HomeMy WebLinkAboutStaff Report 7641City of Palo Alto (ID # 7641)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/11/2017
City of Palo Alto Page 1
Summary Title: Urban Forestry Review of Planning and Development
Applications Contract for Services
Title: Approval of Urban Forestry On-Call Services Contract With Davey
Resource Group for Review and Inspection of Planning and Development
Applications in an Amount Not-to-Exceed $200,000 Annually for a Three Year
Term
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or
designee to execute a contract with Davey Resource Group to provide on-call
contract services for urban forestry review of planning and development activities
including individual review for entitlement applications, building permits,
inspection for tree protection fencing,and landscape permit review and
inspection in an amount not to exceed $200,000 annually over a three year term.
Background
Council adopted the Urban Forest Master Plan with specific direction for more
comprehensive review and oversight of development activities to minimize
impacts to the urban forest. To this end, the Municipal Fee Schedule includes fees
for planning entitlement applications for individual review of new single-family
homes (IR Review –Trees), building permits (Public Works Plan Check), tree
protection fencing inspections (Tree Inspection for Private Development), and
three new landscape review and inspection fees as of March 2017. Due to the
normal ebb and flow of development,work load uncertainty presents a situation
where flexible contract staffing may be ideal, with professional and experienced
staff maintaining a prominent role in priority projects and decisions while auditing
contractor performance of routine operations.
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Urban Forestry review for entitlement of Individual Review applications ensures
project plans for new single-family, two-story homes comply with City policies,
municipal code requirements, design guidelines and standard details and
conditions. Applications are reviewed for completeness as well as quality, the
objective being to reduce the negative impacts of construction on trees while also
meeting urban forestry goals. In Fiscal Year 2017 the IR Review –Trees fee was
implemented to recover the cost of Urban Forestry staff time spent reviewing
entitlements. An average review takes approximately 4 hours, including site visits
to verify field conditions, providing comments to Project Planners and entering
comments and related data into permit tracking software. In one year, the City
has received as many as 100 sets of plans for review.
Urban Forestry review of building permits ensures conditions of approval during
entitlement are appropriately transferred, noted or added to the site plans for the
building permit and compliance with tree protection guidelines for those projects
without entitlement. The review process includes helping applicants understand
requirements and urban forestry policies;coordinating with City staff to ensure
understanding and inclusion of urban forestry requirements and resolve conflicts
between trees and infrastructure; processing tree permits;data entry;and
reviewing and revising administrative processes as needed, averaging
approximately 20 hours of staff time per week.From March 2015 through June
2016, contract services were utilized for urban forestry building permit review
and offset by billing applicants for the costs of the services provided by the
vendor. Since June 2016, the contract has not been renewed and Urban Forestry
review has been on hold.
Tree protection fencing is required with most building permits to ensure proper
fencing is installed and maintained throughout the project. The Tree Protection
for Private Development municipal fee recovers the cost of site visits to inspect
for City and local codes, regulations, ordinances and policies and procedures
compliance; advising applicants of inspection results and corrections if needed;
data entry;and reporting non-compliance or code violations. Staff has completed
an average of 500 inspections per year.
Landscape review and inspection procedures were recently enhanced to align
with the updated California Model Water Efficient Landscape Ordinance
City of Palo Alto Page 3
(MWELO). A municipal fee was created (effective March 2017) for landscape
review and inspection. Contract services for review and inspection will ensure
compliance with MWELO and Palo Alto municipal code and policies.
Discussion
Council adopted the Urban Forest Master Plan (UFMP) in May 2015, tasking the
Urban Forestry Section with implementing 97 new programs over a ten-year
period, 52 of which are to be implemented in the first three years. The additional
workload reduces staff’s ability to conduct timely urban forestry reviews of
entitlement and building applications and inspect tree protection fencing. At the
same time development activity has increased annually.
Having utilized contractors to provide development services, staff recognizes the
opportunity to contract routine services that span the development process from
entitlement review to final inspection, without sacrificing quality, the ability to
respond to cyclical demands or a high level of customer service.
