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HomeMy WebLinkAboutAGENDA REPORT 2024 0605 CCSA REG ITEM 10MCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 5, 2024 ACTION APPROVED STAFF RECOMMENDATIONS. BY A. Hurtado. M. Consider Waiving the Formal Request for Proposals (RFP) Process for Tree Maintenance Services in Accordance with City Municipal Code Chapter 3.04.120; and Award of Agreement for Tree Maintenance Services to West Coast Arborists, Inc. 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 $350,000 annually, and authorize the City Manager to execute the agreement, subject to final language approval by the City Manager. (Staff: Jeremy Laurentowski, Parks & Recreation Director) Item: 10.M. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director DATE: 06/05/2024 Regular Meeting SUBJECT: Consider Waiving the Formal Request for Proposals (RFP) Process for Tree Maintenance Services in Accordance with City Municipal Code Chapter 3.04.120; and 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 tree maintenance services for the approximately 13,000 trees located in the City’s various landscape maintenance districts, parks and other City maintained properties. Tree maintenance services generally focus on work to maintain the City’s tree canopy such as trimming and pruning, as well as emergency services for public safety. The City’s current contract for tree maintenance services is with West Coast Arborists, Inc. (WCA) and expires on June 30, 2024. The California Public Contract Code (PCC) establishes that landscape maintenance work related to trimming, pruning, and replacement of plants is not considered a “public project” (PCC 22002(d)(4)), and is therefore not subject to the PCC’s public bidding requirement. Tree planting work, which could be regarded as “public project” work under the PCC, is exempt from competitive bidding when the work does not exceed $60,000 (PCC 22032). It should be noted that staff generally obtains separate bids for tree planting and rarely performs such work under the tree maintenance contract. As a result, the City’s tree maintenance services are not subject to public bidding under the PCC. Contracting for these services does, however, require compliance with the Moorpark Municipal Code (MMC). 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 MMC. The procedures prescribed in this Resolution generally follow guidelines set forth in Chapter 3.04, however, Chapter 3.04.120 of the MMC allows the City Council, by majority vote, to “waive the purchasing procedures or alter these Item: 10.M. 426 Honorable City Council 06/05/2024 Regular Meeting Page 2 proceedings to fit a specific purchase, when such waiver is not in violation of state law. (Ord. 16 § 1, 1984)” On January 11, 2024, the City of Carpinteria released a request for proposals (RFP) for tree maintenance services that substantially matches the services that the City requires for its citywide tree maintenance program. These services include general tree trimming, removal, replacement, and emergency services. Carpinteria received two bids for tree maintenance services and, in February, 2024, awarded a contract to WCA based, in part, on the fact that they offered the lowest cost service proposal. DISCUSSION The Carpinteria RFP for tree maintenance services provides the City an opportunity to piggy-back on WCA’s proposal and negotiate a separate contract for tree maintenance services. 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. Additionally, WCA currently manages the City’s tree inventory and maintains information about the City’s tree population through their proprietary software (ArborAccess). The use of ArborAccess is provided at no cost to the City and tracks information such as tree location, species, height, diameter, and work history. The tree inventory includes global coordinate data, allowing staff the ability to manage the City’s inventory and maintenance needs through mobile devices. Because the tree inventory is tracked utilizing global coordinate data, the inventory could be integrated with the City’s Geographical Information System (GIS) program in the future. WCA has held tree maintenance contracts with the City since 2000. Staff has been satisfied with their performance and contracts separately with WCA for various arborist services, such as the completion of the annual High Street Pepper Tree Report. Staff has reviewed WCA’s Carpinteria proposal and feels that the service rates are competitive and cost effective. The most notable cost changes are the regular maintenance costs associated with Grid Trimming and Crew Rentals. The Carpinteria proposal for Grid Trimming is approximately 8% less than the rate provided in WCA’s current agreement. Crew Rental and Emergency Crew Rental (overtime) rates have increased by 8% and 5% respectively. However, even though the new Crew Rental rates are higher than WCA’s current contract, staff anticipates that the City will realize significant annual savings. This is due to the fact that the Carpinteria proposal provides a provision whereby Grid Trimming costs are utilized when there is a grouping of seven (7) trees or more within a 200-yard radius. The City’s current contract with WCA does not provide a similar provision and therefore the contract generally requires Crew Rental rates for work within the parks, on slopes, or other difficult to reach locations. In FY 2023/24, the City paid Crew Rental rates for approximately 89% of the trees that were trimmed in the City. However, staff estimates that approximately 30% to 40% of the City’s tree inventory would now fall under Grid Trimming, resulting in savings to the City. It is somewhat difficult to estimate the actual savings that the City would realize since the variety