HomeMy WebLinkAboutAGENDA REPORT 2019 0918 REG CCSA ITEM 10FCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of September 18, 2019
ACTION A pproved Staff
Recommendation. BY
B.Garza
F. Consider Award of Agreement for Tree Maintenance Services to West Coast
Arborists, Inc. Staff Recommendation: Waive the formal RFP process for tree
maintenance services in accordance with City Municipal Code Chapter 3.04.120;
and 2) Award agreement for Tree Maintenance Services to West Coast Arborists,
Inc. in the amount of $262,500 for the initial nine (9) month term of the
Agreement and $350,000 annually thereafter, and authorize the City Manager to
execute the agreement, subject to final language approval by the City Manager.
(Staff: Chris Ball)
Item: 10.F.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Management Analyst
DATE: 09/18/2019 Regular Meeting
SUBJECT: Consider Award of Agreement for Tree Maintenance Services to
West Coast Arborists, Inc.
BACKGROUND
Historically the City of Moorpark (City) has contracted with licensed contractors to
provide general tree maintenance services for the approximately 50,000 trees located in
the City’s various landscape maintenance districts, parks and other City maintained
properties. The current contract for tree maintenance services expires on September
30, 2019.
The California Public Contract Code (PCC) establishes that landscape maintenance
work related to trimming, pruning, planting and replacement of plants is not a “public
project” (PCC 22002(d)(4)). As a result, tree maintenance service is not subject to the
public bidding requirement of the PCC, however it does require compliance with the City
Municipal Code (MC). On July 17, 2019 the City Council approved Resolution No.
2019-3829 establishing procedures for the procurement of professional and other
contractual services that are exempt from the bidding procedures for supplies and
equipment set forth in Chapter 3.04 of the MC. The procedures prescribed in this
Resolution generally follow guidelines set forth in Chapter 3.04, however Chapter
3.04.120 of the MC allows the City Council, by majority vote, to “waive the purchasing
procedures or alter these proceedings to fit a specific purchase, when such waiver is
not is violation of state law. (Ord. 16 § 1, 1984)”
In March of 2019 the City of San Buenaventura (Ventura) released a request for
proposals for tree maintenance services that substantially matched the services that the
City requires for its citywide tree maintenance program. These services include general
tree trimming, pruning, planting removal and replacement. The Ventura RFP also
included Ventura’s General Provisions for Standard Form Contracts, which includes an
Optional Cooperative Purchase Agreement (OCPA) clause allowing other public
Item: 10.F.
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agencies located in California to participate in any award made as a result of the
submitted bids. Ventura received four bids for tree maintenance services and, in June
of 2019, awarded a contract to West Coast Arborists, Inc. (WCA) based, in part, on the
fact that they offered the lowest cost service proposal.
DISCUSSION
The OCPA clause in the Ventura RFP for tree maintenance services makes it possible
for the City to piggy-back on the proposal submitted by WCA, and to negotiate a
separate service contract based on WCA’s proposed service rates. The WCA proposal
includes a range of services that covers the City’s tree maintenance needs, including
general and clearance pruning, tree and stump removal, tree planting, and emergency
services. WCA also offers optional tree inventory services to record and maintain
information about the City’s tree population. The standard tree inventory service is
provided at no charge, and tracks information such as tree location, species, height,
diameter, and work history. A Global Positioning System (GPS) tree inventory option is
also available for a fee ($1/tree), which adds global coordinate data to the tree
inventory, enabling inventory management through mobile devices, and allowing for the
possible future integration with the City’s Geographical Information System (GIS)
program.
WCA has provided quality tree maintenance service for the City in the past, and the City
currently contracts with WCA for tree pest control services. Additionally, staff has
reviewed the WCA proposal and feels that the service rates are competitive and cost
effective. Staff estimates that the proposed rates would result in savings of between
15% and 30% over current service costs, based on recent tree maintenance activity.
The City Attorney has reviewed staff’s proposal to piggy-back on WCA’s Ventura
proposal, and confirmed that tree maintenance service is not subject to the public
bidding requirement of the PCC, that the OCPA clause in the Ventura RFP allows the
City to piggy-back on the WCA proposal, and that the City may waive the formal RFP
process based on the aforementioned guidelines established in Chapter 3.04.120 of the
MC.
WCA has confirmed that they are willing to honor the terms in their Ventura proposal in
a contract with the City. The contract term would be for two (2) years, with an option to
extend the contract for three (3) additional one (1) year periods. The contract value
would be $262,500 for the initial 9-month period ending June 30, 2020, and $350,000
annually thereafter, for a total potential contract value of $1,662,500 over the 5-year
extended term. The initial pro-rated value of $262,500 is proposed in order to bring the
contract term in line with the end of the current fiscal year.
WCA has the required experience and possesses the necessary licenses to perform
tree maintenance services. Staff is recommending that City Council waive the formal
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RFP process for City tree maintenance service, and award a contract for tree
maintenance services to WCA.
FISCAL IMPACT
Funding for tree maintenance services in City parks, landscape maintenance districts,
and other City maintained properties of approximately $300,000 was included in the FY
2019/20 budget. No additional appropriation is requested at this time.
It should be noted that funding for a GPS-based tree inventory, estimated at
approximately $50,000, was not included in the FY 2019/20 budget. If it is determined
that this optional service is desired, staff would return to Council at a later date to
request the additional appropriation.
STAFF RECOMMENDATION
1. Waive the formal RFP process for tree maintenance services in accordance with
City Municipal Code Chapter 3.04.120; and
2. Award agreement for Tree Maintenance Services to West Coast Arborists, Inc.
in the amount of $262,500 for the initial nine (9) month term of the Agreement
and $350,000 annually thereafter, and authorize the City Manager to execute the
agreement, subject to final language approval by the City Manager.
Attachment: Agreement
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AGREEMENT BETWEEN THE CITY OF MOORPARK AND
WEST COAST ARBORISTS, INC., FOR TREE MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of this _________ day of
________________________, 2019, between the City of Moorpark, a municipal
corporation (“City”) and West Coast Arborists, Inc., a corporation (“Contractor”). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for tree maintenance services at various City
landscape maintenance districts, parks and properties; and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council, at a meeting held on September 18, 2019,
authorized the City Manager to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution to June 30, 2021,
unless this Agreement is terminated or suspended pursuant to this Agreement.
Upon mutual consent of both parties, the term of this Agreement may be
extended by a written amendment executed by both parties for three (3) additional one
(1) year periods.
2. SCOPE OF SERVICES
City does hereby retain Contractor, as an independent contractor, in a
contractual capacity to provide tree maintenance services at various City landscape
maintenance districts, parks and properties, as set forth in Exhibit D: Contractor
Performance Requirements and Exhibit E: Scope of Work. In the event there is a
conflict between the provisions of Exhibit D, Exhibit E, and this Agreement, the
language contained in this Agreement shall take precedence.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit C: Schedule of Compensation. Compensation shall not exceed
the rates or value of two hundred sixty-two thousand five hundred dollars ($262,500) for
the initial period ending June 30, 2020. Compensation shall not exceed the rates or
value of three hundred fifty thousand dollars ($350,000) annually for every year
thereafter, including any contract extensions, without a written amendment to the
Agreement executed by both parties. Payment by City to Contractor shall be in
accordance with the provisions of this Agreement.