On October 6, 2016, staff issued an RFP to seek consultants that provide on-call
services for urban forestry review of development projects. Included in the scope
of work were detailed specifications for each of the four services, individual
review for entitlement applications, building permits, inspection for tree
protection fencing, and landscape permit review, along with minimum
qualifications and performance metrics for each.
The evaluation panel recommended one of the two consultants who submitted
bids. The selection was based on the strength of proposal, experience with the
work required, familiarity with Palo Alto and understanding of its municipal code
and ordinances, ability to provide quality control checks, qualified staff, customer
service, and total cost to the City. Staff issued a Notice of Award on November
30, 2016.
The negotiated contract is included as an attachment to this report, and the total
recommended capacity for this contract over three years is $600,000. These
combined projects will require dedicated full-time review and inspection services.
In addition, the recommended contract capacity will allow the department to
adjust staffing as necessary to complete programmatic initiatives of the UFMP
City of Palo Alto Page 4
and maintain an Insurance Services Office (ISO) level 1 rating (the highest), which
requires a level of staffing sufficient to provide high quality and timely work.
Resource Impact
Contract funding is available in the Public Works and Development Services
departments’budgets and offset by billing applicants for the costs of the services
provided by the vendor.
Policy Implications
Approval of this contract will allow Public Works, Urban Forestry to continue
meeting service delivery goals established as part of the Comprehensive Plan,
Urban Forest Master Plan and California Water Efficient Landscape Ordinance.
Environmental Review
Approval of this contract is not a project under the California Environmental
Quality Act (CEQA) and therefore no environmental review is required.
Attachments:
·S17165735 Davey Tree Expert Company Contract
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CITY OF PALO ALTO CONTRACT NO. S17165735
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
DAVEY RESOURCE GROUP, A DIVISION OF THE DAVEY TREE EXPERT
COMPANY FOR PROFESSIONAL SERVICES
This Agreement is entered into on this 7th day of February, 2017, (“Agreement”)
by and between the CITY OF PALO ALTO, a California chartered municipal corporation
(“CITY”), and DAVEY RESOURCE GROUP, A DIVISION OF THE DAVEY TREE EXPERT
COMPANY, an Ohio corporation, located at 1500 North Mantua Street, Kent, Ohio, 44240,
("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to contract for certain urban forest services related to development review,
including Building Permit Review, Individual Review for Entitlement, Tree Protection Fencing
Inspection, and Landscape Review and Permit Inspection (“Project”), and desires to engage a
consultant to provide services in connection with the Project (“Services”).
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to provide
the Services as more fully described in Exhibit “A”, attached to and made a part of this
Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
in this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described at
Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The
performance of all Services shall be to the reasonable satisfaction of CITY.
SECTION 2. TERM.
The term of this Agreement shall be from the date of its full execution through December 31,
2019 unless terminated earlier pursuant to Section 19 of this Agreement.
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SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance
of Services under this Agreement. CONSULTANT shall complete the Services within the term
of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and
made a part of this Agreement. Any Services for which times for performance are not specified
in this Agreement shall be commenced and completed by CONSULTANT in a reasonably
prompt and timely manner based upon the circumstances and direction communicated to the
CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall
not preclude recovery of damages for delay if the extension is required due to the fault of
CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit “A” (“Basic Services”),
and reimbursable expenses, shall not exceed Two Hundred Thousand Dollars ($200,000.00) per
each one year period, for a total contract not-to-exceed amount of Six Hundred Thousand Dollars
($600,000.00). CONSULTANT agrees to complete all Basic Services, including reimbursable
expenses, within this amount. The applicable rates and schedule of payment are set out at Exhibit
“C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this
Agreement. Any work performed or expenses incurred for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to the
CITY.
Additional Services, if any, shall be authorized in accordance with and subject to the provisions
of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services
performed without the prior written authorization of CITY. Additional Services shall mean any
work that is determined by CITY to be necessary for the proper completion of the Project, but
which is not included within the Scope of Services described at Exhibit “A”.
