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HomeMy WebLinkAboutStaff Report 7056 City of Palo Alto (ID # 7056) City Council Staff Report Report Type: Consent Calendar Meeting Date: 6/27/2016 City of Palo Alto Page 1 Summary Title: Three Year Contract for Tree Pruning and Removal Services Title: Approval of a Contract with West Coast Arborists, Inc., in an Amount Not-to-Exceed $3,680,960 for Three Years for Tree Pruning and Removal Services on a Ten-year Maintenance Cycle From: City Manager Lead Department: Public Works Recommendation Staff recommends that Council approve and authorize the City Manager or his designee to execute the attached three-year contract with West Coast Arborists Inc. (Attachment A) in an amount not to exceed $3,680,960 for tree pruning and removal services on a ten-year maintenance cycle. Background The City has contracted tree pruning and removal services since 2000, providing a proactive cycle of basic tree maintenance for designated areas in the City. Area contracts allow City tree maintenance personnel to respond to varied work tasks including tree removals, plantings and pruning requests in areas outside the contract maintenance area. The most recent tree removal and pruning contract, initiated in 2013, was awarded to West Coast Arborists Inc. (CMR #3252) as a one-year contract with two one-year mutual renewal options to perform tree maintenance for approximately 5,054 trees along street corridors within the City’s limits. The following amendments were executed to extend the contract term and/or add funding:  Amendment No. 1 corrected the original contract agreement termination date of June 30, 2015 to January 13, 2016; City of Palo Alto Page 2  Amendment No. 2 (CMR #5270) added $182,410 and extended the term of the contract to March 14, 2016 to address backlogged pruning work orders, the increase in drought-related work orders and to provide staff more time to complete the Request for Quotations process for a replacement contract;  Amendment No. 3 extended the contract term to June 30, 2016 to bridge the gap between the contract expiration and the expected City Council approval of a new contract; and  Amendment No. 4 added $117,000 to provide additional funding so that tree pruning and removal services could continue until the June 30, 2016 expiration date, thereby increasing the not-to-exceed amount for the three-year contract from $1,050,000 to $1,349,410. A Request for Quotation (RFQ) for Tree Pruning and Removal Services developed in 2015 added 22% more trees, increasing from 5,050 in the previous contract to 6,150 due to the Urban Forest Master Plan directive to maintain trees throughout City parks, open space, golf course, facilities and other green space areas, historically pruned on a reactionary basis. Also added was an increase of 300 stump sites due to the absorption of a stand-alone stump grinding contract and an increase in the number of tree removals due to increased mortality from the cumulative effects of drought. Owing to the unexpectedly high bids received from contractors, staff chose to align the contract award with the new fiscal budget year. During budget hearings on May 19, 2016, staff addressed Finance Committee’s questions related to the higher than expected contract bids and need for additional budget, specifically the ramifications of adding parks and open space trees to the scope of services and cost savings associated with extending the maintenance cycles from seven to ten or fifteen years. Discussion Summary of Bid Process On December 30, 2015, an RFQ for three years of Tree Pruning and Removal Services was posted on the City’s website and sent to seven arboricultural companies. The bidding period was 29 days. A pre-bid meeting was held January 13, 2016. Bids were received from two qualified contractors on January 28 as listed in the bid summary (Attachment B). City of Palo Alto Page 3 Summary of Bid Process Bid Name/Number Tree Pruning and Removal Services/RFQ 162020 Proposed Length of Project 3 years Total Days to Respond to Bid 29 Bids Due January 28, 2016 Pre-Bid Meeting Yes Number of Company Attendees at Pre-Bid Meeting 4 Number of Bids Received 2 Bid Price Range From a low of $4,702,450 to a high of $13,462,985 Bids ranged from $4,702,450 to $13,462,985. The quantities given in the bid schedule were based on an average amount of work that might be expected in a twelve-month period and only given as a basis for comparison of bids with no guarantee the actual amount or proportion of work would correspond therewith. Staff expected more contractors to submit competitive bids, however post-bid closing phone interviews revealed they declined to bid due to inadequate crews and equipment resources, overtime hours and workload from the catastrophic fire season, backlogs in work due to drought and El Nino response, and inability to compete with West Coast Arborists’ rates. Staff reviewed all bids submitted and recommends West Coast Arborists Inc. be declared the lowest responsible bidder. West Coast Arborists’ rates for tree pruning, removal services and specialty equipment are comparable to those of several Bay Area municipalities, including San Mateo, Redwood City, Mountain View, Menlo Park, El Cerrito, Santa Clara, Orinda and Sacramento and within current market rates. Staff confirmed with the Contractor’s State License Board that West Coast Arborists Inc. has an active license on file. West Coast Arborists has performed satisfactory work for the City on a similar multi-year contract from 2013 - 2016 for tree pruning and removal services. City of Palo Alto Page 4 Results from the lowest, responsible bidder indicate a significant increase for services compared to the prior contract. Cost increases are attributed, but not limited to an increase in project scope, an increase in demand rates and removal work due to drought, and changes in labor agreements and prevailing wage requirements. Nonetheless, staff was tasked with exploring cost reduction alternatives with the fewest negative consequences and thereby presented exectutive leadership with cost analyses on expanded maintenance cycles of ten and fifteen years. In turn those analyses were shared with Finance Committee during budget hearings on May 19, 2016. The current cycle maintenace is calculated to ensure every street, park, open space and facility tree is pruned once every seven years. The cost breakdown of all three cycle maintenance options is outlined in Attachment D. Finance Committee tentatively approved and recommends to Council the increase in budget to accommodate a ten-year tree maintenance cycle. Staff concurs. Anything longer poses an unacceptable amount of risk and may lead to increased liabilites due to hazardous tree situations; increased service request calls and response time to customers resulting in a backlog of work and complaints, as well as a possibility of lower citizen ratings in annual performance surveys; and/or more aggressive pruning of trees in one maintenance cycle, resulting in a potential decline in tree health, decreased longevity and increase in wood waste generated. There are six Maintenance Areas in the City. With this contract in place, the first year objective will be routine pruning for clearance and safety of street trees in Maintenance Area 2, with subsequent years focusing on Maintenance Areas 3 and 4 (Attachment C). On-demand services will not be diminished should emergency or priority situations arise in other areas of the city. Tree maintenance operations will be conducted in accordance with current standards as established by the American National Standard Institute ANSI A300 Tree, Shrub and other Woody Plant Maintenance – Standard Practices; ANSI Z133 Safety Requirements for Arboricultural Operations; and standards as defined in “Best Management Practices” publications. Each contract crew will be led by an International Society of Arboriculture (ISA) Certified Tree Worker and all crews will be supervised by an ISA Certified Arborist. City of Palo Alto Page 5 The term of the contract will be up to three years. Staff has found multi-year contracts to be advantageous as they allow a contractor to amortize major equipment purchases, retain highly qualified workers and provide lower bid prices for work. The average annual cost for each year of this 3-year contract is $1,226,986.66 compared to approximately $450,000 in the previous contract. The bid establishes the unit and hourly rates for each type of work, along with a contingency for emergency services. Extending the maintenance cycle from seven to ten years results in 4,308 trees being pruned per year, a total three-year bid of $3,680,960 and total contract savings of $1,021,490. Due to the negative implications of defering tree maintenance and the strong correlation between a healthy, well-maintained tree population and municipal revenue sources, staff concurs with Finance Committee in recommending a 10- year maintenenace cycle as part of this three-year contract with West Coast Aborists Inc. for tree pruning and removal services. Resource Impact Funds for this contract are available in the FY 2017 and subsequent years’ Public Works general fund operating budgets. Policy Implications This recommendation fulfills policy outlined in the Urban Forest Master Plan to perform tree management and maintenance in parks and open spaces and to transfer responsibility from Community Services Department, Parks Division to Public Works Department, Public Services Division. Environmental Review The recommended action is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301(h) (maintenance of existing landscape). Attachments:  Attachment A - Contract (PDF)  Attachment B - Bid Summary (PDF)  Attachment C - City Map Areas (PDF)  Attachment D - Cycle Maintenance Pruning Options 7-10-15 (PDF) 1 City of Palo Alto General Services Agreement Rev. April 27, 2016 CITY OF PALO ALTO CONTRACT NO. C17162020 GENERAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on the 27th day of June, 2016, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and WEST COAST ARBORIST, INC a California corporation, located at 2200 E. Via Burton, Anaheim, CA 92806 , Telephone Number: 714-991-1900 (“CONTRACTOR”). In consideration of their mutual covenants, the parties hereto agree as follows: 1. SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”) described in the Scope of Services, attached at Exhibit A. 2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement: “A” - Scope of Services “A-1” –Area Map “A-2” Map Zones “B” - Schedule of Performance “C” – Schedule of Fees “D” - Insurance Requirements CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED. 3. TERM. The term of this Agreement is from July 1, 2016 to June 30, 2019 inclusive, subject to the provisions of Sections Q and V of the General Terms and Conditions. 4. SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within the term of this Agreement in a reasonably prompt and timely manner based upon the circumstances and direction communicated to CONTRACTOR, and if applicable, in accordance with the schedule set forth in the Schedule of Performance, attached at Exhibit B. Time is of the essence in this Agreement. 5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees to accept as not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if any: The total maximum lump sum compensation of dollars ($ ); DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 2 City of Palo Alto General Services Agreement Rev. April 27, 2016 OR The sum of dollars ($ ) per hour, not to exceed a total maximum compensation amount of dollars ($ ); OR A sum calculated in accordance with the fee schedule set forth at Exhibit C, not to exceed a total maximum compensation amount of Three Million Six Hundred Eighty Thousand Nine Hundred Sixty dollars ($3,680,960.00). CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total maximum compensation set forth above. Any hours worked or services performed by CONTRACTOR for which payment would result in a total exceeding the maximum amount of compensation set forth above for performance of the Services shall be at no cost to CITY. CITY has set aside the sum of dollars ($ ) for Additional Services. CONTRACTOR shall provide Additional Services only by advanced, written authorization from the City Manager or designee. CONTRACTOR, at the CITY’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONTRACTOR’s proposed maximum compensation, including reimbursable expense, for such services. Compensation shall be based on the hourly rates set forth above or in Exhibit C (whichever is applicable), or if such rates are not applicable, a negotiated lump sum. CITY shall not authorize and CONTRACTOR shall not perform any Additional Services for which payment would exceed the amount set forth above for Additional Services. Payment for Additional Services is subject to all requirements and restrictions in this Agreement. 