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City and Contractor acknowledge that this project is a public work to which
prevailing wages apply, and that a public work project is subject to compliance
monitoring and enforcement by the California Department of Industrial Relations (DIR).
Contractor agrees to comply with and be bound by all the terms, rules and regulations
described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the
California Labor Code, including without limitation Labor Code Section 1771 and (b) the
rules and regulations established by the DIR implementing such statutes, as though set
forth in full herein, including any applicable amendments made thereto during the term
of this Agreement. For every subcontractor who will perform work on this project,
Contractor shall be responsible for subcontractor’s compliance with (a) and (b), and
Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor
Code Section 1725.5 requires all contractors and subcontractors to annually register
with the DIR before bidding or performing on any public work contract.
3. PERFORMANCE
Contractor shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Contractor hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Patrick Mahoney, and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided, on an IRS W-9 form,
before payments may be made to vendors.
The City agrees to pay Contractor monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit C, based upon actual
time spent on the above tasks. This amount shall not exceed two hundred sixty-two
thousand five hundred dollars ($262,500) for the initial period ending June 30, 2020.
Compensation shall not exceed the rates or value of three hundred fifty thousand
dollars ($350,000) annually for every year thereafter, for the total term of the Agreement
unless additional payment is approved as provided in this Agreement.
Contractor shall not be compensated for any additional services rendered in
connection with its performance of this Agreement, unless such additional services and
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compensation are authorized, in advance, in a written amendment to the agreement
executed by both parties. The City Manager, if authorized by City Council, may approve
additional work not to exceed ten percent (10%) of the amount of the Agreement.
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. Any
expense or reimbursable cost appearing on any invoice shall be accompanied by a
receipt or other documentation subject to approval of the City Manager. If the City
disputes any of Contractor’s fees or expenses it shall give written notice to Contractor
within thirty (30) days of receipt of any disputed fees set forth on the invoice.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Contractor the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Contractor will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONTRACTOR
The Contractor’s failure to comply with the provisions of this Agreement shall
constitute a default. In addition to the right to terminate or suspend pursuant to Section
6, in the event that Contractor is in default for cause under the terms of this Agreement,
City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate or suspend this Agreement
immediately by written notice to the Contractor. If such failure by the Contractor to make
progress in the performance of work hereunder arises out of causes beyond the
Contractor’s control, and without fault or negligence of the Contractor, it shall not be
considered a default.
If the City Manager or the City Manager’s designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, designee shall cause to be served upon the Contractor a written notice of
the default. The Contractor shall have five (5) days after service upon it of said notice in
which to cure the default by rendering a satisfactory performance. In the event that the
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Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
In the event that a dispute arises between the City and the Contractor, the
Contractor shall not be excused from any scheduled completion date provided for by the
Agreement, but shall proceed with all work to be performed under the Agreement. The
Contractor shall retain any and all rights provided either by Agreement or by law which
pertain to the resolution of disputes and protests between the contracting parties.
8. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement, or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of one
hundred fifty dollars ($150) per day for each calendar day the work, or portion thereof,
remains uncompleted after the above specified completion date. Liquidated damages
shall be deducted from any payments due or to become due to the Contractor under the
terms of this Agreement. Progress payments made by the City after the above specified
completion date shall not constitute a waiver of liquidated damages by the City.
Liquidated damages shall be assessed in the amount of One Hundred Fifty
dollars ($150.00) for each day that the Contractor fails to conform to any California
Vehicle Codes, CAL OSHA requirements or traffic control measures as described in
these specifications.
9. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
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permission of the Contractor. With respect to computer files, Contractor shall make
available to the City, at the Contractor’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
10. INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify, defend and hold harmless City, and any and all of its
officers, employees, and agents (“City Indemnitees”) from and against any and all
causes of action, claims, liabilities, obligations, judgments, or damages, including
reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance of its obligations under this Agreement or out of the
operations conducted by Contractor, including the City’s active or passive negligence,
except for such loss or damage arising from the sole negligence or willful misconduct of
the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement,
the Contractor shall provide a defense to the City Indemnitees or at the City’s option
reimburse the City Indemnitees their costs of defense, including reasonable legal
counsels’ fees incurred in defense of such claims.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth in this Section from each and every subcontractor, or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Contractor and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Contractor
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
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11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor’s officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. Contractor shall comply with all applicable provisions of the California
Labor Code, including those set forth in Exhibit B. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status of such person; or any other basis
protected by applicable federal, state, or local law, except as provided in Section 12940
of the Government Code. The Contractor shall have responsibility for compliance with
this Section, if applicable [Labor Code Sec. 1735].
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15. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work
to be performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
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To: Patrick Mahoney, Secretary
West Coast Arborists, Inc.
2200 East Burton Street
Anaheim, CA 92806
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor’s legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court for the interpretation, enforcement or other
action of the terms, conditions, or covenants referred to herein shall be filed in the
applicable court in Ventura County, California. The City and Contractor understand and
agree that the laws of the State of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award thereof.
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24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Contractor’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
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30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK WEST COAST ABRORISTS, INC.
By:_______________________________ By:_______________________________
Troy Brown, City Manager Patrick Mahoney, Secretary
Attest:
__________________________________
Ky Spangler, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Contractor will maintain
insurance in conformance with the requirements set forth below. Contractor will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Contractor agrees to amend, supplement or endorse
the existing coverage to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Contractor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Contractor owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Contractor or Contractor’s employees will use personal autos
in any way on this project, Contractor shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Contractor, subcontractors or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and the City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG
2037 with edition acceptable to the City. Contractor also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor’s employees, or agents, from waiving the right
to subrogation prior to a loss. Contractor agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
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premium so paid by the City shall be charged to and promptly paid by Contractor
or deducted from sums due Contractor, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to the City
of any cancellation or reduction of coverage. Contractor agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation or reduction of coverage
imposes no obligation, or that any party will “endeavor” (as opposed to being
required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Contractor, provide
the same minimum insurance required of Contractor. Contractor agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Contractor agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Contractor’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Contractor, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to the City.
13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Contractor acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Contractor of non-compliance with an insurance
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requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Contractor’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specification applicable to the renewing or new coverage must be provided to the
City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Contractor under this Agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this Agreement. The City
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assumes no obligation or liability by such notice, but has the right (but not the
duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
23. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project, when required by City. City
shall determine the liability limit.
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EXHIBIT B
Terms for Compliance with California Labor Law Requirements
1. Contractor acknowledges that the project as defined in this Agreement between
Contractor and City, to which this Agreement to Comply with California Labor Law
Requirements is attached and incorporated by reference, is a “public work” as defined in
Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor
Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including
without limitation Labor Code Section 1771 and (b) the rules and regulations
established by the Director of Industrial Relations (“DIR”) implementing such statutes.
Contractor shall perform all work on the project as a public work. Contractor shall
comply with and be bound by all the terms, rules and regulations described in 1(a) and
1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain
contracts. The inclusion of such specific provisions below, whether or not required by
California law, does not alter the meaning or scope of Section 1 above.
