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HomeMy WebLinkAbout23B123 - WEST COAST ARBORIST, INC.CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: Submitted on: By: Contract Abstract Form Rev 5.3.2023 Citywide Tree Trimming Services Isaac Garza igarza@wcainc.com citywide tree trimming services $4,298,540 October 1, 2023 through September 30, 2026 Yes WEST COAST ARBORISTS, INC. Maintenance & Facilities Heather MacPherson 23B123 N/A Yes Yes Yes N/A Yes 5/31/2023 Brian Sotak-Rossman No DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 June 29, 2023 Revised 4.13.23 Page 1 of 44 CONTRACT SERVICES AGREEMENT 23B123 CITYWIDE TREE TRIMMING SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _________________, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and WEST COAST ARBORISTS, INC., a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”. RECITALS A. City requires the services of a licensed and qualified firm to provide citywide tree trimming services, (“Project”). B. Contractor has submitted to City a proposal to provide citywide tree trimming services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Contractor for the Project. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 June 29, 2023 Revised 4.13.23 Page 2 of 44 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $4,298,540.00. 3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. 3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 3 of 44 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on October 1, 2023, and ending on September 30, 2026, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 4 of 44 Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Patrick Mahoney (name), President (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 5 of 44 5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor. Name: Title: Patrick Mahoney President 5.6 California Labor Code Requirements. A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. 6. INSURANCE Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 6 of 44 Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. 8. RECORDS AND REPORTS 8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 7 of 44 of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 8 of 44 shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 9 of 44 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Contractor: West Coast Arborists, Inc. Attention: Patrick Mahoney 43712 Jackson Street Indio, CA 92201 11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 10 of 44 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 11 of 44 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND WEST COAST ARBORISTS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: _______ Item No. APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 6/26/2023 6/26/2023 6/29/2023 05/29/2023 1:S Revised 4.13.23 Page 12 of 44 EXHIBIT “A” SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 13 of 44 1.1 Scope: A. The contractor is responsible for providing all labor, expertise, materials, and equipment required for citywide tree trimming services on an as-needed basis. The scope of work includes, but is not limited to, the following: tree trimming, tree removal, stump grinding, tree planting, watering of young trees, maintenance of tree basins, repair of irrigation systems damaged during pruning, planting of trees, establishment of grass seed, grading and preparation of parkway areas for seeding and tree installation, identification of utility locations, traffic control, notification of customers by mail, entry of data into and maintenance of the web-based tree inventory and work history tracking system. Furthermore, the contractor must report any conditions that could pose a threat to the public or result in a poor aesthetic, such as low or hanging limbs, blocked traffic control devices or signage, and dead, dying, or structurally deficient trees to the Contract Officer or designated representative. The city is responsible for providing the water utilized for the services under the agreement. B. All work performed by Contractor shall comply with good arboreal practice for the species of trees being trimmed, shall be consistent with the Trimming Standards as adopted by the International Society of Arboriculture, and/or “Pruning Landscape Trees” by U.C. Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the most current American National Standards, Z133-1-1972, entitled “Safety Requirements for Tree Pruning, Trimming, Repair or Removal,” published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. Contractor shall complete all work to the satisfaction of and under the supervision of the Contract Officer or designated representative. C. Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, American National Standards Institute criteria and the standards and requirements described herein in providing tree services to ensure that trees in City receive the best possible care that results in a neat, clean, and attractive appearance to trees and associated sites serviced under the terms of the Agreement. The City’s designated representative shall determine if the Contractor has met all trimming requirements, and payment shall not be made by City for trimming that is not in accordance with the above standards. D. Contractor shall provide service that ensures the safety of employees and the public while minimizing inconvenience to the public and disruption of traffic while working in City. E. Contractor shall endeavor to maintain good public relations at its worksites and shall conduct its work in a manner which will cause the least possible interference with, or annoyance to, the public. F. Contractor shall comply with Contractor’s Quality Control Plan, as approved by the Contract Officer, throughout the term of the Agreement. The Quality Control Plan shall provide City with an effective and efficient means of identifying and correcting problems throughout the entire scope of services. G. Contractor shall comply with Contractor’s Safety Manual that meets SB 198 requirements for injury and illness prevention. H. Contractor shall maintain a local office staffed by a representative during regular work hours, which is defined as Monday through Friday from 7:00 a.m. to 4:00 p.m. (excluding holidays). Such representative shall be authorized to discuss matters pertaining to the Agreement. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 14 of 44 I. Upon commencement of the Agreement, Contractor shall provide a list of emergency numbers for afterhours work to the Contract Officer. “After hours work” shall be defined as work performed outside regular work hours. Contractor shall have a tree service supervisor available by telephone on a 24-hour basis who is assigned to provide prompt attention to requests from City for emergency and after-hours tree service requests. The response time for emergency and after- hours work requests shall not be greater than one (1) hour. Contractor shall deal with any tree related emergency ranging from limbs down on single trees to storm related damage to many trees requiring the commitment and focus of significant resources and manpower for several days. Contractor shall be required to provide all necessary traffic control during emergency work. Should the work involve any high voltage power lines or any utility lines the contractor shall be required to notify the responsible utility company. Failure to respond to tree emergency and after- hours work requests within the specified time limits shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”. J. Staff Qualifications/Appearance: All persons performing tree work on City trees shall be trained according to tree care standards accepted by the International Society of Arboriculture. i. Contractor shall employ personnel qualified by reason of education, training, and experience to perform the services specified in this Agreement. ii. Any person employed under this Agreement who fails or refuses to carry out the directions set forth under this Agreement or in the opinion of the Contract Officer is incompetent, disorderly; or uses threatening or abusive language or is otherwise unsatisfactory while performing work under the Agreement, shall be immediately removed from performing work under this Agreement and shall not again perform services under the Agreement except by written consent of the Contract Officer. iii. Contractor shall staff each project work site with a Supervisor who holds a current ISA (International Society of Arboriculture) Certified Arborist credential. All worksite supervisors employed by Contractor shall be fluent