws only. Prior to pruning, all saw blades must be sterilized by a ten (10) minute immersion in a bucket of water containing twenty-five (25) percent chlorine bleach. A fresh solution shall be mixed daily. Each tree shall be pruned utilizing a blade that has been sterilized in this fashion, thereby preventing tree-to-tree disease transmission via the saw blade. After a tree has been pruned, the saw blade shall not be utilized again until it has been sterilized by the ten ( 10) minute immersion method described above. 1.11. PRUNING -GENERAL REQUIREMENTS a) Pruning shall be in strict accordance with all standards and methods as prescribed by the International Society of Arboriculture (Appendix C). b) The Contractor shall prune to retain the natural structure of each tree species, unless otherwise directed by the Public Services Department Representative, and have the knowledge and ability to determine each tree species response to pruning. Pruning patterns shall be consistent so that visual continuity is maintained, and the value of all City trees pruned is increased. c) The use of chain saws shall be restricted to those cuts that cannot be made with hydraulic, pneumatic, or manually operated lopping shears. All blades, chains and other cutting devices shall be kept sharpened, to make a clean final cut, with the bark intact and free from stripping or shredding. Wound dressings are not permitted. d) Pruning cuts shall be made carefully and at the proper location; this will be back to the parent branch or trunk, just to the outside of the branch collar and branch bark ridge. e) Branch cuts shall be kept as small as possible to prevent excessive decay. No live branch greater than eight (8) inches in diameter (measured at the base of the branch) shall be removed without authorization from the Public Services Department Representative, unless said branch is weakly attached or has other significant defect. f) Limbs, measuring two (2) inches or greater in diameter, shall be removed using the three-cut method (Appendix C). g) When pruning mature trees, no more than twenty-five (25) percent of the leaf-bearing canopy should be removed. Live Oaks are limited to ten (10) percent. h) When reducing the length of a limb back to a lateral branch, the lateral should be at least one-third the diameter of the portion removed. West Coast Arborists, Inc. 36 of 63 June 15, 2021, Item #4i) Young trees shall be pruned primarily to improve structure (Appendix C). j) Private trees encroaching upon a City sidewalk or street, and are not providing proper height clearance requirements, shall be raised on the street-side only to mitigate nuisance or hazard. The cost shall be adjusted to one half that for complete raise. k) The use of climbing spurs, gaffs, or any other climbing devise that causes puncture wounds is prohibited, except for aerial rescue efforts, or during removals. I) The Contractor shall not prune any tree( s ), which have been pruned by a resident or homeowner and have been trained, cut, or sheared in such a way to form a hedge, espalier, or picturesque shape, and have not been trained in the normal landscape shade tree standard of pruning. Such trees shall not be recorded on the work list. These trees are to be noted, and the Contractor shall inform the Public Services Department Representative of them by address. m) Any inappropriate piece of metal, wire, rubber, wood, or other material that is damaging the growing tissue of a tree or predisposes the tree to irreparable damage in the future, shall be removed. If it is determined that the material cannot be removed without further damage to the growing tissue of the tree, it shall not be removed, but necessary actions shall be taken to reduce the impact of this material to the tree by cutting out as much of the exposed surface of it as possible. n) Vines that are entwined on the trunk or throughout the limb structure shall be removed with caution, avoiding injury to tree. 1.12. PRUNING -WORK TYPE DESCRIPTIONS The following four work type descriptions may be assigned to the Contractor. All general requirements for pruning shall be followed. a) Grid Pruning -Grid pruning means routine tree pruning per pre-designated districts/grids on a scheduled cycle or any grouping of seven (7) or more trees near one another, within an approximate 200-yard radius, and shall be paid as grid pruning even when off the regularly scheduled district/grid plan. The price paid for grid pruning shall be as specified in Section 7.12(C). b) Full Pruning -The objective is to improve tree structure, reduce wind sail effect, allow for improved light penetration, provide proper clearances, and to remove dead or other undesirable limbs. Selective pruning shall be implemented; any or all pruning techniques shall be applied depending on the requirements of each tree. These include, structural pruning, crown cleaning, crown