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly
invoices to the CITY describing the services performed and the applicable charges (including an
identification of personnel who performed the services, hours worked, hourly rates, and
reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-
1”). If applicable, the invoice shall also describe the percentage of completion of each task. The
information in CONSULTANT’s payment requests shall be subject to verification by CITY.
CONSULTANT shall send all invoices to the City’s project manager at the address specified in
Section 13 below. The City will generally process and pay invoices within thirty (30) days of
receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be
performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT
represents that it possesses the professional and technical personnel necessary to perform the
Services required by this Agreement and that the personnel have sufficient skill and experience
to perform the Services assigned to them. CONSULTANT represents that it, its employees and
subconsultants, if permitted, have and shall maintain during the term of this Agreement all
licenses, permits, qualifications, insurance and approvals of whatever nature that are legally
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required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet the
professional standard and quality that prevail among professionals in the same discipline and of
similar knowledge and skill engaged in related work throughout California under the same or
similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of
and in compliance with all federal, state and local laws, ordinances, regulations, and orders that
may affect in any manner the Project or the performance of the Services or those engaged to
perform Services under this Agreement. CONSULTANT shall procure all permits and licenses,
pay all charges and fees, and give all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs,
including, but not limited to, increases in the cost of Services, arising from or caused by
CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections
such errors and omissions, any change order markup costs, or costs arising from delay caused by
the errors and omissions or unreasonable delay in correcting the errors and omissions.
SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works
project, CONSULTANT shall submit estimates of probable construction costs at each phase of
design submittal. If the total estimated construction cost at any submittal exceeds ten percent
(10%) of CITY’s stated construction budget, CONSULTANT shall make recommendations to
CITY for aligning the PROJECT design with the budget, incorporate CITY approved
recommendations, and revise the design to meet the Project budget, at no additional cost to
CITY.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person employed by or
contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act
as and be an independent contractor and not an agent or employee of CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall not
assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT’s obligations hereunder without the prior written consent of the city manager.
Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of
the work to be performed under this Agreement without the prior written authorization of the city
manager or designee.
CONSULTANT shall be responsible for directing the work of any subconsultants and for any
compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning
compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a
subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval
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of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Anne Fenker to
have supervisory responsibility for the performance, progress, and execution of the Services and
to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause
the substitution of the project director, project coordinator, or any other key personnel for any
reason, the appointment of a substitute project director and the assignment of any key new or
replacement personnel will be subject to the prior written approval of the CITY’s project
manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY
finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat
to the adequate or timely completion of the Project or a threat to the safety of persons or
property.
CITY’s project manager is Courtney Schumm, Public Works Department, Municipal Service
Center Division, 3201 East Bayshore Road, Palo Alto, CA 94303, Telephone: (650) 496-6946.
The project manager will be CONSULTANT’s point of contact with respect to performance,
progress and execution of the Services. CITY may designate an alternate project manager from
time to time.
SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including
without limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests developed under this Agreement shall be and remain the
exclusive property of CITY without restriction or limitation upon their use. CONSULTANT
agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall
be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other
intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if
any, shall make any of such materials available to any individual or organization without the
prior written approval of the City Manager or designee. CONSULTANT makes no
representation of the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time
during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records
pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and
retain such records for at least three (3) years after the expiration or earlier termination of this
Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect,
indemnify, defend and hold harmless CITY, its Council members, officers, employees and
agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees, court
costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to
performance or nonperformance by CONSULTANT, its officers, employees, agents or
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contractors under this Agreement, regardless of whether or not it is caused in part by an
Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed
to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the
active negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT’s services and duties by CITY shall
not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall
survive the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance
or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions,
ordinance or law, or of any subsequent breach or violation of the same or of any other term,
covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in
full force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement
naming CITY as an additional insured under any general liability or automobile policy or
policies.
18.2. All insurance coverage required hereunder shall be provided through
carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all contractors of
CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in
full force and effect during the term of this Agreement, identical insurance coverage, naming
CITY as an additional insured under such policies as required above.
