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HomeMy WebLinkAbout9/5/2018 - STAFF REPORTS - 1.I.City Council Staff Re[Jorl DATE: September 5, 2018 CONSENT CALENDAR SUBJECT: AWARD A CONTRACT SERVICES AGREEMENT FOR INVITATION FOR BID 18-08(R) FOR CITYWIDE TREE TRIMMING SERVICES TO WEST COAST ARBORISTS, INC. FROM: David H. Ready, City Manager BY: Marcus L. Fuller, Assistant City Manager SUMMARY This action will approve a contract services agreement with West Coast Arborists, Inc., a California corporation, for annual tree trimming and authorize re-bidding. RECOMMENDATION: 1. Award a Contract Services Agreement for Citywide Tree Trimming Services (Agreement No. _) to West Coast Arborists, Inc., a California Corporation, pursuant to Invitation For Bids No. 18-08(R), for an initial term of three years, with two optional one year extensions; 2. Authorize the City Manager to issue Purchase Orders in an amount not to exceed $500,000 on an annual basis throughout the term of the agreement for tree trimming services; and 3. Authorize the City Manager to execute all necessary documents. BUSINESS PRINCIPAL DISCLOSURE: West Coast Arborists. Inc. A search of records available through the Secretary of State of California shows that West Coasts Arborists is a California corporation, and its corporate officers are Patrick Mahoney as CEO, Richard Mahoney as Secretary, and Rose Epperson as CFO. West Coast Arborists is a family owned private corporation by Patrick Mahoney and Richard Mahoney. BACKGROUND: The City has historically contracted for tree trimming services since 1995, privatizing these services in an effort to reduce General Fund operating and maintenance costs. The most recent Invitation for Bids (IFB) in 2016 resulted in Council awarding the current contractor, Mariposa Landscape, Inc., an initial one-year term, terminating ITEM NO. 1. :t.. City Council Staff Report September 5, 2018 --Page 2 Award Tree Trimming Contract June 30, 2017 and four one-year optional renewals at the City's discretion. Council approved the first renewal option on June 21, 2017. Mariposa's contract extension expired June 30, 2018. There are over 6,800 various trees within our parks, facilities and street parkways and medians, including 3,500 palm trees Citywide. On March 7, 2018, the City Council authorized staff to advertise and solicit Invitation For Bids No. 18-08, for Annual Citywide Tree Trimming Services. On March 24 and 31, 2018, staff advertised these contracts in the Desert Sun, submitted Notice Inviting Bids to plan rooms 1 , and provided the contract documents available free of charge to prospective bidders. Subsequently, on April 26, 2018, the Procurement and Contracting Division received bids identified in Table 1. Company Location Bid Amount Mariposa Landscapes, Inc.* Bermuda Dunes, CA $998,350.00 Non-Responsive West Coast Arborists, Inc.* Anaheim, CA $1 '128,900.00 Non-Responsive GDNC, Inc., dba GLS Landscapes* Cathedral City, CA $1 ,203,320.00 Non-Responsive Table 1 All of the bidders submitted bids that were determined to be non-responsive due to either a failure to acknowledge all of the Addenda issued by the City, or for not disclosing prior or current litigation filed against the bidder. On May 16, 2018, the Council determined these bids were non-responsive, rejected all bids, and authorized staff to solicit new bids. On June 4, 2018, the City released the solicitation for Citywide annual tree trimming services, identified as Invitation for Bids No. 18-08(R). Staff advertised the contract in the Desert Sun, submitted Notice Inviting Bids to plan rooms, and provided the contract documents available free of charge to prospective bidders. Subsequently, on July 12, 2018, the Procurement and Contracting Division received two bids as identified in Table 2. Company Location Bid Amount West Coast Arborists, Inc. Anaheim, CA $943,820 Mariposa Landscapes, Inc. Bermuda Dunes, CA $972,500 Table 2 1 A Plan Room is a "library" where construction professionals may view bidding documents (blueprints and specifications) for projects seeking price estimates for specific construction products or services. There are 9 various plan rooms in southern California where the City submits its bid documents to ensure all contractors within the area are aware of the bid solicitation. 2 City Council Staff Report September 5, 2018 --Page 3 Award Tree Trimming Contract The City solicited bids in a way where the contractor would identify bid prices for the various tree trimming services allowing the City to choose which services to perform at the given bid prices. In this way, the contract functions as an "on-call" tree trimming contract. The important points for City Council consideration related to the contract include: • Contract Sum: Article 3 "Contract Price" reflects the on-call nature of the tree trimming services, in that there is no defined cost other than the contractor's schedule of prices identified in its bid and incorporated as Exhibit "8" of the contract. Article 3 (first paragraph) states: City and Contractor hereby acknowledge and agree that the scope of services required by this Agreement will vaiJI dependent upon the number, type, and extent of the services or work the Contractor shall provide; and no guarantee of the extent or the type of services required of Contractor under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the amount of Tree Trimming and Removal Services is subject to the annual budget appropriated by the City Council, which has not been identified for this Agreement, City and Contractor hereby acknowledge and agree that the ucontract Price" shall be established annually, through issuaryce of a Purchase Order authorized by the City Manager. For the services ·rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the ~~schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference. The low bid submitted by West Coast Arborists includes the pnc1ng sheet on the following page to be used for the purposes of paying for the various tree trimming services. The contract term will be 3 years, with 2 optional 1 year