6. COMPENSATION DURING ADDITIONAL TERMS. CONTRACTOR’S compensation rates for each additional term shall be the same as the original term; OR CONTRACTOR’s compensation rates shall be adjusted effective on the commencement of each Additional Term. The lump sum compensation amount, hourly rates, or fees, whichever is applicable as set forth in section 5 above, shall be adjusted by a percentage equal to the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco-Oakland- San Jose area, published by the United States Department of Labor Statistics (CPI) which is published most immediately preceding the commencement of the applicable Additional Term, which shall be compared with the CPI published most immediately DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 3 City of Palo Alto General Services Agreement Rev. April 27, 2016 preceding the commencement date of the then expiring term. Notwithstanding the foregoing, in no event shall CONTRACTOR’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding term. Any adjustment to CONTRACTOR’s compensation rates shall be reflected in a written amendment to this Agreement. 7. INVOICING. Send all invoices to CITY, Attention: Project Manager. The Project Manager is: Courtney Schumm, Dept.: Public Works, Telephone: (650) 496-6946. Invoices shall be submitted in arrears for Services performed. Invoices shall not be submitted more frequently than monthly. Invoices shall provide a detailed statement of Services performed during the invoice period and are subject to verification by CITY. CITY shall pay the undisputed amount of invoices within 30 days of receipt. GENERAL TERMS AND CONDITIONS A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of this Agreement. This Agreement includes and is limited to the terms and conditions set forth in sections 1 through 7 above, these general terms and conditions and the attached exhibits. B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise and qualifications to complete the services described in Section 1 of this Agreement, entitled “SERVICES,” and that every individual charged with the performance of the services under this Agreement has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Services. CITY expressly relies on CONTRACTOR’s representations regarding its skills, knowledge, and certifications. CONTRACTOR shall perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations. C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the performance of this Agreement, CONTRACTOR and any person employed by CONTRACTOR shall at all times be considered an independent CONTRACTOR and not an agent or employee of CITY. CONTRACTOR shall be responsible for employing or engaging all persons necessary to complete the work required under this Agreement. D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any Services under this Agreement unless CONTRACTOR obtains prior written consent of CITY. CONTRACTOR shall be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 4 City of Palo Alto General Services Agreement Rev. April 27, 2016 E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of CONTRACTOR’s business. F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services comply with all applicable federal, state and local laws, ordinances, regulations, and orders. G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR 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, CONTRACTOR 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, CONTRACTOR shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060. H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole expense, repair in kind, or as the City Manager or designee shall direct, any damage to public or private property that occurs in connection with CONTRACTOR’s performance of the Services. CITY may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect CITY from loss because of defective work not remedied or other damage to the CITY occurring in connection with CONTRACTOR’s performance of the Services. CITY shall submit written documentation in support of such withholding upon CONTRACTOR’s request. When the grounds described above are removed, payment shall be made for amounts withheld because of them. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 5 City of Palo Alto General Services Agreement Rev. April 27, 2016 I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under this Agreement shall be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to CITY. The warranties set forth in this section shall be in effect for a period of one year from completion of the Services and shall survive the completion of the Services or termination of this Agreement. J. MONITORING OF SERVICES. CITY may monitor the Services performed under this Agreement to determine whether CONTRACTOR’s work is completed in a satisfactory manner and complies with the provisions of this Agreement. K. CITY’S PROPERTY. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Agreement will become the property of CITY without restriction or limitation upon their use and will not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for three (3) years from the date of final payment, CONTRACTOR’s records pertaining to matters covered by this Agreement. CONTRACTOR agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three (3) following the terms of this Agreement. M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights under this Agreement. N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full force during the term of this Agreement, the insurance coverage described at Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. CONTRACTOR shall obtain a policy DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 6 City of Palo Alto General Services Agreement Rev. April 27, 2016 endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. CONTRACTOR shall obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to CITY concurrently with the execution of this Agreement and shall throughout the term of this Agreement provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. CONTRACTOR shall include all subcontractors as insured under its policies or shall obtain and provide to CITY separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance shall not operate to limit CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement. O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation by the provisions of section M relating to insurance, CONTRACTOR shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Agreement. CONTRACTOR’s obligations under this Section apply regardless of whether or not a liability is caused or contributed to by any negligent (passive or active) act or omission of CITY, except that CONTRACTOR shall not be obligated to indemnify for liability arising from the sole negligence or willful misconduct of CITY. The acceptance of the Services by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Agreement. P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONTRACTOR 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. CONTRACTOR 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 DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 7 City of Palo Alto General Services Agreement Rev. April 27, 2016 agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California 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 certifies that it will comply with such provisions, as applicable, before commencing and during the performance of the Services. R. TERMINATION. The City Manager may terminate this Agreement without cause by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If CONTRACTOR fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, the City Manager may terminate this Agreement immediately upon written notice of termination. Upon receipt of such notice of termination, CONTRACTOR shall immediately discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily performed up to the effective date of termination. If the termination if for cause, CITY may deduct from such payment the amount of actual damage, if any, sustained by CITY due to CONTRACTOR’s failure to perform its material obligations under this Agreement. Upon termination, CONTRACTOR shall immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by CONTRACTOR or given to CONTRACTOR, in connection with this Agreement. Such materials shall become the property of CITY. S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written consent of CITY. No amendments, changes or variations of any kind are authorized without the written consent of CITY. T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR 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 this Contract. CONTRACTOR further covenants that, in the performance of this Contract, it will not employ any person having such an interest. CONTRACTOR certifies that no CITY Officer, employee, or authorized representative has any financial interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. CONTRACTOR agrees to advise CITY if any conflict arises. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 8 City of Palo Alto General Services Agreement Rev. April 27, 2016 U. GOVERNING LAW. This contract shall be governed and interpreted by the laws of the State of California. V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire agreement between the parties with respect to the services that may be the subject of this Agreement. Any variance in the exhibits does not affect the validity of the Agreement and the Agreement itself controls over any conflicting provisions in the exhibits. This Agreement supersedes all prior agreements, representations, statements, negotiations and undertakings whether oral or written. W. NON-APPROPRIATION. 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 Contract 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 Contract. X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally Preferred Purchasing policies which are available at CITY’s Purchasing Division, which are incorporated by reference and may be amended from time to time. CONTRACTOR 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, CONTRACTOR shall comply with the following zero waste requirements: • All printed materials provided by CONTRACTOR 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. • Goods purchased by Contractor 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. • Reusable/returnable pallets shall be taken back by CONTRCATOR, at no DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 9 City of Palo Alto General Services Agreement Rev. April 27, 2016 additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. Z. PREVAILING WAGES This Project is not subject to prevailing wages. Contractor 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 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. OR Contractor is required to pay general prevailing wages as defined in Subchapter 3, Title 8 of the California Code of Regulations and Section 16000 et seq. and Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute the contract for this Project from the Director of the Department of Industrial Relations (“DIR”). Copies of these rates may be obtained at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of all sections, including, but not limited to, Sections 1775, 1776, 1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages. AA. DIR REGISTRATION. In regard to any public work construction, alteration, demolition, repair or maintenance work, CITY will not accept a bid proposal from or enter into this Agreement with CONTRACTOR without proof that CONTRACTOR and its listed subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work, subject to limited exceptions. City requires CONTRACTOR and its listed subcontractors to comply with the requirements of SB 854. CITY provides notice to CONTRACTOR of the requirements of California Labor Code section 1771.1(a), which reads: DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 10 City of Palo Alto General Services Agreement Rev. April 27, 2016 “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CITY gives notice to CONTRACTOR and its listed subcontractors that CONTRCATOR is required to post all job site notices prescribed by law or regulation and CONTRACTOR is subject to SB 854-compliance monitoring and enforcement by DIR. CITY requires CONTRACTOR and its listed subcontractors to comply with the requirements of Labor Code section 1776, including: Keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by, respectively, CONTRACTOR and its listed subcontractors, in connection with the Project. The payroll records shall be verified as true and correct and shall be certified and made available for inspection at all reasonable hours at the principal office of CONTRACTOR and its listed subcontractors, respectively. At the request of CITY, acting by its project manager, CONTRACTOR and its listed subcontractors shall make the certified payroll records available for inspection or furnished upon request to the project manager within ten (10) days of receipt of CITY’s request. [For state- and federally-funded projects] CITY requests CONTRACTOR and its listed subcontractors to submit the certified payroll records to the project manager at the end of each week during the Project. If the certified payroll records are not produced to the project manager within the 10-day period, then CONTRACTOR and its listed subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or portion thereof, for each worker, and CITY shall withhold the sum total of penalties from the progress payment(s) then due and payable to CONTRACTOR. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 11 City of Palo Alto General Services Agreement Rev. April 27, 2016 Inform the project manager of the location of CONTRACTOR’s and its listed subcontractors’ payroll records (street address, city and county) at the commencement of the Project, and also provide notice to the project manager within five (5) business days of any change of location of those payroll records. BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the case of any conflict between the terms of this Agreement and the exhibits hereto or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of any conflict between the exhibits hereto and CONTRACTOR’s proposal, the exhibits shall control. 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 WEST COAST ARBORIST, INC. _____________________________ By________________________________________ City Manager or Designee (Required on contracts $85,000 and over) Name _____________________________________ Title_______________________________________ Telephone: _______________________________ Approved as to form: ___________________________ City Attorney or Designee DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD Vice President Victor Gonzalez 12 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT A SCOPE OF SERVICES The scope of contracted work shall consist of pruning, removal, stump grinding, and other maintenance of trees, palms, and other woody plants, along street corridors, and throughout parks, open spaces and facilities within the City of Palo Alto, hereafter referred to as the City. Work shall be administered, and approved by representatives of the Department of Public Works, Public Services Division - Urban Forestry Section. PART I. GENERAL PROVISIONS Contractor shall be aware of and shall comply with the City of Palo Alto Codes governing tree work, traffic control and any other regulations that may affect operations. The General Provisions for this work specifications. In case of conflict, this scope of services shall take precedence over the City of Palo Alto Standard Drawings and Specifications. It shall be understood that the Contractor will be required to perform and completed the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to perform the work described herein in strict accordance with these specifications and subject to the terms and conditions of the contract. All work shall be performed by tree care contractor who shall be licensed by the State of California Contractors State License Board (Classification C- 61/Category D-49) to provide such contract services within the State of California. A. Measurement and Payment Payment for the various items in the bid schedule, as further specified herein, shall include full compensation to the Contractor for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing the various items of Work as shown on the Plans and in the Specifications. Work not specifically set forth as a pay item in the Bidder’s Bid proposal, but called for in the Contract Specifications or necessary to meet the requirements of this Contract, shall be considered a subsidiary obligation of the Contractor, and all costs in connection therewith shall be included in the bid. No separate payment will be made for any item that is not specifically set forth in the bid schedule except by Additional Services which shall be approved by City’s project manager and all costs therefore shall be included in the prices named in the bid schedule for the various appurtenant items of work. All work not meeting the Contract Specifications, unless otherwise approved by the City, shall be reworked at the Contractor’s expense. 1. Hourly Rates for Basic Services (Bid Item 1) DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 13 City of Palo Alto General Services Agreement Rev. April 27, 2016 Work: Hourly work will be designated at the discretion of the Project Manager and may include, but not limited to: a. Power Line Clearance Pruning b. Crown Reduction/Crown Clean for Modesto Ash and other large-spread canopy trees* c. Pruning requiring significant roping and rigging d. Pruning in areas with limited accessibility (e.g. Open Space Park Trails) e. Special Projects that require special services (e.g. Crane Services or 90- foot aerial lift) f. Palm Skinning g. Additional Stump Grinding outside of specified radii from existing stump *Note: Modesto ashes and other large-spread canopy trees not requiring a crown reduction will be billed at Programmed or Demand based pruning rates. Measurement: This item will be measured on a per hour basis (to the nearest quarter hour) for each three (3) person tree maintenance crew. Time at the Municipal Service Center, job site(s) and travel time between job sites will be measured. Lunchtime and debris disposal time will not be measured. Payment: This item will be paid on a per hour basis (to the nearest quarter hour) for each three (3) person tree maintenance crew or (2) person crew for stump removals. Payment will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing this item of work as shown on the Plans and in the Specifications. The City will not pay for non-productive time due to vehicle or equipment breakdowns, or lack of proper equipment to do the job. Overtime work shall only be authorized by the Project Manager. Contractor shall charge the City no more than the minimum overtime rate required by federal and state law. 2. Unit Prices for Program Pruning, Palm Pruning, and Tree and Stump Removal (Bid Items 2, 3, 5 and 6) Work: General, Programmed Pruning, Palm Pruning, and Tree & Stump Removal areas are planned as contiguous areas or confined geographical areas within the City of Palo Alto boundaries such as:  Street and Parkway Areas The City is divided into 6 geographic areas with approximately 5,054 trees per area (Exhibit A-2). The intent of programmed pruning is to have all trees pruned within three areas a minimum one time by the end of the 3-year contract period. Year one (1) of this contract will focus on tree maintenance in Area 2 (Exhibit A-1).  Park and Facility Areas DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 14 City of Palo Alto General Services Agreement Rev. April 27, 2016 There are approximately 5,000 park and facility trees within the City’s boundaries. The intent of programmed pruning is to have 700 trees pruned per year or a 2,100 pruned by the end of the 3-year contract period.  Open Space Areas There are approximately 1,500 landscape trees in the Arastradero, Foothills, and Baylands Open Space Preserves. The intent of programmed pruning is to have 300 trees pruned per year or a 900 pruned by the end of the 3-year contract period.  Golf Course Area There are approximately 500 landscape trees within the Palo Alto Golf Course. The intent of programmed pruning is to have 100 trees pruned per year or a 300 pruned by the end of the 3-year contract period.  Capital Improvement Projects (CIPs) Trees that will be impacted by development and require pruning or removal will be paid at Unit costs, unless access is restricted, significant travel is required between job sites and/or the job requires specialized equipment detailed in hourly rates. All work for CIPs will be authorized and coordinated by the City’s Landscape Architect. Measurement and Payment: These items will be paid by quantity at a set cost. The Contractor shall include all labor and mobilization of equipment costs into its fee for all work required. There will be no separate measurement or payment for travel time. Those items that are related to CIPs will be invoiced separately, and paid through the associated CIP budget. 3. Unit Prices for Demand Pruning (Bid Item 4) Work orders for Demand-based Pruning are based on service requests with specific objectives in various locations within the City of Palo Alto boundaries and may or may not be at contiguous locations. Measurement and Payment: These items will be paid by quantity at a set cost. The Contractor shall include all labor and mobilization of equipment costs into its fee for all work required. There will be no separate measurement or payment for travel time. B. Invoicing The Contractor shall invoice Urban Forestry at the end of each calendar month, using an MS Excel format provided by the City, or approved format. All invoices shall reference the contract number and detail the dates and hours worked by each crew during that month. Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address of each individual tree, the species and trunk diameter of each individual tree. Other reporting may be DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 15 City of Palo Alto General Services Agreement Rev. April 27, 2016 requested as needed. Failure to submit invoices in this format may result in non- payment until these requirements are met. The City will promptly review all invoices submitted by the Contractor. Any invoice that the City determines is not proper will be returned to the Contractor with a written explanation of the reasons for the City’s determination. Any invoice that is properly submitted and undisputed by the City will be processed for payment and will be paid in full; retention will not be withheld. C. Additional Services The City may require additional Services for the Work to be performed or the materials to be furnished under the Contract pursuant to the provisions of the Contract documents. No change to the Work shall be made or extra work performed or deduction from the Work made unless in pursuance of a written agreement from the City, and signed by the Project Manager stating that the work is is authorized. No claim for additional payment shall be considered unless so ordered. Adjustment to the Contract Price by reason of a duly authorized r will be determined on the basis of one or more of the following methods, at the option of the Project Manager: 1. On the basis of applicable unit and/or hourly prices stipulated in the Contract. 2. On the basis of an acceptable lump sum proposal from the Contractor in response to a quotation request. 3. On the basis of actual necessary cost plus fifteen (15) percent to cover superintendence, general expense and profit. D. Notice to Proceed A Notice to Proceed will be issued to the Contractor upon receipt of a fully executed contract, and , insurance certificates, receipt of approval by other governmental agencies (if required) and any other documentation required by the City. E. Coordination 1. Work Week The Contractor shall provide no more than one (1) unit tree maintenance crew each day, unless requested and authorized by the Project Manager. The Contractor shall provide one (1) hourly crew, tree removal or stump removal crew on an as needed basis; scheduled by mutual agreement with the City. The normal work week shall be Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding City holidays. Crews shall be at the work site and ready to start work by 8:00 a.m. Where traffic, parking or other constraints exist, the work week may DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 16 City of Palo Alto General Services Agreement Rev. April 27, 2016 be modified. All work week modifications shall be approved by Urban Forestry staff. Notify Urban Forestry staff by 7:30 a.m. daily, by email, with starting locations for each crew, crew size and contact phone number of each crew Foreman. The Contractor shall not work on City holidays. City holidays are:  January 1  Third Monday in January  Third Monday in February  Last Monday in May  July 4  First Monday in September  Second Monday in October  November 11  Thanksgiving Day  Day after Thanksgiving  December 25 In the event that any of the aforementioned holidays falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned holidays falls on a Saturday, the preceding Friday shall be considered a holiday. 2. Daily Contact The Contractor’s Foreperson(s) shall report to the City’s designated Inspector each day via cell phone or at pre-designated field locations. 3. Cease of Operations The Project Manager will determine when weather or other conditions prevent safe or efficient work operations. If work operations are canceled after the work day has started (8:00 a.m.) the Contractor will be credited with two (2) hours per crew or the actual hours worked, whichever is greater. 4. Inspection and Oversight The contract will be managed by a member of the Urban Forestry staff, appointed by the Project Manager, serving in the capacity of Contract Inspector. The Inspector provides the principal contract management and monitoring function, and is the primary contact point for communication between the City and the Contractor. The Inspector will insure compliance with the contract documents, observing work both during progress and upon completion. The Inspector will make routine independent inspections of all sites maintained by the Contractor, which may or may not be announced and do not require the presence of the Contractor. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 17 City of Palo Alto General Services Agreement Rev. April 27, 2016 Inspections shall be both visual and operational. In addition, the Inspector may call for the Contractor to meet on the site for walkthrough inspections. The Inspector will schedule such meetings at the discretion of the City. A. Inspection Reports Contractor shall contact Urban Forestry staff daily to request inspection of all work performed. The Inspector will prepare an “Urban Forestry Contract Inspection Report”, with a performance rating. Ratings will reflect the work performance of Contractor at the site locations under the terms and conditions of this contract. The inspection report may include comments with recommendations for improvements, but it does not take away the Contractor’s responsibility to maintain each site per contract specifications and to the satisfaction of the City. Problem areas are to be acted upon promptly and corrective action taken, as applicable. a. Inspection reports will be prepared in two copies. The Inspector will establish a schedule for the Contractor to pick up their copy from the Urban Forestry Office and sign the City’s copy, acknowledging receipt. Failure to retrieve the Contractor’s copy of an inspection report will not relieve the Contractor of their responsibility to correct all note problem areas in a timely manner. b. Inspection report criteria will include, but not be limited to, the following: 1) Site cleanliness 2) Communication with Inspector 3) Adherence to pruning standards 4) Traffic control and safety 5) Posting and notifications c. The inspector will give the contractor an opportunity to correct or replace non-conforming deliverables or services, if this can be accomplished within the required delivery schedule. Correction or replacement will be without additional cost to the City. d. The Inspector will not consider the services complete until all unacceptable performance has been corrected. The value of the contractor’s non-performance will be deducted from any money due the Contractor. The Inspector will document in the contract file the basis for any amounts withheld. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 18 City of Palo Alto General Services Agreement Rev. April 27, 2016 B. Failure to Perform If the Contractor fails to perform in accordance with the terms and conditions of the contract the Inspector will document the deficiencies on the “Urban Forestry Contract Inspection Report” form, which will serve as written notice to the Contractor. a. A rating of “Needs Improvement” will require the Contractor to correct the stated deficiency(s) within seven calendar days, or as otherwise specified by the Inspector. b. A rating of “Unsatisfactory” will require the Contractor to correct the stated deficiency(s) within 48 hours, or as otherwise specified by Inspector. After two consecutive “unsatisfactory” ratings for any area within the contract, a “Failure to Comply” letter may be issued. c. A “Failure to Comply” rating represents a final notice. The City may choose to terminate the contract, or at the discretion of the Inspector, may allow the Contractor to correct deficiencies within 24 hours. Failure to correct deficiencies within 24 hours will result in contract termination. The termination may result in the Contractor being considered “Non- Responsible” during subsequent bid evaluations, for a period of up to three years. d. If the Contractor receives more than two “Unsatisfactory” ratings within a 90-day time span, they may be issued a “Failure to Comply” letter. If two “Failure to Comply” letters are issued within a 180-day period, the City may terminate the Agreement. The termination may result in the Contractor being considered “Non-Responsible” during subsequent bid evaluations, for a period of up to three years. e. If the Contractor receives two “Failure to Comply” letters within a contract year, they may be considered “Non-Responsible” for subsequent bid evaluations. 5. Digital Photos Contractor may be asked to supply “Before and After” trimming pictures that are suitable for reproduction when requested by the City. 6. Allocation and Completion of Work Orders City shall provide the contractor with an electronic database of trees to be pruned by Area. Contractor shall complete an Area entirely before beginning work in a new area. Contractor shall systematically and thoroughly work continuously until completion. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 19 City of Palo Alto General Services Agreement Rev. April 27, 2016 Each Contractor crew Foreman shall complete the City issued Daily Report using the tree database, and the Contractor shall provide a list of complete work locations for review and acceptance by the City’s Inspector at a weekly scheduled meeting at the City’s Municipal Service Center. The tree database may have trees that are missing, dead, or need to be removed. Contractor shall record this on the tree list. Work orders shall be allocated by Urban Forestry based on actual service requirements and available funding. All work orders will be assigned on an as-needed basis as determined by Urban Forestry. It is possible that no services may be required by the City from a contractor during all or any portion of the contract term. All work orders assigned to the contractor shall be completed within thirty (30) days except where otherwise noted. Trees less than 3 years old or 3” in diameter will not be worked on unless specifically requested by the City. 7. Park, Facility and Open Space The Contractor’s Supervisor shall coordinate with the City’s Open Space Manager and Irrigation Coordinator prior to all park, open space and facility work to ensure events, games, parking, and facilities are undisturbed to the best extent possible and irrigation infrastructure is properly flagged by City staff and avoided. The Contractor shall provide plywood and supports as needed to provide adequate protection at designated sites. Vehicles or equipment shall be operated to avoid ruts, damage to turf, and damage or dirt on infrastructure. 8. State and County Roads and Transportation Corridors When requested to perform tree maintenance work on County roads, the Contractor’s Supervisor will coordinate with County, State, and Transportation entities for all necessary permits and submittals in advance of tree maintenance work, at the Contractor’s expense. F. Project Meetings 1. Post-Award Conference A post-award conference will be scheduled as soon as practical after the award of the Contract. The Contractor shall attend the conference along with the prospective Project Manager. The Contractor shall provide at least two (2) local telephone numbers that may be used to contact the Contractor of his authorized representative in the event of an emergency after normal business hours. 2. Monthly Project Meetings The Contractor’s Area Manager and Supervisor shall attend monthly project meetings and specially called meetings throughout progress of the Work. The monthly project meetings will be held at the Public Works Operations office, DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 20 City of Palo Alto General Services Agreement Rev. April 27, 2016 Building C of the Municipal Service Center, 3201 East Bayshore Road, Palo Alto or at field locations designated by the Project Manager. G. Contractor Requirements to be submitted with Bid: 1. Corporate Capability Bidders must submit proof of the contractor’s qualifications applicable to this project, including the following: a. Affirmative statement of compliance with indemnity and insurance b. State of California Contractor’s License number and expiration date, C61/D-49 and any other applicable licenses c. DIR Registration number 2. References In order to be considered for Contract award, the Bidder must be able to demonstrate that they currently provide, or has provided Tree Pruning and Removal Services that are similar in size and scope to this Contract, and shall provide these references with their bid submittal. The Bidder must have five (5) references documenting successfully completed municipal multi-year tree maintenance contracts in the state of California which have been successfully completed within the last ten (10) years. Each project shall be of comparable size and scope of this project. References provided shall be current and not from an immediate family member of Bidder, any employee of the bidder, or of the City. Failure to provide requested documentation may result in disqualification of Bidder’s bid. The City will be the sole judge as to whether the services performed for the references are similar to the scope of services contained herein, and whether the Bidder is capable of performing such services. 3. Experience Contractor shall have at least ten (10) years of current experience performing contract tree pruning and removal work in the state of California. Contractor’s local management staff shall be completely qualified to perform the work of this contract and have a minimum of five (5) years current experience performing this work in the state of California. Bidders shall provide proof of this experience in the state of California with their bid submittal. Failure to provide the requested documentation may result in disqualification of Bidder’s bid. 4. Capacity Contractor shall have sufficient labor and equipment resources to perform the work of this project in a safe and efficient manner. Contractor shall have a minimum crew capacity of three (3) crews with the ability to bring an additional seven (7) crews and sufficient equipment for unforeseen issues (such as DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 21 City of Palo Alto General Services Agreement Rev. April 27, 2016 emergency response) within 24 hours of request, at the discretion of the City. Bidders shall provide proof of sufficient labor and equipment resources as requested in this section to perform the work of this project with their bid submittal. Failure to provide the requested documentation may result in disqualification of Bidder’s bid. 5. Employee Training A written description of the firm’s internal tree maintenance and arboricultural training program shall be submitted with this bid. Tree Care Industry Association (TCIA) accredited tree care companies are preferred. 6. Local Office Contractor’s local office shall be located within 100 miles and Contractor’s yard shall be within 20 miles of the City of Palo Alto limits. 7. Solicitation of Private Tree Work The Contractor and/or its employees shall not solicit and/or perform private tree work within the city limits of Palo Alto for the duration of this Contract. Violation of this provision may be cause for termination of this Contract. H. Staffing Requirements The Contractor is required at all times to provide sufficient workforce and supervisory personnel to perform the specified services and to meet the requirements of the City. When in times of high demand, the contractor shall make available to the City a minimum of four (4) crews. 1. Crew The standard crew is three persons, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects or trimming specific trees requiring immediate attention prior to their scheduled trim. 2. Qualified Personnel The contractor shall provide qualified supervisory staff. One competent individual will be available at all times to supervise the work, and assigned to be the Project Superintendent, and must be on site for a regularly scheduled minimum of eight (8) hours per week, and 16 hours per when three (3) or more Contractor crews are working in the City. This individual shall be a full-time employee, and be a current International Society of Arboriculture Certified Arborist. This individual shall be experienced in the type of work being performed and fully capable of managing, directing, and coordinating the work, reading and thoroughly understanding the contract, and receiving and carrying out directions form the City. This individual must be able to speak and write English and receive and communicate to the crew and property owner’s instructions and information relevant to the work order. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 22 City of Palo Alto General Services Agreement Rev. April 27, 2016 One (1) Project Superintendent Arborist shall be provided for every twelve (12) contractor employees assigned to City work. The Project Superintendent individual must be reachable via pager, cell phone or fax during business hours (Monday – Friday, 8:00 AM to 4:00 PM) during the Contract Period. The Contractor shall not change its designated Project Superintendent without written notification to the City seventy-two (72) hours in advance. The new Project Superintendent will be subject to the approval of the Project Manager. Breach of these provisions may constitute just cause for suspension of the Work until a qualified and acceptable superintendent is assigned to the Project. Each tree maintenance crew shall include:  Lead climber who will serve as Crew Foreman with current certification as an ISA Certified Arborist, or Western Chapter International Society of Arboriculture Certified Tree Worker (CTW). The lead climber shall be fluent in English and capable of preparing clear and concise daily work summary reports on City furnished forms.  A second climber, with a minimum of three (3) years current ornamental pruning experience.  