thinning, crown reduction, crown raise and crown West Coast Arborists, Inc. 37 of 63 June 15, 2021, Item #4restoration. c) Crown Raise -In areas where raises are specified, no other type of pruning shall be done. A crown raise is removal of lower branches only, to provide proper height clearance. Fourteen and one-half (14.5) feet clearance is required over streets, where applicable. Nine (9) feet dearance is required over parkways and sidewalks. Eleven (11) feet clearance is required over equestrian trails. To avoid destroying the natural structure of small trees, they shall not be raised to the afore mentioned specifications. Instead, such trees shall be pruned to reduce the length of the obstructing limbs. d) Crown Cleaning -In areas where cleaning is specified, no other type of pruning shall be done. Crown cleaning is the removal of dead, dying, diseased, broken and weakly attached branches. Crown cleaning shall also include crown raise, when needed to provide proper clearance. e) Crown Reduction -In areas where height issues are specified, no other type of pruning shall be done. Crown reduction is used to reduce the height and/or spread of a tree. Thinning cuts are most effective in maintaining the structural integrity and natural form of a tree and in delaying the time when it will need to be pruned again. The lateral to which a branch or trunk is cut should be at least one-half the diameter of the cut to be made. f) Palm Pruning -Palm fronds are to be removed so that a 90-degree angle is achieved. The angle shall be measured from the horizontal axis of the growing point base. All dead fronds, flower stalks and fruit stalks shall be removed and cut as close to their base as possible without damaging adjacent fronds or trunk tissue. Loose petioles from previous pruning operations shall be removed carefully. When pruning palms in the Phoenix genus it is imperative to sterilize all pruning equipment (as described in section 7.25 to avoid possible tree-to-tree transmission of the disease Fusarium oxysporum. 1.13. SELECTIVE PRUNING When performing any of the four pruning work types, mentioned in section 7.31, it is imperative to employ selective pruning to prevent over pruning. If any tree in an assigned area requires a lesser amount of pruning than what has been assigned, only that which is necessary will be performed. 1.14. TREE REMOVALS a) All tree removal operations shall be in strict accordance with the methods prescribed by the International Society of Arboriculture. West Coast Arborists, Inc. 38 of 63 June 15, 2021, Item #4b) Trees designated for removal by the Public Services Department Representative will be marked with a DOT, using white paint, on the trunk, just above the root collar of the tree. If for any reason there is doubt regarding the trees(s) to be removed, the Public Services Department Representative will be contacted before work commences. c) Felling is permitted providing it can be safely achieved without endangering surrounding property and will not interfere with vehicular traffic. A tag line(s) shall be used to direct fall always. All bystanders shall be kept at a safe distance from the work site. d) Trees too large to fell shall be removed in sections. Each section shall be cut into a size that can be handled easily and safely by one tree worker. If section is too heavy for one worker, it shall be rigged and lowered to the ground. The means of lowering shall be acceptable to the Public Services Department Representative. e) Stump grinding shall be incorporated with the removal of the tree and performed on the same day. The underground service alert regional notification center (Dig Alert) must be called prior to the start of the removal list, to allow enough time for each site to be marked before work begins. f) The depth of stump grind shall be no less than eighteen ( 18) inches below lowest surface grade. The grind shall comprise the entire stump below soil surface and any uplifted portion of the soil caused by the root flare. Exposed roots, whether in the public right of way or private property, shall be traced and ground or chopped out to a depth of no less than eight (8) inches below the lowest surface grade. If irrigation is damaged it shall be repaired immediately. The site shall be backfilled with a mix of 60% soil and 40% of the remaining wood chips; then firmly tamped down to allow for as little settling as possible. All excess wood chips and soil shall be hauled away. When complete, the work site shall be level and at the original soil grade of the surrounding area. 1.15. TREE PLANTING AND STAKING a) Trees purchased by the Contractor shall comply with the specifications set forth in the Standards for Purchasing Container-Grown Landscape Trees (Appendix F). b) All trees shall be planted according to the Standards prescribed by the International Society of Arboriculture. The standard