3. Contractor shall be registered with the Department of Industrial Relations in
accordance with California Labor Code Section 1725.5, and has provided proof of
registration to City prior to the effective date of this Agreement. Contractor shall not
perform work with any subcontractor that is not registered with DIR pursuant to Section
1725.5. Contractor and subcontractors shall maintain their registration with the DIR in
effect throughout the duration of this Agreement. If Contractor or any subcontractor
cease to be registered with DIR at any time during the duration of the project,
Contractor shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Contractor’s services are subject to
compliance monitoring and enforcement by DIR. Contractor shall post job site notices,
as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem
wages for each craft, classification, or type of worker needed to perform the Agreement
are on file at City Hall and will be made available to any interested party on request.
Contractor acknowledges receipt of a copy of the DIR determination of such prevailing
rate of per diem wages, and Contractor shall post such rates at each job site covered by
this Agreement.
6. Contractor shall comply with and be bound by the provisions of Labor Code
Sections 1774 and 1775 concerning the payment of prevailing rates of wages to
workers and the penalties for failure to pay prevailing wages. Contractor shall, as a
penalty to the City, forfeit two hundred dollars ($200.00) for each calendar day, or
portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
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7. Contractor shall comply with and be bound by the provisions of Labor Code
Section 1776, which requires Contractor and each subcontractor to (1) keep accurate
payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776, (2) certify and make such payroll records available for inspection as
provided by Section 1776, and (3) inform the City of the location of the records.
8. Contractor shall comply with and be bound by the provisions of Labor Code
Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section
200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for
all apprenticeable occupations. Prior to commencing work under this Agreement,
Contractor shall provide City with a copy of the information submitted to any applicable
apprenticeship program. Within 60 days after concluding work pursuant to this
Agreement, Contractor and each of its subcontractors shall submit to the City a verified
statement of the journeyman and apprentice hours performed under this Agreement.
9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.
Contractor shall comply with and be bound by Labor Code Section 1810. Contractor
shall comply with and be bound by the provisions of Labor Code Section 1813
concerning penalties for workers who work excess hours. Contractor shall, as a penalty
to the City, forfeit twenty-five dollars ($25.00) for each worker employed in the
performance of this Agreement by Contractor or by any subcontractor for each calendar
day during which such worker is required or permitted to work more than eight hours in
any one calendar day and 40 hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to
Labor Code section 1815, work performed by employees of Contractor in excess of
eight hours per day, and 40 hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of eight hours per day at not
less than one and one-half times the basic rate of pay.
10. California Labor Code Sections 1860 and 3700 provide that every employer will
be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861, Contractor hereby certifies
as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.”
11. For every subcontractor who will perform work on the project, Contractor shall be
responsible for such subcontractor’s compliance with Chapter 1 and Labor Code
Sections 1860 and 3700, and Contractor shall include in the written contract between it
and each subcontractor a copy of those statutory provisions and a requirement that
each subcontractor shall comply with those statutory provisions. Contractor shall be
required to take all actions necessary to enforce such contractual provisions and ensure
subcontractor’s compliance, including without limitation, conducting a periodic review of
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the certified payroll records of the subcontractor and upon becoming aware of the failure
of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
12. To the maximum extent permitted by law, Contractor shall indemnify, hold
harmless and defend (at Contractor’s expense with counsel reasonably acceptable to
the City) the City, its officials, officers, employees, agents and independent contractors
serving in the role of City officials, and volunteers from and against any demand or
claim for damages, compensation, fines, penalties or other amounts arising out of or
incidental to any acts or omissions listed above by any person or entity (including
Contractor, its subcontractors, and each of their officials, officers, employees and
agents) in connection with any work undertaken or in connection with the Agreement,
including without limitation the payment of all consequential damages, attorneys’ fees,
and other related costs and expenses. All duties of Contractor under this Section shall
survive termination of the Agreement.
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EXHIBIT C
TREE MAINTENANCE SERVICES
SCHEDULE OF COMPENSATION
Price Per Service/Unit:
Service/Unit Description Unit Unit Price
General Pruning Per Tree $ 82.00
Clearance Pruning Per Tree $ 30.00
Tree and Stump Removal Per DBH Inch $ 32.00
Tree Only Removal Per DBH Inch $ 22.00
Stump Only Removal Per Diameter Inch $ 12.00
Tree Planting 15 Gallon w/o RootBarrier Per Tree $ 100.00
Tree Planting 15 Gallon w/ RootBarrier Per Tree $ 122.00
Tree Planting 24” Box w/o RootBarrier Per Tree $ 240.00
Tree Planting 24” Box w/ RootBarrier Per Tree $ 260.00
Tree Planting 36” Box w/o RootBarrier Per Tree $ 622.00
Tree Planting 36” Box w/ RootBarrier Per Tree $ 650.00
Crew Rental:
3-man crew including pickup, aerial lift, chipper
and chipper truck Per Crew Hour $ 231.00
Emergency Crew Rental:
3-man crew including pickup, aerial lift, chipper
and chipper truck Per Crew Hour $ 285.00
Optional Services
Tree Inventory (Non-GPS):
Standard (Non-GPS) tree inventory completed as
work progresses. The foreman will record the
tree site data and submit the information for
processing along with monthly billing. Within one
(1) year.
Per Tree Site $ 0.00
Tree Inventory – GPS Coordinate Based Data:
Tree inventory involving the collection of the tree
inventory using Global Positioning System (GPS)
Coordinates.
Per Tree Site $ 1.00
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EXHIBIT D
CONTRACTOR PERFORMANCE REQUIREMENTS
A. WORKING HOURS:
1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00
p.m. with the following exceptions: Tierra Rejada Road, Los Angeles Ave,
Campus Park Drive, and Princeton Ave working hours shall begin after
9:00 am (“working hours”). No work shall be performed on Saturday,
Sunday, or City approved holidays outside of these specified times,
without prior written approval from the representative designated by the
City (herein after referred to as “City Representative”), except for
emergency situations.
2. Contractor shall be responsible for any costs incurred by the City
including, but not limited to, City staff's hourly and/or overtime rates and
any related costs, for any City approved work performed by the Contractor
on weekends and/or holidays, which may require verification and
inspection by City staff.
3. The Contractor shall have staff available by phone contact (not an
answering service) including, but not limited to Contractor’s on-site
supervisor(s) twenty-four (24) hours per day, seven (7) days a week to
respond to callouts, questions, and verification of schedules.
4. Non-working City holidays include: New Year’s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
Contractor shall have personnel in place to carry out the responsibilities of
this Contract on all other City holidays if they fall on a weekday.
5. The use of leaf blowers or air broom is prohibited, except between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
B. SUPERVISION:
1. Contractor shall provide a minimum of one (1) full time on-site Tree
Maintenance Services Supervisor (Supervisor), fully trained in all aspects
of the International Society of Arboriculture (ISA) standards and
regulations, and the Contract document specifications for tree
maintenance services. Said Supervisor(s) shall have a minimum of seven
(7) years of experience in supervising tree maintenance services
operations. Fourteen (14) days prior to the start of any work, the
Contractor shall submit to the City information that demonstrates the
Supervisor’s qualifications for City review and approval. During the term
of the Contract, the City Representative shall approve any changes to the
Supervisor position.
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2. The Supervisor shall remain on site for the duration of the tree
maintenance services being performed except as required to obtain
equipment and supplies necessary for the tree maintenance services.