extensions. Accordingly, the contract allows for increases in the schedule of prices as noted in Article 3 of the contract (second paragraph), which states: The Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s) may be adjusted annually effective July 1, subject to the percentage change in the United States Bureau of Labor Statistics Employment Cost Index -Total Compensation, Table 6, Census Region and Division, West (Pacific), December to December, and a corresponding blended percentage increase to the applicable state prevailing wage rates for ~Tree Maintenance Laborer" as reviewed and approved by the City. 3 City Council Staff Report September 5, 2018 --Page 4 Award Tree Trimming Contract Service Required Full Prune; 0-6" DBH Full Prune; 7 -12· DBH Full Prune: 13·18" DBH Full Prune; 18-24" DBH Full Prune; >24. DBH Crown Raising; 0-6" DBH Crown Raising; 7 -12" OBH Crown Raising: 1 J.18~ DBH Crown Raising; 1 S.24" DBH Crown Raising; >24 .. DBH Palm Tree Trimming (Filfera) CPod Removal and Frond ·Tnm·> PaJm Tree Trimming (Robusta) (Pod and Frond Removal) Complete Tree & Stump Removal ~rDBH) Fumish and Plant Tree (24" Box Soecimen) Furnish and Piant Tree (~ Box Specimen) Furnish and Plant Tree (48. Box Specimen) Furnish and Plant Palm Tree (6'·12' BTH) Furnish and Plant Palm Tree (12'-18' 8TH) Fumish and Plant Palm Tree (>18' BTH) Fully Equipped 3 person crew with aerial unU, dump truck and chipper (M-F. nonnal business hours) Fully Equipped 3 person crew with aeriaJ unit, dump truck and chipper (Emergency Call Out. weekends. holidays, night work) Unit Unit Price EA $ 47,00 EA $ a2.QQ EA $ 122.QQ EA $ 152 QQ EA $ 1~2.00 EA $ 42:00 EA $ ~2.QQ EA $ ~2.00 EA $ 52.0Q EA $ ~,00 EA $ 5~!00 EA $ ~Z.QQ DBH $ 29.00 EA $ 322.QQ EA $ 782.00 EA $ j .200.00 EA $ BQQ.QQ EA $ 1JOOO.OO EA $ 1.~QQ.OQ Hours $ 2~~.QQ Hours $ 345.Qg 4 City Council Staff Report September 5, 2018 --Page 5 Award Tree Trimming Contract Public Works Contractor Registration Law (58 854) Under California Labor Code Section 1771.1, as amended by Senate Bill (SB) 854 (2014), unless registered with the State of California Department of Industrial Relations (DIR), a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. Similarly, a public entity cannot award a public works contract to a non-registered contractor, effective April 1, 2015. Staff has reviewed the Dl R's contractor registration database, and has confirmed that West Coast Arborists, Inc., is registered with the DIR, and is appropriately licensed. West Coast Arborists, Inc., of Anaheim, CA, submitted the lowest responsive bid related to IFB No. 18-0B(R). Staff reviewed the bid, references, and contractor's license, and found this contractor to be properly licensed and qualified. A contract with West Coast Arborists, Inc. for IFB 18-0B(R) is included as Attachment 1. Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program," requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. West Coast Arborists has submitted information documenting the use of local firms for materials and supplies related to this contract. ENVIRONMENTAL IMPACT: Section 21 084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 "Existing Facilities," Class 1 (h) projects consist of the maintenance of existing landscaping and native growth; therefore, landscape and grounds maintenance services is considered categorically exempt from CEQA. FISCAL IMPACT: Staff recommends that the Council authorize the City Manager to incur expenditures for tree trimming services in an amount not to exceed $500,000 in each year throughout the term of the contract. 5 Cit y Counci l St aff Report September 5 , 2018 --Page 6 Award Tree Trimming Contract The 2018/2019 fiscal year budget appropriated a budget of $500 ,000 for annual tree trimming services in the following accounts: Assessment District Fund (D istrict 6A), Account No. 141-431 0-43530; $3 ,000 Assessment District Fund (District 6C), Account No. 141-43 1 0-43550; $2,000 Assessment District Fund (D istri ct 7), Account No. 141-431 0 -435 60; $1 ,500 Assessment District Fund (District 8), Account No. 141-431 0-43570; $6,000 Assessment District Fund (District 9), Account No. 141-431 0-43580; $3,500 Assessment District Fund (D istrict 10-1), Account No. 141-4310-43590 ; $35,000 Assessment District Fund (District 10-2), Account No . 141-4310-43595 ; $20 ,000 Assessment District Fund (District 12), Account No. 141-431 0-43597 ; $1 ,000 General Fund (Park Maintenance), Account No. 001-2451-43060; $10 ,000 General Fund (Park Maintenance), Account No. 001-2451-43065 ; $60 ,000 General Fund (Park Maintenance), Account No. 001-2451-43071 ; $90 ,000 General Fund (Park Maintenance), Account No. 001-2451-43200; $32,000 General Fund (Park Maintenance), Account No. 001-2451-43240 ; $323 ,000 SUBMITTED: Attachments: 1. Contract Services Agreement-IFB 18-08 (R) 6 ATTACHMENT 1 7 CONTRACT SERVICES AGREEMENT ANNUAL CITYWIDE TREE TRIMMING SERVICES THIS AGREEMENT made this _ day of , 20_, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and West Coast Arborists. Inc .. a California corporation, hereinafter designated as the Contractor. WHEREAS, City has determined it is in the public interest to contract for certain services which are necessary or convenient to the exercise of its powers; and WHEREAS, the City is desirous of retaining a contractor to provide citywide tree trimming services; and WHEREAS, the City did issue an Invitation for Bid ("IFB") No. 18-08 (R), seeking sealed bids for the provision of citywide tree trimming and removal services, and setting for the terms, conditions and covenants governing the provision of such services; and WHEREAS, the City did open all bids submitted in response to IFB No. 18-08 (R); and WHEREAS, the City has determined that Contractor is an appropriately qualified company submitting a bid, and that the Contractor's Bid was the most competitively priced bid submitted. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises hereinafter contained, the Parties, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows: ARTICLE 1 --THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS N0.1 8-0S (R) Contractor agrees to provide Tree Trimming and Removal Services more particularly described in the scope of work attached as Exhibit "A", including and without limitation, the general terms and conditions, which is incorporated herein by this reference. All services to be provided by the Contractor hereunder shall be approved in advance by the Contract Officer or designated representative of the City, working in the Maintenance and Facilities Department. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Invitation for Bids (IFB No. 18-08 (R)); and, (4) the Contractor's signed, original Bid submitted to the City ("Contractor's Bid"), (collectively referred to as the "Contract Documents'} The City's Invitation for Bids (IFB No. 18-08 (R)) and the Contractor's Bid, are incorporated by reference and are hereby made a part of this Agreement. All provisions of the Scope of Services, the ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 1 8 City's Invitation for Bids and the Contractor's Bid shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit "A"); (2nd) the provisions of the City's Req Invitation for Bids (IFB No. 18-08 (R)); (3rd) the terms of this Agreement; and, (4th) the provisions of the Contractor's Bid. ARTICLE 2 --COMMENCEMENT AND COMPLETION The Work to be performed under this Contract consists of contract services to be performed with an initial term of three years, commencing on July 1, 2018, and terminating on June 30, 2021. Upon mutual agreement, the parties may renew this contract for an additional two (2), one (1) year terms, as follows: (1) Option year one, if exercised, shall be effective July 1, 2021, through June 30, 2022. (2) Option year two, if exercised, shall be effective July 1, 2022, through June 30, 2023. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed in accordance with the schedule of performance and frequency of services specified in the Contract Documents. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for failure to complete or perform the frequency of services specified in the Contract Documents. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. 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 such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. ARTICLE 3 --CONTRACT PRICE City and Contractor hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Contractor shall provide; and no guarantee of the extent or the type of services required of Contractor under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 2 9 acknowledgement of the fact that the amount of Tree Trimming and Removal Services is subject to the annual budget appropriated by the City Council, which has not been identified for this Agreement, City and Contractor hereby acknowledge and agree that the "Contract Price" shall be established annually, through issuance of a Purchase Order authorized by the City Manager. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "8" and incorporated herein by this reference. The Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s) may be adjusted annually effective July 1, subject to the percentage change in the United States Bureau of Labor Statistics Employment Cost Index-Total Compensation, Table 6, Census Region and Division, West (Pacific), December to December, and a corresponding blended percentage increase to the applicable state prevailing wage rates for "Tree Maintenance Laborer" as reviewed and approved by the City. Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program - Good Faith Efforts, Non-Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to 0, inclusive, and all Purchase Orders which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5--MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 3 10 Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Department of Maintenance & Facilities as provided in the Contract Documents. ARTICLE 7 --NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8 --INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. ARTICLE 9-CONFLICT OF INTEREST & NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 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 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. 9.3 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 ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 AGREEMENT FORM AGREEMENT AND BONDS -PAGE 4 11 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. ARTICLE 10 --MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SIGNATURES ON NEXT PAGE AGREEMENT FORM AGREEMENT AND BONDS -PAGE 5 12 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA By ________________________ __ David H. Ready City Manager ATTEST: By ________________________ __ Anthony Mejia City Clerk APPROVED AS TO FORM: By ________________________ _ Edward Kotkin City Attorney RECOMMENDED: By __________________________ _ ANNUAL Marcus L. Fuller, PE, PLS Assistant City Manager CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 APPROVED BY THE CITY COUNCIL: Date --------------- Agreement No. ______ __ AGREEMENT FORM AGREEMENT AND BONDS -PAGE 6 13 CONTRACTOR By: West Coast Arborists. Inc .. a California corporation Firm/Company Name By: _____________ _ By: _____________ _ Signature (notarized) Signature (notarized) Name: ______________ _ Name: ______________ _ Title: Title: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. ANNUAL (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of --------L County of ---------Joss On ________________ _ before me,-------------- personally appeared ----------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of --------L County of ----------Lss On ________________ __ before me,-------------- personally appeared ----------- who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Signature: Notary Seal: AGREEMENT FORM AGREEMENT AND BONDS -PAGE 7 14 ANNUAL EXHIBIT ''A'' SCOPE OF WORK FOLLOWS THIS PAGE CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 EXHIBIT"A" 15 SECTION 10 --SPECIFICATIONS PART ONE General Specifications The CONTRACTOR shall perform and/or provide the following services in accordance with