plan for tree planting, as per Standard Plans for Public Works Construction (SPPWC), Std. Plan No 518-3, Sheet 2, shall be followed (Appendix H). c) The Contractor shall follow the requirements in section 7.11, UNDERGROUND ALERT of this contract before the excavation of any tree-planting site. West Coast Arborists, Inc. 39 of 63 June 15, 2021, Item #4d) Prior to planting, the natural root flare must be identified. Any soil that may be covering the root flare must be removed. The planting hole shall be dug to a size of two times the width of the root ball, leaving the bottom firm, to prevent the tree from settling. The container shall be removed carefully to prevent root or stem damage; the tree shall not be pulled by the stem. If the container does not come off easily, it shall be cut on one or more sides, from top to bottom, to allow its removal. Circling roots shall be separated and spread outward. Densely matted roots that cannot be teased apart shall be cut cleanly in two places. e) The tree shall be lifted by the root ball only and carefully placed in the planting hole. The root ball shall be oriented so that the tree stands vertical, with the top of the root ball approximately one to two inches higher than the soil grade. Backfill shall be native soil only with no rocks greater than three inches diameter. Soil shall not be placed on top of the root ball. Displace air pockets in the backfill by moderately tamping with shovel handle and watering in. Check for settling and add backfill if necessary. To avoid compaction of the soil, do not tamp the backfill with excessive pressure or use broad, heavy objects. f) Any tree that can stand upright without support and would be able to withstand prevailing winds along with yearly Santa Ana wind occurrences shall not be staked. g) If upon determining a tree cannot support itself, two stakes of good quality treated lodge pole pine not exceeding eight feet in length and no more than two and one-half inches in diameter, shall be used. The stakes shall be placed in a northwest/ southeast configuration to give maximum support during heavy wind conditions and placed outside the root ball, avoiding any damage to roots. Stakes shall be pounded down until sufficiently stable. The top of the stakes interfering with branch structure shall be cut off below the lowest branch where the tree's growth habit permits. h) Trees shall be tied to stakes using rubber cinch ties, thirty-two inches in length, attached by a method of a figure eight loop between the tree trunk and each stake. Ties shall be attached to stakes with galvanized nails driven into the stakes. A minimum of two ties shall be used, placed high enough on the trunk to support the crown. Additional ties shall be placed lower on the trunk if needed to straighten. Ties shall be taught enough to prevent trunk from rubbing against the stakes, but with a modest amount of slack to allow movement of the tree. Ties shall not .be placed in branch crotches. i) A plastic guard shall be placed loosely around the base of the trunk. j) A watering basin shall be placed around the outer edge of the root ball in areas where run-off will occur. The basin shall be in the form of a tightly compacted soil berm, three inches in height. A watering basin is not required on turf or dense ground cover. West. Coast Arborists, Inc. 40 of 63 June 15, 2021, Item #41.16. STAKING ONLY The Contractor shall stake any tree that is unable to stand upright on its own, whether the existing stakes have become loosened, damaged, incorrectly installed, or where the stakes are absent. This work shall be performed in any area where the contractor is pruning or where otherwise directed by the Public Services Department Representative. All the standards shall be followed. 1.17. STAKE REMOVAL The Contractor shall remove stakes from trees that have achieved enough stability and grown to at least three (3) inches diameter at breast height (DBH). The stakes should be pulled completely out of the ground when possible; otherwise, the stakes shall be cut down below grade and backfilled with soil. All undamaged tree stakes that are suitable for re-use shall be returned to the City. The Contractor shall dispose of all damaged tree stakes. Stake removal shall be performed in any area where the contractor is pruning, and there shall be no extra charge incurred. 1.18. REMOVAL OF BRUSH AND DEBRIS The Contractor shall be responsible for the removal and disposal of all debris, i.e. wood, branches, brush, chippings, and any other material resulting from tree maintenance operations. a) Contractor must comply with all state, county and local laws and ordinances applicable to and governing such disposal. b) Disposal of all Eucalyptus wood infested with the larvae of the Eucalyptus Long Horned Borer shall follow the State of California Public Resources Code, Article 5, Section 4714.5. 