3. Contractor shall have an on-site Supervisor(s) capable of communicating
effectively both in written and oral English, at all times during the term of
the Contract. Any communication from the City to the Contractor’s on-site
Supervisor(s) shall be deemed as delivered to the Contractor.
4. Contractor shall endeavor to maintain excellent public relations at all
times. The work shall be conducted in a manner which will cause the least
possible interference and disturbance to the public. Work shall be
performed by competent employees and supervised by a person(s)
experienced in supervising tree maintenance services operations.
5. Contractor shall ensure that its employees are dressed in a company
uniform shirt recognizable as Contractor’s and all safety equipment.
C. COMMUNICATION/EMERGENCY RESPONSE:
1. Contractor shall have the ability to contact their field crews within fifteen
(15) minutes of notification by City Representative during normal working
hours.
2. Contractor shall provide capabilities for twenty-four (24) hour per day,
seven (7) days a week service. Contractor shall provide a 24 hour
emergency contact person, who is familiar with the City’s tree
maintenance operation, with phone number (not an answering service) for
non-working hours, including weekends and holidays.
During an after-hours emergency situation, the Contractor shall provide
on-the-job response time of no more than one (1) hour maximum upon
notification by City.
D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at
Contractor’s sole expense, shall furnish all necessary equipment, supplies, and
materials of good quality and in the amounts necessary to fulfill these
specifications and to accomplish an acceptable and professional level of
maintenance, as determined by City Representative.
E. CREW RENTAL: Contractor shall provide, at no additional cost, all staff, vehicles
and equipment necessary perform the general and clearance pruning, tree
and/or stump removal, and tree planting services (with or without rootbarrier) at
the unit prices indicated in Exhibit C: Schedule of Compensation. Crew Rental
rates shall be applied to specific tasks that fall outside of the general services
identified in Exhibit C, including, but not limited to: specialty pruning defined by
the City Representative, extensive vegetation removal and/or clearance pruning,
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tree removals requiring special arrangements and/or equipment, and emergency
services.
F. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully
responsible for any and all damage to City property resulting from the
Contractor's operations. This shall include, but not be limited to, the repair,
removal and replacement, at Contractor's expense, of grass, irrigation system,
ground cover or other landscape items that are lost or damaged due to tree
maintenance services and operations. This shall also include any damage to
buildings, infrastructure, hardscape, and other improvements due to Contractor's
negligence. The City Representative shall determine if the contractor is negligent.
G. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified
a minimum of 48 hours in advance prior to commencing work that involves
digging underground. This notification is required for each location said work is
performed. Written verification of such notification shall be provided to the City
Representative prior to commencing work.
H. PROPERTY DAMAGE: Any damage to utility lines shall be immediately reported
to the relevant utility company, as well as to the City Representative. The cost of
the repair, if required, will be at the Contractor’s expense. If damage occurs to
any landscape material, irrigation system components, adjacent hardscape
surfaces or other property, immediate repair or necessary replacement of the
same shall be at the Contractor’s sole expense.
I. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to
private property, the Contractor shall notify, in writing, each affected property
owner or responsible person, informing him of the nature of, and the approximate
duration of, the restriction. Contractor shall also provide a copy of said
notification to City Representative prior to commencing such work.
J. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS:
Contractor shall be responsible for the protection of all improvements adjacent to
the work, such as irrigation system components, drain pipes, lawns, brick work,
plants, masonry work, fences, walls, sidewalks, street paving, etc., located on
either public or private property. If any improvements are removed or damaged,
other than those designed for removal, then such improvements shall be
replaced in kind at the Contractor’s sole expense and to the City’s satisfaction,
within forty-eight (48) hours. If the Contractor fails to render proper repairs within
the 48 hour limit, the City will make the repairs and deduct the cost of such
repairs, plus 15% administrative costs, from the Contractor’s monthly bill.
K. TRAFFIC CONTROL:
1. Contractor shall conform to all California Vehicle Code and CAL OSHA
requirements and operating rules at all times this Contract is in effect.
Contractor shall obtain an annual City Encroachment Permit and adhere
to such conditions for street work. Contractor shall conduct all work in a
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manner that will insure continuous traffic flow on all streets at all times. In
situations where it is necessary to restrict traffic flow, the Contractor shall
contact the City Public Works Inspector prior to start of work. Contractor
shall be responsible for supplying and using all safety equipment
necessary to close or delineate traffic lanes to through traffic. This is to
include a high visibility arrow board. Prior to closing lanes and/or
interfering with the flow of traffic, Contractor shall seek the approval of the
City Representative. Twenty-four (24) hour notification is required. City
shall set days of the week and times when traffic lanes may be closed.
2. Signs used for handling traffic during the course of this project shall be in
accordance with the “Work Area Traffic Control Handbook” (WATCH)
published by Building News, Inc., and made a part of these detailed
specifications. The method in which signs, barriers, and other
miscellaneous traffic devices are used during construction shall be in
accordance with the publication mentioned. A copy of said publication is
on file at the Moorpark Public Services Facility. All signs shall be
illuminated or reflectorized when they are used during hours of darkness.
All cones, pylons, barricades, or posts used in the diversion of traffic shall
be provided with flashers or other satisfactory illumination if in place during
hours of darkness.
3. Traffic control and detours conforming to all the provisions of these
specifications shall be included in the Contract unit or lump sum prices
paid for various items of work where traffic control and/or detours are
required, without additional compensation.
4.
L. HAZARDOUS WASTE AND NPDES REQUIREMENTS:
1. Contractor shall comply with CAL OSHA standards and the most current
edition of the American National Standard Institute, Z133.1. - Safety
Requirements in the performance of all work under this Contract. The
Contractor shall conduct the work required in such a manner as to cause
the least amount of interference to the public and the general operations
of the City.
2. Contractor shall be responsible for compliance will all Federal and State
hazardous waste and materials requirements, codes and laws. Any
situations involving the use of, or observance of, hazardous waste or
materials shall be reported to the City Representative immediately.
3. Contractor shall be responsible for compliance with all Federal, State and
local requirements, codes and law regarding National Pollutant Discharge
Elimination System (NPDES).
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4. Contractor shall implement all necessary steps to ensure the methods and
practices it uses to carry out its responsibilities under this contract comply
with NPDES, including but not limited to: maintaining a clean work site;
properly disposing of all debris; appropriate storage of materials;
managing and operating vehicles and equipment in a manner to prevent
leaks and spills; preventing pollution of the storm drain system during
import, export, stockpiling, and spreading of landscape debris and
materials, and preventing and controlling discharge of soil sediments,
fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning
solutions, and other chemicals.
M. INSPECTION: At the request of the City Representative the Contractor shall
accompany the City Representative to inspect tree maintenance services
performed to determine maintenance standards are per contract specifications
and ISA standards. Should the City Representative determine standards are not
being met the Contractor may incur liquidated damages, as more fully described
in Section O. If Contractor fails to repair or correct deficiencies within five (5)
working days past the time line approved by the City, Contractor may be found in
nonconformance with the Contract and City, at its discretion, may take corrective
action at Contractor’s sole expense, plus 15% administrative fee and assessed
liquidated damages. Such fees and expenses shall be deducted from
Contractor’s invoice.
N. CITY’S RIGHT TO USE OTHER LABOR: Contractor recognizes that during the
course of this Contract, other activities and operations may be conducted by City
work forces and other Contracted parties. These activities may include, but not
be limited to, storm related operations, staging of police and fire for emergencies
and disaster control, and a variety of recreation programs and special events.