18.3. Certificates evidencing such insurance shall be filed with CITY
concurrently with the execution of this Agreement. The certificates will be subject to the
approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of
the cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days’ notice to CONSULTANT, CONSULTANT shall provide the
Purchasing Manager written notice of the cancellation or modification within two (2) business
days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for
ensuring that current certificates evidencing the insurance are provided to CITY’s Chief
Procurement Officer during the entire term of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be
construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification
provisions of this Agreement. Notwithstanding the policy or policies of insurance,
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CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss
caused by or directly arising as a result of the Services performed under this Agreement,
including such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.
19.1. The City Manager may suspend the performance of the Services, in whole
or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior
written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will
immediately discontinue its performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its
performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but
only in the event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the
City Manager immediately any and all copies of studies, sketches, drawings, computations, and
other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or
given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such
materials will become the property of CITY.
19.4. Upon such suspension or termination by CITY, CONSULTANT will be
paid for the Services rendered or materials delivered to CITY in accordance with the scope of
services on or before the effective date (i.e., 10 days after giving notice) of suspension or
termination; provided, however, if this Agreement is suspended or terminated on account of a
default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such
determination may be made by the City Manager acting in the reasonable exercise of his/her
discretion. The following Sections will survive any expiration or termination of this Agreement:
14, 15, 16, 19.4, 20, and 25.
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY
will operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by
certified mail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
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To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently
has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this
Agreement, it will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under this
Agreement is an officer or employee of CITY; this provision will be interpreted in accordance
with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the
State of California.
21.3. If the Project Manager determines that CONSULTANT is a “Consultant”
as that term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
21.4. In performance of this agreement, the CONSULTANT and/or its employees,
while working on behalf of the City, shall not solicit private tree consulting or assessment work
associated with development projects within the city limits of Palo Alto for the duration of this
Contract, nor shall CONSULTANT recommend Any Commercial tree service provider. Should
CONSULTANT, through the course of routine business operations, be retained to provide other
services within the city limits, CONSULTANT will disclose the relationship, location and
project description to the CITY Project Manager. Violation of this provision may be cause for
termination of this Contract.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section
2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color, gender, age,
religion, disability, national origin, ancestry, sexual orientation, housing status, marital status,
familial status, weight or height of such person. CONSULTANT acknowledges that it has read
and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO
WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Department,
incorporated by reference and may be amended from time to time. CONSULTANT shall comply
with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste
Program. Zero Waste best practices include first minimizing and reducing waste; second,
reusing waste and third, recycling or composting waste. In particular, CONSULTANT shall
comply with the following zero waste requirements:
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(a) All printed materials provided by CONSULTANT to CITY generated from a
personal computer and printer including but not limited to, proposals, quotes,
invoices, reports, and public education materials, shall be double-sided and
printed on a minimum of 30% or greater post-consumer content paper, unless
otherwise approved by CITY’s Project Manager. Any submitted materials printed
by a professional printing company shall be a minimum of 30% or greater post-
consumer material and printed with vegetable based inks.
(b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including but not
limited to Extended Producer Responsibility requirements for products and
packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no
additional cost to CITY, for reuse or recycling. CONSULTANT shall provide
documentation from the facility accepting the pallets to verify that pallets are not
being disposed.
SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE.
CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter
4.62 (Citywide Minimum Wage), as it may be amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of
work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay
such employees no less than the minimum wage set forth in Palo Alto Municipal Code section
4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In
addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance
in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 25. NON-APPROPRIATION
25.1. This Agreement is subject to the fiscal provisions of the Charter of the
City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are only
appropriated for a portion of the fiscal year and funds for this Agreement are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC
WORKS CONTRACTS
26.1 This Project is not subject to prevailing wages. CONSULTANT is not
required to pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7 if the contract is not a public works contract, if the contract does not
include a public works construction project of more than $25,000, or the contract does not
include a public works alteration, demolition, repair, or maintenance (collectively,
‘improvement’) project of more than $15,000.
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SECTION 27. MISCELLANEOUS PROVISIONS.
