HomeMy WebLinkAbout09. Amendment No. 1 w-United Pascific Services for Tree Maintenance ServicesIC111 NU.
APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY M WAGER
FROM: OFFICE OF THE CITY MANAGER Z I
BY: DELFI NO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKSICITY ENGINE
DATE: MAY 28, 2019
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Approve Amendment No. 1 to the Agreement with United Pacific Services, Inc., for
tree maintenance services extending the term of the contract for two years and
approving the new service rates;
2. Authorize the Mayor to execute Amendment No. 1 to the Agreement in a form
approved by the City Attorney; and
3. Authorize City Manager to execute any future amendments in a form approved by
the City Attorney.
The Public Works Department is responsible for maintenance of City -owned facilities and public
infrastructure. One component of these responsibilities is establishing and maintaining an
efficient and cost-effective tree maintenance program. Implementing an annual tree
maintenance program is critical in ensuring the proper upkeep and maintenance of the City's
urban forest. These regular maintenance services vary in scope and frequency depending on
the sizes, species, and condition of trees.
On June 9, 2015, the City Council approved an agreement with United Pacific Services, Inc. in
the annual not -to -exceed amount of $500,000 for tree maintenance services (Attachment A).
The maintenance services include tree trimming, removal of trees, planting of trees, tree
emergencies and special service requests. The contract commenced on July 1, 2015 and will
expire on June 30, 2019.
Since 1999, the State Department of Industrial Relations (DIR) allowed tree maintenance work
to be performed under prevailing wage rates established for the Landscape Maintenance
Laborer classification. In August 2015, DIR issued a determination establishing new prevailing
wage rates for Tree Maintenance Workers. Consequently, labor wages for tree trimming and
maintenance work increased approximately 70 percent in 2015 and an additional 30 percent in
2018. In spite of these wage increases, United Pacific Services, Inc. did not increase their
service rates over the last four years.
Amendment No. 1'with United Pacific Services, Inc. for Tree Maintenance Services
May 28, 2019
Page 2
On March 22, "2019, United Pacific Services, Inc. submitted a formal request to extend the
agreement for an additional two years and adjust service rates. Section 3.1.2 Term of the
Agreement states, "The Initial Term may be extended for up to two (2) additional years
("Extended Term") if mutually agreed upon by City Manager and Contractor. In addition,
Section 3.3.1 Compensation states, "Contractor may request a rate adjustment during any
Extended Term which request shall be considered for approval by the City Council at its sole
discretion. The requested rate adjustment is 7.6 percent across the board, except for complete
tree and stump removal, which is requested at 35 percent (from $15 to $20.25 per inch -
diameter). The 35 percent increase for tree and stump removal is due to increases in tree waste
recycling disposal costs. Amendment No. 1 and the proposed service rates are shown on
Attachment B.
Public Works staff conducted a survey of several cities' current costs for grid trimming, complete
tree and stump removal, stump only removal, and trimming cycle and United Pacific Services,
Inc.'s proposed service rates came out the lowest.
Staff is satisfied with United Pacific Services, 1nc.'s performance over the last four years. They
are very responsive, flexible with work schedules, and the quality of tree trimming is satisfactory.
If approved, United Pacific Services, Inc. will keep the proposed adjusted rates fixed for the next
two years. Staff is recommending that the City Council approve Amendment No. 1 to the
Agreement with United Pacific Services, Inc. for tree maintenance services.
Fiscal Responsibility
Quality of Life, Infrastructure & Parks
2
Grid Trim Cost
"Grid Trim Cost per
Cities
Trim Cycle
per Tree
Tree Percent
Comparison
Cerritos
4 Years
$105.00 __
163.75%
Torrance
2-5 Years
$74.00
85.88%
West Covina
7 Years
$57.20
43.68%
Lakewood
4 Years
$54.95
38.03%
Norwalk
-3 Years
$52.00
30.62%
Redondo Beach
4 Years
$46.00
15.55%
South Gate
3 Years
$46.00
15.55%
La Mirada
5 Years
$44.00
10.52%
Downe
2 Years
$39.81
Staff is satisfied with United Pacific Services, 1nc.'s performance over the last four years. They
are very responsive, flexible with work schedules, and the quality of tree trimming is satisfactory.