During said activities and operations the Contractor may be required to modify or
curtail certain work tasks and normal maintenance operations, and shall promptly
comply with any request thereof by the City.
O. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor
shall clearly identify each vehicle and equipment (i.e. trucks, chippers, and
trailers) used in the performance of this contract with decals on the exterior right
and left front door panels, or other City approved location, identifying the
Contractor's name, and phone number. Decals shall not be less than 12 inches
by 18 inches in size, and shall be clearly visible from a distance of 50 feet.
Contractor’s maintenance vehicles exterior paint and vehicle body shall be kept
clean, new in appearance and in a generally well maintained condition.
P. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO
CONTRACT: Should the Contractor fail to correct deficiencies, it will be
considered cause for the City to make corrective repairs. Such work shall be
billed to the Contractor for each callout, plus actual time spent on the repairs. It
also should be noted that there is a minimum two (2) hour charge for labor on
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any callout. City staff hourly costs shall be assessed as follows (subject to
change per current salary distribution):
Parks and Recreation Director: $210/hr.
Parks and Landscape Manager: $155/hr.
Landscape/Parks Maintenance Superintendent: $130/hr.
Parks and Facilities Supervisor: $115/hr.
Senior Maintenance Worker: $80/hr.
Maintenance Worker III: $70/hr.
Applicable staff overtime hourly costs for weekend work or after hours work shall
be assessed as follows (subject to change per current salary distribution):
Senior Maintenance Worker: $120/hr.
Maintenance Worker III: $105/hr.
Q. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies
and materials on City property shall only be allowed with prior written approval
from the City. In the event the City consents to allow Contractor to use
designated City property for storage, Contractor agrees to assume full
responsibility for loss, theft, damage to its equipment, supplies and any injury that
may arise to any person. Contractor also assumes full responsibility for any and
all damage to City property as a result of any Contractor owned property stored
on City property, whether storage is temporary or permanent. Contractor
acknowledges that Section 10 Indemnification of this contract applies to such
storage.
R. VANDALISM AND THEFT: The City shall be notified immediately by the
Contractor in regards to any acts of vandalism, including graffiti, and theft to City
property or other improvements observed or found by Contractor’s employees,
regardless of the cause.
S. CONTRACTOR DISPOSAL/RECYCLING RESPONSIBILITY: All green waste
produced as a result of the Contractor operations under this Agreement shall be
reduced, reused, recycled and/or transformed by the Contractor and delivered to
specific sites within the City at the City’s Representative direction. The Contractor
shall report to the City Representative annual tonnage of green waste produced
and provide such information annually, no later than March 1 of each year for the
previous calendar year, or at the City’s request.
T. SAFETY:
1. Contractor shall at all times adhere to all applicable safety practices and
cooperate with the City in any adverse condition related thereto.
2. Contractor shall cooperate with the City during the investigation of an
accident on City property and submit a complete written report to the City
within twenty-four (24) hours following the occurrence.
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3. Contractor during tree maintenance services shall identify any condition(s)
that renders any portion of the premises unsafe, as well as any unsafe
practices occurring thereon. The City Representative shall be immediately
notified of any potentially unsafe or hazardous condition found by the
Contractor.
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EXHIBIT E
SCOPE OF WORK
The Contractor shall follow all guidelines and procedures needed to provide for the care
and protection of City trees in order to promote the health, safety, welfare, and quality of
life for all City residents and visitors.
A. TREE MAINTENANCE:
1. Prohibited maintenance practices
a. Excessive pruning, except for clearance pruning of utility lines,
traffic or abating a public nuisance.
b. Topping.
c. Other action that could lead to the death of a tree or could
permanently damage its health, including but not limited to cutting,
poisoning, over-watering, unauthorized relocation or transportation
of a tree, or trenching, excavating, altering the grade, or paving
within the dripline area of a tree.
2. Standards for Pruning City Trees
All work on City trees shall be in accordance with the most current edition
of the following industry standards: ANSI A300 and ANSI Z133.
3. Pruning Mature City Trees
Pruning mature trees consist of crown cleaning, crown thinning, crown
raising, crown restoration, crown reduction, and utility pruning. Climbing
and pruning practices shall not injure the tree except for the pruning cuts.
4. Contractor shall reduce the probability of insect infestation, disease, or
infection, by following seasonal restrictions, except when public safety is a
concern:
a. Pine (Pinus spp.) or Elm (Ulmus spp.): do not prune March through
October.
b. All species: do not prune during the flush of spring shoot growth.
c. Trees with thin bark: do not prune in summer when sunscald injury
may be a factor.
d. Deciduous trees: best pruned November through February.
e. Hazardous trees of any species may be pruned any time of the
year for abatement reasons.
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5. Pruning Distressed City Trees
Contractor shall avoid additional injury to distressed trees
a. If a City tree has been damaged by injury or disturbance, pruning
shall be delayed until deadwood becomes evident. Crown cleaning
is then recommended.
b. City trees that have received little or no care or maintenance may
need moderate crown thinning, reduction of end weights, or entire
crown restoration.
6. Pruning Young City Trees
Contractor shall prune young City trees during the second year after
planting to improve their structure, and only minor crown cleaning every
three to seven years thereafter. Branches shall be spaced at least 18
inches apart to alleviate tight grouping branches.
7. Wildlife Avoidance / Migratory Bird Treaty Act Compliance
Contractor shall determine the optimal time to prune when considering the
health interests of the trees and when trying to avoid bird nests.
Contractor shall follow all State and federal regulations prohibit the
disturbance and destruction of many active bird nests.
8. Insect and Disease Control
Contractor shall report any insects or disease may lead to the death of a
City tree.
9. Woodchips or Mulch
Contractor generated woodchips or mulch from trimming operations within
the City may be dumped and spread at a City designated site upon
specific permission from the City Representative.
Contractor shall provide and submit estimated tonnage of woodchips
generated annually (January to December) to the City Representative.
10. Milling Urban Lumber
At the direction of the City’s Representative, large tree trunks, which meet
proper specifications, may be required to be milled into lumber suitable for
use in a variety of applications. Milled lumber shall be returned to the City.
Rates for milling services are to be determined by the City and Contractor
in writing on a case by case basis.
B. TREE PRUNING: Any tree work performed on a City tree must be done
according to the City's specifications. The criterion for pruning varies based on
the type or purpose of pruning.
1. General Specifications for tree pruning.
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a. Contractor shall consult with the City Representative before making
any cuts that could result in permanent disfigurement of the
structure of any tree
b. City trees shall be pruned so as to prevent branch and foliage
interference with safe public passage. Street clearance shall be
kept to a minimum of fourteen feet, six inches (14' 6") 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, the Contractor shall not prune the
tree until such time as direction is obtained from the City
Representative.
c. When removing a live branch, pruning cuts should be made in
branch tissue just outside the branch bark ridge and collar, which
are trunk tissue. If no collar is visible, the angle of the cut should
approximate the angle formed by the branch bark ridge and the
trunk.
d. 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 corrected, and shall
not exceed ½ inch from the hardscape surface being edged.