A ground person with a minimum of one (1) year general ground work experience. The individual assigned Crew Foreman shall remain with his/her crew at all times throughout the working day. Each stump and tree removal crew shall include:  Three employees with a minimum of three (3) current years removal experience Each stump crew shall include:  Two employees with a minimum of two (2) years stump removal experience Contractor staff assigned to work near Caltrain tracks may require training and certification by the Caltrain, at Contractor’s expense. Bidders shall provide with their bid submittal copies of all certifications, degrees, or any other documentation that provide evidence of experience and certifications of staff. List of staff qualifications include but are not limited to: a. All Certified Arborists employed by the firm b. All Certified Utility Arborists employed by the firm c. All Certified Treeworkers employed by the firm DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 23 City of Palo Alto General Services Agreement Rev. April 27, 2016 d. All Utility Line Clearance Treeworkers employed by the firm All certifications and degrees shall be current at the time of Contract award and shall remain current and up to date throughout the life of the Contract. Failure to provide the requested documentation may result in disqualification of Bidder’s bid. At the time of award, the successful bidder must have staff that includes Certified Crane Operators(s) as recognized by national Commission for the Certification of Crane Operators (NCCCO). All personnel are subject to the approval of the Project Manager. If the Project Manager finds the Contractor’s employee to be unsatisfactory, the Contractor shall replace that employee immediately. 3. Communication Device Requirements The Superintendent and Crew Foreman or equivalents must have a communication device, such as a smart phone, in the field at all times during normal working operations. Two modes of communication such as a smart phone and two-way communication device must also be on-hand during an emergency event. The City may request to utilize this technology for the transfer of electronic documents including, but not limited to, PDFs, shop papers, work requests 4. Emergency Response The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. The Contractor shall provide the City with up to six (6) additional crews including one (1) Supervisor for emergency service after the normal work hours of 8:00 a.m. to 4:00 p.m. when requested by the Project Manager. The Contractor’s Supervisor shall be responsible for coordinating call-out personnel with the Project Manager. Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call. Contractor shall be required to provide a twenty-four (24) hour emergency phone number of the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days. Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve high voltage power lines or any utility lines the Contractor shall be required to notify the Project Manager. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 24 City of Palo Alto General Services Agreement Rev. April 27, 2016 When crews are dispatched for storm work, equipment for proper response, in addition to required tooling, shall include but not be limited to: hand held spotlight (minimum 200,000 candle power), flares, sufficient petty cash, and rigs totally operational and fully fueled. Bidders shall provide with their bid submittal a plan that addresses, but not be limited to, information detailing the resources the Contractor has available and the probable response time necessary to mobilize said resources at the City’s request in the event of a storm. Crews assigned to the City shall not be reassigned to storm duty outside the City during an emergency event, without the City’s specific approval. 5. Line Clearance Pruning During the course of this contract the Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities. The Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations and orders. The manager overseeing the project shall be a Certified Utility Specialist and the persons completing the work shall be Certified Line Clearance Tree Workers. The competency of Contractor’s personnel shall be maintained through regular training. All persons performing tree work on City trees in or around primary electrical lines shall be trained to do so in accordance with the “Electrical Safety Orders” of the State of California. 6. Personnel Uniforms and Identification All contractor personnel shall be required to wear uniforms bearing the contractor’s company name while completing City work assignments. Uniforms shall consist of a shirt and/or jacket with company and employee name neatly screen printed or embroidered and conspicuous. All Contractor personnel shall be clearly identified with the name of the company on their uniform. Tank tops shirts and shorts are not allowed. Shirts must be worn at all times, and personnel shall maintain a neat and clean appearance. All personnel must wear high visibility safety vests that meet ANSI standards while working in traffic areas. I. Equipment Requirements The tree maintenance crew shall be equipped with:  An aerial lift truck (55 feet working height)  A dump truck with chipper body (8 cubic yard capacity)  A disc chipper (minimum 12” capacity) DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 25 City of Palo Alto General Services Agreement Rev. April 27, 2016  Chain saws, hand saws, pole pruners, pole saws, loppers and hand pruners  Climbing and personal safety gear  Traffic control signs and other equipment necessary to perform the work The stump removal crew shall be equipped with:  Dump truck with a minimum of four (4) cubic yard capacity  Power sod cutter (on an as needed basis)  Shielding: 4’x8’ plywood sheeting or approved equal  Wrenches: Shut-off wrenches specifically for water meters and gas meters  Barricades: Type II and III conforming to Section 6F.63 of the California MUTCD. Each barricade shall be equipped with Type A low intensity flashing warning light conforming to Section 6F.78 of the California MUTCD.  Tape: 3 inches wide, yellow vinyl barrier tape with black lettering stating “Caution”  Traffic control signs and other equipment necessary to perform the work All vehicles and equipment used in the performance of work assigned under this contract shall be in good working order and in compliance with all local, state and federal laws. The Contractor must demonstrate to the satisfaction of the City that the maintenance equipment to be used in the Work is in good working condition and suitable for performing the Work required. The Contractor must operate all work equipment in a safe manner so as to not create a hazard to the public. 1. Vehicles shall display signage noting contractor’s name, telephone number, and “City of Palo Alto Urban Forestry Contractor.” City identification signs shall not be displayed when performing any work outside of this contract. 2. Contractor vehicles will be equipped with all warning lights, signage, and other equipment necessary to safely work in the City right-of-way. Bidders shall provide with their bid submittal an equipment inventory list including: Trucks, aerial devices, chippers, stump grinders, hand tools, and other equipment which are necessary to perform the work as outlined in these specifications. Contractor shall submit proof of OSHA certification of aerial equipment to be used throughout the term of this project. Failure to provide the requested documentation may result in disqualification of Bidder’s bid. J. Safety Requirements Contractor shall plan and conduct all work in a manner that will safeguard all persons from injury and shall take all precautions required by applicable local, County, State or Federal requirements. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 26 City of Palo Alto General Services Agreement Rev. April 27, 2016 1. Contractor shall be solely responsible for complying with OSHA and Cal OSHA Safety Orders, City Code, and the California Manual on Uniform Traffic Control Devices (MUTCD), so as to protect all persons, including employees from foreseeable injury, or damage to property. 2. All work within 10 feet of any overhead high voltage electrical conductors shall be referred to the City by the Contractor. Work shall be scheduled by the contractor in cooperation with the City and shall be conducted in such a manner as to minimize disruption of service and disturbance to residents. 3. Tree care operations that involve climbing or other aerial work may be temporarily suspended during inclement weather with prior approval form the Urban Forestry Section. 4. All equipment to be used and all work to be performed shall be in full compliance with most current revision of American National Standards Institute, standard Z- 133.1 (Safety Requirements for Pruning, Trimming, Repairing, Maintaining, Removing, and for Cutting Brush). These standards are made part of the contract by this reference. 5. The Contractor shall be solely responsible for pedestrian and vehicular safety and shall provide warning devices, barricades, and ground personnel needed to give safety, protection and warning to persons and vehicular traffic within the area in accordance with the California MUTCD. K. Liability for Damage to Property and/or Plant Material The Contractor shall be solely and completely responsible for job site conditions and safety during the term of the Contract. This obligation shall include the safety of all persons within or affected by the work zone and all public and private property affected by the Work. The Contractor’s responsibility shall be continuous and not be limited to working hours or days, and shall not cease until formal acceptance of the Work by the City except if the City should make partial acceptance of the Work. The Contractor shall defend, indemnify, and hold harmless the City, its officers, consultants, agents and employees from any and all liability, real or alleged, resulting from the Contractor’s operations, except for liability arising from the sole negligence of the City, et al. Contractor is responsible for ensuring that all work is done in a safe and responsible manner. Any damage done to either City or private property shall be the responsibility of the Contractor to repair or make arrangements to repair with the City’s approval. This shall be done prior to final payment of contract. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 27 City of Palo Alto General Services Agreement Rev. April 27, 2016 The Contractor shall provide plywood and supports as needed to provide adequate protection at designated sites. Contract crews shall take care in removing branches from private property to prevent damage to house siding, fences, gates, lights, landscaping, and other outdoor improvements. The Contractor shall report all damage to public and private improvements to the Project Manager on the day upon which the damage occurs. The Contractor shall notify the owner of damaged private improvements in writing the same day. The Contractor shall repair or replace all damaged improvements in a manner satisfactory to the Project Manager and any private property owner involved. The Contractor shall complete the repair or replacement, at Contractor’s expense, within seventy-two (72) hours from the time damage occurs. Improvements shall include, but are not limited to, turf, trees, vegetation, pavements, irrigation systems, fences and structures. Limbs and trunk sections that cannot be easily controlled by hand shall be lowered by rope or cut into smaller pieces to prevent damage to improvements. Any tree damage caused by the Contractor shall be repaired immediately at no additional cost to the City. Any tree damaged beyond repair will be removed and replaced by the Contractor at no additional cost to the City. The replacement tree will be of a size and species acceptable to the Project Manager. The Contractor will be held responsible for all property and plant damage, including negligence in the course of performing the work. Any property or plants damaged during the course of the work shall be restored by the Contractor to a condition that is equivalent to the condition before the damage was done; this incudes damage to City- owned property, turf, shrubbery, trees, flowers, and other plant material. All repairs or replacements will need to be approved in advance by the City. All vegetation damages must be reported immediately to the Project Manager, and all damaged items must be replaced or returned to their original condition within fourteen (14) calendar days, except shrub and flower beds which must be repaired within seven (7) calendar days. The City will determine whether or not the Contractor is qualified to make the required repairs. The Project Manager will determine the locations, quantities, varieties and approved sources of plant material. No plant replacements are to take place without prior approval from the City. L. Protection of Utilities DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 28 City of Palo Alto General Services Agreement Rev. April 27, 2016 1. The Contractor shall be responsible for the protection of all utilities on both public and private property within and adjacent to the work area and shall take all precautions necessary to prevent damage to such utilities. 2. The Contractor shall report all damage to public and private utilities to the Project Manager and the respective utility company within one (1) hour of the time damage occurs. The Contractor shall notify the resident and owner of any property affected by a damaged utility within one (1) hour of the time damage occurs. 3. The City will repair City utilities damaged by Contractor’s operations. The cost of repairs performed by the City will not be deducted from the Contract price, but shall be paid independently by the Contractor to the City. 4. The Contractor shall repair or replace all non-City utilities damaged by its operations, at Contractor’s expense. The Contractor shall complete repair or replacement of all essential utilities (including telephone, electrical, water and gas) the same day damage occurs. All other non-essential, non-City utilities requiring repair or replacement, shall be completed within seventy-two (72) hours of the time damage occurs. 