in written and spoken English and possess adequate technical background to ensure that all work is accomplished with the special provisions of this contract. iv. All Contractor personnel engaged in the actual trimming of City trees shall hold, at minimum, a current ISA Certified Tree Worker credential. All other personnel (e.g., ground workers, traffic control staff) shall have received sufficient training so as to be capable of performing their functions in a safe and proficient manner. v. Contractor’s employees shall have: a) Proper licenses to operate equipment. b) Ability to operate and maintain equipment in accordance with manufacturer recommendations. c) Mechanical ability to make required operator adjustments to the equipment being used. d) Knowledge of safety regulations as they relate to tree care and traffic control. e) American Red Cross Standard First Aid Certification (minimum of one member of each crew). DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 15 of 44 f) Ability to communicate orally and in writing in English. g) Knowledge of tree care and related operations vi. Contractor shall provide a standard uniform for its personnel consisting of at least a collar shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform. Contractor employees shall appear neat and well-groomed. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. Contractor employees shall wear orange safety vests when operating machinery or/or while working within five hundred (500) feet of moving traffic or such other distance required by any applicable laws. Violations of uniform and/or safety apparel requirements shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages.” K. Notification: i. Prior to beginning the work, Contractor shall review with the City’s designated representative the various methods, tools and work scheduling to be used on the trees to be trimmed or removed. ii. At least seven (7) working days prior to the commencement of any non-emergency work at any tree site, Contractor shall, by mailing, notice the occupant(s) of that property of the type of work that shall be performed and the anticipated time frame during which the work shall be performed. iii. At least seventy-two hours (72) in advance of work, Contractor shall supply and post standardized signage next to the trunk of the tree at the site work at which work is to be performed, with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using material that does not cause damage to the tree. In the event that a tree trunk is not available for posting, Contractor shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding. iv. The use of door hangers and/or door knocking may be authorized by the Contract Officer. All notifications must be mailed. v. Beginning non-emergency work without notification shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”. vi. Postings shall not be left in place once work has been completed. Leaving postings on trees once work has been completed shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”. vii. The routine watering of young trees shall be exempt from this notification and posting standards. L. Traffic Control: i. At no time shall Contractor commence or carry on with work that presents a hazard to pedestrians or vehicular traffic. ii. Prior to the commencement of, and for the duration of, any work in any area, Contractor shall be responsible for traffic control and safety regulations as related DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 16 of 44 to any city, state or county requirements while working on streets, highways, medians and/or roadside strips. The design and operation of work zone traffic controls must comply with US Department of Transportation/Federal Highway Administrative guidelines. All operations shall be conducted by Contractor to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook. iii. Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic. iv. Contractor shall be responsible for the placement of “Sidewalk Closed” signage at the perimeter of any sidewalk or pathway that leads pedestrian traffic into the work zone. v. Any operation that results in a blockage of, or produces debris which could enter, vehicular traffic zones will require the use of a flag person equipped with, and using, a SLOW/STOP traffic paddle. Work in two-way traffic zones will require the use of two (2) flag persons. The placement of a traffic paddle into a safety cone shall not be considered a substitute for the required flag person(s). vi. Where Contractor’s work is in progress, each street shall always remain open to local traffic unless prior arrangements have been made and approved by the Contract Officer or designated representative and City’s Engineering Services Department. vii. Violations of traffic control standards defined herein shall be subject to the penalties described in Section 4-3 “Liquidated Damages”. M. Wildlife protection: i. Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of nests or wildlife of any type. ii. Contractor shall cease work in a tree if a nest is found and is determined to be active, unless given written permission by the Contract Officer or designated representative. iii. At no time shall any nest or wildlife be moved from its location. iv. If wildlife is accidentally displaced and needs assistance, Contractor shall notify the Contract Officer. N. Pre-inspection: i. Prior to the commencement of any work in the vicinity of any tree, Contractor shall identify the location of utilities, irrigation components and/or any private property element(s) that could be compromised by any work activity. If identified, Contractor shall take appropriate action to protect same. ii. If, during pre-inspection, Contractor identifies damage to private property or City property that exists before the onset of work, Contractor shall digitally photo- document and report such damage to the Contract Officer prior to commencing work in that area. Digital photo documentation shall be time and date embedded. Any claim of damage that cannot be refuted by photo-documentation and log of report to the Contract Officer shall be considered the responsibility of Contractor. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 17 of 44 O. Utility Operation: Contractor shall adjust work schedules when utility operations prevent maintenance during a specified time frame. No additional compensation shall be allowed for complying with these requirements. P. Work in the vicinity of aerial utilities: All persons performing tree work on City trees in, or around primary electrical lines shall be trained to do so according to the “Electrical Safety Orders” of the State of California, including all amendments and revisions. Q. Setup, Operations, Equipment Staging: i. Contractor shall setup, operate and stage in a manner that presents the least amount of disruption to residents, businesses, the public, and traffic flow. ii. Outside of an emergency, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. iii. Equipment shall never be stored or left unattended on a public street, City facility or private property. iv. The staging of equipment shall be bound by the work hour restrictions defined herein. R. Identification and reporting of hazards: While performing work of any type, the tree worker should inspect for any obvious hazards related to trees. All hazardous situations should be corrected or promptly reported to City. Any defective or weakened trees shall be reported to the Contract Officer or designated representative. S. Work Site Conditions: The work area shall be always kept safe until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs or other debris be allowed to pose a hazard to the public. T. Access to Private Property: No employee of Contractor shall enter a fenced or otherwise secured area of private property without the consent of the property owner. U. Site Cleanup: i. Contractor shall remove branches, limbs, logs, or any other debris resulting from any tree operations and clean the work site and all areas associated with the work site promptly upon completion of each task. ii. Contractor shall endeavor to prevent spillage on streets over which work, or hauling is done, and any such spillage or debris deposited on street due to Contractor operations shall be immediately cleaned up. iii. During trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated. iv. Contractor shall cease work immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). v. Rights of way shall not be used to stage unattended debris generated during regular work hours. vi. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches. vii. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 18 of 44 viii. No material is to be allowed to enter any storm drain. ix. Debris staged in parkway(s) due to a nighttime emergency response shall be clearly coned off and emergency taped off and shall be cleaned up in conformance with these specifications prior to 10:00 am the first business day after the emergency call out occurred. x. If the volume of debris from a nighttime emergency exceeds the storage capacity of the parkway(s), Contractor shall make arrangements to remove the debris immediately. xi. Debris shall not be stored unattended in any portion of a traffic lane at night. xii. All debris generated by Contractor in the performance of work shall become the property of Contractor after the time of site clean-up. Contractor shall dispose of all generated debris at no additional cost to City and shall dispose of debris as is consistent with the requirements of AB 939. xiii. Failure to comply with site cleanup requirements shall subject Contractor to the penalties described in Section 4-3 “Liquidated Damages”. V. Green Waste Disposal: i. Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, woodchips, and other garden organic materials. ii. Contractor shall be responsible for recycling all green waste generated from their contract performance. iii. Contractor shall have the duty to keep all green waste from being contaminated to an extent it no longer can be recycled. iv. Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of recycling. Approved reclamation sites are: V.iv.1 California Valley Compost Facility – 87011 Landfill Road, Coachella V.iv.2 So Cal Recycling – 29250 Rio Del Sol, Thousand Palms v. Contractor shall submit a monthly report identifying the weight and/or volume of green waste recycled during the preceding month. Payment of maintenance invoice will not be made until green waste monthly report is completed and received by the City. vi. All debris resulting from any of the Contractor’s operations shall be removed and disposed of legally at the Contractor’s expense. No debris will be allowed to remain at the end of the workday. (Failure to remove and dispose of debris shall result in a liquidated damages charge in accordance with Section 4-3.) vii. All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations. (Failure to separate and dispose of debris appropriately shall result in a liquidated damages charge in accordance with Section 4-3.) W. Protecting the integrity and value of the urban forest. If, at any time, Contractor is unclear on what course of action to follow in the field, Contractor shall consult with the Contract Officer. Contractor shall never take an action that will result in the permanent disfigurement of structures or trees. Disfigurement of trees/structures shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages”. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 19 of 44 X. Working Hours: Contractor’s regular work hours shall be limited to the hours between 7:00AM and 4:00 PM Monday through Friday, excluding recognized holidays. Deviation from regular work hours in Normal Work Zones, shall not be allowed without prior written consent of the Contract Officer. Night work may be authorized for services provided along major arterial streets and/or within the City’s Downtown/Uptown Business District, upon approval of the Contract Officer. Y. Night Work: i. When working at night Contractor shall provide adequate lighting which allows for safe and proper performance of work, as well as inspection of same. ii. While working at night, Contractor shall minimize the impact of noise upon neighbors. iii. Contractor shall not use chainsaws for work performed at night unless it is an emergency. Z. Contractor’s Equipment: i. All equipment used and all maintenance practices employed shall be subject to the inspection of the Contract Officer or designated representative and shall meet safety and functional requirements. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be in good repair and show no sign of fraying. No equipment shall present any potential danger to the operator, co- workers, passing motorists or pedestrians. Failure to comply with this provision shall be caused to have the equipment removed from the job site. ii. Contractor shall maintain a sufficient inventory of equipment to complete work as specified. An inventory of Contractor’s equipment shall be provided to the Contract Officer. This inventory shall include the brand name, model number, weight, and capacities of all equipment to be used in the performance of the Agreement. All equipment shall be approved by City prior to commencement of services. iii. Contractor shall notify the Contract Officer or designated representative of any change in the equipment inventory during the performance of the Agreement. This notification shall be in the form of an updated equipment inventory list, presented in the form of a memorandum on dated company letterhead. When provided and approved by the City, it shall be made a part of this Agreement as if fully set forth herein and shall replace the previous inventory list. Failure to comply with this provision will be grounds to remove Contractor from the job site until such time as equipment inventory discrepancies are addressed to be compliant with the inventory list approved by City. iv. Contractor shall not park or store equipment or materials overnight at any City work site. v. All Contractor vehicles and equipment operating under this Agreement shall be clearly marked with Contractor’s identification. vi. Contractor shall make annual submissions of current OSHA certification of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of the Agreement. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 20 of 44 AA. Authority and Inspections: The Contract Officer’s authorized representatives shall always have access to the work site and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and character of materials used in the work. Whenever Contractor varies the period during which work is carried out, Contractor shall give due notice to the Contract Officer so that property access for inspection may be provided. Contractor shall comply with any instructions given by the Contract Officer upon inspection of the work. BB. Inspection of work: City’s staff shall inspect work during the performance of work or when deemed necessary. Any work found not to be acceptable will be noted in writing and shall be subject to the penalty provisions and schedule set forth in Section 4-3 “Liquidated Damages”. CC. Work Deficiencies: i. City shall notify Contractor in writing of any deficiencies in work. Contractor shall make a reasonable and good faith effort to correct the deficiencies within a reasonable period not to exceed three (3) days from notification. After this time period, if unacceptable conditions still exist, City has the right to terminate the Agreement or deduct payment as is proportionately appropriate for non- compliance with the specified provisions of the Agreement. ii. All work which City determines is defective or deficient shall be removed and replaced by Contractor in a manner acceptable to City at Contractor’s own expense. iii. If any portion of the work performed under the Agreement proves defective or not in accordance with the specifications, and the deficiency, as determined by City, does not make the work dangerous or undesirable, the Contract Officer shall have the right and authority to retain the work, but may make deductions in the payment due Contractor as is proportionately appropriate for the deficiency. iv. Contractor’s quality of work for all trimming of trees shall be such that if a tree has been trimmed within the last 24 months, and there is an issue such as limb drop, dead branches, etc., Contractor will respond as directed by the City’s designated representative (whether emergency or standard response) at Contractor’s own expense. DD. Risk Management: i. Tree work is a controlled task. At no time shall Contractor perform work in a manner so as to result in a loss of control incident (e.g. free-falling large limbs or trunk sections, hinge cutting to avoid use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). ii. Failure to maintain such controls shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages”. In addition to such penalties, Contractor shall be responsible for the mitigation of any damage related to a loss of control incident at Contractor’s sole cost and expense. EE. Accidents, Injuries: i. Contractor shall conduct all work outlined in the Scope of Services in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all City County, State or other DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 21 of 44 legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all persons, including Contractor employees, agents of City, vendors, members of the public or others from injury or damage to their property. ii. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property including a complete written report to the Contract Officer within 24 hours following the incident. FF. Property Damage: i. Should any structure or property be damaged during tree operations, Contractor shall immediately notify City and owners or authorities. ii. Repairs to property damaged by Contractor shall be made within forty-eight (48) hours. iii. In the event of damage to utility lines, Contractor shall report the damages to utility and plan for the utility to make repairs. iv. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by City. v. Any damage caused by Contractor shall be repaired or restored at Contractor’s expense to a condition similar or equal to that existing before such damage, or Contractor shall repair such damage in a manner acceptable to the Contract Officer. vi. Contractor shall repair any damage as directed by City that Contractor incurs to sprinkler systems in City parkways within 24 hours to minimize damage to affected landscaped areas. vii. Contractor shall notify the Contract Officer immediately of any utility that is disturbed or damaged. GG. Insecticides, Herbicides, Fungicides: At no time shall Contractor use, store or transport any insecticide, herbicide, or fungicide in the City without the prior written consent of the Contract Officer. Violation of this chemical use policy will be subject to penalties as described in Section 4-3 “Liquidated Damages,” and can result in the termination of the Agreement. HH. Gasoline Powered Blowers: The use of gasoline powered blowers (handheld, backpack) is always prohibited within City. Violation of this policy shall subject Contractor to penalties as described in Section 4-3 “Liquidated Damages”. 1.2 Tree Inventory System: 1. Overview A. The Contractor is responsible for providing a web-based system tree inventory system for the City to maintain an accurate tree inventory. The system should include field data collection, data entry, access to the web application, optional import of existing Excel-based inventory, training of City employees on the use of the application, and support. B. The Contractor, at the city's direction, will provide the city with a tree inventory collected by an ISA certified arborist using a Global Positioning System (GPS). The DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 22 of 44 inventory will include coordinates for all trees in public spaces, such as City-owned and/or maintained properties, parks, rights-of-way, assessment districts, and facilities. The tree inventory will map the next 3 to 5 years of maintenance and planting for the city. The inventory will also link address information directly to a Geographical Information System (GIS). The collector will identify trees by their global coordinates of longitude and latitude. By using the GPS system, the city can consolidate the tree data with other various GPS coded programs. Upon completion of the project, the city will receive a complete listing of all inventoried sites in both hard copy and software formats, enabling them to connect the inventory to the city's GIS program and create various reports. C. Tree inventory program must include a mobile version of the application for field use. All data must reflect live data as it exists in the tree inventory program. The functionality of the mobile application includes the following minimum requirements: 1. Mobile application must be compatible with Android and IOS systems 2. Mobile application must be usable for precision mobility view as user moves through canopied areas. 3. Mobile application must include multiple layering feature including aerial imagery and street names. 4. Mobile application must display tree icons based on precise GPS coordinates. 5. Mobile application must be able to illustrate live work history records. 6. Mobile application must allow a function that permits live data updates. 7. Mobile application must be updated as new work records are modified. D. The GPS tree inventory shall be created using the City’s standardized addressing system for all parks and open spaces. Contractor shall be required to create an ESRI ArcView/ArcGIS compatible “shape file”. The new inventory shall be capable of showing location of every existing tree site and vacancies on the City’s existing GIS base maps (streets, parcels, addresses, rights-of-way, and hardscape, etc.) the tree inventory shall be updated by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of Arc View. Minimum accuracy shall not be more than one (1) submeter. E. The system should maintain information about the tree population, including the species, height, diameter, work history, and planting location of each tree. In addition, the program should track the value of each tree to generate estimates of the monetary value of the urban forest, recycling reports, live job balance, and contractor equipment GPS location monitoring. F. The Contractor is responsible for all aspects of the tree inventory system. This includes data entry, system maintenance, hardware and software upgrades, server cyber security, backup and restore and disaster recovery procedures as may be requested by the City. G. The system needs to be able to interface with common software and web-based applications, such as ArcView/ArcGIS. Additionally, it should be capable of exporting data into popular spreadsheet applications. H. The City will be provided with access credentials (login and password) to the system, which will be available 24/7 except during maintenance periods. The contractor shall provide complete support rapidly with experienced staff available to the City during DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 23 of 44 the hours of 7:00AM to 3:30PM Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City’s location in a timely manner. I. The Contractor's system must generate detailed reports sorted by tree to support invoice charges. This information must be included with every invoice and be available for review on the web-based tree inventory system prior to invoice submission. Invoices that do not meet these requirements will not be processed for payment until the requirements are met. J. The Contractor's system must be able to produce detailed listings of tree and site information, work histories, service requests, summary reports, and pictures of City tree species. K. The contractor shall provide the City with recommendations for tree care, recommended planting locations, and recommended removals. Attributes to be collected by field personnel may include Address, Street, Facility, Species, Diameter, Condition, Height, recommended tree care, overhead utilities and parkway size and type. 2. Required Data Collection A. Data points (attributes) to be collected by field personnel may include, but not limited to: 1. Tree Number 2. Street 3. Location by Address 4. Location by GIS (ESRI ArcView/Arc GIS compatible “shape file”) 5. Species by botanical name and common name 6. Tree Diameter 7. Tree height 8. Tree Condition 9. Tree dollar value 10. Recommended tree care 11. Existing overhead utilities 12. Parkway Size 13. Parkway Type B. Records must include: 1. Tree Location: a) The inventory shall be capable of showing the location of every existing tree site and vacant tree site on the City’s existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.). b) The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 24 of 44 latest version of ArcView. The location shall be stated within one (1) foot minimum accuracy. c) Contractor shall indicate whether such tree is located within designated historic district or is a Specimen or Heritage Tree. d) Contractor shall update the tree inventory daily, as conditions require (e.g., tree removed, tree planted, etc.). The City shall always have access to updated data. 2. Measurement of Canopy Spread: a) As a part of the data collection process, Contractor shall measure the canopy spread of each tree using either a laser rangefinder or a Roll-a- Tape, to the nearest foot, using a pre-established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City. 3. Other Metrics: a) General condition of individual trees. b) Trimming requirements (i.e., recommended trimming cycle) c) Condition