If approved, United Pacific Services, Inc. will keep the proposed adjusted rates fixed for the next
two years. Staff is recommending that the City Council approve Amendment No. 1 to the
Agreement with United Pacific Services, Inc. for tree maintenance services.
Fiscal Responsibility
Quality of Life, Infrastructure & Parks
2
Amendment No. 1 -with United Pacific Services, Inc. for Tree Maintenance Services
May 28, 2019
Page 3
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ATTACHMENTS
Attachment A — Agreement with United ■ Services, Im
Attachment B - Amendment No. 1 to the Agreement
MG01
AGREEMENT BETWEEN ;_ DOWNEY AND
UNITED PACIFIC SERVICES,
FOR TREE TRIMMNG►�►
1. PARTIES AND DATE.
This Agreement is made and entered into this '1st day of July, 2015 by and between'
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and United
Pacific. Services, Inc., a California corporation, with its principal place of business at 251
Imperial Highway, Ste. 450, Fullerton, CA 92835 ("Contractor"). City and Contractor are
sometimes individually referred to as "Party" and collectively as "Parties.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of city-wide
tree trimming maintenance services required by City on the terms and conditions set forth in
this Agreement. Contractor represents that it has demonstrated competence and experience
in providing tree trimming maintenance services to public clients, is licensed in the State of
California, and is familiar with the plans of City.
City desires to engageContractor to render such services for the city-wide tree
trimming maintenance which generally includes, but is not limited to trimming, tree stump
removal and planting ("Project") as set forth in this Agreement.
3. TERMS.
3.1.1 General Sco e of Services. Contractor promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the tree trimming maintenance services necessary
for the Project ("Services"). The Services are more particularly described in Exhibit "A"
("Scope of Services") and incorporated herein by reference. All Services shall be subject to,
and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The Initial Term of this Agreement shall be from July 1,`2015, to
July 1, 2019 unless earlier' terminated as provided herein. The Initial Term maybe extended
for up to two (2) additional years ("Extended Term") if mutually agreed upon by City Manager
and Contractor. Contractor shall complete the Services within the Initial Term and any
Extended Term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2.1 Control and payment of Subordinates Indeendent Contractor. The
-Services shall be performed by Contractor or under its supervision. Contractor will determine
the means, methods and details of performing the Services subject to the requirements of
this Agreement. City retains Contractor on an independent contractor basisandnot as an
employee. Contractor retains the right to perform similar or different services for others
during the Initial Term and any Extended Term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Contractor shall also not be
employees of City and shall at all times be under Contractor's exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in
connection with their performance of Services under this Agreement and as required by law.
Contractor shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
322 Schedule of Services. Contractor shall perform the Services
expeditiously, within the Initial Term and any Extended Term of this Agreement, and in
accordance with the Scope of Services as shown in Exhibit "A" attached hereto and
incorporated herein by reference. Contractor represents that it has the tree trimming and
maintenance expertise and technical personnel required to perform the Services: in
conformance with such conditions. In order to facilitate Contractor's conformance with the
Agreement, City shall respond to Contractor's submittals in a timely manner. Upon request of
City, Contractor shall provide a more detailed schedule of anticipatedperformanceto meet
the City's schedule of performance. The parties acknowledge that the schedule of
performance may be amended by mutual agreement due to changes in circumstances,
including changes in the performance schedules of otherthird_ parties performing work for the
City on the Project, which affect the timing of Contractor's performance of the Services.