1.19. TREE WATERING Watering is to be performed by a one-man crew with a water truck. Contractor shall include the pricing to water newly planted trees for the first year after initial planting. Watering will occur along various routes including landscape medians, parkways, parks, and City facilities. At the discretion of the Public Services Department Representative, older trees will be included on a watering schedule. 1.20. ARBORIST SERVICES On occasion, the City requires tree evaluations including written reports. The Contractor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for West Coast Arborists, Inc. 41 of 63 June 15, 2021, Item #4the preparation of detailed arborist reports, tree risk assessment reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. 1.21. MILLING On occasion, the City may request for some of the removed Urban Forest material be milled down for special projects. The Contractor shall provide a per foot milling cost of this material. Milling can be performed on or off site. West. Coast Arboris1s, Inc. 42 of 63 June 15, 2021, Item #443 of 63 EXHIBIT B FEE SCHEDULE West. Coast Arborist.s, Inc. June 15, 2021, Item #4ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL COST Grid Pruning Flat rate price per tree to prune city trees in 1 the grid. 5,000 ea per year over a five year 5,000 EA $66.00 $330,000.00 period. Flat rate price per tree to prune palm trees 2 in the grid. 2,000 ea per year over a two 2,000 EA $66.00 $132,000.00 vear period. Flat rate price per tree to prune city trees in 3 Landscape Maintenance Districts ("LMD"). 1,400 EA $144.00 $201,600.00 1,400 ea per vear over a f1Ve vear oeriod. SUBTOTAL (not to exceed annual cost) $ 663.600.00 Full Prune per Service Reauest 4 0" -12" Diameter Standard Height EA $ 80.00 $ 80.00 5 13" -18" Diameter Standard Height EA $ 80.00 $ 80.00 6 19" -24" Diameter Standard Height EA $ 120.00 $ 120.00 7 25"-30" Diameter Standard Height EA $ 120.00 $ 120.00 8 31 "-36" Diameter Standard Height EA $ 144.00 $ 144.00 9 36" + Diameter Standard Height EA $ 144.00 $ 144.00 Crown Raise per Service Request -Hardwood Tree 10 0"-12" Diameter Standard Height EA $ 59.00 $ 59.00 11 13" -18" Diameter Standard Height EA $ 59.00 $ 59.00 12 19"-24" Diameter Standard Height EA $ 59.00 $ 59.00 13 25" -30" Diameter Standard Height EA $ 59.00 $ 59.00 14 31 "-36" Diameter Standard Height EA $ 59.00 $ 59.00 15 36"+ Diameter Standard Height EA $ 59.00 $ 59.00 Crown Cleaning per Service Request -Hardwood Tree 16 0"-12" Diameter Standard Height EA $ so.oo $ accg 17 13" -18" Diameter Standard Height EA $ 80.00 $ 8Q.QQ 18 19"-24" Diameter Standard Height EA $ 120.00 $ 120.00 19 25" -30" Diameter Standard Height EA $ 120.00 $ 1~0.00 20 31 "-36" Diameter Standard Height EA $ 144.00 $ 144.00 21 36" + Diameter Standard Height EA $ 144.00 $ 144.00 22 44 of 63 June 15, 2021, Item #4Crown Reduction per Service Request -Hardwood Tree 22 O" -12" Diameter Standard Height EA $ 90.00 $ 90.00 23 13"-18" Diameter Standard Height EA $ 90.00 $ 90.00 24 19" -24" Diameter Standard Height EA $144.00 $ 144.00 25 25" -30n Diameter Standard Height EA $144.00 $ 144.00 26 31 "-36" Diameter Standard Height EA $184.00 $ 184.00 27 36"+ Diameter Standard Height EA $ 284.00 $ 284.00 Palm Pruning 28 Prune Date Palm (Phoenix spp.) EA $ 200.00 $ 200.00 29 Clean Trunk for Date Palm (Phoenix spp.) EA $ 200.00 $ 200.00 30 Prune Fan Palm (Washingtonia spp.) EA $ 84.00 $ 84.00 31 Clean Trunk for Fan Palm (Washingtonia spp.) EA $ 104.00 $ 104.00 32 Prune all other Palm Species EA $ 66.00 $ 66.00 Tree and Stump Removal 33 O" -12" Diameter Standard Height EA $ 280.00 $ 280.00 34 13" -18" Diameter Standard Height EA $ 680.00 $ 680.00 35 19" -24" Diameter Standard Height EA $ 940.00 $ 940.00 36 25" -30" Diameter Standard Height EA $1,220.00 $1,220.00 37 31 "-36" Diameter Standard Height EA $1,450.00 $1,450.00 38 36"+ Diameter Standard Height EA $1,890.00 $1,890.00 Tree Removal Only. No Stump Removal. 39 O" -12" Diameter Standard Height EA $ 240.00 $ 240.00 40 13"-18" Diameter Standard Height EA $ 620.00 $ 620.00 41 19" -24" Diameter Standard Height EA $ 870.00 $ 870.00 42 25" -30" Diameter Standard Height EA $ 1,100.00 $ 1,100.00 43 31 "-36" Diameter Standard Height EA $ 1,370.00 $ 1,370.00 44 36"+ Diameter Standard Height EA $ 1,720.00 $ 1,720.00 Stump Removal 45 Stump Removal per Stump Diameter Inch at Grade INCH $ 20.00 $ 20.00 23 45 of 63 June 15, 2021, Item #4Tree Planting and Staking EA $ $ 46 15 Gallon (double staked per specs)-Labor, EA $ 180.00 $ 180.00 EQuipment, Tree and Materials 47 24 inch Box (double staked per specs) -Labor, EA $ 360.00 $ 360.00 Equipment, Tree and Materials 48 36 inch Box (double staked per specs)-Labor, EA $ 1,000.00 $ 1,000.00 Equipment, Tree and Materials General Labor Rates 49 Hourly Rate for 1 Ground-person HR $ 89.00 $ 89.00 50 Hourly Rate for 1 Equipment Operator HR $ 89.00 $ 89.00 51 Hourly Rate for 