27.1. This Agreement will be governed by the laws of the State of California.
27.2. In the event that an action is brought, the parties agree that trial of such
action will be vested exclusively in the state courts of California in the County of Santa Clara,
State of California.
27.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection with that
action. The prevailing party shall be entitled to recover an amount equal to the fair market value
of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third
parties.
27.4. This document represents the entire and integrated agreement between the
parties and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the parties.
27.5. The covenants, terms, conditions and provisions of this Agreement will
apply to, and will bind, the heirs, successors, executors, administrators, assignees, and
consultants of the parties.
27.6. If a court of competent jurisdiction finds or rules that any provision of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this
Agreement and any amendments thereto will remain in full force and effect.
27.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred to in
any duly executed amendment hereto are by such reference incorporated in this Agreement and
will be deemed to be a part of this Agreement.
27.8 In the event of a conflict between the terms of this Agreement and the
exhibits hereto or CONSULTANT’s proposal (if any), the Agreement shall control. In the case
of any conflict between the exhibits hereto and CONSULTANT’s proposal, the exhibits shall
control.
27.9 If, pursuant to this contract with CONSULTANT, CITY shares with
CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d)
about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable
and appropriate security procedures to protect that Personal Information, and shall inform City
immediately upon learning that there has been a breach in the security of the system or in the
security of the Personal Information. CONSULTANT shall not use Personal Information for
direct marketing purposes without City’s express written consent.
27.10 All unchecked boxes do not apply to this agreement.
27.11 The individuals executing this Agreement represent and warrant that they
have the legal capacity and authority to do so on behalf of their respective legal entities.
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27.12 This Agreement may be signed in multiple counterparts, which shall, when
executed by all the parties, constitute a single binding agreement
CONTRACT No. S17165735 SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have by their duly authorized
representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
APPROVED AS TO FORM:
DAVEY RESOURCE GROUP, A
DIVISION OF THE DAVEY TREE
EXPERT COMPANY
Attachments:
EXHIBIT “A”: SCOPE OF SERVICES
EXHIBIT “B”: SCHEDULE OF PERFORMANCE
EXHIBIT “C”: COMPENSATION
EXHIBIT “C-1”: SCHEDULE OF RATES
EXHIBIT “D”: INSURANCE REQUIREMENTS
DocuSign Envelope ID: 832A527B-715C-455A-9EA8-68AB9CDF7534
Vice President, Utility Operations
Jack McCabe
Treasurer
Chris Bast
Professional Services
Rev. April 27, 2016
11
EXHIBIT “A”
SCOPE OF SERVICES
All consulting services require providing recommendations based on arboricultural best
management practices, the City’s Tree Technical Manual (TTM), the California Model Water
Efficient Landscape Ordinance and City policies and procedures.
SERVICES
Building Permit Review Technician, Individual Review for Entitlement Consultant, Tree
Protection Fencing Inspector, and Landscape Review and Permit Inspector.
Section A. Individual Review for Entitlement Services Consultant
The objective of Individual Review is to reduce the negative impacts of construction on trees.