of services differ 427 Honorable City Council 06/05/2024 Regular Meeting Page 3 from year to year. However, staff believes a conservative estimate would yield savings of approximately 10% to 20% annually. The following is a comparison of WCA’s Carpinteria cost proposal and the rates under the City’s current contract: General Services Carpinteria Proposal Current Contract *Grid Trimming or Annual Street/Park Tree Trimming $94.00/tree $101.60/tree *Off Grid Trimming Street/Park Tree Trimming $160.00/tree N/A – City is currently charged Crew Rental rate Cost per Chinese Elm – pruned every two years (Crown Reduction/Crown Restoration) $344.00/tree N/A – City is currently charged Crew Rental rate Tree and Stump Removal •0”-6” •7”-12” •13”-18” •19”-24’ •>25” $344.00/tree & stump $774.00/tree & stump $1,144.00/tree & stump $1,484.00/tree & stump $2,404.00/tree & stump $39.70/inch per contract $238.20 (6” tree) $476.40 (12” tree) $714.60 (18” tree) $958.80 (24” tree) TBD Stump Removal •12”-24” •25”-36” •>37” $234.00/stump $344.00/stump $474.00/stump $14.70/inch per contract $352.00 (24” stump) $529.00 (36” stump) TBD *Any grouping of seven (7) or more trees in close proximity to one another (approximate 200- yard radius), shall be priced as Grid Trimming even when off the regularly scheduled grid plan. Crew Rental and Emergency Services Carpinteria Proposal Current Contract Regular Rates 4-Person Crew & Equip. 3-Person Crew & Equip. 2-Person Crew & Equip. $416.00/hr. $312.00/hr. $208.00/hr. $95.40/hr. per contract $381.60/hr. $286.20/hr. $190.80/hr. Overtime Rates 4-Person Crew & Equip. 3-Person Crew & Equip. 2-Person Crew & Equip. $496.00/hr. $372.00/hr. $248.00/hr. $117.60/hr. per contract $470.40/hr. $352.80/hr. $235.20/hr. Other Service Costs Carpinteria Proposal Current Contract Crown Reduction/Restoration $394.00/tree N/A – City is currently charged Crew Rental rate Palm Tree Skinning $19.00/linear foot N/A – City is currently charged Crew Rental rate Although WCA’s Carpinteria proposal is generally equivalent to the City’s current contract, several items were not included in the Carpinteria RFP. Because of this, staff contacted 428 Honorable City Council 06/05/2024 Regular Meeting Page 4 WCA in order to obtain pricing for several additional items. As noted earlier, staff will typically obtain bids for tree planting services from several contractors in order to guarantee competitive pricing for these services. Additional Service Costs WCA Proposal Current Contract Tree Only Removal $32.00/inch $27.30/inch Tree Planting (WCA provided trees) 15-gallon w/o Root Barrier 24” box w/o Root Barrier 36” box w/o Root Barrier $170.00 $325.00 $850.00 $124.00 $297.00 $770.50 Tree Planting (City provided trees) 15-gallon w/o Root Barrier 24” box w/o Root Barrier 36” box w/o Root Barrier $134.00 $280.00 $725.00 N/A – not included in the current contract w/WCA It should also be noted that the Carpinteria RFP provides several contract provisions that will be beneficial to the City. Within three (3) months after execution of the Agreement, the bid documents require a complete update of the City’s tree inventory. The City’s tree inventory was completed approximately three years ago and since then, trees have been removed, replaced and have been treated for various diseases and pests. The update will verify all trees are included in the inventory, confirm species and health conditions, re-measure the tree height, trunk diameter and canopy spread, and include any trees that may have been missed during the initial inventory. Additionally, the Carpinteria RFP includes the completion of a Five-Year Tree Maintenance Plan (TMP). The TMP will utilize the tree inventory to prioritize a grid trimming schedule for each of the City’s trees over a five-year cycle. The TMP will identify any trees recommended for removal, and options for replacement, as well as an estimated annual cost for each planning year. The City Attorney has reviewed staff’s proposal to piggy-back on WCA’s Carpinteria proposal, and confirmed that tree maintenance service, including tree planting work that does not exceed $60,000 per year, is not subject to the public bidding requirement of the PCC. The City Attorney concurs the City Council may waive the formal RFP process based on the aforementioned guidelines established in Chapter 3.04.120 of the MMC. WCA has confirmed that they are willing to honor the terms in their Carpinteria proposal. The contract term would be for one (1) year, with an option to extend the contract for four (4) additional one (1) year periods. The agreement includes a cost adjustment at year three (3) and year five (5) of the agreement, whereby WCA’s rates may be increased by an amount not to exceed the annual percentage change in the Consumer Price Index (CPI), All Urban Consumers in the Los Angeles-Riverside-Orange County, CA Area, from January of the prior year to January of the current year, or 5 percent (5%), whichever is 429 Honorable City Council 06/05/2024 Regular Meeting Page 5 less. The contract value will remain at $350,000 annually, for a total potential contract value of $1,750,000 over the 5-year extended term. WCA has the required experience and possesses the necessary licenses to perform tree maintenance services. Staff is recommending that the City Council waive the formal RFP process and award a contract for tree maintenance services to WCA. ENVIRONMENTAL DETERMINATION This action is exempt from the California Environmental Quality Act (CEQA) as it does not constitute a project, as defined by Section 15378 of the State CEQA Guidelines. Therefore, no further environmental review is required. FISCAL IMPACT Funding for tree maintenance services in the City’s parks, landscape maintenance districts, and other City maintained properties is included in the FY 2024/25 Operating Budget. No additional appropriation is requested at this time. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 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 $350,000 annually, and authorize the City Manager to execute the agreement, subject to final language approval by the City Manager. Attachment: Agreement 430 ATTACHMENT 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 ________________________, 2024, 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 June 5, 2024, 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 July 1, 2024, to June 30, 2025, 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 four (4) 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 three hundred fifty thousand dollars ($350,000) annually, including any contract extensions, without a written amendment to the Agreement executed by both parties. Of this amount, the total for tree planting services shall not exceed sixty thousand dollars ($60,000) annually. Payment by City to Contractor shall be in accordance with the provisions of this Agreement. After year two (2) and year four (4) of the agreement, and at the request of the Contractor, rates shown in the Schedule of Compensation may 431 West Coast Arborists, Inc. Page 2 of 48 be increased by an amount not to exceed the lesser of the annual percentage change in the Consumer Price Index (CPI), All Urban Consumers in the Los Angeles-Riverside- Orange County, CA Area, from January of the prior year to January of the current year, or 5 percent (5%). Requests for rate adjustments must be submitted by Contractor to City by or before April 1st in order to be considered for implementation the following July 1st. Failure of Contractor to request an increase by April 1st shall result in Contractor waiving its right to escalate the rates for the subsequent year. 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 432 West Coast Arborists, Inc. Page 3 of 48 spent on the above tasks. This amount shall not exceed the rates or value of three hundred fifty thousand dollars ($350,000) annually, 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 compensation are authorized, in advance, in a written amendment to the agreement executed by both parties. 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. 433 West Coast Arborists, Inc. Page 4 of 48 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 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. 434 West Coast Arborists, Inc. Page 5 of 48 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 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 435 West Coast Arborists, Inc. Page 6 of 48 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. 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, 436 West Coast Arborists, Inc. Page 7 of 48 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]. 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: 437 West Coast Arborists, Inc. Page 8 of 48 To: City Manager City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 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 438 West Coast Arborists, Inc. Page 9 of 48 recover its costs and expenses from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 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. 439 West Coast Arborists, Inc. Page 10 of 48 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 440 West Coast Arborists, Inc. Page 11 of 48 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. 441 West Coast Arborists, Inc. Page 12 of 48 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 premium so paid 442 West Coast Arborists, Inc. Page 13 of 48 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 requirement in no way imposes any additional obligations to the City nor does it waive any rights hereunder in this or any other regard. 443 West Coast Arborists, Inc. Page 14 of 48 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 assumes no obligation or liability by such notice, but has the right (but not the duty) 444 West Coast Arborists, Inc. Page 15 of 48 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. 445 West Coast Arborists, Inc. Page 16 of 48 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. 446 West Coast Arborists, Inc. Page 17 of 48 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 447 West Coast Arborists, Inc. Page 18 of 48 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. 448 West Coast Arborists, Inc. Page 19 of 48 EXHIBIT C TREE MAINTENANCE SERVICES SCHEDULE OF COMPENSATION Price Per Service/Unit: Service/Unit Description Unit Unit Price *Grid Trimming or Annual Street/Park Tree Trimming Per Tree $94.00 *Off Grid Trimming Street/Park Tree Trimming Per Tree $160.00 * Any grouping of seven (7) or more trees in close proximity to one another (approximate 200-yard radius), shall be priced as Grid Trimming even when off the regularly scheduled grid plan. Chinese Elm – pruned every two years (Crown Reduction/Crown Restoration) Per Tree $344.00 Tree and Stump Removal •0”-6” DSH •7”-12” DSH •13”-18” DSH •19”-24’ DSH •>25” DSH Per Tree/Stump $344.00 $774.00 $1,144.00 $1.484.00 $2,404.00 Tree Only Removal Per Inch (DSH) $32.00 Stump Only Removal •12”-24” DSH •25”-36” DSH •>37” DSH Per Stump $234.00 $344.00 $474.00 Tree Planting (contractor provided tree) 15 Gallon w/o RootBarrier Per Tree $170.00 Tree Planting (contractor provided tree) 24” Box w/o RootBarrier Per Tree $325.00 Tree Planting (contractor provided tree) 36” Box w/o RootBarrier Per Tree $850.00 Tree Planting (City provided tree) 15 Gallon w/o RootBarrier Per Tree $134.00 Tree Planting (City provided tree) 24” Box w/o RootBarrier Per Tree $280.00 Tree Planting (City provided tree) 36” Box w/o RootBarrier Per Tree $725.00 Crew Rental and Emergency Services Crew Rental: 4-Person Crew & Equip. 