1 Trimmer HR $ 89.00 $ 89.00 Day Rate 52 Day Rate Service Crew DAY $ 2.403.00 $ 21403.00 53 Specialty Equipment Day Rate DAY $1,000.00 $1,000.00 Emergency Services 54 During normal business hours HR $ 109.00 $109.00 55 After hours, weekends and/or holidays HR $ 129.00 $129.00 General Arborist Services 56 Arborist Reports HR $ 150.00 $ 150.00 57 Level 1, 2, and 3 Risk Assessments HR $ 150.00 $150.00 24 46 of 63 June 15, 2021, Item #4CITY OF WEST COVINA RFP for Tree Trimming and Tree Maintenance Services (Spec No. 61-007) DESCRIPTION Specialty Equipment Pay Rate (ATV) GPS Tree Inventory Add-on's Plant 48" box tree Plant 6011 box tree DESCRIPTION ADDITIONAL SERVICES PRICING UNIT Per Day Tree Site Each Each PLANT HEALTH CARE SERVICES UNIT Tree Canopy Spraying from ground level Per diameter inch Tree Canopy Spraying from aerial tower Per diameter inch Description: Foliar hydraulic spraying of recommended material. Insecticide or Fungicide Trunk Banding Description: Trunk spray of recommended material. Per diameter inch UNIT PRICE $500.00 $5.00 $1,950.00 $5,950.00 UNIT PRICE $ 6.00 $8.00 $6.00 PGR Trunk Banding Per diameter inch $ 6.00 Description: Trunk spray of recommended material to regulate plant growth. Insecticide or PGR Soll Application (Cambistat) Per diameter inch $ 6.00 Description: Recommended insecticide soil injection or drench material to regulate plant growth. Insecticide or Fungicide Soil Application Per diameter inch $ 6.00 Description: Soil applied drench of recommended material. Soil Injection Fertilization Per diameter inch $6.00 Description: Soil applied injection of recommended material. Soil Drenching Fertilization Per diameter inch $6.00 Description: Soil application of recommended material. Trunk Injection (lnsecticide/Miticide) Per diameter inch $ 8.00 Description: Trunk injected recommended material. Trunk Injection (Fungicide) Per diameter inch $ 6.00 Description: Trunk injected recommended material. Trunk Injection (Insecticide & Fungicide Combo) Per diameter inch $ 8.00 Description: Combination of one time trunk injection of two recommended materials. Avermectln Class Insecticide Injection Per diameter inch $6.00 Description: Recommended trunk injection of Emamectin benzoate active ingredient. *Prices may vary subject to the recommended rate of application, material availability, and best management practices. ,COOPERATIVE PURCHASE It is intended that any other public agency (e.g., city, county, district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. 47 of 63 June 15, 2021, Item #448 of 63 EXHIBIT C BONDS West Coast Arborists, Inc. June 15, 2021, Item #4Page 1 of2 (Use of City Performance Bond Form is Required) APPENDIXA PERFORMANCE BOND PUBLIC WORK (CALIFORNIA) KNOW ALL !vIBN BY THESE PRESENTS: Bond No. SUl145503 Premium: $12,125.00/ Annually WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 1st day of July , 2020 referred to and made a part hereof for: Tree Trimming and Maintenance Services which agreement requires the Principal to provide Obligee with this bond. NOW THEREFORE, we, West Coast Arborists, _Inc. ____ , as Principal, and Arch Insurance Company , a corporation organized under the laws of Missouri . and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of West Covina, as Obligee, in the sum of Two Million Four Hundred Twenty Five Thousand and No/100--------------------------Dollars ($ 2,425,000.00---------------------------), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its sub-contractors shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. {§~sed April 2020 37 West Coast Arborists, Inc. June 15, 2021, Item #4Page 2 of2 (Use of City Performance Bond Form is Required) IN WITNESS THEREOF, we have hereunto set our hands and seals this 2nd day of July , 2020 (Corporate Seal) (Corporate Seal) APPROVED AS TO FORM: Isl Thomas P. Duarte City Attorney Scf'fil~ised April 2020 Principal By -Patric President Title Arch Insurance Company Surety By <::/( ,n,.__f;;,. 2.u.:~ Rosa E. Rivas Attorney-In-Fact Title 38 West Coast Arborists, Inc. June 15, 2021, Item #4CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of ORANGE on 7 /2/20 before me.Amelia· Menzel, Notary Public ----------Date Here Insert Name and Title of the Officer personally appeared _______ P_a_tr_ic_k_M_a_h_o_n_e __ y _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(6) whose name(,f @ale sub ribed to the within instrument and ackno~ged to me that ~y executed the same" in" is r authorized capacity(iesf,and that b~rAheir-stgnature(gf on the instrument the person($), r the entity upon behalf of which the persol)(6)" acted, executed the instrument. f o ~-2 ft ft •~l:M::Z~ e e f -,; _ .. ,.. -Notary Public -California ½ ; ~-v · -Orange County f -Commission II 2284387 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------OPTIONAL----------------Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: City