this Scope of Services when requested by the CITY or as set forth in the CITY's approved Project Schedule. The General Specifications apply and CONTRACTOR shall adhere to such terms when performing the specific services set forth in the Project Schedule. The specific services are described in this Section 10 "Specifications." CONTRACTOR shall adhere to the terms of the Technical Specifications when providing services. SECTION A: GENERAL SPECIFICATIONS 1. CONTRACTOR shall provide all labor, expertise, materials, and equipment necessary for the provision of CITY tree care services specified herein, which includes, but is not limited to, tree trimming, tree removal, stump grinding, tree planting, watering of young trees, maintenance of tree basins, repair of irrigation systems damaged during the pruning, removal or 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 web based tree inventory and work history tracking system. These services are part of the unit prices set forth in the Bid Schedule and unless otherwise provided, no additional compensation is provided to CONTRACTOR for such services. CONTRACTOR shall also be required to report any condition that could pose a threat to the public or result in a poor aesthetic such as, but not limited to, low or hanging limbs, blocked traffic control devices or signage, and dead, dying or structurally deficient trees. Water utilized for the services under the Agreement shall be furnished by CITY. 2. All work performed by CONTRACTOR shall comply with good arboreal practice for the particular 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, 2133-1-1972, 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. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 1 16 3. 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. 4. 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. 5. 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. 6. CONTRACTOR shall during the term of the Agreement, hold valid State California Contractor's Licenses C-61/049 and C-27. 7. 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. 8. CONTRACTOR shall comply with CONTRACTOR's Safety Manual that meets SB 198 requirements for injury and illness prevention. 9. CONTRACTOR shall maintain a local office staffed by a representative during regular work hours, which is defined as Monday through Friday from 7:00a.m. to 4:00 p.m.(excluding holidays). Such representative shall be authorized to discuss matters pertaining to the Agreement. 10. Upon commencement of the Agreement, CONTRACTOR shall provide a list of emergency numbers for after hours 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 situation ranging from limbs down on single trees to storm related damage to a large number of trees requiring the commitment and focus of significant resources and manpower for several days. Failure to respond to tree ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 2 17 emergency and after-hours work requests within the specified time limits shall subject CONTRACTOR to the penalties described in Section 6-9 "Liquidated Damages". 11. 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. a) CONTRACTOR shall employ personnel qualified by reason of education, training and experience to perform the services specified in this Agreement. b) 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. c) 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. d) 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. e) CONTRACTOR's employees shall have: ANNUAL i. Proper licenses to operate equipment. ii. Ability to operate and maintain equipment in accordance with manufacturer recommendations. iii. Mechanical ability to make required operator adjustments to the equipment being used. iv. Knowledge of safety regulations as they relate to tree care and traffic control. v. American Red Cross Standard First Aid Certification (minimum of one member of each crew). CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10 -PAGE 3 18 vi. Ability to communicate orally and in writing in English. vii. Knowledge of tree care and related operations. f) 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 6-9 "Liquidated Damages". 12. Notification: a) 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. b) 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. c) At least seventy two hours (72) in advance of work, CONTRACTOR shall supply and post standardized signage on 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 materials that do 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. d) The use of door hangers and/or door knocking may be authorized by the Contract Officer. All notifications must be mailed. e) Beginning non-emergency work without notification shall subject CONTRACTOR to the penalties described in Section 6-9 "Liquidated Damages". ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS -SECTION 10 -PAGE 4 19 f) 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 6-9 "Liquidated Damages". g) The routine watering of young trees shall be exempt from these notification and posting standards. 13. Traffic control: a) At no time shall CONTRACTOR commence or carry on with work that presents a hazard to pedestrians or vehicular traffic. b) 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 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. c) CONTRACTOR shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic. d) 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. e) Any operation that results in a blockage of, or produces debris which could enter into, 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). f) Where CONTRACTOR's work is in progress, each street shall remain open to local traffic at all times unless prior arrangements have been made and approved by the Contract Officer or designated representative and CITY's Engineering Services Department. g) Violations of traffic control standards defined herein shall be subject to the penalties described in Section 6-9 "Liquidated Damages". 