3-Person Crew & Equip. 2-Person Crew & Equip. Per Hour $416.00 $312.00 $208.00 449 West Coast Arborists, Inc. Page 20 of 48 Emergency Crew Rental: 4-Person Crew & Equip. 3-Person Crew & Equip. 2-Person Crew & Equip. Per Hour $496.00 $372.00 $248.00 Crew Rental and Emergency Crew Rental include pickup truck, aerial lift, chipper and chipper truck. Optional Services Crown Reduction/Restoration Per Tree $394.00 Palm Tree Skinning Linear Foot $19.00 Grid Palm Prune 0-20’ Per Tree $74.00 Grid Palm Prune >20’ Per Tree $94.00 Tree Inventory – GPS Coordinate Based Data: $1.20 Tree inventory involving the collection of the tree inventory using Global Positioning System (GPS) Coordinates. Per Tree Site 450 West Coast Arborists, Inc. Page 21 of 48 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. 451 West Coast Arborists, Inc. Page 22 of 48 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, tree removals requiring special arrangements and/or equipment, and emergency services. 452 West Coast Arborists, Inc. Page 23 of 48 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 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 453 West Coast Arborists, Inc. Page 24 of 48 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. 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). 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 454 West Coast Arborists, Inc. Page 25 of 48 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 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. 455 West Coast Arborists, Inc. Page 26 of 48 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. 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. 456 West Coast Arborists, Inc. Page 27 of 48 U.WORK QUALITY AND GENERAL STANDARDS All work performed by Contractor shall comply with good arboreal practice for the particular species of trees being trimmed, shall be consistent with the Pruning Standards as adopted by the International Society of Arboriculture, and/or "Pruning Landscape Trees" by U.C. Agricultural Extension Service #AXT-288. The Contractor shall also meet the requirements of the most current American National Standards, Z133-1-1972, entitled "Safety Requirements for Tree Pruning, Trimming, Repair or Removal," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. The City's designated representative shall determine if the Contractor has met all trimming requirements, and payment shall not be made by the City for trimming that is not in accordance with the above standards. Prior to beginning the work, the Contractor shall review with the City's designated representative the various methods, tools and work scheduling to be used on the specific project to be undertaken. Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the Contractor during the course of trimming shall be reported to the City's designated representative for determination of action, as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks. Daily tree trimming operations shall commence no earlier than 7:00 AM and shall be completed each day no later than 4:30 PM. The Contractor's quality of work for all trimming of trees shall be such that if a tree has been trimmed within the last twenty-four (24) months, and there is an issue such as a limb drop, dead branches, etc., the Contractor will respond as directed by the City's designated representative (whether emergency or standard response) at Contractor's own expense. A work zone shall be established and maintained for each tree trimming or other operations. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members of the Contractor's work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. 457 West Coast Arborists, Inc. Page 28 of 48 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. 458 West Coast Arborists, Inc. Page 29 of 48 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 shall be removed and disposed by contractor. Woodchips 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.GRID 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. 459 West Coast Arborists, Inc. Page 30 of 48 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 k. Selectively prune branches that create sight line conflicts with traffic control signs and/or devices. 460 West Coast Arborists, Inc. Page 31 of 48 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 wood weight. Trees that are identified for a Full Prune shall have no more 461 West Coast Arborists, Inc. Page 32 of 48 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: 462 West Coast Arborists, Inc. Page 33 of 48 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%). • 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. 463 West Coast Arborists, Inc. Page 34 of 48 •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. e.All maintenance tasks and procedures shall be carried out accordingly as described within the CPTMP. 464 West Coast Arborists, Inc. Page 35 of 48 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 g. Conduct specialized pruning or other treatments to correct or respond to unforeseen circumstances Veteran Trees Maintenance Services 465 West Coast Arborists, Inc. Page 36 of 48 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 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, 466 West Coast Arborists, Inc. Page 37 of 48 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 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 467 West Coast Arborists, Inc. Page 38 of 48 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 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 468 West Coast Arborists, Inc. Page 39 of 48 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. 