CONSULTANT shall be responsible for providing individual plan review assistance as
requested by the CITY on an as-needed basis with the knowledge, skills and abilities to perform
any combination of the following functions:
1. Ensuring that an Application Plan Set submittal is adequate (complete) or if more
information is required (incomplete), with a focus on commonly needed corrections
including:
a. Ensuring the T-1 sheet Tree Disclosure Statement is complete and signed;
b. Determining if the construction activity will impact the tree protection zone
(TPZ), and require a tree protection report;
c. Verifying protection fencing and other measures are consistent with industry
standard and the Tree Technical Manual (TTM);
d. Verifying that the inventory and map are accurate;
e. Confirming or amending the proposed treatments;
f. Evaluating potential trees that should be “designated” for screening or
significance;
g. Determining if adequate protection is provided for nearby property trees;
especially those with protected status;
h. Determining how construction and landscaping activities (i.e., driveways,
basements, and construction staging areas) will impact trees;
i. Identifying the differences between surveyed existing conditions and proposed
site design;
2. Visiting the site to verify field conditions match the site plan
3. Commenting to the City Planner(s)
a. Thoroughly listing missing site details and Project Arborist omissions or
mistakes;
b. Ensuring the amended site plan and updated tree protection report match the
submission;
c. Issuing updated Conditions of Approval;
4. Entering comments and related data into the Accela permit tracking system
Section A.1 Performance Metrics for Individual Review for Entitlement Services:
• Responding to information requests in a timely manner (usually same day or next day
call/email back)
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• Reviewing an average of 9 plans per month with comments entered within 3 weeks of the
application date
Section A.2 Minimum Qualifications/Certifications for Individual Review for Entitlement
Services
• Five (5) years of current experience performing consulting arborist services in the state of
California
• Current certification as an ISA Certified Arborist and/or ASCA Consulting Arborist
• Minimum one year of experience performing development review in Palo Alto
Section B. Tree Protection Fencing Inspection Services
The objective of tree protection fencing inspection is to ensure that proper tree protection fencing
is in place for regulated trees throughout the duration of development project. CONSULTANT
shall be responsible for providing fencing inspection services as requested by the CITY on an as-
needed basis with the knowledge, skills and abilities to perform any or all of the following
services:
1. Perform all requested field inspections and re-inspections for Tree Protection Fencing
to determine compliance with the adopted Tree Technical Manual (TTM), codes,
applicable laws, regulations, local ordinances, and CITY policies and procedures;
2. Communicate with the applicant if the inspection passed or failed. If failed,
communicate why and corrections needed within a specific timeframe. If passed,
communicate CITY’s maintenance requirements and notification process for
temporary removal or adjustment of protection measures;
3. Coordinate all inspection and re-inspection requests;
4. Enter all records into the Accela permit tracking system. Maintain all records for all
assigned projects as determined necessary by the CITY;
5. Recommend to City staff issuance of citations for non-compliance/municipal code
violations if needed;
Section B.1 Performance Metrics for Tree Protection Fencing Inspection Services
• Available to perform on average 10-11 inspections per week Monday through Thursday.
Perform inspections and record results within 5 days of assignment.
• Respond to information requests in a timely manner (usually same day or next day call/email
back).
Section B.2 Minimum Qualifications/Certifications for Individual Review for Tree
Protection Fencing Inspection Services
• Current certification as an ISA Certified Arborist and/or ASCA Consulting Arborist
Section C. Building Permit Review Technician Services
The objective of the building permit review technician is to ensure tree protection measures on
building applications comply with City policies and procedures. CONSULTANT shall be
responsible for providing building permit technical services as requested by the CITY on an as-
needed basis with the knowledge, skills and abilities to perform any or all of the following
services:
1. Review building permits and provide plan check comments to applicants to ensure
compliance with the Palo Alto Municipal Code, Tree Technical Manual, arboricultural
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best management practices, policies and procedures. Verify that conditions of approval
during entitlement have been appropriately transferred, noted or added to the site plans
for the building permit. Communicate with applicants to confirm or clarify
requirements;
2. Process Regulated Tree Permits for removal and replacement of regulated trees
requiring fee collection and/or associated with site development review;
3. Communicate information to the public (residents, realtors, architects,
CONSULTANTs, arborists, etc.) about urban forestry operations, policies, and plan
check through daily customer service at the public information counter (Development
Center);
4. Coordinate with city staff to ensure understanding and inclusion of urban forestry
requirements in development review activities. Collaborate with representatives from
departments at the Development Center to resolve conflicts between trees and
infrastructure;
5. Enter all administrative documentation into the Accela permit tracking system.
Maintain all records for all assigned projects as determined necessary by the CITY;
6. Review and revise administrative processes as needed under direction of the Planning
Arborist or Urban Forester;
Section C.1. Performance Metrics for Building Permit Technician Services:
• Available for the Development Center public counter a minimum of 3 hours per day Monday
through Thursday, while performing duties associated with building permit review
• Respond to information requests in a timely manner (usually same day or next day call/email
back)
• Provide an average of 23 building permit plan checks per month
• Intake and process an average of 7 Regulated Tree Permits per month
Section C.2 Minimum Qualifications/Certifications for Individual Review for Building
Permit Technician
• Five (5) years of current experience performing consulting arborist services in the state of
California
• Current certification as an ISA Certified Arborist and/or ASCA Consulting Arborist
• Minimum one year of experience performing development review in Palo Alto
Section D. Landscape Review and Permit Inspector
The objective of the landscape permit inspector is to ensure landscape design, installation,
maintenance and management are water efficient, and comply with City policies and procedures.