14. Wildlife protection: ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 5 20 a) 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. b) 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. c) At no time shall any nest or wildlife be moved from its location. d) In the event that wildlife is accidentally displaced and needs assistance, CONTRACTOR shall notify the Contract Officer. 15. Pre-inspection: a) 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. b) If, during the course of 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. 16. Utility Operations: 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. 17. 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. 18. Setup, Operations, Equipment Staging: a) CONTRACTOR shall setup, operate and stage in a manner that presents the least amount of disruption to residents, businesses, the public and traffic flow. b) Outside of an emergency situation, at no time will multiple setups or equipment staging be allowed on both sides of a street within the same block. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 6 21 c) Equipment shall never be stored or left unattended on a public street, CITY facility or private property. d) The staging of equipment shall be bound by the work hour restrictions defined herein. 19. 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. 20. Work Site Conditions: The work area shall be kept safe at all times 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. 21. 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. 22. Site Cleanup: a) 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. b) 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. c) 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. d) CONTRACTOR shall cease work immediately if clean up equipment ceases to function or is not available (e.g. loader, roll off equipment, staff). e) Rights of way shall not be used to stage unattended debris generated during regular work hours. f) All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches. g) Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS -SECTION 10 -PAGE 7 22 h) No material is to be allowed to enter any storm drain. i) Debris staged in parkway(s) due to a night time emergency response shall be clearly coned off and emergency taped off and shall be cleaned up in conformance with these specifications prior to 1 0:00 am the first business day after the emergency call out occurred. j) If the volume of debris from a night time emergency exceeds the storage capacity of the parkway(s), CONTRACTOR shall make arrangements to remove the debris immediately. k) Debris shall not be stored unattended in any portion of a traffic lane at night. I) 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. m) Failure to comply with site cleanup requirements shall subject CONTRACTOR to the penalties described in Section 6-9 "Liquidated Damages". 23. Green Waste Disposal a) Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, wood chips and other garden organic materials. b) Contractor shall be responsible for recycling all green waste generated from their contract performance. c) Contractor shall have the duty to keep all green waste from being contaminated to an extent it no longer can be recycled. d) Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of recycling. Approved reclamation sites are: California Valley Compost Facility-87011 Landfill Road, Coachella So Cal Recycling -29250 Rio Del Sol, Thousand Palms. e) 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. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS -SECTION 10 -PAGE 8 23 f) 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 work day. (Failure to remove and dispose of debris shall result in a liquidated damages charge in accordance with Section 6-9.) g) 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 accord~nce with Section 6-9.) 24. Record keeping: a) CONTRACTOR shall obtain and utilize a computer license to ArborPro, and shall maintain a maintenance record of each City tree as currently identified in the City's database. Records shall be maintained that include: ANNUAL i. Tree Location 1) A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. CONTRACTOR shall be required to create an ESRI ArcView/Arc GIS compatible "shape file" utilizing such data. 2) 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.). 3) 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 latest version of Arc View. The location shall be stated within one (1) foot minimum accuracy. 4) CONTRACTOR shall indicate whether such tree is located within designated historic district, or is a Specimen or Heritage Tree. 5) CONTRACTOR shall update the tree inventory on a daily basis, as conditions require (e.g., tree removed, tree planted, etc.). The City shall have access to updated data at all times. ii. Measurement of Canopy Spread 1) 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. iii. Tree Condition 1) General condition of individual trees 2) Trimming requirements (i.e., recommended trimming cycle) 3) Condition of surrounding hardscape (i.e. displacement, recent repairs) CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS -SECTION 10 -PAGE 9 24 b) CONTRACTOR shall provide and operate, at no cost to CITY, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current CITY inventory system (ArborPro). This system shall be password accessible twenty four (24) hours each day of the year via the internet. An updated GPS tree inventory shall be provided by CONTRACTOR, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree service work under the terms of this contract. c) CONTRACTOR shall update and maintain the tree site specific, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g. species, height, DBH) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the removal and replacement of trees, as well as the addition of trees to the inventory. The system shall be capable of maintaining and displaying all past and future work histories for any and all tree sites in the inventory, both individually and collectively by query. d) All aspects of the tree inventory system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of CONTRACTOR and shall be provided at no cost to CITY. The system shall not be proprietary in the nature of its function and shall operate and interface with common computer software and web based applications, including the ability to export data into common spreadsheet applications. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the Agreement. e) Tree site/task specific hardcopy backup data for any work that has occurred during a billing cycle shall accompany the invoicing for that period and shall be accessible for review on the internet based computerized tree inventory system prior to the submittal of invoicing for that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied. f) As unit pricing for this contract is on the basis of 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. 25. 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 ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 10 25 shall subject CONTRACTOR to penalties as described in Section 6-9 "Liquidated Damages". 26. 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 wor:k 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. 27. Night Work. a) When working at night CONTRACTOR shall provide adequate lighting which allows for safe and proper performance of work, as well as inspection of same. b) While working at night, CONTRACTOR shall minimize the impact of noise upon neighbors. c) CONTRACTOR shall not use chainsaws for work performed at night unless it is an emergency situation. 28. Contractor's Equipment. a) 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 cause to have the equipment removed from the job site. b) CONTRACTOR shall maintain a sufficient inventory of equipment so as 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. c) 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 ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 11 26 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. d) CONTRACTOR shall not park or store equipment or materials overnight at any CITY work site. e) All CONTRACTOR vehicles and equipment operating under this Agreement shall be clearly marked with CONTRACTOR'S identification. f) 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. 29. Authority and Inspections. The Contract Officer's authorized representatives shall at all times 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. 30. Questions. CONTRACTOR questions regarding the performance of the work shall be directed to the Contract Officer. 31 . Alterations, modifications or deviations from the work described in the scope of services by CONTRACTOR shall be subject to the prior written approval of CITY. In such event, any necessary price adjustments shall be made by mutual consent of the parties. 32. 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 6-9 "Liquidated Damages". 33. Work Deficiencies. a) 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 ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 12 27 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. b) 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. c) 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. d) 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. 34. Risk Management. a) 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). b) Failure to maintain such controls shall subject CONTRACTOR to penalties as described in Section 6-9 "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. 35. Accidents, Injuries. a) 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 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. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS -SECTION 10 -PAGE 13 28 b) 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. c) 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 make arrangements 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 so as to minimize damage to affected landscaped areas. vii. CONTRACTOR shall notify the Contract Officer immediately of any utility that is disturbed or damaged. 36.1nsecticides, 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 6-9 "Liquidated Damages," and can result in the termination of the Agreement. 37. Gasoline Powered Blowers. The use of gasoline powered blowers (handheld, backpack) is prohibited at all times within CITY. Violation of this policy shall subject CONTRACTOR to penalties as described in Section 6-9 "Liquidated Damages". ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 14 29 SECTION B. TECHNICAL 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 Tree Pruning Any tree work performed on a CITY tree must be done according to CITY's specification. The criterion for pruning varies based on the type or purpose of pruning. a) Full Prune: A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully 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: ANNUAL i. Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low-vigor branches and water sprouts from the entirety of the tree crown. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing" disrupts the structurally integrity of the tree, making it subject to limb and branch failure, especially during high winds. ii. Crown Thinning: Crown Thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind-sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown a 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, seldom should more than one-fourth of the live foliage be removed. iii. Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 15 30 to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites. iv. Crown restoration: Crown Restoration is a corrective pruning used as a means 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. b) Crown Raising/Safetv 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: i. Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-half of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure and to uniformly distribute stress within the tree. ii. Safety Prune: Safety prune is employed as a means of eliminating potentially hazardous limbs (dead/dying) from the crown of a hardwood tree when an entire pruning of the tree is not warranted. Safety pruning does not involve the fine detail work described herein as "full prune". 