3.2.3 Conformance to 6ppligpble,Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor has represented to City that
certain keypersonnel will perform and coordinate the Servicesunderthis Agreement.. Should'
one or more of such personnel become unavailable, Contractor may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Contractor cannot agree as to the substitution of keypersonnel, City shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to`
perform the Services in a manner acceptable to the City, or who are determined by the City to
be uncooperative, incompetent, a threat to the adequate or timely completion of theProject
a threat to the safety of persons or property, shall be promptly removed from the Project by
the Contractor at the request of the City. The key personnel for performance of this
Agreement are as follows Gus K. Franklin, President.
2:
3.2.5 City's Representative. The City hereby designates the Director of
Public Works, or his or her designee, to act as its representative for the performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or her designee.
3.2.6 Contractor's Representative. Contractor hereby designates Gus K.
Franklin, President, or his or her designee, to act as its representative for the performance'
of this Agreement ("Contractor's Representative"). Contractor's Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor's: Representative shall supervise and direct the Services, using
his best skill and attention, and shall be responsible for all means, methods,techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff at all reasonable
times.
3.2.8 Standard of Care Performance of Pm to ees Contractor shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by tree trimming and maintenance
service providers in the same discipline in the State of California. Contractor represents and
maintains thatitis skilled inthe calling necessary to perform the Services. Contractor
warrantsthatall employees and subcontractors shall have sufficient skill and experience to
perform the Services assigned to them. Finally, Contractor represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever
nature that are legally_ required; to perform the Services, including a City Business License,
and that such licenses and approvals shall be maintained throughout the term of this
Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Contractor's
failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub -contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services in
a: manner consistent with the standard of care set forth herein, shall be promptly removed
from the .Project .by the Contractor and shall not be re-employed to perform any of the
Services or to work on the Project.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Contractor and in any manner affecting the
performance of the Project or the Services, including all applicable Cal/OSHA requirements,
and shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connection with Services. If the Contractor performs any work
knowing if to be contrary to such laws, rules and regulations and without giving written notice
to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor
shall defend,_ indemnify and hold City, its officials, directors, officers,_ employeesand agents
free and harmless, pursuant to the indemnification provisions of this Agreement, from any
claim or liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations. Contractor's violation of such laws, rules and regulations shall also constitute a
material breach of this Agreement..
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Contractor shall not commence the
Services under this Agreement until it has provided evidence satisfactory to the City that it,
has secured all insurance required under this section. In addition, Contractor shall not allow'
any subcontractor to commence work on any subcontract: until it has provided evidence
satisfactory to the City that the subcontractor has secured' all insurance, required under this
section.
3.2.10.2 Minimum Requirements: Contractor shall, at its expense,
Procure and maintain for the duration of the Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the Agreement by the Contractor, its agents, representatives, employees or
subcontractors. Contractor shall also require all of its subcontractors to procure and maintain
the same insurance: for the duration of the Agreement. Such insurance shall meet at least the
following minimum levels of coverage:,
(A) Minimum Scope of Insurance. Coverage shall be least'
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General` Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services; Office Business Auto Coverage form number CA 0001, code 1 (any
auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation
insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability $2,000,000 per occurrence for bodily injury, personal=
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used,either the general aggregate` limit shall apply separately to
this Agreement/location or the general aggregate limit shall be twice the required occurrence'
limit; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage;
and (3) Workers' Compensation- and Employer's Liability: Workers' Compensation limits as
required by the Labor Code of the State of California. Employer's Liability limits of
$2,000,000 per accidentfor bodily` injury` or disease.
3.2.10.3 Insurance Endorsements.- The insurance policies shall
contain the following, provisions, or Contractor shall provide endorsements on forms supplied
or approved by the City to add the following provisions to the insurance policies:
(A) General hiabilt The general liability` policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees,agents and
volunteers shall be covered as additional insureds with respect to the Services or operations
performed by or on behalf of the Contractor, including materials, parts or equipment furnished
in connection with such work; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if
excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1) the City,_ its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation; _
maintenance, use, loading or unloading of any auto owned, leased, hired orborrowed :by the
Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be
primary insurance as respectstheCity, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the
Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by
the City, its directors, officials, officers, employees, agents and volunteers shall be excess of
the Contractor's insurance and shall not be called upon to contribute with it in any way.