The scope of work may include, but is not limited to the following:
1. Review all landscape plan permit applications for compliance with the applicable Palo
Alto ordinances;
2. Assist applicants, when necessary or requested, in completing the application through
phone, email or personal contact in the office by providing information, clarifying the
requirements and offering suggestions;
3. Perform reviews and assist customers in the offices of Development Services;
4. Conduct site inspection to confirm the applicant installed landscaping in accordance
with their approved landscape plan. Document site inspection observations with notes
and photographs to confirm the required corrections and omissions are contained in
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the application information.
5. Review all revised and resubmitted landscape permit applications. Based on the results
of the second review and/or inspection, generate comments or recommendations
indicating approval, conditional approval, or rejection and other information required
to obtain a landscape plan permit. Continue to conduct plan reviews of resubmitted
information until the application is approved, withdrawn, or the scope of work no
longer requires a landscape plan permit.
6. Conduct site inspections upon project completion to ensure projects are constructed in
substantial conformance with the approved landscape plans.
7. Provide written inspection results to the Palo Alto staff, contractors and property
owner.
8. Coordinate re-inspection, if necessary, of the site landscaping with the contractors until
approved.
Section D.1. Performance Metrics for Landscape Review and Permit Inspection Services:
• Responding to information requests in a timely manner (usually same day or next day
call/email back).
• Reviewing an average of 12 plans per month with comments entered within 3 weeks of the
application date.
Section D.2 Minimum Qualifications/Certifications for Landscape Review and Permit
Inspection Services
• Current certification as a Landscape Architect licensed in the state of California
• Five (5) years of current experience performing landscape design in the state of California
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
CONSULTANT shall perform the Services so as to complete each milestone within the number
of days/weeks specified below. The time to complete each milestone may be increased or
decreased by mutual written agreement of the project managers for CONSULTANT and CITY
so long as all work is completed within the term of the Agreement.
Milestones Completion
No. of Days/Weeks
From NTP
1. Individual Review for Entitlement Services TBD
2. Tree Protection Fencing Inspection TBD
3. Building Permit Review TBD
4 Landscape Review TBD
CONTRACTOR will possess sufficient resources to provide the services and response times
consistent with the performance requirements specified in Exhibit A, Scope of Services.
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EXHIBIT “C”
COMPENSATION
The CITY agrees to compensate the CONSULTANT for professional services performed
in accordance with the terms and conditions of this Agreement based on the hourly rate
schedule attached as Exhibit C-1.
The compensation to be paid to CONSULTANT under this Agreement for all services,
additional services, and reimbursable expenses shall not exceed the amount(s) stated in
Section 4 of this Agreement. CONSULTANT agrees to complete all Services and
Additional Services, including reimbursable expenses, within this/these amount(s). Any
work performed or expenses incurred for which payment would result in a total exceeding
the maximum amount of compensation set forth in this Agreement shall be at no cost to
the CITY.
REIMBURSABLE EXPENSES
The administrative, overhead, secretarial time or secretarial overtime, word processing,
photocopying, in-house printing, insurance and other ordinary business expenses are
included within the scope of payment for services and are not reimbursable expenses.
CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost.
Expenses for which CONSULTANT shall be reimbursed are: None
All requests for payment of expenses shall be accompanied by appropriate backup
information. Any expense shall be approved in advance by the CITY’s project manager.