2. Specifications for hardwood tree pruning: the specifications for the pruning of hardwood trees are as follows: a) Consult with the Contract Officer before making any cut that would result in permanent disfigurement of the structure of a tree. b) Trees shall be pruned so as 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. 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 ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 16 31 visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. d) When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. e) 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 6-9 "Liquidated Damages". f) All final tree pruning cuts shall be made in such a manner so as 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. g) All dead and dying branches and branch stubs that are one-half (1/2) inch diameter or larger shall be removed. h) All broken or loose branches shall be removed. i) Those branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed. j) 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 in order to reduce end weight and thus decrease the likelihood of limb failure. k) Selectively prune branches that create sight line conflicts with traffic control signs and/or devices. I) Selectively prune branches that are within five (5) feet of a structure. m) Clear trees of sprout or sucker growth to a minimum height of ten (1 0) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. n) Prune so as 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. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 17 32 o) Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees. p) 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. q) 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. r) All major pest problems shall be promptly reported to CITY. s) 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. t) All trees six (6) inches in diameter or less shall be pruned with hand tools only. u) 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. v) Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible. w) 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. x) 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. 3. Trimming Specifications for individual Hardwood Species: a) General Trimming and Shaping of Conifers: ANNUAL • Conifers shall typically be trimmed in late winter or early spring. Typically, up to 30°/o of the live foliage may be removed unless directed otherwise by the City's designated representative. • 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. • At the time of trimming, the City's designated representative shall determine which trees shall have the new growth pinched back in an effort to control canopy size. CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 18 33 • To control the growth of large, mature conifers CONTRACTOR shall be required to prune the new growth of lateral limbs. • Typical trimming of conifers shall consist of removing crossed limbs, deadwood or unwanted branches from the interior of the canopy. b) General Trimming and Shaping of Broadleaf Trees: • Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City's designated representative and in accordance with the following: o Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty-five percent (25o/o) and up to thirty percent (30°/o). o In specific cases the City's designated representative may direct the contractor to reduce the size of the tree crown in an effort to limit the height of specific trees. o Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. o Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. o Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. 4. Trimming Specifications for Palm Trees: Palm tree trimming consists of maintaining the crowns and trunks of palm trees including the trimming of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type. The specifications for the trimming of 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 ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 19 34 result in the penalties described in Section 6-9 "Liquidated Damages". Live, 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 6-9 "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: i. Phoenix canariensis (Canary Island Date Palm): spent petiole bases shall be formed into an ornamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend 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, resulting in a "pineapple" appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City, CONTRACTOR may use a chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in shaping and maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. CONTRACTOR shall use care not to cut into live trunk tissue while maintaining the ornamental ball. CONTRACTOR shall remove any foreign plant material that has sprouted in an ornamental ball. CONTRACTOR shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned. ii. Phoenix dactylifera (Date Palm): spent petiole bases are left to form a supportive "nut" below the lowest green fronds of the crown. Unlike the ornamental ball of a ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 20 35 Phoenix canariensis (Canary Island Date Palm), the nut does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the nut, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree in the City, CONTRACTOR may use a chainsaw in forming and/or shaping the nut of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. CONTRACTOR shall use care not to cut into live trunk tissue while maintaining the nut. CONTRACTOR shall verify that the nut meets the standard described herein each time a Date Palm Island Date Palm is pruned. iii. Syagrus romanzoffianum (Queen Palm): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. iv. Archontophoenix cunninghamiana (King Palm): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. v. Washingtonia robusta (Mexican Fan Palm): spent petiole bases are left uniformly long to form a base which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is trimmed. vi. Washingtonia filifera (California Fan Palm): shall not have fronds removed and shall retain their, "skirts", and their trunks shall not be skinned, but remain in the natural condition. Fronds shall be sheared to provide 12" minimum clearance and fronds at the skirt bottom shall be sheared to maintain a clean look. Fruit pods shall be removed. 