(C) 'Workers' Compensation and Ern to es iabilit Covera' e.
The insurer shall :agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid under the terms of the
insurance policy which arise from work performed by the Contractor.
(D) Ali Coveraea. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City; and (B) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, ,shall not affect coverage
provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.4 Se aration of'lnsureds° o S ecial id.imitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors; officials, officers, employees, agents and volunteers.
3.2.10.5' Deductibles and Self -Insurance i etentlons Any
deductibles or self-insured retentions must be declared to and approved by the City.
Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce''
or eliminate; such deductibles or self-insured retentions as respects the City, its directors,
officials, officers, employees,' agents and volunteers; or (2) the Contractor shall procure a
bond guaranteeing payment of losses and related investigation costs, claims and
administrative and defense expenses.
3.2.10.6 Acceotabilitv of Insurers. Insurance is to be placed With
insurers with a current A.M. Best's rating no less than AVI 1, licensed to do business in
California, and satisfactory to the City.
3.2.10.7 Verification of Coverage. Contractor shall furnish City With
original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the City. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on
its behalf, and shall be on forms provided by the City if requested. All certificates and
endorsements must be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, at
any time.
3.2.11 Bonds,1
A. Contractor shall furnish, and maintain throughout the term of the contract, the
following bonds:
i, A Faithful Performance Bond in an amount equal to One Hundred percent
(100%) of the Agreement price in the form shown in Exhibit C attached
hereto.
2. A Payment Bond (Labor and Material) in an amount equal to One Hundred
percent (100%) of the total Agreement price in the form shown in Exhibit C
attached hereto.
B. All such bonds shall be accompanied by a power of attorney from the surety
company authorizing the person executing the bond to sign on behalf of the
company. If the bonds are executed outside the State of California, a California
representative of the surety must countersign all copies of the bonds. The
signature of the person executing the bond shall be acknowledged by a Notary
Public as the signature of the person designated in the power of attorney.
B. The surety or sureties on all bonds furnished must be satisfactory to the City.
City will reject surety bonds obtained from any company which is not an admitted
surety insurer under the laws of the State of California and which does not hold a
Certificate of Authority from the U.S. Secretary of the Treasury under.31 U.S.C.
as an acceptable surety on Federal bonds. The surety must also be listed in the
latest.edition of U.S. Department of Treasury Circular 570, and the bonds
provided must not exceed the surety's bonding limitations as set forth in Circular
570.
C. If, during the continuance of the Agreement any of the sureties, in the opinion of
6
the City, are or become non -responsible or otherwise unacceptable to City, City
may require other new or additional sureties, which the Contractor shall furnish to
the satisfaction of City within ten (10) days after notice, and in default thereof the
Contract may be suspended and the materials may be purchased or the work
completed as provided in Article 5 herein.
D. No modifications or alterations made in the work to be performedunder the
Agreement or the time of performance; shall operate to release any surety from
liability on any bond or bonds required to be given herein. The surety shall waive'
notice of such events.
E. The Notice to Proceed will not be issued until the aforesaid bonds have been
received and approved by City. City's decision as to the acceptability of all
sureties and bonds is final. No substitution of the form of the documents will be
permitted without the prior written consent of City.
F. Annual renewable bonds are acceptable and will be required to be submitted to
the City on an annual basis, within 30 days from the expiration, date.
3.2.12 Safetv. 'Contractor shall execute and maintain its work so as to avoid
injury 'or damage to any person or property. In carrying out its Services, the Contractor shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
`adequate life protection and life-saving equipment and procedures; -(B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate` facilities for
the proper inspection' and maintenance of all safety measures.