of West Covina Performance Bond Document Date: __________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): _____ _ □ Corporate Officer -Title(s): _____ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 51 of 63 June 15, 2021, Item #4CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ora~ge On JUL.: 0 2 · 202() before me KD WapatoConrad, Notary Public, personally appeared Rosa E. Rivas who proved to me on the basis of satisfactory evidence to be the personW whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ms/her/theif authorized capacityties}, and that by-ms/her/theif-signaturefsj on the instrument the personfsj, or the entity upon behalf of which the person(s} acted, executed the instrument. KD WAPATOCONRAD COMM. #2166702 I Putlllc • C81ifornll 6 County ... Oct.3 2020 52 of 63 I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature __ _,_...1 _________ _ KO Wapat Conrad Signatur .,JJt Notary Public June 15, 2021, Item #4. ,. . ~-,,;__•:i _: --=J.Z~-AIC 0000285004 \' C(;c ' • ;_ ; ::~. '('.5 POWER oF ~ :~R~EY ~s N~T ~~,o UNLESS !:[?1:'",T!~f f L1!J,fACKGRou'tf ji.\;, t~ ft! -~~. ~-."~JJcwe_,;,_of.Attorney limits the.aa-its1qfJhase ,lamed.herein, and they_jJave ~~tnatity·to bind the Comp~ri_y,exq_epJ1n tffe';."t~:-;,-,= ·:-manner and to the extent herein staled. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rat'ifor Residential Value Guarantees. ;:. _,.. ... .,-.... i '-} ~r-•'H• .-,L :-: . ~: Knb~ All Persons By These Presents: POWER OF ATTORNEY·_ ::: ·• That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative offiGe in Jersey City, New Jersey (herein?.fter referred to as the "Company") q9e~ hereby appoint: . . . -.. 1 " I J ·,•, ; • : ., ·: • • ;.. -: -. . : • _-_..: -i f 1 • ' .\ r. ~ : Z _: __ L!~_ ~;-cran a/f,~sa E. Rivas of ·i'rvid~i"¾i.t (~CH) , -• ~ f ·.-~ ~ :::--• ; -I , .. ]::~ ~ -':) .,, its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: ~--. ..,:.: . -.... . I -, I • • ' -.,_ #. "".',-: -~:-..,, ··; --· • l . . /lj.ny arid._alf b~rids, wndertakings, reQQ~aqces an<J:ofh.er_surety obligations, in.jthe penal ,su,rn not exeeeding ·N1h~~y"Mill1oh Dollars ($90,000,000.00) .. · ---· . 1 . ' i.. .' .' . . . This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. ·_rJ~ exec~n -~~h bonds, una~1a~1n@~1 ·rf~o~~jz&j~c~,and other surety obii~tions, in p~sUQ~ce of these prese.nJ~~~a{b/~;·;s?~·~t:~ . b~a~~g _u~?1:' ff)e:·said Company 11~}~,1~!i:l~rv.t~am·~1~,1~t9 -~11 in_t~nts ~nd 'pu~s~, :as if_'thf! same had been a~,:-,~C-~}e#1 a,ft(~ ::-> acknowledged by its regularly electea::o-t'ticers M its principal administrative office m Jersey City, New Jersey. •·:c:: --This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are h.ereby certified to by the undersigned . . :s~crelary·~ bt~gt,in full force and effeot · ---. -~ · , 1 H~_.,lr~ ~-" ;4;''H1 : --· · -; ~ -""·_· ··:~-'!l-• .;i:=: .: ' .·. ',: : ~ ' ·~-. I,,,,,~ tl,!11 ·JI°; !~~ . " _i_. ,,' . ----; -=, C :r::f'V<QJfp:), Tfiat tne ·chairman of the-~d. tt\e,,;Presideilt, oi-the Executive VtcEi ;Pr~"sid~rit, dr any ~enior Vice Presicf~t. of: t_t;tg_ Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and ;,~?ther~~u:~,!~o~i~.ti~ns obligatory.i~ thle P,jt,~rrte.~e~ra,.I any such offi;-e~s :~~-~!J~f~~~~r7~Y-_~ppoint agen~}o; ~?9e.~~-~c,~f~~t~:-~~ .,~;v:; }Ul'.>. ~)~\1) ':··~.:-'!' ~·:?i~b"'t\~"'.,.' Vl"'"$~'-.9 :...-.,.;;. Thi'" · ower of Attorney is signed, sealJd an·d 'certified by facsimile under araf·, by autnority of the following resolution-·atfoplm3 by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, Tb.c(tt tb~ .. ~ignature of the Chairman of the atf1'.!; the President, or the Executive Viqe fre$(dent, or any Senior Vice Presid ··,:· _:-q:r:.tf;e,.:~u~ty!tai~_ess Division, ~f}fe_ t~)-~poifl ;,,~~ated in writin9 a~~-fi~d .yvitti ,t~i Se~retary, and tt:J_e-si_~J\Jtt;_=qf r~--"f~:\ --~. ~z's~fe:!~,~~~,[of the Compan\ ~rtg ~~i90fiti ___ ~~-the Secretary, mJ~ ?~·'.a~~~e~:,'JY :-f~~~;e on any power ~~~~y pt:J, _ ·-__ exectlfea puts□a-nt to the resolution.. ~ptoct by th&· Botird of Directors on ·September 15, 2011, and any such power sci exe-cutea, . sealed and certified with respect to any bond or undertaking to wti:ch it is attached, shall continue to be valid and binding upon the Company. ;· -, . ~ l : ~~ ~ ;. r ~ 1 ' i ~::.-.. ___ .,, 00ML0013 00 03 03 Page 1 Df 2 ~~ ~-\f -~ 1 = • : i l . ~ t ~ ;:.:. ---Printed in U.S.A. June 15, 2021, Item #4AIC 0000285004 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seat to be affixed by their authorized officers, this 24th day of J!!ly, 20_ll!. Attested and Certified f6M~A( Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS ___ CQUNTY_OF PHILADEL\HIA SS eeo ltl'OMTt SW,. 1m Arch Insurance Company l . . < • • • i ),aMic.hel~ Tr(po(li, ':R Notary Public, do hereby certify that Patrick K. Nails! and DiJXict ~ .• Fjn!<~lsteJn perso~ally known to me to be the fj~~ ~~~!!