5. Tree Removal Any tree work performed on a CITY tree must be done according to CITY's specification. 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. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 21 36 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. 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 6-9 "Liquidated Damages". f) During a tree removal, CONTRACTOR shall maintain control of the tree and its parts at all times, 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 6-9 "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 maintain control at all times 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) ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 22 37 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. Repairs shall be made using components matching those that were damaged. I) 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. 6. Tree Planting Any tree work performed on a CITY tree must be done according to CITY's specification. 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. c) 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. d) 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. e) 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 ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 23 38 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. f) 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. g) 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 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. h) 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 (1 0) percent well decomposed organic fines. i) CONTRACTOR shall backfill palm plantings with one hundred (1 00) percent washed mortar (plaster) sand. j) 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. k) 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. I) Upon completion of the planting of a tree, CONTRACTOR shall seed and topdress any barren areas within ten (1 0) feet of the center of the trunk of the tree. The seed shall ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS -SECTION 10 -PAGE 24 39 be a tall fescue turfgrass type applied at a rate of one (1) pound per one hundred (1 00) square feet. The seed shall be topdressed 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. m) CONTRACTOR shall not use hoses, equipment or water from private properties while installing or watering-in parkway trees. n) Tree planting includes watering as necessary for tree establishment, by the Contractor, for ninety (90) calendar days. 7. Tree Watering Any tree work performed on a CITY tree must be done according to CITY's specification. 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. ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS -SECTION 10 -PAGE 25 40 8. 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 specificaitons. f) Trees lost from causes other than the Contractor's negligence shall be replaced by the Contractor as directed by the City's Inspector, and will be paid for in accordance with Section 3-3, "Extra Work,". 9. Crew Rental 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. 1 0. Emergency Response The Contractor shall be required to provide emergency on call response for damaged trees as a result 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. Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (1 0) contact individuals upon award of contract. Should the ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 26 41 contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days. Contractor shall be required to provide all necessary traffic control during the course of 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. 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. 11. Consultant Arborist 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. End of Technical Specifications ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 SPECIFICATIONS SPECIAL PROVISIONS-SECTION 10-PAGE 27 42 ANNUAL EXHIBIT ''B'' SCHEDULE OF COMPENSATION FOLLOWS THIS PAGE CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18-08 (R) JUNE 2018 EXHIBIT"B" 43 INSTRUCTIONS: BID SCHEDULE PRICING SHEET ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO. 18·08 (R) If awarded a contract, the following Pricing Sheet shall be incorporated Into the Bidder's contract The Unit Prices Identified on the Bid Schedule shall be transferred to the attached Pricing Sheet for the corresponding services required. In order to be determined ,.responsive", a Bidder shall correctly transfer Unit Prices from Bid Schedule to the Pricing Sheet. Service Required Full Prune; 0-6" DBH Full Prune; 7-12" DBH Full Prune; 13-18" DBH Full Prune; 18-24" DBH Full Prune; >24" DBH Crown Raising; 0-6" DBH Crown Raising; 7-12" DBH Crown Raising; 13-18" DBH Crown Raising; 18-24" DBH Crown Raising; >24" DBH Palm Tree Trimming (Filfera) (Pod Removal and Frond "Trim")_ Palm Tree Trimming (Robusta) (Pod and Frond Removal) Complete Tree & Stump Removal (per DBH) Furnish and Plant Tree (24" Box S_R_ecimen) Furnish and Plant Tree (36" Box Specimen) Furnish and Plant Tree (48" Box Specimen) Furnish and Plant Palm Tree (6'-12' 8TH) Furnish and Plant Palm Tree (12' .. 18' BTH) Furnish and Plant Palm Tree (>18" BTH) Fully Equipped 3 person crew with aerial unit, dump truck and chipper ( M-F, normal business hours) Fully Equipped 3 person crew with aerial unit, dump truck and chipper (Emergency Call Out. weekends. holidays, night worl<) ANNUAL CITYWIDE TREE TRIMMING SERVICES INVITATION FOR BIDS NO, 18·08(R) JUNE 2018 Unit EA EA EA EA EA EA EA EA EA EA EA EA DBH EA EA EA EA EA EA Hours Hours Unit Price $ 47.00 $ fl2.QQ $ 122.QQ $ 152.QQ $ 1~2.00 $ 42.00 $ ~2.00 $ ~2.00 $ 5200 $ 52.00 $ 52.00 $ 52.00 $ 29.00 $ 322.QQ $ 782.00 $ :1.2QQ.QQ $ 800.0Q $ 1.000.00 $ 1.2QQ.QQ $ 246.QQ $ 3~5.QO BID SCHEDULE PRICING SHEET 44