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 shall be removed.
h. All broken or loose branches shall be removed.
i. 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
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k. Selectively prune branches that create sight line conflicts with traffic
control signs and/or devices.
l. 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
(10) 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 City Representative to do otherwise.
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 the 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 the City to aid in the
safety of climbers performing the removal of a tree.
2. Prune Classifications for City Trees
a. Full Prune: 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 pruning to reduce overall canopy mass and excessive
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wood weight. Trees that are identified for a Full Prune shall have no
more than 30% of the live foliage removed. A Full Prune typically
consists of one or more of the following pruning treatments:
1) 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 structural integrity of the tree, making it
subject to limb and branch failure, especially during high winds.
2) 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 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, up to 30% of the live
foliage may be removed unless directed otherwise by the City
Representative.
3) 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 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.
4) Crown Restoration: Crown Restoration is corrective pruning
used as a means to restore the form of crowns that have been
previously damaged by extenuating circumstances. This
treatment is best performed by tree workers who have a good
understanding of the effects of pruning for the cultivation of tree
canopies.
b. Crown Raising/Clearance Prune: A Crown Raising or Clearance
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 clearance
prune does not involve the detail of work found in a full prune.
Crown raising or clearance pruning may consist of one or more of
the following pruning types:
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1) 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.
2) Clearance Prune: Clearance Prune is employed as a means of
eliminating limbs from the crown of a hardwood tree when an
entire pruning of the tree is not warranted. Clearance pruning
does not involve the fine detail work described herein as "full
prune".
3. Pruning Specifications for Individual Species
a. General Trimming and Shaping of Conifers: Two basic classes of
conifers can be found in Moorpark, those with branches radiating
out from the trunk in whorls such as Pine trees or Cedar trees and
those that sprout branches in a random manner such as Juniper or
Taxus. Conifers shall typically be pruned in late winter or early
spring. Typically, up to 30% of the live foliage may be removed
unless directed otherwise by the City Representative.
b. Contractor shall avoid damaging the central leader on all conifers.
In specific cases the City Representative may direct the contractor
to remove the central leader in an effort to limit the height of
specific trees.
c. At the time of pruning, the City Representative shall determine
which trees shall have the new growth pinched back in an effort to
control canopy size.
d. To control the growth of large, mature conifers contractor shall be
required to prune the new growth of lateral limbs.
e. Typical pruning of conifers shall consist of removing crossed limbs,
deadwood or unwanted branches from the interior of the canopy.
f. 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
Representative and in accordance with the following:
• 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 to
allow light to show through the head. Tree foliage shall be
reduced by at least twenty-five percent (25%) and up to thirty
percent (30%).
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• In specific cases the City Representative may direct the
contractor to reduce the size of the tree crown in an effort to
limit the height of specific trees.
• 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.
• Small limbs, including suckers and waterspouts, shall be cut
close to the trunk or branch from which they arise.
• 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.
C. PEPPER TREE MAINTENANCE SERVICES: (Historical High Street)
Historical High Street population of fifty (50) California Pepper (Schinus molle)
Trees are protected under the 2006 California Pepper Trees Maintenance Plan
(CPTMP), which by reference is part of these specifications and is available for
review at the Moorpark City Hall front counter. All tree maintenance services for
the management of the Pepper trees shall follow the CPTMP prescribed
procedure(s), the Contractor Performance Requirements in Exhibit D, and the
Scope of Work (Exhibit E).
1. The CPTMP specifications for High Street Pepper tree maintenance
services are outlined below:
a. Contractor must comply with the Migratory Bird Treaty Act (MBTA)
and California Fish and Game Code Sections 3503, 3503.5, and
3800.
b. Prior to tree maintenance activities, The City’s wildlife biologist will
conduct a nesting survey consisting of two (2) surveys conducted
on separate days, within 72 hours immediately preceding tree
maintenance activities, e.g., trimming branches or tree removal. If
pre-maintenance nesting surveys result in the location of active
nests, no tree maintenance procedures shall take place in the tree
with the active nest until such time as the young have fledged and
become independent of the nest. The City’s biologist shall
determine if a buffer area should be established around the tree
with the active nest.
c. Contractor trimming and thinning services shall be conducted
approximately every six (6) months.
d. All pruning and maintenance applied to the High Street California
pepper trees, as described in the CPTMP, shall be done under the
supervision of a certified arborist.
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e. All maintenance tasks and procedures shall be carried out
accordingly as described within the CPTMP.
f. All pruning and maintenance applied to the High Street California
pepper trees shall follow Section C, Hardwood Tree Pruning
specifications.
g. Pepper tree removal applied to the High Street California pepper
trees shall follow Section F, Tree Removal specifications.
h. Contractor is responsible for Pepper tree replacement on High
Street within sixty (60) days subsequent to the removal. The
Contractor shall purchase a 24-inch box replacement Pepper tree
(Schinus molle) and plant per Section H, Tree Planting and Young
Trees. The replacement tree shall be planted at the same location
as the removed tree unless a different location is directed by the
City Representative.
2. High Street Pepper Tree Management Categories
a. Young Trees: recently planted sites and sites with young expanding
tree canopies
b. Shade Trees: where canopy is sufficient to produce abundant
protection from solar radiation and yet not restrict pedestrian or
vehicular traffic
c. Veteran Trees: tall, broad canopies that merit ongoing preservation
by managing their growth for threats to biological health or
mechanical stability
d. Senescent Trees: considered to contain less than ten percent
(10%) live tissues determined by mass, and cannot be rehabilitated
or restored to veteran or shade tree status, do not merit
preservation, and require removal.
3. Tree Maintenance Services
Shade Trees Maintenance Services
a. Inspect tree health and stability
b. Pruning treatments to maintain clearance and manage weight
distribution
c. Pruning treatment to establish a redundant branching hierarchy
throughout the canopy
d. Promote an upward growth of the canopy
e. Avoid heading-back terminal ends
f. Prune to avoid excessive foliage on the limbs
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g. Conduct specialized pruning or other treatments to correct or
respond to unforeseen circumstances
Veteran Trees Maintenance Services
a. Inspect tree health and stability
b. Pruning treatments to manage load and weight distribution
c. Pruning treatments to reconstruct the tree canopy
d. Promote an upward growth of the canopy
e. Avoid heading-back terminal ends
f. Prune to avoid excessive foliage on the limbs
g. Conduct specialized pruning or other treatments to correct or
respond to unforeseen circumstances such as:
1) Crown reconstruction pruning techniques
2) Extensive Crown reduction
3) Reduction of long vertical and horizontal limbs
Senescent Trees Maintenance Services
a. Inspect tree health and stability
b. Pruning treatments to manage load and weight distribution
c. Promote an upward growth of the canopy
d. Avoid heading-back terminal ends
e. Prune to avoid excessive foliage on the limbs
f. Follow the City Representative’s specific tree maintenance service
recommendations
g. Conduct specialized pruning or other treatments to correct or
respond to unforeseen circumstances such as:
1) Crown reconstruction pruning techniques
2) Extensive Crown reduction
3) Reduction of long vertical and horizontal limbs
D. PALM TREE PRUNING:
Any tree work performed on a City tree must be done according to the City’s
specification. The criterion for pruning varies based on the type or purpose of
pruning. Palm Pruning consists of maintaining the crowns and trunks of palm
trees including the pruning of spent or declining fronds, seedpods and the
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skinning or shaping of spent petiole bases into a ball or nut as applicable by palm
type.