ADDITIONAL SERVICES
The CONSULTANT shall provide additional services only by advanced, written
authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s
request, shall submit a detailed written proposal including a description of the scope of
services, schedule, level of effort, and CONSULTANT’s proposed maximum
compensation, including reimbursable expenses, for such services based on the rates set
forth in Exhibit C-1. The additional services scope, schedule and maximum
compensation shall be negotiated and agreed to in writing by the CITY’s Project Manager
and CONSULTANT prior to commencement of the services. Payment for additional
services is subject to all requirements and restrictions in this Agreement.
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EXHIBIT “C-1”
SCHEDULE OF RATES
Service Item Type Rate
Individual Review for Entitlement Each (Per Application) $241.00
Tree Protection Fencing Inspection Each (Per Fence Inspection) $91.00
Building Permit Review Hourly $60.25
Landscape Review and Inspection Each (Per Application) $241.00
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EXHIBIT “D”
INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY
COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT
INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRE
D TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION
EMPLOYER’S LIABILITY
STATUTORY
STATUTORY
YES
GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES
PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS,
MALPRACTICE (WHEN APPLICABLE),
AND NEGLIGENT PERFORMANCE
ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND
EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY
RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY (30) DAY ADVANCE NOTICE TO CITY OF CHANGE IN
COVERAGE OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT
THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL
INSUREDS”
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS
AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER
INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
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B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY
SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER,
BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL
LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON
OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE
CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE
OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN
(10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
VENDORS ARE REQUIRED TO FILE THEIR EVIDENCE OF INSURANCE AND ANY OTHER RELATED NOTICES WITH THE CITY OF PALO ALTO
AT THE FOLLOWING URL:
HTTPS://WWW.PLANETBIDS.COM/PORTAL/PORTAL.CFM?COMPANYID=25569
OR
HTTP://WWW.CITYOFPALOALTO.ORG/GOV/DEPTS/ASD/PLANET_BIDS_HOW_TO.ASP
DocuSign Envelope ID: 832A527B-715C-455A-9EA8-68AB9CDF7534
Certificate Of Completion
Envelope Id: 832A527B715C455A9EA868AB9CDF7534 Status: Completed
Subject: Please DocuSign: S17165735 Davey Tree Expert Company Contract PW.pdf
Source Envelope:
Document Pages: 19 Signatures: 2 Envelope Originator:
Supplemental Document Pages: 0 Initials: 0 Christopher Anastole
Certificate Pages: 2
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US &
Canada)
Payments: 0 250 Hamilton Ave
Palo Alto , CA 94301
chris.anastole@cityofpaloalto.org
IP Address: 12.220.157.20
Record Tracking
Status: Original
1/30/2017 10:12:11 AM
Holder: Christopher Anastole
chris.anastole@cityofpaloalto.org
Location: DocuSign
Signer Events Signature Timestamp
Jack McCabe
jack.mccabe@davey.com
Vice President, Utility Operations
Security Level: Email, Account Authentication
(None)Using IP Address: 10.102.101.12
Sent: 1/31/2017 9:47:30 AM
Viewed: 1/31/2017 10:00:15 AM
Signed: 1/31/2017 10:09:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Chris Bast
chris.bast@davey.com
Treasurer
Security Level: Email, Account Authentication
(None)Using IP Address: 10.102.101.12
Sent: 1/30/2017 10:23:49 AM
Resent: 1/31/2017 10:09:03 AM
Viewed: 1/31/2017 5:30:55 AM
Signed: 1/31/2017 11:28:42 AM
Electronic Record and Signature Disclosure:
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ID:
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Walter Passmore
Walter.Passmore@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Sent: 1/31/2017 11:28:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
ID:
Carbon Copy Events Status Timestamp
Dorothy Dale
Dorothy.Dale@CityofPaloAlto.org
Security Level: Email, Account Authentication
(None)
Sent: 1/31/2017 11:28:44 AM
Electronic Record and Signature Disclosure:
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ID:
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Certified Delivered Security Checked 1/31/2017 11:28:44 AM
Signing Complete Security Checked 1/31/2017 11:28:44 AM
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