$ t,se n~me~ _are respectively as Secretary an~ Exe_o/utive ~~~, g~~Q~~t ~f ~h~ Arph Insurance Company, a oq;o~~~twey erg~u~ed and existing under the laws of tl1e State of Missouri( subscfri~~iici,tli~®"e~~g instrument, appeared before me ~ll!i~~ ih~rs~nd se;verally ,acknowledged that they being_ thereunt~. duly ~~cKjtedJ' \ealed ~ith the corpor~te seal and djlf~r~tg~sal !f)Sfrument as tne free and voluntary act of said corpora\Ion anl!! ~~[eg~,~ fr~ ~nd voluntary acts for tne uses and pjir;-p'5el§th<iein set forth) __ J._ ~ ~ ~ 3-!1l g : g g: g· 'f ti; {5 ! ~OHWEAl,;l'MQF~'Y\.Y~ ~ ~ g ;!' ~ ~ : g ~ o-"" =r ' NO'tARIAt. St.Al. ; g· ~ 5-,.... r;J=r 1 _ __ __.--) , MiQJW_'}ltlPQal ~h(Y,11ubtk I ! ,,,..---;r tlty t,t ~h~s '"~-~~ . (/ " 4 .i; \..../'. . l • ---·-------··-···--·-·------------··-----' ~~~E;q:i(n.JIJ~t~•-~01.1 --· ··--;:::~[ --· __ ---~ ~ _ f'"'M-. Michel Trip di, Notary Public; My com 1ission expires 07/3112021 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 24 2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ___ day of _____ , 20 __ . l\ . 4}_fpJ~i7 Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance -Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 54 of 63 Printed in U.S.A. June 15, 2021, Item #4Page 1 of2 (Use of City Labor and Materials Bond Form is Required) APPENDIXB LABOR AND MATERIALS BOND PUBLIC WORK (CALIFORNIA) KNOW ALL MEN BY THESE PRESENTS: Bond No. SU1145503 Premium included in Performance Bond WHEREAS, West Coast Arborists, Inc. , as Principal, has entered into a contract dated [uly 1st , 201.Q with the City of West Covina (Obligee) referred to and made a part hereof to perform the following work, to wit: Tree Trimming and Maintenance Services, which requires Principal to file this bond to secure claims made under Civil Code Section 3 082 et seq. NOW THEREFORE, we, West Coast Arborists, Inc. , as Principal, and Arch Insurance Company _____ , a corporation organized under the laws of Missour" and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of West Covina, as Obligee, and aJl sub-contractors, laborers, material, persons and other persons employed in the performance of the referenced agreement, in the sum of Two Million Four Hundred Twenty Five Thousand and No/100 Dollars ($ 2,425,000.00-----------------, lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub-contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the perfonnance of the work contracted to be done, or for any work or labor to persons named in Section 3181 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub-contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's foe to be taxed as costs in said suit and to be included in the judgment herein rendered. As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of /s'gf?tsed April 2020 39 West Coast Arborists, Inc. June 15, 2021, Item #4Page 2 of2 (Use of City Labor and Materials Bond Form is Required) claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Civil Code Section 3082 so as to give them a right of action in a suit on this bond. This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code of the State of California. IN WITNESS THEREOF, we have hereunto set our hands and seals this _2_n_d __ day of J~y .20_. (Corporate Seal) (Corporate Seal) APPROVED AS TO FORM: Isl Thomas P. Duarte City Attorney St~n1sed April 2020 West Coast Arborists, I -Principal By _____ ------+-1-" ___________ _ Patrick Mahoney President Title Arch Insurance Company -----''--------------Surety By __ <:7?-'------=.-_CT?_~----"'t:;=---~----"-._.~..__f-:_A..-y.,,--=-a,c=-..o!.-:t:....-c.., ____ _ Rosa E. Rivas Attorney-In-Fact Title (California Civil Code Sections 3248, 3225) 40 West Coast Arborists, Inc. June 15, 2021, Item #4CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE on 7/2/20 before me.Amelia Menzel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name({)@la~ subscribed to the within instrument and acknowledged to me that(fret,saeltl1eyexecuted the same~~ ~uthorized capacity(iesY,and that ~ignatu~on the instrument the person1>, or the entity upon behalf of which the perso~ted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------OPTIONAL---------------Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: City of West Covina Labor & Materials Bond Document Date: ___________________ Number of Pages: _____ _ Signer{s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): _____ _ □ Corporate Officer -Title(s): _____ _ D Partner -D Limited D General □ Partner -□ Limited □ General D Individual □ Attorney in Fact D Individual □ Attorney in Fact D Trustee □ Guardian or Conservator D Trustee □ Guardian or Conservator □Other: ____________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ -------------------------------------~;;;s;.;:,.™-,~--1;&.