3.3.1 Comoonsation. ' Contractor shall receive compensation, including'
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "B Compensation (Bidder's Proposal), attached hereto and; incorporated
herein by reference. The total compensation shall not exceed $500,000 annually without
written approval of the City. Rates shall remain unchanged during the Initial Term of this
Agreement. Contractor may request a rate adjustment during any Extended Term which
request shall be considered for approval by the City Council at its sole discretion. Extra Work`
may be authorized, as described below, and if authorized, said Extra Work will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Pa Ment of Cora ensation. -Contractor shall submit to City a bi-monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Contractor shall not perform, nor be compensated for, Extra Work without
written authorization from City's Representative.
3.3.5 PLevailing PrevailingWages. Contractor is aware that that City is a California
charter city. As such, under many circumstances, the payment of prevailing wages is not
required. However, Downey Municipal Code Article 11, Chapter 10A, California Labor Code
Sections 1720 et seq and 1770 et seq,=as well as California Code of Regulations, Title 8,
Section 16000 etseq`("Prevailing Wage- Laws"), require the payment of prevailing wage rates
and the performance of other requirements on certain "public works" and "maintenance
"projects, and shall apply to this Agreement. ;Contractor agrees to fully_ comply with such
Prevailing Wage Laws. Upon request, City shall provide Contractor with a copy of the
prevailing; rates of per diem wages in, effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft,
classification: or type of worker needed to execute the Services available to interested parties;
upon request, and shall post copies at the Contractor's principal place: of business and at the
Project site. Contractor shall defend, indemnify and hold the City, its elected officials,
officers, employees and agents free and harmless from any claims, liabilities, costs, penalties
or interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. Contractor shall be registered at all times with the California Department of Industrial
Relations under the Public Works Contractor Registration Program for Labor Compliance.
3.4 Accounting Records.
3.4.1 Maintenance and Ins ectiort. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Contractor shall allow a representative of City
during normal business hours to examine; audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Contractor shall allow`
inspection of all work, data, documents,_ proceedings, and activities related to the Agreement
for a; period of three (3) years from the date of final payment under this Agreement.
e
3.5.1.1 Grounds for Termination. City may, by written notice to
Contractor, terminate the whole or any part of this Agreement at any time either for cause or
for the City'sconvenience and without cause by giving written notice to Contractor of such
termination, and specifying the effective date thereof, at least sixty (60) °calendar days before
the effective date of such termination. Contractor may only terminate this Agreement for
cause upon giving the City not less than sixty (60) calendar days' written notice.
Upon termination, Contractor shall be compensated only for those services which have;
been adequately rendered to City, and Contractor shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination' pay the
Contractor for all services adequately rendered: and all reimbursable costs incurred by
Contractor up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein:
• Failure by the other party to perform in accordance with the terms of this
Agreement and through no fault of the terminating party;
Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
Suspension of the Projector the Contractor's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material' changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach' agreement on the compensation and schedule adjustments
necessitated by such, changes.
3.5.1.2 Effect of Terrnination. If this Agreement is terminated as
provided herein, City may require Contractor to provide all finished or unfinished Documents
and Data and other information of any kind prepared by Contractor in connection with the
performance of Services under this Agreement. Contractor shall be required to provide such
Documents and Data and other information within fifteen (15) days of the City's request,
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Em
United Pacific Services`
251 Imperial Highway, Ste'. 450
Fullerton, <CA -92835
Phone: (562) .691-4600, ext 225
Fax: (562) 691=8839
An: Gus K. Franklin, President
City of Downey,
11111 Brookshire Avenue'
Downey, California 90241
Phone: (562) 904-7284
Fax: (562) 923-6388
Attn Gilbert A. Livas, City Manager
With a courtesy copy to
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3.1 Documents ,& Data -Licensing of Intellectual Prope . This
Agreement creates a non-exclusive and perpetual license°for City to copy, use, modify,
reuse, or sublicense :any °and all copyrights, designs, and other intellectual property embodied
in plans, specifications, studies, :drawings, -estimates, and other documents or works of
authorship fixed in:any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Contractor under this Agreement ("Documents &
Data"). Contractor shall require all subcontractors to agree in writing that City is granted a'
non-exclusive and perpetual, license for any Documents & Data the subcontractor prepares
under this, Agreement. Contractor represents and warrants that Contractor has the legal right
to license any and all Documents &Data. Contractor makes no such representation and
warranty in regard to Documents & Data which were prepared by design Maintenances other
than Contractor or provided to Contractor by the City. City shall not be limited in any way in
its use of the Documents and Data at any time,' provided that any such use not within the
purposes intended by this Agreement shall beatCity's sole risk.