1. The specifications for the pruning of palm trees are as follows:
a. While making an approach to the palm crown for pruning, 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 Arborist immediately.
b. Fronds shall be pruned using a chainsaw, handsaw or pole saw
that has been sterilized 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.
c. At no time shall a chainsaw be used to prune any frond from any
Canary Island Date Palm (Phoenix canariensis). A separate
handsaw shall be used for each Canary Island Date Palm (Phoenix
canariensis).
d. 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 at the base of the canopy, as applicable by
species. Live trunk tissue should not be cut while pruning palm
fronds.
e. 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 Canary Island Date Palm
(Phoenix canariensis).
f. Care shall be taken in the handling of fruit and flowers, as they are
likely to release clear liquids that react with and can cause staining
to hardscape elements.
g. 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:
Canary Island Date Palm (Phoenix canariensis): At the City’s
direction and as an added cost, the Contractor may be directed to
form the dead petiole bases 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
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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, the Contractor
may use a clean 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.
Date Palm (Phoenix dactylifera): At the City’s direction and as an
added cost, the Contractor may be directed to shape the the base
of the Date Palm. Spent petiole bases are left to form a supportive
“base” below the lowest green fronds of the crown. Unlike the
ornamental ball of a Canary Island Date Palm (Phoenix
canariensis), the base does not require ornate shaping. Instead,
spent petiole bases are left uniformly long to form the base of the
canopy, 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, the Contractor may use a chainsaw in forming and/or
shaping the base of a Date Palm by shortening a number of the
lower petiole bases to bring the length of the nut to standard. The
Contractor shall use care not to cut into live trunk tissue while
maintaining the nut. The Contractor shall verify that the base meets
the standard described herein each time a Date Palm is pruned.
Queen Palm (Syagrus romanzoffianum): 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.
King Palm (Archontophoenix cunninghamiana): 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.
Mexican Fan Palm (Washingtonia robusta): 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. At the City’s
direction and as an added cost, the Contractor may be directed to
skin the trunk area below the base clean without causing damage
to live trunk tissue. The Contractor shall verify that the base meets
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the standard described herein each time a Mexican Fan Palm is
pruned.
California Fan Palm (Washingtonia filifera): spent petiole bases are
left uniformly long to form a nut, which shall extend no more than
eight (8) feet below the lowest live frond in the crown. At the City’s
direction and as an added cost, the Contractor may be directed to
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 California Fan Palm is
pruned.
E. TOOL SANITATION
On all trees, including palms, known or suspected to be diseased, pruning tools
and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach
solution between trees where there is danger of transmitting the disease on tools.
Fresh solution shall be mixed daily. Old solutions shall be disposed of through
proper disposal methods. Dumping used or old bleach solutions on the ground or
down the storm drain is prohibited.
F. TREE REMOVAL:
1. Contractor shall report conditions in which a City tree requires removal
such as:
a. The tree is in a state of decline due to disease or insect pest for
which there is no likelihood of a cure.
b. The tree poses a safety risk that cannot be corrected or where an
unreasonable safety risk would be created by the construction
process or root pruning.
c. Where work improvements required to be made around the tree will
likely kill the tree or render it a hazardous tree.
d. Where tree preservation is not cost effective compared to the tree’s
monetary value.
e. The tree poses a public nuisance because of its species, size,
location, fruit and seed drop, limb breakage or other objectionable
conditions.
f. The aesthetic value of the tree is extremely low, or where the tree
interferes with the growth and development of a more desirable
tree.
g. Structural defects in the tree, including branches, trunk and roots.
2. Tree removal consists of the removal of the entirety of a hardwood tree or
palm tree and the removal of its root system. The Contractor shall comply
with all general specifications standards described herein.
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3. The diameter price given by the Contractor for tree removals shall be
inclusive of all staff, materials and equipment necessary to remove trees
as described herein.
4. As stated previously herein, the Contractor shall identify the location of all
utilities and private property landscape irrigation components prior to the
removal of a tree and its root system. The Contractor shall notify the City
Representative in writing of any condition that prevents the removal of a
tree and/or the grinding of its root system. The Contractor shall take all
responsibility for any damage that occurs once the process of removing a
tree and/or associated root grinding begins.
5. The Contractor shall comply with wildlife protection standards described
herein whenever removing a tree.
6. The 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 City Representative for assistance.
The errant removal of trees shall be penalized.
7. During a tree removal, the 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 free-fall and create damage of any type. Loss of control
incidents shall be penalized.
8. Cranes and other rigging equipment shall be properly certified, with
evidence of such available for inspection prior to use of said equipment in
the City of Moorpark. Crane operators shall be certified by the National
Commission for the Certification of Crane Operators (NCCCO) and shall
be prepared to display current certification prior to operating a crane in the
City.
9. While loading and handling debris, the Contractor shall maintain control at
all times so as not to result in damage to the public rights of way or private
property. In addition, the Contractor shall not drop logs or trunks so as to
create undue noise or impact shock related damages to public and/or
private property.
10. 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. Chips and stump grindings shall not be used as a backfill material.
11. The Contractor shall be responsible for the repair of any private property
irrigation system components damaged during a tree removal or stump
grinding. Repairs shall be made using components matching those that
were damaged.
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G. TREE ROOT PRUNING SPECIFICATIONS:
1. Roots shall be pruned adjacent to the edge of the sidewalk, curb and
gutter or other improvements as indicated. Root pruning cuts adjacent to
the sidewalk shall be four (4) inches wide, twelve (12) inches deep, and a
minimum of eight (8) feet in each direction from the centerline of the tree
as measured from the top of the sidewalk or other improvements. Root
pruning cuts adjacent to the curb shall be four (4) inches wide, eighteen
(18) inches deep, and a minimum of eight (8) feet in each direction from
the centerline of the tree as measured from the top of the curb or other
improvements.
2. Root pruning equipment shall be specifically designed for this purpose
with cutting teeth sharpened adequately to sever roots in a clean manner
and equipped with padded tracks or rubber tires to prevent scraping or
marking the sidewalk.
3. After the pruning cut has been completed, all cuts shall be backfilled
immediately upon completion of root pruning at each location. Backfill
material shall consist of soil and/or mulch from root pruning and shall be
free of rocks and other debris. All debris generated by these operations
shall be immediately removed from the site and properly disposed of by
the Contractor.
4. The Contractor shall repair or replace all utility service connections or
sprinkler systems within the right-of-way that are damaged or removed as
a result of the root pruning operation. Repairs shall be implemented
immediately and completed by the end of the same working day.
5. The Contractor shall be responsible for contacting Underground Services
Alert for locating underground utilities prior to beginning the pruning
operation.
H. TREE PLANTING & YOUNG TREE CARE:
1. City tree planting stock and materials quality
a. All trees installed within the City shall conform to the most current
edition of the American Standard for Nursery Stock ANSI Z60.1.
b. Plants shall be sound, healthy, vigorous, and free of plant disease
and insect pests and their eggs.
c. Container stock shall be grown for at least eight months in
containers, and shall not be root bound or have girdling roots.
d. Trees shall not have been topped.