-i_~~.;.;:;;..;w.w;;.;::.:,;.a,:m~ ©2016 National Notary Assqciation • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 57 of 63 June 15, 2021, Item #4CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On JUL: 0 2: 2020 before me KD WapatoConrad. Notary Public, personally appeared Rosa E. Rivas who proved to me on the basis of satisfactory evidence to be the personfs} whose namefs} is/afe subscribed to the within instrument and acknowledged to me that t-le/she/they executed the same in ms/her/their authorized capacityfies}, and that by-Ri-s/her/tReu:-signaturefaj on the instrument the personfsj, or the entity upon behalf of which the personfs} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the ~:-..~ • lg~:f.~!g1~~~~~ l State of California that the foregoing paragraph is true and Notary Public • California ~ correct. Los Angeles County .. Comm. Ex ires Oct. 3, 2020 Signature--~~---------KD WapatoC Signature o 58 of 63 June 15, 2021, Item #4-4 ~~f~~~~ AIC 0000285005 -THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. _ . =-~ · _q~ ~iJ l;ney limits th: 1aot5;J ~~~:~mJLein, and the{iiav~ ~?_:.:\~i\i,i::nd the Com~ii::,~ ii~,:~ .. · manner and to the extent herein srated. 'Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest RaffI or Reslaential Value Guarantees. POWER OF ATTOR~~y . .: . Know Ali Person·~ By These PresentS'l: ·~ That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey {hereinafter referred to as the "Company") does hereby appoint: :o . .A-;~·~ri~~:~a E. Rivas of ttf; ~ j~*b~; 'h.,} _ ·.f, ,. . -; its true and lawful Attomey(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: •. ~A.ri/a~d,,~;;;;:tirdertakings, reet?~~c~ia~~-~t~;,_~ety obligations, int~~ ~£i~!t sy~ ;,~ Jxieeding . : 'N·frrety:~1ill(im ·ge,fafs ($90,000,000:~.: ;7. . .• . ·-'-. . ' 'r'. . ' ' I '·I. ' .. . . .. __ ..,.... ···~-·--. . ... ' This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. --~ tbe:~e,~n:_s>f ~l-J~h bonds, unqr_ rta_~-~~gtt. il';~~90_ ~~z~~~~),.and other sur~ty ?_ ~~ . : . in p~r~uimce of these PF.9~efits';~1a~_ir_:~e-~~~ ~ ~ ~\~;. · ~i~_ing ap_gn =fh&~id Company a~.-!~~lli~~anj~/3~1 ;, ~ll intents and ·-pur:p_-o~, -~-i~.Jh~ ~same had been d~IY{;~~u~~j ~~~ ;=-;, -t/ .. ac~tedged by Its regularly electe~~ceris.,hts t~i 'I administrative o~,im:Jer~y City, New Jersey. ~~J ·= · .. '. ~ !• • .•• t .. __ ,._ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned ... ~e~~tary~ijQin'9.Jnfullforceandeffec_t: ·,-=--, --~ ..:-_~-.; ,.,,... !,1 ,1•. ,,•i:1!i;·t1 \-i-, ., .. _ ;;;.·· ._ '~ -~_.\;:," ~-~ :--= -:. ;:~-~ . -.:_. .. ' '"< . ' ''¥\ i."r ':tti ·:if'( rr~· i -~~-: ~ -~...=-· :~ ~, ' ~~~~;'V.f.J»: lJJlru~~Chairman of the-~~-~f! ~e${iert( 0i" the Executive 0,~~ 1P·r~,ti,d,~,t, ~~ a~f Senior Vice Presid~5"of .. r~~ ._,. __ M-Busfness Division, or their appointeeS'"'Uesignated in writing and filed with the tecretary, or the Secretary shall have""the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and _ ?th~r sureJx_O~ij~Ons obligatory in th_e nature thr~qfij:~r;!.~ any such officers ?f_the f~m,8f-1!1}"~~~ appoint agents for _a~c~p,J~nc~~~f ~~,~ ,~: .-... ~~~ey is signed, ~l~rnJJ~JLimile under\~~~ 1~~~:iowing resoluUO I~~ unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, ~ "~~tt!ll~~~. D~v~:~:¾\1:.~i:=r~·;:::.:~,;'~1~ :S$r~~•; ~~11.i ~~!:~; ;:.~:= , 1: ';I-':,: 1·.•J\ii;~il Ri:#siihl,ito the resolutioii, li&pte:<J),y thij l of Directors on ~l<llli\b$is: 201~,'hnd any such pi,_w.ff,'~ ~t~i/,; · .... sealed and certified with respect to any bond or undertaking to whic~ it is attached, shall continue to be valid and binding upon the Company. :=-.:._. -=-,.. • .,:·.;,i ... ;:. .=·~.:.a ·a.,_ ;.<s . ,; l-·. -~>-i·-~-. ' .. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. June 15, 2021, Item #4AIC 0000285005 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 24th day of J!d.!y, 20N. Attested and Certified Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I •• . ,. .• • . . • I CERTIFICATION Arch Insurance Company David M. FinRelstein, Executive Vice President I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that tt,e attached Power of Attorney dated July 24. 2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate: and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vrce President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ___ day of_____ , 20 __ . This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance -Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 Page 2 of 2: Printed in U.S.A. June 15, 2021, Item #4EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 61 of 63 (1 )Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period 13 June 15, 2021, Item #4prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receIvIng unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 62 of 63 (1 )The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 June 15, 2021, Item #4days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543. 5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 63 of 63