3.5.3.2 Confidentialily. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Contractor in
connectionwith the performance of this Agreement shall be confidential by Contractor.
Such materials shall not, without the prior written consent of City, be used by Contractor for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing, furnished to Contractor which is otherwise known to Contractor or is
generally known, or has become known, to the relatedindustry shall be deemed confidential.
Contractor shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project- in any magazine, trade paper,- newspaper, television
or radio production or other similar medium without the prior written consent of City:
3.5.4 Cryo enation` Further Acts. The Parties` shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Pees. In the event of any litigation, whether in a court of law,
administrative hearing,_ arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred,_ including staff time, court costs,:
attorneys'fees and all other related expenses in such litigation.
3.5.6 Indemnification. To the fullest extent permitted by law, Contractor
hereby agrees,at its sole cost and expense, to defend, protect, indemnify, and hold
harmless the City, and its officers, employees, elected officials, attorneys, members of
boards and commissions, agents, and volunteers (hereinafter collectively referred to as
"Indemnitees") from and against any and all damages, costs, expenses, liabilities,
claims, demands, -causes °of action, proceedings, expenses,, judgments, penalties, liens,
and losses of any nature whatsoever, including fees of accountants, attorneys, or; other
professionals and all costs associated therewith (hereinafter collectively referred to as:
"Liabilities"), arising or claimed to arise; directly or indirectly, out of, in connection with, .
resulting from, or related to any act, failure to act, error, or omission of Contractor or any
of its officers, agents, servants, employees, subcontractors, suppliers or their officers,
agents, servants or employees, arising or claimed to arise, directly or indirectly,, out of, in
connection with, resulting from, or related to the Contractor the performance or failure to ,
'perform any term, provision, covenant,_ or condition of the Contract, including this
indemnity provision.
This indemnity provision is effective regardless of any prior, concurrent, or subsequent
-
active or passive negligence by Indemnitees, except that, to the limited extent mandated
by California Civil Code Section 2782, the Contractor shall notbe responsible for
liabilities Which arise from the sole negligence or willful misconduct of Indemnitees or
arise from the active negligence of City.
This indemnity provision shall survive the termination of the Contract or final payment
hereunder and is in addition to any other rights or remedies which City may have under
the law or under the Contract. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment
against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover
under this indemnity provision.
3.5:7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3,5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.1 OCit `"s lei ht to ErnMI Other Contractors. City reserves right to employ
other Contractors in connection with this Project,
3.5.11 'Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assicinment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction;, Referencesqptions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Contractor include all personnel, employees,
agents, and subcontractors of Contractor,'except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment: Modification.. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
12
3.5.15 Waiver. _ No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Pady Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by Parties.
3:5.17 Invalidity; Severability. If any portionof this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission,, percentage, brokerage fee, gift
or other consideration contingent upon or resulting from the award or makingof: this
Agreement. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability: For the term of this Agreement, no member, officer or employee
of City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit' arising therefrom.
3.5.10 Equal' pp rtunity rn
Emplo ent, "Contractor represents' that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Contractor shall also comply with all relevant provisions of any City
Minority Business Enterprise program, Affirmative Action Plan or other related -programs .or
guidelines currently in effector hereinafter enacted.
3.5.20 labor Certification. By its signature hereunder, Contractor certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the, provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5 21 Authority to Enter A reernent. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
15.22 CoulontlegggrLsLThisAgreement may be executed in counterparts, each of
which shall' constitute one and the same instrument.