2. City Tree Planting: Tree planting consists of the installation of nursery
stock container trees supplied by the Contractor.
a. The Contractor shall comply with all general specifications
standards described herein. All trees shall be planted in
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accordance with the most current edition of the ANSI A300 (Part 6
– Planting and Transplanting) standards.
b. As stated previously herein, the Contractor shall identify the
location of all utilities and private property landscape irrigation
components prior to the planting of any tree. The Contractor shall
assume full responsibility for any damage that occurs during the
planting of any tree.
c. The Contractor shall supply quality nursery stock which is fully
rooted and representative of recognized standards for size and
quality of the material being planted.
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. The 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 City designated
representative for assistance. In excavating planting pits, the
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
undisturbed so that the planted tree will not settle below top of root
ball grade standards defined herein. As the width of the parkway
allows, the 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. The Contractor shall not install trees with
box bottoms left on. All container debris (e.g. strapping, box
fragments, and nails) shall be removed from the planting pit prior to
backfilling.
g. The Contractor shall install the tree 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), the
Contractor shall install the tree so that the top of root ball is two (2)
inches above surrounding finish grade. The Contractor shall not
resort to cutting or trimming the root ball as a means of meeting
grade standards.
h. The Contractor shall backfill hardwood tree plantings with an equal
mix of excavated soil and topsoil. The topsoil portion of the backfill
mix shall contain no more than ten (10%) percent well decomposed
organic fines.
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i. While backfilling, the 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, the
Contractor shall resume backfilling the planting pit. A watering
basin shall be constructed in a uniform circle and shall extend from
the center of the tree trunk to six (6) inches beyond the edge of the
root ball. The top of the watering basin shall be graded and
maintained uniformly with the upper edge of the basin maintained
at a grade of four (4) inches above the root flare of the tree.
j. The 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 City approved tree ties. Tree ties
shall be installed in a figure eight fashion to support the tree to the
stakes at the bending point of the trunk.
k. The Contractor shall not use hoses, equipment or water from
private properties while installing or watering-in new trees.
I. TREE INVENTORY
At the City’s direction, the Contractor will provide to the City access to a record
keeping system consisting of an Internet-based software program that allows the
City to maintain information about its tree population, including the description of
each tree by species, height, diameter, work history, and tree and planting site
location. Additionally, program should generate the estimated monetary value of
the urban forest, recycling reports, live job balance, contractor equipment GPS
location monitoring. The tree inventory software program shall be an Internet-
driven tracking program. The program shall have the capability to produce
detailed listings of tree and site information, work histories, service requests,
summary reports and pictures of City tree species. The Contractor shall provide
software support to the City for the entire term of the contract.
At the City’s direction, the Contractor shall provide the City with
recommendations for tree care, recommended planting locations, and
recommended removals. Attributes to be collected by field personnel may include
Address, Street, Facility, Species, Diameter, Condition, Height, recommended
tree care, overhead utilities and parkway size and type.
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1. NON-GPS Tree Inventory
At the City’s direction, the Contractor will provide a text-base tree
inventory as physical tree maintenance is conducted. The inventory is to
be collected by field crews during the pre-inspection of the tree. This
includes, but is not limited to, any publicly owned trees on street rights-of-
way, parks, City facilities and open spaces such as medians, green
scapes, etc. It is understood that only trees requiring physical
maintenance will be collected and entered into the tree inventory software.
Attributes to be collected by field personnel may include, but is not limited
to:
• Tree Number
• City District/Grid/LLDs/Parks/R-Areas/Residential
• Street
• Location by Address
• Species by botanical name & common name
• Tree diameter (in size range)
• Tree height (in size range)
All tree inventory data and all additional updated information collected
during the Contract term shall become the property of the City of
Moorpark. Upon termination of the Contract, the City shall receive, at no
additional cost, a complete listing of the total number of trees inventoried,
and the complete City tree inventory data both in hard copy and in a digital
format compatible with City computers.
2. GPS Tree Inventory
At the City’s direction, contractor will provide the City with a Global
Positioning System (GPS) tree inventory collected by an ISA Certified
Arborist including coordinates for all trees in public spaces. This includes,
but is not limited to, all publicly owned trees on street rights-of-way, parks,
City facilities and open spaces such as medians, green scapes, etc. The
address information contained in inventory should be linked directly to a
Geographical Information System (GIS) program, such as ArcView. The
inventory collector will identify the trees by their global coordinates of
longitude and latitude. By collecting the data using the GPS system, the
City can consolidate the tree data with other various GPS coded programs
in the City. At the end of the project, the City will receive a complete
listing of all sites inventoried, both in hard copy and in the software, which
will enable you to connect the inventory to the City’s GIS program and
create various frequency reports.
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/ArcGIS
compatible "shape file". The new inventory shall be capable of showing
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the location of every existing tree site and vacancies on the City's existing
GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.)
The consultant’s 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 ArcView. Minimum accuracy shall be
not more than one (1) submeter.
All tree inventory data including GPS and GIS information and all
additional updated information collected during the Contract term shall
become the property of the City of Moorpark. Upon termination of the
Contract, the City shall receive, at no additional cost, a complete listing of
the total number of trees inventoried, and the complete City tree inventory
data both in hard copy and in a digital format compatible with City
computers.
Mobile Application:
Tree inventory program must include a mobile application for field use. All
data must reflect live data as it exists in the Tree inventory program. The
functionality of the mobile application shall include the following minimum
requirements.
• Mobile application must be compatible with Android systems.
• Mobile application must be usable for precision mobility view as
user moves through canopied areas.
• Mobile application must include multiple layering feature including
aerial imagery and street names.
• Mobile application must display tree icons based on precise GPS
coordinates.
• Mobile application must be able to illustrate live work history
records.
• Mobile application must allow a function that permits live data
updates.
• Mobile application must be updated as new work records are
modified.
GPS Inventory Scope of Work:
City shall provide the most up-to-date GPS inventory data to Contractor
upon award of contract. Contractor will manage the entire inventory
project. The project shall include field data collection, data entry, access to
the computer software, and training of City employees on the use of the
system, and support and as an option, conversion of the existing
database. Attributes to be collected by field personnel may include, but is
not limited to:
• Tree Number
• City District/Grid/LLDs/Parks/R-Areas/Residential
• Street
• Location by Address
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• Location by GIS
• Species by botanical name & common name
• Tree diameter
• Tree height
• Tree condition
• Tree dollar value
• Recommended tree care
• Existing overhead Utilities
• Parkway Size
• Parkway Type
3. Inventory Experience
The Contractor shall have at a minimum seven (7) years of experience in
collecting tree inventories for cities and other public agencies and
developing inventory databases, including an extensive program that
simplifies the management of the City’s Urban Forest. The Contractor
shall have developed a complete and comprehensive computer software
program in at least five (5) California cities. The program should have
specialized reports designed specifically for City representatives’ needs.
The program should be developed based on the needs of the City and
allow the City to modify and structure the program specific to our needs.
The user-friendly program should allow customers to generate a variety of
reports quickly. List at least eight (8) completed tree inventories for
California municipalities within the last seven (7) years.
4. Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup,
restore and disaster recovery procedures as may be requested by the
City. The Contractor shall provide complete support rapidly with
experienced staff available to the City during the hours of 7:00 A.M. to
5:00 P.M. Monday through Friday. The Contractor shall be readily
available by telephone, e-mail or may respond to the City’s location within
a timely manner.
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