of surrounding hardscape (i.e. displacement, recent repairs) d) Changes in baseline data (such as height and DBH), and record the date, cost, and crew identity for any trimming, removal, planting, or emergency response work performed at any tree site. e) The system must be able to maintain and display the work histories of all tree sites in the inventory, both individually and collectively through queries, for both past and future events. f) As unit pricing for this contract is on based on diameter-breast-height (DBH) of the tree trunk, Contractor shall provide photo documentation of each tree that is pruned or removed, showing the measurement of diameter breast height of the tree trunk prior to its pruning or removal (in the context of the worker standing next to the tree), confirming the unit price for the invoice payment for such work. 3. Pruning Specifications: The following Section contains descriptions and technical specifications for the detailed services and materials which will be necessary to provide services under this Agreement. The following specifications shall be adhered to regardless of tree being serviced and/or the type of service being performed including, but not limited to, tree pruning, tree removal, stump grinding, tree planting, tree watering, repairs or record keeping related to any tree activity. 1. Hardwood Trees. The criterion for pruning varies based on the type or purpose of pruning. a) Full Prune: A full prune is necessary when conditions within the crown of a hardwood tree are such that the entire tree needs to be pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure and includes safety pruning. Full pruning should consist of one or more of the following pruning types: DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 25 of 44 b) Crown Cleaning, or cleaning out, is the process of removing dead, diseased, crowded, weakly attached, and low-vigor branches, as well as water sprouts from the entirety of the tree crown. Care must be taken to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing," disrupts the structural integrity of the tree, making it more susceptible to limb and branch failure, especially during high winds. c) Crown Thinning is a tree maintenance technique that involves crown cleaning and the selective removal of branches. Its purpose is to increase light penetration and air movement into and through the crown, which stimulates and maintains interior foliage, improves branch taper and strength, and reduces the wind-sail effect of the crown and the weight of heavy limbs. However, care must be taken to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown can emphasize the structural beauty of trunk and branches, as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, no more than one-fourth of the live foliage should be removed. d) Crown Reduction is a technique used to decrease the height and/or spread of a tree. Unlike topping, which involves indiscriminate cutting resulting in large, stubbed-off limbs that are prone to decay, crown reduction is more selective. When reducing a crown, tree workers must follow basic pruning practices, including proper limb/branch size relationships and use of the branch bark collar, to avoid decay at the cut sites. e) Crown Restoration is a corrective pruning technique used to restore the form of crowns that have been previously damaged by storms or poor pruning practices. This treatment is best performed by tree workers who have a good understanding of the effects of pruning on the development of tree crowns. f) Crown Raising/Safety Prune: A Crown Raising or Safety Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or safety prune does not involve the detail of work found in a full prune. Crown raising or safety pruning may consist of one or more of the following pruning types: g) Crown Raising involves removing the lower branches of a tree to provide clearance for buildings, vehicles, and pedestrians. To ensure a well-formed, tapered structure and to uniformly distribute stress within the tree, it's important that at least half of its foliage be on branches originating in the lower two-thirds of its crown. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 26 of 44 h) Safety Pruning is used to eliminate potentially hazardous limbs (dead or dying) from the crown of a hardwood tree when a full pruning of the tree is not necessary. Safety pruning does not involve the detailed work described as a "full prune". 2. Specifications for hardwood tree pruning: the specifications for the pruning of hardwood trees are as follows. Consult with the Contract Officer before making any cut that would result in permanent disfigurement of the structure of a tree. a) Trees shall be pruned to prevent branch and foliage interference with safe public passage. Over-street clearance shall be kept to a minimum of seventeen (17) feet above the paved surface of the street and fourteen (14) feet above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, Contractor shall not prune the tree until such time as direction is obtained from the Contract Officer. b) When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. c) When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. d) Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be penalized as described in Section 4-3 “Liquidated Damages”. e) All final tree pruning cuts shall be made in such a manner to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed. f) All dead and dying branches and branch stubs that are one-half (1/2) inch diameter or larger shall be removed. g) All broken or loose branches shall be removed. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 27 of 44 h) Those branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed. i) When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the limb to reduce end weight and thus decrease the likelihood of limb failure. j) Selectively prune branches that create sight line conflicts with traffic control signs and/or devices. k) Selectively prune branches that are within five (5) feet of a structure. l) Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. m) Prune to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the Contract Officer to do otherwise. n) Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees. o) Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. p) 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. q) All major pest problems shall be promptly reported to City. r) All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un-abrasive wood surface and secure bark remaining intact. s) All trees six (6) inches in diameter or less shall be pruned with hand tools only. t) Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease/decay problems. u) Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 28 of 44 v) The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by City to aid in the safety of climbers performing the removal of a tree. w) Gas powered chainsaws shall only be used for emergency situations; pruning cuts over 4” in diameter and tree removals unless permission is granted, in writing, by the Contract Officer. C. General trimming and shaping of conifers: 1. Conifers shall typically be trimmed in late winter or early spring. Typically, up to 30% of the live foliage may be removed unless directed otherwise by the City’s designated representative. 2. Contractor shall avoid damaging the central leader on all conifers. In specific cases the City’s designated representative may direct the Contractor to remove the central leader in an effort to limit the height of specific trees. 3. At the time of trimming, the City’s designated representative shall determine which trees shall have the new growth pinched back to control canopy size. 4. To control the growth of large, mature conifers Contractor shall be required to prune the new growth of lateral limbs. 5. Typical trimming of conifers shall consist of removing crossed limbs, deadwood, or unwanted branches from the interior of the canopy. D. Trimming Specifications for Palm Trees: Palm tree trimming involves maintaining the crowns and trunks of palm trees. This includes trimming spent or declining fronds, seed pods, and shaping spent petiole bases into a ball or nut, as applicable to the type of palm. The specifications for trimming palm trees are as follows: A. While making an approach to the palm crown for trimming, the Contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality. Upon finding any condition suggestive of a structural abnormality of the palm stem, the Contractor shall report to the City’s designated representative immediately. B. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree. At no time shall a chainsaw be used to prune any frond from any palm tree. The use of chainsaws to prune any frond from any palm tree will result in the penalties described in Section 4-3 “Liquidated Damages”. Live, DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 29 of 44 healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball or nut, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond trimming. C. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any palm tree in City. Failure to adhere to this standard will result in the penalties described in Section 4-3 “Liquidated Damages”. Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with, can cause staining to, hardscape elements. Contractor shall be responsible for removing palm fruit related stains from property hardscape elements. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 1. Canary Island Date Palm (Phoenix canariensis): The spent petiole bases of this palm shall be formed into an ornamental ball that provides a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance, extending no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper in, as this defeats the support capacity of the ball and results in a “pineapple” appearance. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and gradually taper upwards until it reaches the periphery of the shaped ornamental ball. Although chainsaws are forbidden for pruning fronds, fruit, and flowers from any palm tree in the City, Contractors may use a chainsaw to form and/or shape the ornamental ball of a Canary Island Date Palm. The use of sharpened shovels in shaping and maintaining ornamental balls often results in flat, untapered bottoms, which can relax and collapse into pedestrian and vehicular traffic zones with grave consequences. Contractors must exercise care not to cut into live trunk tissue while maintaining the ornamental ball. Any foreign plant material that has sprouted in an ornamental ball must be removed. Contractors must verify that the ornamental ball meets the standards described herein each time a Canary Island Date Palm is pruned. 2. Date Palm (Phoenix dactylifera): The spent petiole bases are left to form a supportive "nut" below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the nut does not require ornate shaping. Instead, the spent petiole bases are left uniformly long to form the nut, which should extend no less than 4 and no more than 6 feet below the lowest live frond in the crown. While the use of chainsaws for pruning fronds, fruit, and flowers DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 30 of 44 from any palm tree in the City is forbidden, the Contractor may use a chainsaw to shape and/or form the nut of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The Contractor should take care not to cut into live trunk tissue while maintaining the nut. The Contractor should verify that the nut meets the standard described herein each time a Date Palm Island Date Palm is pruned. 3. Queen Palm (Syagrus romanzoffianum): When servicing the crown of a Queen Palm, remove loose petiole bases. However, leave undamaged any petiole bases that are attached to live trunk tissue. 4. King Palm (Archontophoenix cunninghamiana): when servicing the crown of a King Palm, remove any loose petiole bases. However, leave intact any petiole bases that are attached to live trunk tissue. 5. Mexican Fan Palm (Washingtonia robusta): the spent petiole bases should be left uniformly long to form a base that shall not extend more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall clean the trunk area below the base without damaging the live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is trimmed. 6. California Fan Palm (Washingtonia filifera) shall not have fronds removed and shall retain their "skirts", with their trunks left in their natural condition. Fronds should be sheared to provide a minimum clearance of 12 inches, and fronds at the bottom of the skirt should be sheared to maintain a clean appearance. Fruit pods should be removed. 4. Tree Removal: Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system by grinding. Specifications for tree removal are as follows: a) Contractor shall comply with all general specifications’ standards described herein. b) The diameter price given by Contractor for tree removals shall be inclusive of all staff, materials, and equipment necessary to remove trees as described herein. c) As stated previously herein, Contractor shall identify the location of all utilities and landscape irrigation components prior to the removal of a tree and its root system. Contractor shall notify the Contract Officer or designated representative, in writing, of any condition that prevents the removal of a tree and/or the grinding of its root system. Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 31 of 44 d) Contractor shall comply with wildlife protection standards described in these specifications. e) Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the Contract Officer for assistance. The errant removal of trees shall be penalized as is described in Section 4-3 “Liquidated Damages”. f) During a tree removal, Contractor shall always maintain control of the tree and its parts, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Loss of control incidents shall be penalized as is described in Section 4-3 “Liquidated Damages”. g) Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in City. Crane operators shall be certified by Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in City. The use of cranes and certified operators shall not result in additional charges to City and is part of the unit price set forth in the Bid Schedule for the specific service. h) While loading and handling debris, Contractor shall always maintain control so as not to result in damage to the public rights or way or private property. In addition, Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property. i) Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chip shall not be used as a backfill material. j) Clean up after a tree removal and/or stump grinding shall include the repair of any barren areas or divots created during the tree removal by filling with topsoil and seeding with a fescue turfgrass seed. Seed shall be covered by a one quarter (1/4) inch topdressing of well decomposed organic fines. This is part of the unit price provided for the service and no additional compensation is provided. k) Contractor shall be responsible for the repair of any irrigation system components damaged during a tree removal or stump grinding. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 32 of 44 Repairs shall be made using components matching those that were damaged. l) Contractor shall inspect for, and correct, any settling that has occurred at any tree removal site for a period of no less than six (6) months after the tree removal/stump grinding has been completed. Correction is defined to include the restoration of a smooth and even grade to the parkway and the seeding and topdressing of barren areas related to the tree removal site as specified previously herein. 5. Tree Planting: Tree planting consists of the installation of nursery stock container or palm trees supplied by Contractor. Specifications for tree planting are as follows: a) Contractor shall comply with all general specifications’ standards described herein. b) Contractor shall identify the location of all utilities and landscape irrigation components prior to the planting of any tree. Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being planted. Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. c) Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected. d) Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting the Contract Officer for assistance. In excavating planting pits, Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be compacted sufficiently so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, Contractor shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted. e) All nursery containers and box sides shall be removed from tree root balls prior to planting. Contractor shall not install trees with box bottoms left on. All container debris (e.g., strapping, box fragments, nails) shall be removed from the planting pit prior to backfilling. f) Contractor shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e., park site), Contractor shall install the tree or DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 33 of 44 palm so that the top of root ball is two (2) inches above surrounding grade. Contractor shall not resort to cutting or trimming the root ball as a means of meeting grade standards. g) Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines. h) Contractor shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand. i) While backfilling, Contractor shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill. Once the water has drained, Contractor shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree. j) Contractor shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using Century Universal Tree Ties (or City approved equivalent) installed as per manufacturer's specifications. k) Upon completion of the planting of a tree, Contractor shall seed and top- dress any barren areas within ten (10) feet of the center of the trunk of the tree. The seed shall be a tall fescue turfgrass type applied at a rate of one (1) pound per one hundred (100) square feet. The seed shall be top- dressed with well-decomposed organic fines, spread evenly with a topdressing roller, at a depth of one eighth (.125) inch. Use of manure, native soil or chip topdressings shall not be allowed. This is part of the unit price for the service and no additional compensation is provided. l) Contractor shall not use hoses, equipment or water from private properties while installing or watering-in parkway trees. m) Tree planting includes watering as necessary for tree establishment, by the Contractor, for ninety (90) calendar days. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 34 of 44 6. Tree Watering: Tree watering consists of the irrigation of young trees which have been installed by Contractor and the irrigation of other trees as directed by City. The specifications for tree planting are as follows: a) Contractor shall comply with all general specifications’ standards described herein. b) As stated previously herein, Contractor shall identify the location of all utilities and landscape irrigation components prior to the planting of any tree. Contractor shall take all responsibility for any damage that occurs during the planting of any tree. c) Contractor shall not use hoses, equipment, or water from private properties when watering parkway trees. d) While performing tree watering, Contractor shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein. e) Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated. f) Contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by Contractor. 7. Tree Replacement: a) 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 City. b) Replacement shall be made by the worksite Contractor with the kind and size determined by the City. c) Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contractor’s payment. d) In all cases the value of the trees lost will be determined by the City, using the latest American Shade Tree Conference guidelines for value determination. e) Downed trees, due to any cause, shall be removed and the stump ground and re-filled the same day of identification or notification in accordance with the contract specifications. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 35 of 44 f) Trees lost from causes other than the Contractor’s negligence shall be replaced by the Contractor as directed by the City’s representative and will be paid for per the time and materials percent markup. 8. Crew Rental a) The standard crew is three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate. 9. Emergency Response a) The Contractor shall be required to provide emergency on call response for damaged trees because of storms or other reasons. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call. b) Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the contract, those changes shall be submitted to the City within two (2) working days. c) Contractor shall be required to provide all necessary traffic control during emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company. d) Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials. 10. Consultant Arborist a) Contractor will provide the service of a consultant arborist. When requested, the consultant arborist will perform tree health assessment which should include 360-degree, ground-based visual inspections of the tree crown, trunk, trunk flare, above ground roots and branch and stem defects, drilling evaluation of target risk increment, boring, probing, sounding, sub-surface root and soil assessment and site conditions around the tree in relation to targets. 1.3 Liquidated Damages Contractor and City agree that if completion of certain services to be provided by Contractor under this Agreement specified below are delayed, not performed or performed in a manner outside of specifications, a penalty as described herein will be assessed each day that the DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 36 of 44 service is not properly performed or not provided as required under the Agreement. This is in addition to City’s other remedies allowed by law, including the contractual requirement that the condition be remedied. The following penalties shall be assessed for the circumstances described: Worker without proper uniform and/or safety apparel, vehicle without proper signage $100.00 per occurrence Failure to properly notice prior to the commencement of non-emergency work $100.00 per occurrence Use of gasoline powered handheld or backpack blower $100.00 per occurrence Debris or trash left in area that has been vacated by workers $100.00 per occurrence Postings left in place after work has been completed and area vacated by workers $100.00 per occurrence Staging debris in traffic lane(s) for more than one (1) hour after generation of same debris/unattended debris $100.00 per occurrence Failure to post warning signage when operating equipment in pedestrian/vehicular traffic area, violation of traffic control standards, lack of required flag person(s) $200.00 per occurrence Disposal of debris at unauthorized sites (e.g. residential trash receptacles, commercial trash dumpsters, park site waste containers) $500.00 per occurrence Pruning in a manner that leaves tissue tears on remaining limbs $500.00 per tree Equipment leaking fluids $500.00 per occurrence + cost to mitigate damage Disfigurement/errant removal of CITY tree $500.00 per occurrence + cost to mitigate value of loss in accordance with “Council of Tree and Landscape Appraisers, Guide for Plant Appraisal, latest edition. Failure to respond to emergency or after-hours tree service requests within one (1) hour $500.00 per occurrence Unauthorized use, transport and/or storage of any chemical insecticide, herbicide, fungicide product in the City of Palm Springs $1,000.00 per occurrence + possible contract termination Loss of control incident $1,000.00 per occurrence + cost to mitigate damage + possible contract termination DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 37 of 44 1.4 Pricing: 1. The pricing included in this Contract shall be firm for the first year. 2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside- San Bernardino-Ontario Areas. 3. The City will only pay for the items listed on the bid form and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items. 1.5 Payment: The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section. 1.6 Invoicing: Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: Facilities.Billing@palmspringsca.gov. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 38 of 44 DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 39 of 44 DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 40 of 44 EXHIBIT “B” INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 41 of 44 INSURANCE 1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: _________ required ____X____ is not required; 4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 42 of 44 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 43 of 44 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Revised 4.13.23 Page 44 of 44 EXHIBIT “C” EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 West coast arborist inc Patrick Mahoney 6/26/2023 President DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 ABHDEOHolder Identifier : 7777777707070700077761616045571110766716117215557207442027772507300073741577156221030772415113067010207137011776365513070773665225722200705377643046663007704055712274570076727242035772000777777707000707007 7777777707070700073525677115456000732111516126102007122327242073111070322262530731110712332625207311007133236243173010070233373431621000713322725317200107123336342173000077756163351765540777777707000707007Certificate No :570094093993CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/27/2022 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Insurance Services West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 38318Starr Indemnity & Liability CompanyINSURER A: 16109Starr Specialty Insurance CompanyINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: West Coast Arborists, Inc. 2200 E Via Burton Anaheim CA 92806 USA COVERAGES CERTIFICATE NUMBER:570094093993 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $5,000 $2,000,000 $4,000,000 $4,000,000 A 07/01/2022 07/01/20231000100141221 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $2,000,000A07/01/2022 07/01/2023 COMBINED SINGLE LIMIT (Ea accident) 1000198198221 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH- ER PER STATUTEB07/01/2022 07/01/2023 Workers Comp CA SIR applies per policy terms & conditions $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 1000004228 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palm Springs, its officials, employees, and agents are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of the City of Palm Springs, its officials, employees, and agents in accordance with the policy provisions of the General Liability and Workers Compensation policies. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Number: See Certificate Number: 570094093993 570094093993 Aon Risk Insurance Services West, Inc. 570000083713 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # West Coast Arborists, Inc. TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION A 1000004229 07/01/2022 07/01/2023 Workers Comp AZ N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) SIR applies per policy terms & conditions ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13POLICY NUMBER: 1000100141221 Effective: 07/01/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to 1.All work,including materials,parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work,on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage"or "personal and advertising injury"on behalf of the additional insured(s) at the caused, in whole or in part, by:location of the covered operations has been completed; or1.Your acts or omissions; or 2.That portion of "your work" out of which the2.The acts or omissions of those acting on your injury or damage arises has been put to itsbehalf;intended use by any person or organizationin the performance of your ongoing operations for other than another contractor or subcontractortheadditionalinsured(s)at the location(s)engaged in performing operations for adesignated above.principal as a part of the same project. However:C.With respect to the insurance afforded to these1.The insurance afforded to such additional additional insureds, the following is added toinsured only applies to the extent permitted by Section III – Limits Of Insurance:law; and If coverage provided to the additional insured is2.If coverage provided to the additional insured is required by a contract or agreement, the most werequiredbyacontractoragreement,the will pay on behalf of the additional insured is theinsurance afforded to such additional insured amount of insurance:will not be broader than that which you are required by the contract or agreement to 1.Required by the contract or agreement; orprovide for such additional insured.2.Available under the applicable Limits of Insurance shown in the Declarations;B.With respect to the insurance afforded to these additional insureds,the following additional whichever is less. exclusions apply:This endorsement shall not increase the This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the "property damage" occurring after:Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13POLICY NUMBER: 1000100141221 Effective: 07/01/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE A. Section II – Who Is An Insured is amended to required by the contract or agreement to provide for such additional insured.include as an additional insured the person(s) or organization(s) shown in the Schedule, but only B.With respect to the insurance afforded to thesewithrespecttoliabilityfor"bodily injury"or additional insureds, the following is added to"property damage" caused, in whole or in part, by Section III – Limits Of Insurance:"your work"at the location designated and described in the Schedule of this endorsement If coverage provided to the additional insured isperformed for that additional insured and included required by a contract or agreement, the most wein the "products-completed operations hazard".will pay on behalf of the additional insured is the amount of insurance:However: 1.Required by the contract or agreement; or1.The insurance afforded to such additional insured only applies to the extent permitted by 2.Available under the applicable Limits oflaw; and Insurance shown in the Declarations; 2.If coverage provided to the additional insured is whichever is less.required by a contract or agreement,the This endorsement shall not increase the applicableinsurance afforded to such additional insured Limits of Insurance shown in the Declarations.will not be broader than that which you are CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 POLICY NUMBER: 1000198198221 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FORCOVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: 07/01/2022 SCHEDULE Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1.of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Name Of Person(s) Or Organization(s): Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. West Coast Arborists, Inc. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 Dallas, TX 1-866-519-2522 Primary and Non-Contributory Condition Effective Date: July 1, 2022 at 12:01 A.M.Policy Number: 1000100141221 Named Insured: West Coast Arborists, Inc. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. SECTION IV – CONDITIONS, condition 4. Other Insurance is amended as follows: 1.The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY Steve Blakey, President Nehemiah E. Ginsburg, General Counsel OG 107 (04/11) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 COMMERCIAL GENERAL LIABILITY CG 20 12 04 13POLICY NUMBER: 1000100141221 Effective: 07/01/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE a."Bodily injury","property damage"orA. Section II – Who Is An Insured is amended to "personal and advertising injury" arising outinclude as an additional insured any state or of operations performed for the federalgovernmental agency or subdivision or political government, state or municipality; orsubdivision shown in the Schedule, subject to the following provisions:b."Bodily injury"or "property damage" included within the "products-completed1.This insurance applies only with respect to operations hazard".operations performed by you or on your behalf for which the state or governmental agency or B.With respect to the insurance afforded to these subdivision or political subdivision has issued a additional insureds, the following is added to permit or authorization.Section III – Limits Of Insurance: However:If coverage provided to the additional insured is required by a contract or agreement, the most wea.The insurance afforded to such additional will pay on behalf of the additional insured is theinsured only applies to the extent permitted amount of insurance:by law; and 1.Required by the contract or agreement; orb.If coverage provided to the additional insured is required by a contract or 2.Available under the applicable Limits of agreement, the insurance afforded to such Insurance shown in the Declarations; additional insured will not be broader than whichever is less.that which you are required by the contract This endorsement shall not increase theor agreement to provide for such additional applicable Limits of Insurance shown in theinsured.Declarations.2.This insurance does not apply to: CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 State Or Governmental Agency Or Subdivision Or Political Subdivision: Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68 y: 07/01/2022 100 0004228 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. 2.0% of the California workers' compensation premiumThe additional premium for this endorsement shall be otherwise due on such remuneration. Schedule Person or Organization Job Description Where required by contractAny person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No.: Endorsement No.: Insured: W e s t C o a s t A r b o ri s ts , In c.Premium: Insurance Company: S t ar r S p e ci a lt y & L ia bili ty C o m p a n y Countersigned by WC 04 03 06 Page 1 of 1(Ed. 04-84) DocuSign Envelope ID: 29E33D4F-DE1E-42DB-A0EF-02E1BE73DC68