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 469 West Coast Arborists, Inc. Page 40 of 48 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. 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 470 West Coast Arborists, Inc. Page 41 of 48 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 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. 471 West Coast Arborists, Inc. Page 42 of 48 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. 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. 472 West Coast Arborists, Inc. Page 43 of 48 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 Contractor shall 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. Additionally, 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. 1.GPS Tree Inventory No later than three (3) months after execution of contract for Tree Maintenance Services, contractor shall provide a complete city-wide update of the City’s tree inventory at no cost to the City. Tree inventory requests outside of the initial update shall be billed at the rates listed in Exhibit C. The tree inventory shall include 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 473 West Coast Arborists, Inc. Page 44 of 48 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. The 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 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: Contractor will manage the City’s inventory and shall update the tree inventory on a daily basis, or as conditions require (e.g. tree removal, new tree planting, tree trimming operations, etc.). The inventory shall include 474 West Coast Arborists, Inc. Page 45 of 48 field data collection, data entry, access to the computer software, training of City employees on the use of the system, support, and conversion of the existing database to . 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 • Location by GIS • Species by botanical name & common name • Tree diameter • Tree height • Canopy spread • 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. J. FIVE YEAR TREE MAINTENANCE PLAN Within ten (10) months of contract award, Contractor will review citywide tree inventory and will provide the City with a Five-Year Tree Maintenance Plan (TMP). This plan will include an annual grid trimming schedule outlining the plan for 475 West Coast Arborists, Inc. Page 46 of 48 trimming each of the City's trees over a five-year cycle, with exception for trees designated for more frequent trimmings. The TMP will be a five-year prioritized plan that identifies trees that need to be removed and replaced, as well as filling of vacancies. The TMP will present three (3) tree species as options for each tree site recommended for replacement. The options will take into account any of the City's appropriate planning documents such as the City's General Plan, as well as spacing concerns, area for planting, sidewalks, existing landscape, watering needs, etc. The TMP will include an estimated annual cost for each of the five years, for removal and replacement, assuming a 24" box replacement. K.TREE PLANTING 1.Tree Planting Tree planting consists of the installation of a nursery stock container or palm trees supplied by the Contractor. a.The Contractor shall comply with all general standards described herein. b.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 tree being planted. The Contractor will provide the City with a copy of the bill of lading (or other such documentation) indicating the nursery from which the tree is purchased. d. Brown trunk height (BTH) for palm trees shall be measured from the top of the root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. e.Planting stock shall be well watered prior to shipping and covered during 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. f.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's 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 476 West Coast Arborists, Inc. Page 47 of 48 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. g. 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. h. The Contractor shall install the tree or palm so that the top of the root ball is two (2) inches above the 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 or palm so that the top of the root ball is two (2) inches above the surrounding finished grade. The Contractor shall not resort to cutting or trimming the root ball as a means of meeting grade standards. i. 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 percent (10%) well decomposed organic fines. j. The Contractor shall backfill palm plantings with one hundred percent (100%) washed mortar (plaster) sand. k. 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. I. The Contractor shall be responsible for the stability of all planted trees. The nursery stake shall 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 one hundred eighty degrees (180°) opposite the other stake. The root ball shall not be damaged by the installation of stakes. The stakes 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 installed as per the manufacturer's specifications. 477 West Coast Arborists, Inc. Page 48 of 48 m.The Contractor shall not use hoses, equipment or water from private properties while installing or watering parkway trees. n.If a new tree dies within a one (1) year period from planting, the Contractor shall replace it with a like specimen within seven (7) working days of discovery, at the Contractor's expense, with the exception of trees that are deemed dead due to vandalism, weather, or neglect of the property owner. o.If a new tree is determined to be diseased within two (2) years of planting, the Contractor shall either treat the tree by Contractor’s Plant Health Care Division, or replace it with a like specimen, within seven (7) working days of discovery, at the Contractor's expense. 478