5. Utilities include, but not limited to, water, gas, sanitary sewer, storm drain system, electrical power, street lighting, traffic signals, signal detector loops, telephone, cable television and fiber optic. M. Site Use and Maintenance 1. The Contractor shall clean the work area, at the end of each working day, to a condition at least equal to that which existed before the start of work. 2. The Contractor shall remove all equipment and materials from City property at the end of each working day, and at other times when the work is suspended for any reason. The Contractor shall not use City property for the overnight storage of equipment and materials. 3. The Contractor shall not use private property with the City of Palo Alto limits for the storage and staging of equipment and materials without written agreement of the property owner. The Contractor shall submit a copy of the agreement to the Project Manager. N. Work Affecting the Public Right-of-Way DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 29 City of Palo Alto General Services Agreement Rev. April 27, 2016 Contractor acknowledges and agrees that the safety of motorists, pedestrians, and maintenance crews while working along the City’s transportation corridors is paramount, and Contractor agrees that during the progress of the work, Contractor shall constantly protect and preserve the safety of the public. Contractor shall not unnecessarily cause inconvenience to the public during the progress of the work and shall minimize the inconvenience caused by Contractor’s operations. Such operations include, but are not limited to, work performed on or adjacent to the work site, traffic lane, driveways, and pedestrian closures and deliveries of material and equipment. 1. Reference a. The current edition of the Standard Specifications of the Department of Transportation, State of California, hereinafter referred to as the California Specifications. b. The current edition of the California Manual on Uniform Traffic Control Devices PART 6 – Temporary Traffic Control of the Department of Transportation, State of California, hereinafter referred to as the California MUTCD. 2. Traffic Control Devices a. Cones: 28” high and conforming to Section 12-3.10 of the Caltrans Standard Specifications b. Barricades: Type II and III conforming to Section 6F.63 of the California MUTCD. Each barricade shall be equipped with a Type A low intensity flashing warning light conforming to Section 6F.78 of the California MUTCD. c. Signs: Portable signs and bases conforming to Section 12-3.06 of the Caltrans Standard Specifications and Chapters 6F and 6H of the California MUTCD. Signs shall not be mounted on barricades or vehicles. d. Flashing Arrow Signs: Solar and/or battery powered and conforming to Section 6F.56 of the California MUTCD. e. Flagger Equipment: Conforming to Chapter 6E and Section 6F.29 of the California MUTCD. f. Tape: 3 inches wide, yellow vinyl barrier tape with black letters stating “Caution”. g. “No Parking” signs: Furnished by the City. 3. Temporary Control Requirements Contractor shall abide by the City’s ‘Requirements for Traffic Control Plan Submission’ and be solely responsible for furnishing, installing and maintaining DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 30 City of Palo Alto General Services Agreement Rev. April 27, 2016 all advance warning signs and devices necessary to safeguard the general public and the work, and to provide for the proper and safe routing of vehicular and pedestrian traffic during the performance of the work. This requirement shall be for the duration of the service or project, and shall not be limited to working hours. The use of flagmen, barricades, and construction signage shall comply with the current edition of California MUTCD. Upon request, the Contractor shall submit a traffic control plan showing proposed traffic control measures and detours for vehicles and pedestrians a minimum of ten working days prior to the start of any work that requires the closure of a sidewalk or traffic lane. 4. Provide Traffic Control a. The Contractor shall provide traffic control for all operations and shall conduct all operations so as to cause the least possible obstruction and inconvenience to the general public and vehicle, bicycle and pedestrian traffic. Unless otherwise approved, Contractor shall maintain at least two travel lanes at all times on one-way Primary Streets. The Contractor shall also maintain local property access to existing public cross-streets. b. Contractor shall provide safe pedestrian and disabled access through or around the work area at all times. Sidewalk closure shall comply with the “Policy for Sidewalk Closures” established by the City of Palo Alto’s Department of Public Works pursuant to federal and state disability access laws and regulations. c. Contractor shall provide access to all existing driveways, adjacent parking areas, and buildings at all times unless other arrangements are made with the property owner and approved by the Inspector. Access for emergency vehicles shall be clear at all times. d. The Contractor shall furnish, place and maintain all necessary traffic control devices during its operations in conformance with the applicable requirements of this section and the California MUTCD. e. The Contractor shall notify the City of Palo Alto Police Department – Communication Division at (650) 329-2413 on a daily basis of significant traffic control measures. f. The Contractor shall use a flashing arrow sign for lane closures on multilane and arterial streets and shall restrict lane closures on multilane and arterial streets to the hours of 9:00 a.m. to 4:00 p.m. The streets include but are not limited to: 1. Alma 2. Arastradero 3. Arboretum 4. Charleston DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 31 City of Palo Alto General Services Agreement Rev. April 27, 2016 5. Embarcadero 6. Middlefield 7. San Antonio 8. Sand Hill 9. University 10. Hansen 11. Hillview 12. Park 13. Channing 14. Stanford 15. California 16. Quarry 17. Welch 18. Meadow 19. E Meadow Cir 20. E. and W. Bayshore frontage roads The above definition of “Arterial Streets” may be modified at any time as the City Traffic Engineer deems necessary, upon written notice to Contractor by City. g. Specific traffic control procedures shall include, but not be limited to, the following: i. Partial street closure, maintain two-way traffic, provide flaggers and one traffic lane: This type of traffic control shall be used for partial closures extending either the full length or a portion of the length of a street. Part of the street shall be coned off, leaving a minimum width of twelve (12) feet open for traffic. The Contractor shall maintain two-way traffic on this street by utilizing at least two flaggers. The flaggers shall allow one direction of traffic at a time to travel in the one remaining twelve (12) foot lane. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. ii. Partial street closure, maintain two-way traffic, provide two traffic lanes: this type of traffic control shall be used for partial closures extending either the full length of a portion of the length of a street. Part of the street shall be coned off, and two-way traffic shall be maintained at all times by dividing the remainder of the street into two twelve (12) foot wide traffic lanes. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 32 City of Palo Alto General Services Agreement Rev. April 27, 2016 iii. Full lane closure on multi-lane street, maintain two-way traffic, provide two traffic lanes minimum: This type of traffic control shall be used for lane closure on a multi-lane street extending either the full length of a portion of the length of a street. The lane shall be coned off, and a flashing arrow sign and cone taper used to shift traffic into the adjacent lane. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone. h. Holiday Season Construction Moratorium During the holiday season, no work shall be performed in the downtown area bound by University Avenue and the California Avenue parking assessment districts, unless otherwise approved in writing by the Project Manager and/or City Traffic Engineer. As used herein, “holiday season” means the period of time beginning Thanksgiving Day and ending on the first regular working day following New Year’s Day. i. Temporary Street Parking Lane Closure (Post “No Parking” Signs) Contractor shall provide barricades with signage (City-furnished) noting parking restrictions and days and times of scheduled tree care operations at least 72 hours in advance of the work. All barricades and signage must be approved by Urban Forestry staff. Signage must follow the City of Palo Alto Engineering Department’s “No Parking-Tow Away Signage Posting Requirements”. The Contractor shall make efforts to have parked cars removed by contacting the owners at their residence. The Contractor shall remove “no parking” signs if unforeseen circumstances require work to be re-scheduled. j. Traffic Control Plan If required is required to submit a traffic control plan, Contractor shall not be allowed to work until a City-approved traffic control plan is on file with the Inspector. The traffic control plan shall include the following information pursuant to City Code: a. The name and business address of the applicant b. A diagram showing: 1) The location of the proposed work area; 2) The location of areas where the public right-of-way will be closed or obstructed; and 3) The placement of traffic control devices necessary to perform the work DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 33 City of Palo Alto General Services Agreement Rev. April 27, 2016 c. The proposed phases of traffic control in a narrative format including a description and dates for the beginning and ending of each phase d. The time periods when the traffic control will be in effect If the Inspector determines at any time that actual traffic conditions under the approved plan are not adequate to ensure public safety, the Inspector may require the plan to be immediately modified. If a hazardous condition cannot be eliminated by plan modification, the Inspector may require work under the plan be stopped, and the plan suspended, until the safety hazard is remedied. Contractor shall not be entitled to any costs, damages or extension of contract time arising from any stop work order issued by the Inspector under this Section. O. Parking and Traffic Violations Parking and traffic citations as a result of violations shall be solely the responsibility of the Contractor. P. Provide Water Facilities 1. The Contractor shall provide and maintain adequate drinking water facilities at locations easily accessible to workers during working hours. 2. The Contractor shall provide all water necessary for performing the work. 3. The Contractor shall not use residential or business water services for any purpose. Q. Public Notification and Relations The Contractor shall notify the resident of the property bordering City trees of impending pruning forty-eight (48) hours in advance of scheduled pruning via door hanger. The Contractor shall provide all crews with door hangers. The City’s Project Manager will provide the Contractor with the wording to use on the door hanger at the post-award conference, and will approve design of the door hanger prior to distribution. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experience, English-speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of the work. Work requested by property DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 34 City of Palo Alto General Services Agreement Rev. April 27, 2016 owners or expressed concerns, beyond that identified for a particular tree, shall be conveyed to the Inspector or Project Manager. II. TECHNICAL SPECIFICATIONS The Contractor shall provide the following services, as requested by Urban Forestry: • Programmed Pruning • Demand Pruning • Hourly Work • Inspection Services • Tree Removal • Stump Grinding • Unscheduled Work or Storm/Emergency Work Crew Services Tree care operations shall be in accordance with current standards as established by the American National Standard Institute (ANSI). Specifically, current ANSI A300 (Tree, Shrub and Other Woody Plant Maintenance-Standard Practices), ANSI Z133.1 (Safety Requirements for Arboricultural Operations) and accompanying “Best Management Practices” publications shall be adhered to. Tree climbing spurs shall not be used except where trees are to be removed, where trees cannot otherwise be safely accessed, or in the case of emergencies. With the exception of work requested on a time and materials basis, all pruning orders shall be based on pruning of the entire tree. A. References a. International Society of Arboriculture (ISA) P.O. Box 3129 Champaign, IL 61826 b. American National Standards Institute, Inc. (ANSI) 11 West 42nd Street New York, NY 10036 c. Government Order 95 (2007) California Public Utilities Commission d. Migratory Bird Treaty Act of 1918 B. Products a. Disinfectant Contact spray: Lysol or equivalent approved by the Project Manager DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 35 City of Palo Alto General Services Agreement Rev. April 27, 2016 C. Tree Pruning Notwithstanding the referenced ANSI standards, trees and palms shall be pruned as follows: 1. Mature Trees Tree crowns shall be cleaned, raised, reduced, thinned or any combination of these methods to achieve the following objectives: a. Limbs that are too heavy to safely support their own weight, whether due to their length, diameter, a weak crotch or structural defect, shall be lightened by thinning the end weight or heading back the ends. Where possible, thinning is preferred over heading back. Conserve inner foliage as much as possible by thinning and shortening. b. Remove dead branches that are greater than 3/4 inch in diameter at the point of attachment c. Remove diseased, decayed, broken, weakly attached, and/or crossing branches d. Remove mistletoe and/or vines growing on the tree. Ivy growing on tree limbs and trunks shall be removed to ground level and one (1) foot laterally from the trunk at ground level. Cutting shall be done with hand tools and shall not damage the trunk. e. Improve tree growth and form to maximize safety, structural integrity, and health f. Small limbs, including suckers and watersprouts, shall be cut close to the trunk or branch from which they arise g. Prune to provide eventual clearance of 14 feet over roadways and bike lanes; 8 feet over pedestrian pathways; 10 feet above ground level over private property, and 10 feet vertically and horizontally around buildings and other structures h. Prune to clear line of sight for streetlights, traffic signs and signals, and street signs. Clearance from street lights shall conform to Drawing AX. Clearance form traffic signals, traffic signs and stop signs shall provide adequate sight line distances to the signals or signs. i. Final cuts six (6) inches or greater in diameter must be approved by the City’s Inspector j. Prune to clear electric service drops only when vegetation is putting a noticeable strain or abrasion on the line, or as required by the Project Manager In achieving the above objectives, the contractor shall not remove more of the tree crown than necessary. Under no circumstances shall more than 25 percent of the DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 36 City of Palo Alto General Services Agreement Rev. April 27, 2016 crown be removed without approval from Urban Forestry staff. When reducing the length of limb, the resulting terminal branch should be at least one-third (1/3) the diameter of the parent branch. Cables, braces, or other installations shall be observed for condition and reported to the Inspector or Project Manager if maintenance, repair, or replacement is needed. 2. Pruning specifications for selected species (General Specifications a-j shall apply as well): a. Liquidambar – Reduce end weight of side limbs by shortening them back to significant laterals. These pruning cuts shall not exceed three (3) inches in diameter. Superfluous leaders (codominant) shall be removed or suppressed by heading back. b. Sycamore – Heavy, long horizontal branches shall be headed back to a suitable lateral to prevent excessive end weights from growing. Crossing branches or areas of tangled foliage shall be thinned using small pruning cuts. c. Broadleaf Evergreen (Magnolia, Live Oak, Holly Oak, Camphor) – The canopy shall remain closed to shade the interior of the tree. Excessive vertical suckers shall be removed. Some heading or thinning may be necessary where end weights are too heavy. d. Chinese Elm – Lighten heavy end weights and raise canopy by shortening ends back to significant laterals. Conserve inner foliage as much as possible. e. Eucalyptus – Reduce heavy end weights by shortening ends back to significant laterals. Remove weakly attached sucker growth. f. Ash – lighten end weights where scaffold branches have narrow angles of attachment and potentially included bark. 3. Young Trees (more than three years old and less than 8 inches dbh) shall be pruned in accordance with the section on training young trees in the International Society of Arboriculture’s Best Management Practices – Tree Pruning (2002) and achieve the following objectives: a. Remove dead branches b. Remove diseased, decayed, broken, weakly attached, and/or crossing branches. c. Develop strong central leader and radially and vertically symmetric distribution of branches as appropriate for the species d. Encourage trunk taper by retaining temporary branches until diameter at the point of attachment is approximately one-third of the diameter of the parent branch DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 37 City of Palo Alto General Services Agreement Rev. April 27, 2016 e. Select and develop permanent branches f. Retain foliage in the lower portion of the canopy as long as possible g. Prune to avoid conflicts with pedestrians, vehicles, and sight-lines at street intersections 4. Palms a. Remove dead and dying fronds b. Prune palm crown to no narrower than a 9 and 3 o’clock position c. Remove loose frond sheaths along the entire length of the trunk d. Remove fruit and flowers e. Palm Skinning (hourly cost): Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24” – 36”) inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18”) inches but no greater than thirty-six (36”) inches. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, except in an emergency situation (such as aerial rescue) or unless specifically approved by the Project Manager or Inspector. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning City Palm trees. A chainsaw may only be used on dead fronds. Use of a handsaw is required on green fronds and fruit/flowers. Handsaws and chainsaws will be cleaned between each palm with City-approved disinfectant. D. Inspection of Hazardous Conditions Tree problems that are clearly visible by the inspection, but not considered hazardous, will be reported to the City for direction and/or further evaluation. Also, the crew performing maintenance shall properly notify the City of any tree- related problems that are clearly visible. Structural defects, including weak crotches, splits, cracks, broken cables and decayed cavities shall be reported to the Project Manager. This may be in written form if not considered hazardous or within 24 hours if deemed hazardous. It is the intent to correct problems prior to reaching crisis levels. E. Tree Removal Notwithstanding the referenced ANSI standards, trees, palms and other woody plants shall be removed as follows: DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 38 City of Palo Alto General Services Agreement Rev. April 27, 2016 1. The City shall prepare lists of trees to be removed, mark trees, notify homeowners and public and submit the list to Contractor. 2. Contractor crew removes tree and hauls away debris. 3. Remove all tree parts in a safe and efficient manner. Where necessary, tree parts shall be lowered by rope, crane, or other suitable means to avoid damage to surrounding property, including adjacent trees. 4. Ropes or other rigging shall not be placed so as to cause damage to adjacent property or trees. 5. Tree shall be removed to within six (6) inches of grade, measured from the soil line where the trunk meets the ground. F. Stump Removal The City will issue Stump Removal lists on an as-needed basis including addresses and locations of stumps to be ground, along with stump diameters. Each list will include no more than fifty (50) removal sites and shall be completed in forty-five (45) calendar days. Contractor crew removes stumps and hauls away debris. In addition the contractor shall be responsible for the following: 1. The Contractor shall grind all stump wood and roots within the stump removal site to a depth 6 inches below grade. The grindings shall be removed from the site and disposed of. The contractor shall then grind the stump removal site to a depth 24 inches below grade and remove grindings as necessary to leave the site 3 inches above grade. When needed topsoil (City Mix as available at Ciardella’s Garden Supply, 1001 San Antonio Road, Palo Alto, CA or approved equal) shall be added to bring the site to 3 inches above grade. 2. The Contractor shall provide adequate shielding to prevent flying debris during all stump removal operations. 3. The Contractor shall backfill the hole with a topsoil blend consisting of 50% compost by weight. 4. The Contractor shall compact soil to minimize settlement 5. The Contractor is responsible for notifying Underground Service Alert (USA) five (5) working days prior to stump grinding or excavating. The Contractor shall delineate the limits of work in white paint in conformance with the requirements of USA and shall notify USA at (800) 227-2600. Notification shall include the specific address or a location description of the work. 6. The Contractor shall call in no more than ten (10) stump removal addresses or locations to USA each day. 7. The Contractor shall remove all USA markings, which remain after completion of the work. Markings on asphalt concrete pavement shall be covered with RS-1 or SS-1 asphaltic emulsion. USA markings on DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 39 City of Palo Alto General Services Agreement Rev. April 27, 2016 Portland cement concrete and other surfaces shall be removed by methods complying with all local, state and federal laws and subject to review by the Project Manager. 8. The Contractor shall temporarily remove (and replace following completion of the work) any public or private improvements located within the stump removal site. Improvements shall include, but are not limited to, loose bricks and pavers, landscape rocks and stones, small shrubs and plants, filter fabrics and mulch. 9. The Contractor shall mark the limits of the stump removal site before starting work. The stump removal site shall be defined as follows: a. < 13” stump diameter: An area four (4) feet in diameter centered on the stump or centered as directed by the Project Manager b. 13” – 30” stump diameter: An area six (6) feet in diameter centered on the stump or centered as directed by the Project Manger c. > 30” stump diameter: An area eight (8) feet in diameter centered on the stump or centered as directed by the Project Manager 10. The Contractor shall respond to all non-urgent stump grinding work orders within 5 working days. Stump grinding work orders related to sidewalk repairs shall be completed within 3 working days. 11. The Contractor shall secure open stump removal sites with barricades and tape until inspected by the Project Manager and backfilled as directed with grindings and/or topsoil. 12. Where stump grinding is being performed to accommodate a replacement sidewalk, all surface roots within the footprint of the sidewalk shall be ground to a depth of 6 inches. G. Additional Root Grinding 1. The Contractor shall grind additional surface and subsurface roots outside the stump removal site when directed in writing by the Project Manager. Written authorization will specify the work location, area for grinding and time allocated for the grinding. 2. The Contractor shall remove and dispose of grindings and/or add topsoil when included in the written authorization. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 40 City of Palo Alto General Services Agreement Rev. April 27, 2016 H. Debris Removal The work shall include removal and disposal of brush and debris generated by said work. Waste material shall be disposed of at the contractor’s expense at a location designated and/or approved by the City. Waste material shall not be given away or sold as firewood. Waste material shall not be landfilled. Recycling of wood and wood chips through sustainable uses is strongly encouraged. Contractor shall furnish data to the City on a monthly basis listing the type, quantity and disposal location of all debris generated by the work. All wood generated from removed trees is the property of the City and shall be disposed of at the direction of the Project Manager. No wood shall be left along public right-of-way unless approved by the Project Manager. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday. Debris resulting from contractor’s operations shall not be left on any work sites overnight, unless given permission by the City to do so otherwise. Debris along major thoroughfares or active pedestrian and/or bikeways, at the discretion and direction of the City’s Inspector, may require chipping and cleanup within an hour of pruning to allow for the safe passage of traffic. All lawn areas shall be raked, all streets and sidewalks swept, and all brush, branches, and logs shall be removed from the site. Areas are to be left in a condition equal to that which existed prior to the commencement of arboriculture operations. Stump grindings shall be removed from site within forty-eight (48) hours from completion of actual grinding operation, unless instructed to do otherwise by the City. Chippers shall only be run at 15-20 minute intervals. To minimize offensive noise, chippers shall not be run continuously. Contractor may be required to utilize electric/battery-powered blowers at the City’s discretion during any portion or all of the contract term. Contractor shall comply with all Federal, State and County regulations for pests, including but not limited to, Sudden Oak Death (SOD) and Light Brown Apple Moth. Contractor shall follow the Sudden Oak Death Guidelines for Arborists (California Oak Mortality Task Force, 2008) when working in SOD areas in order to limit the spread of this disease. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 41 City of Palo Alto General Services Agreement Rev. April 27, 2016 I. Tool Sanitation and Disease Transmittal Contractor’s tools that have potential to transmit pests or diseases to other trees shall be disinfected prior to initiating work within the City, after working on any potentially diseased trees, and prior to and after pruning any Elm (Ulmus species) tree. Due to disease concerns regarding Canary Island Date Palms (Phoenix canariensis) and California Fan Palms (Washingtonia filifera), live fronds, flowers and fruit parts shall only be pruned with handsaws. Chainsaws and handsaws shall be disinfected with Lysol or a 10% mixture of water and household bleach. Chainsaws shall have the clutch cover removed and the chain, bar, and clutch area shall be sprayed. Handsaws are to be completely disinfected after each use. Chainsaws and handsaws shall be disinfected with each use before pruning the next tree. J. Protection of Nesting and Migratory Birds Contractor shall adhere to all restrictions of the Migratory Bird Treaty Act of 1928 as they apply to the work of this contract. Pruning in the Foothills Preserve during winter months is highly recommended to avoid the nesting season. Care should be taken not to disturb or destroy bird nesting and habitat when pruning. Many birds build nest in trees during the spring and summer months and these birds are protected by law. The Audubon Society in conjunction with the California Department of Fish and Game published a Guide to Bird-Friendly Tree and Shrub Trimming and Removal containing information to help avoid damaging birds and nests. DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD EX H I B I T A -1 Do c u S i g n E n v e l o p e I D : 9 5 C 4 8 9 F 1 - C 6 E 1 - 4 4 0 6 - 9 7 B 7 - D F 7 6 A 2 D B D A C D SCALE: 1" = 600' AREA 4 AREA 5 AREA 2 AREA 3 AREA 1 AREA 6 EXHIBIT A-2 CITY AREA MAP DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 42 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT B SCHEDULE OF PERFORMANCE CONTRACTOR shall perform the Services according to the following schedule: 1. Ongoing tree pruning and removal services June 30, 2019 DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 43 City of Palo Alto General Services Agreement Rev. April 27, 2016 EXHIBIT C SCHEDULE OF FEES CITY shall pay CONTRACTOR according to the following rate schedule. The maximum amount of compensation to be paid to CONTRACTOR, including both payment for services and reimbursable expenses, shall not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. 1. HOURLY RATES FOR BASIC SERVICES TASK FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT HOURLY RATE HOURLY RATE HOURLY RATE 3-PERSON CREW AND BUCKET, DURING REGULAR WORK HOURS (SEE NOTE 1, BELOW) $225 $237 $249 3-PERSON CREW AND BUCKET, DURING EMERGENCIES AND AFTER REGULAR WORK HOURS $315 $330 $345 90 FT BUCKET DURING REGULAR WORK HOURS $120 $130 $140 90 FT BUCKET DURING EMERGENCIES AND AFTER REGULAR WORK HOURS $210 $220 $230 CRANE SERVICES DURING REGULAR WORK HOURS $120 $130 $140 CRANE SERVICES DURING EMERGENCIES AND AFTER REGULAR WORK HOURS $210 $220 $230 ADDITIONAL ROOT GRINDING $160 $170 $180 DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 44 City of Palo Alto General Services Agreement Rev. April 27, 2016 2. UNIT PRICES FOR PROGRAM PRUNING SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE UNIT PRICE UNIT PRICE 3 to 6” d.b.h. $100 $115.00 $130 7 – 12” d.b.h. $134 $144 $154 13 – 24” d.b.h. $134 $144 $154 25 – 36” d.b.h. $134 $144 $154 37 - 48” d.b.h. $134 $144 $154 49” + d.b.h. $134 $144 $154 3. UNIT PRICES FOR PALM PRUNING SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE UNIT PRICE UNIT PRICE DATE PALM SPECIES UNDER 55’ WORKING HEIGHT $275 $285 $295 DATE PALM SPECIES OVER 55’ WORKING HEIGHT $375 $385 $395 WASHINGTONIA PALM SPECIES UNDER 55’ WORKING HEIGHT $145 $150 $155 WASHINGTONIA PALM SPECIES OVER 55’ WORKING HEIGHT $175 $185 $195 DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 45 City of Palo Alto General Services Agreement Rev. April 27, 2016 4. UNIT PRICES FOR DEMAND PRUNING SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE UNIT PRICE UNIT PRICE 3 to 6” d.b.h. $65 $70 $75 7 – 12” d.b.h. $125 $135 $145 13 – 24” d.b.h. $225 $235 $245 25 – 36” d.b.h. $325 $335 $345 37 - 48” d.b.h. $480 $495 $525 49” + d.b.h. $525 $550 $575 DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 46 City of Palo Alto General Services Agreement Rev. April 27, 2016 5. UNIT PRICES FOR TREE REMOVAL (TO 6 INCHES ABOVE SOIL LINE) SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE UNIT PRICE UNIT PRICE Up to 6” d.b.h. $150 $170 $190 7 – 12” d.b.h. $350 $360 $370 13 – 24” d.b.h. $725 $750 $775 25 – 36” d.b.h. $1,900 $2,050 $2,150 37 - 48” d.b.h. $2,400 $2,550 $2,650 49” + d.b.h. $3,300 $3,550 $3,650 6. UNIT PRICES FOR STUMP GRINDING SIZE CLASS FIRST YEAR OF CONTRACT SECOND YEAR OF CONTRACT THIRD YEAR OF CONTRACT UNIT PRICE UNIT PRICE UNIT PRICE Less than 13” diameter $175 $185 $195 13 - 30” diameter $300 $335 $375 Greater than 30” diameter $450 $475 $495 DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 47 City of Palo Alto General Services Agreement Rev. April 27, 2016 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: REQUIRED 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 NO 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 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 $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD 48 City of Palo Alto General Services Agreement Rev. April 27, 2016 A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON- PAYMENT OF PREMIUM, THE CONTRACTOR SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE EMAILED TO: InsuranceCerts@CityofPaloAlto.org PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 DocuSign Envelope ID: 95C489F1-C6E1-4406-97B7-DF76A2DBDACD ATTACHMENT B #BID ITEM QNTY TYPE WCA RATE Y1 WCA COST Y1 WCA RATE Y2 WCA COST Y2 WCA RATE Y3 WCA COST Y3 PTS RATE Y1 PTS COST Y1 PTS RATE Y2 PTS COST Y2 PTS RATE Y3 PTS COST Y3 1 3 per crew & bucket regular 500 HR 225.00$ 112,500.00$ 237.00$ 118,500.00$ 249.00$ 124,500.00$ 255.00$ 127,500.00$ 260.00$ 130,000.00$ 263.00$ 131,500.00$ 2 3 per crew & bucket emerg 100 HR 315.00$ 31,500.00$ 330.00$ 33,000.00$ 345.00$ 34,500.00$ 285.00$ 28,500.00$ 290.00$ 29,000.00$ 293.00$ 29,300.00$ 3 90 ft bucket regular 100 HR 120.00$ 12,000.00$ 130.00$ 13,000.00$ 140.00$ 14,000.00$ 95.00$ 9,500.00$ 98.00$ 9,800.00$ 100.00$ 10,000.00$ 4 90 ft bucket emergency 100 HR 210.00$ 21,000.00$ 220.00$ 22,000.00$ 230.00$ 23,000.00$ 110.00$ 11,000.00$ 112.00$ 11,200.00$ 114.00$ 11,400.00$ 5 crane services regular hours 40 HR 120.00$ 4,800.00$ 130.00$ 5,200.00$ 140.00$ 5,600.00$ 165.00$ 6,600.00$ 168.00$ 6,720.00$ 170.00$ 6,800.00$ 6 crane services emergency 40 HR 210.00$ 8,400.00$ 220.00$ 8,800.00$ 230.00$ 9,200.00$ 195.00$ 7,800.00$ 198.00$ 7,920.00$ 200.00$ 8,000.00$ 7 additional root grinding 24 HR 160.00$ 3,840.00$ 170.00$ 4,080.00$ 180.00$ 4,320.00$ 200.00$ 4,800.00$ 200.00$ 4,800.00$ 200.00$ 4,800.00$ 8 program prune 3-6" dbh 800 EA 100.00$ 80,000.00$ 115.00$ 92,000.00$ 130.00$ 104,000.00$ 50.00$ 40,000.00$ 52.00$ 41,600.00$ 54.00$ 43,200.00$ 9 program prune 7-12" dbh 1300 EA 134.00$ 174,200.00$ 144.00$ 187,200.00$ 154.00$ 200,200.00$ 125.00$ 162,500.00$ 127.00$ 165,100.00$ 129.00$ 167,700.00$ 10 program prune 13-24" dbh 1600 EA 134.00$ 214,400.00$ 144.00$ 230,400.00$ 154.00$ 246,400.00$ 325.00$ 520,000.00$ 328.00$ 524,800.00$ 330.00$ 528,000.00$ 11 program prune 25-36" dbh 1300 EA 134.00$ 174,200.00$ 144.00$ 187,200.00$ 154.00$ 200,200.00$ 800.00$ 1,040,000.00$ 810.00$ 1,053,000.00$ 820.00$ 1,066,000.00$ 12 program prune 37-48" dbh 600 EA 134.00$ 80,400.00$ 144.00$ 86,400.00$ 154.00$ 92,400.00$ 1,750.00$ 1,050,000.00$ 1,800.00$ 1,080,000.00$ 1,850.00$ 1,110,000.00$ 13 program prune > = 49" dbh 230 EA 134.00$ 30,820.00$ 144.00$ 33,120.00$ 154.00$ 35,420.00$ 1,750.00$ 402,500.00$ 1,800.00$ 414,000.00$ 1,850.00$ 425,500.00$ 14 date palm prune < 55' height 30 EA 275.00$ 8,250.00$ 285.00$ 8,550.00$ 295.00$ 8,850.00$ 225.00$ 6,750.00$ 228.00$ 6,840.00$ 230.00$ 6,900.00$ 15 date palm prune >=55' height 10 EA 375.00$ 3,750.00$ 385.00$ 3,850.00$ 395.00$ 3,950.00$ 325.00$ 3,250.00$ 328.00$ 3,280.00$ 330.00$ 3,300.00$ 16 washington palm prune<55'20 EA 145.00$ 2,900.00$ 150.00$ 3,000.00$ 155.00$ 3,100.00$ 225.00$ 4,500.00$ 228.00$ 4,560.00$ 230.00$ 4,600.00$ 17 washington palm prune>=55'20 EA 175.00$ 3,500.00$ 185.00$ 3,700.00$ 195.00$ 3,900.00$ 325.00$ 6,500.00$ 328.00$ 6,560.00$ 330.00$ 6,600.00$ 18 demand prune 3-6" dbh 20 EA 65.00$ 1,300.00$ 70.00$ 1,400.00$ 75.00$ 1,500.00$ 50.00$ 1,000.00$ 52.00$ 1,040.00$ 54.00$ 1,080.00$ 19 demand prune 7-12" dbh 50 EA 125.00$ 6,250.00$ 135.00$ 6,750.00$ 145.00$ 7,250.00$ 125.00$ 6,250.00$ 127.00$ 6,350.00$ 129.00$ 6,450.00$ 20 demand prune 13-24" dbh 230 EA 225.00$ 51,750.00$ 235.00$ 54,050.00$ 245.00$ 56,350.00$ 325.00$ 74,750.00$ 328.00$ 75,440.00$ 330.00$ 75,900.00$ 21 demand prune 25-36" dbh 200 EA 325.00$ 65,000.00$ 335.00$ 67,000.00$ 345.00$ 69,000.00$ 800.00$ 160,000.00$ 810.00$ 162,000.00$ 820.00$ 164,000.00$ 22 demand prune 37-48" dbh 200 EA 480.00$ 96,000.00$ 495.00$ 99,000.00$ 525.00$ 105,000.00$ 1,750.00$ 350,000.00$ 1,800.00$ 360,000.00$ 1,850.00$ 370,000.00$ 23 demand prune > =49"dbh 100 EA 525.00$ 52,500.00$ 550.00$ 55,000.00$ 575.00$ 57,500.00$ 1,750.00$ 175,000.00$ 1,800.00$ 180,000.00$ 1,850.00$ 185,000.00$ 24 removal <= 6" dbh 10 EA 150.00$ 1,500.00$ 170.00$ 1,700.00$ 190.00$ 1,900.00$ 100.00$ 1,000.00$ 102.00$ 1,020.00$ 105.00$ 1,050.00$ 25 removal 7-12" dbh 20 EA 350.00$ 7,000.00$ 360.00$ 7,200.00$ 370.00$ 7,400.00$ 250.00$ 5,000.00$ 255.00$ 5,100.00$ 260.00$ 5,200.00$ 26 removal 13-24" dbh 25 EA 725.00$ 18,125.00$ 750.00$ 18,750.00$ 775.00$ 19,375.00$ 600.00$ 15,000.00$ 625.00$ 15,625.00$ 650.00$ 16,250.00$ 27 removal 25-36" dbh 20 EA 1,900.00$ 38,000.00$ 2,050.00$ 41,000.00$ 2,150.00$ 43,000.00$ 1,150.00$ 23,000.00$ 1,200.00$ 24,000.00$ 1,250.00$ 25,000.00$ 28 removal 37-48" dbh 10 EA 2,400.00$ 24,000.00$ 2,550.00$ 25,500.00$ 2,650.00$ 26,500.00$ 2,500.00$ 25,000.00$ 2,600.00$ 26,000.00$ 2,700.00$ 27,000.00$ 29 removal >= 49" dbh 8 EA 3,300.00$ 26,400.00$ 3,550.00$ 28,400.00$ 3,650.00$ 29,200.00$ 2,950.00$ 23,600.00$ 3,050.00$ 24,400.00$ 3,150.00$ 25,200.00$ 30 stump grind < 13" diameter 140 EA 175.00$ 24,500.00$ 185.00$ 25,900.00$ 195.00$ 27,300.00$ 125.00$ 17,500.00$ 130.00$ 18,200.00$ 135.00$ 18,900.00$ 31 stump grind 13-30" diameter 200 EA 300.00$ 60,000.00$ 335.00$ 67,000.00$ 375.00$ 75,000.00$ 300.00$ 60,000.00$ 310.00$ 62,000.00$ 320.00$ 64,000.00$ 32 stump grind > 30" diameter 60 EA 450.00$ 27,000.00$ 475.00$ 28,500.00$ 495.00$ 29,700.00$ 450.00$ 27,000.00$ 475.00$ 28,500.00$ 495.00$ 29,700.00$ BASE BID TOTAL:1,465,785.00$ 1,567,150.00$ 1,669,515.00$ 4,395,800.00$ 4,488,855.00$ 4,578,330.00$ SERVICE TOTALS WCA PTS 3 YEAR TOTAL FOR BASIC (HOURLY) SERVICES 613,740.00$ 596,940.00$ 3 YEAR TOTAL FOR PROGRAM PRUNING 2,448,960.00$ 9,833,900.00$ 3 YEAR TOTAL FOR PALM PRUNING 57,300.00$ 63,640.00$ 3 YEAR TOTAL FOR DEMAND PRUNING 852,600.00$ 2,354,260.00$ 3 YEAR TOTAL FOR TREE REMOVAL 364,950.00$ 288,445.00$ 3 YEAR TOTAL FOR STUMP GRINDING 364,900.00$ 325,800.00$ GRAND BID TOTAL 4,702,450.00$ 13,462,985.00$ FY 17 TREE PRUNING AND REMOVAL SERVICES BID SUMMARY Attachment B Attachment C ATTACHMENT C-2 CITY AREA MAP SCALE: 1 " = 1800' 7-YEAR TREE MAINTENANCE CYCLE PRUNING AND REMOVAL SERVICES COSTS - RFQ 162020 - WEST COAST ARBORISTS’ BID WORK TYPE # TREES or HOURS YEAR 1 COSTS (2016 – 2017) YEAR 2 COSTS (2017 – 2018) YEAR 3 COSTS (2018 – 2019) HOURLY WORK 904 $194,040 $204,580 $215,120 UNIT WORK 5,380 $754,020 $816,320 $878,620 PALM PRUNING 80 $ 18,400 $ 19,100 $ 19,800 DEMAND PRUNING 800 $272,800 $283,200 $296,600 REMOVALS 93 $115,025 $122,550 $127,375 STUMP GRINDING 400 $111,500 $121,400 $132,000 YEARLY TOTALS $1,465,785 $1,567,150 $1,669,515 GRAND TOTAL $4,702,450 10-YEAR TREE MAINTENANCE CYCLE PRUNING AND REMOVAL SERVICES COSTS - RFQ 162020 - WEST COAST ARBORISTS’ BID WORK TYPE # TREES/ HOURS YEAR 1 COSTS (2016 – 2017) YEAR 2 COSTS (2017 – 2018) YEAR 3 COSTS (2018 – 2019) HOURLY WORK 904 $194,040 $204,580 $215,120 UNIT WORK 10 year cycle 3,415 $754,020*128 $437,120 $816,320 *140 $478,100 $878,620*150 $512,250 PALM PRUNING 80 $ 18,400 $ 19,100 $ 19,800 DEMAND PRUNING 800 $272,800 $283,200 $296,600 REMOVALS 93 $115,025 $122,550 $127,375 STUMP GRINDING 400 $111,500 $121,400 $132,000 YEARLY TOTALS 1,465,785 $1,148,885 $1,567,150 $1,228,930 $1,669,515 $1,303,145 GRAND TOTAL $4,702,450 $3,680,960 15-YEAR TREE MAINTENANCE CYCLE PRUNING AND REMOVAL SERVICES COSTS - RFQ 162020 - WEST COAST ARBORISTS’ BID WORK TYPE # TREES/ HOURS YEAR 1 COSTS (2016 – 2017) YEAR 2 COSTS (2017 – 2018) YEAR 3 COSTS (2018 – 2019) HOURLY WORK 904 $194,040 $204,580 $215,120 UNIT WORK 15 year cycle 1,978 $754,020*128 $253,184 $816,320 *140 $276,920 $878,620*150 $296,700 PALM PRUNING 80 $ 18,400 $ 19,100 $ 19,800 DEMAND PRUNING 800 $272,800 $283,200 $296,600 REMOVALS 93 $115,025 $122,550 $127,375 STUMP GRINDING 400 $111,500 $121,400 $132,000 YEARLY TOTALS 1,465,785 $964,949 $1,567,150 $1,027,750 $1,669,515 $1,087,595 GRAND TOTAL $4,702,450 $3,080,294 Attachment D