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3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between
any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to
proceed, the provisions of this Agreement will govern and control
3.6.1 Prior Anorovall Reauired. Contractor shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF DOWNEY,
a California municipal corporation
and charter city
By: By.
Luis H. Marquez, ivy� Its:
Attest,
Jimene-ZITIVIC
City Clerk
Approved as to Form. :
ite MM
. Abich Garcia
-
v
ity Attorney
UM "61
I '
J= ri
Attest:
Secretary
Approved as to Form:
Legal Counsel
14
•
TREETRIMMING
I
• . 0 '( !' Ig
The work to be performed under this contract generally consists of tree trimming maintenance services citywide, to
include trimming, tree/stump removal, planting- This contract also requires electronic management of all work
records. Within this section are the descriptions and specifications for the detailed services -and materials which=
will be necessary to provide services under the contract:
The Contractor will furnish all transportation, materials, equipment, time, labor and supplies for the improvements,
together with .the appurtenant work necessary or incidental to complete; in a workmanlike manner, the
improvements as contemplated and as intended by this contract.
A. Tree Inventory
Upon contract award, the successful Contractor shall be required to provide a complete update of the City's tree inventory of
approximately 16,000 street, park and Golf Course trees at no additional cost to the City and submit the completed inventory
to the City within 3 months of the contract awards Below is an estimated count of City trees and respective sizes.
0-6 "1;680 trees, 7-12"- 6,078 trees. 13-18 4,594 trees
19-24" 2,323 trees 25-30" - 585 trees 31+" - 278 trees.
The tree inventory data shall conform to the City's existing tree inventory` database, to match the sample noted
in the Special Conditions, Section 2 ("Definition") and include but not be limited to the following data fields:
1 Tree Location
A GPS tree inventory shall be created with a new database using the City's standardized addressing system for
all parks and open space =areas. The Contractor shall be required to create an ESRI ArcView/ArcGIS
compatible 'shape file" with latest ArcGIS'10.3 version format.
The inventory shall be capable of showing g the location of every existing tree site and vacancies on;
the City's existing GIS base maps (streets, parcels, addresses;` ROW and hardscape, etc., and shall
also include address, tree species and tree size, as included in sample described under, Scope of Work.
The tree inventory` shall be conducted by Visiting each tree site or vacant planting site and plot the
position. The. data 'shall be compatible with the 'latest version of ESRI ArcGIS 10.3 or above. The
minimum accuracy shall be within one (1) foot.
2. Measurement of Canopy Spread
As a part of the data collection process, the canopy spread will be measured using either a 'laser
rangefinder or a Roll -a -Tape, to the nearest foot, using a pre- established uniform protocol. This data shall`
be included in the inventory database in a format suitable for use by the City.
3. Tree Condition
a. General condition of individual trees
b. Pruning requirements (i.e., recommended pruning cycle)
c. 'Condition of surrounding hardscape (i,e. displaced or recent repairs)
4. Incorporate Tree Pruning Information
The City has accumulated, records of tree pruning over the last 10 years. This historical information will
need to be included as part of the updated inventory.
The Contractor will be required to perform and complete the proposed tree trimming maintenance services in -a
thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary;
to complete all the work in a timely manner that will meet the City's requirements.
B'Annual Maintenance Program
1. Upon contract award, Contractor shall be required to submit a w o r k p I a n to i n c l u d e work schedules,:
personnel and vehicles that would be required to complete the annual maintenance trimming program.
Depending on the City's current and future program needs, the scheduled work may require multiple crews to
perform concurrently within the same time constraints.
2. The Contractor shall have competent working supervisors at each jobsite at all times when work is being
performed. Each supervisor must be capable of communicating effectively both in written and oral English and
holding the necessary certifications or credentials as described for that position herein. All supervisors must
possess adequate technical background to ensure that all work is <accomplished in accordance with this
contract.
Contractor is required to have a Project Manager' available by telephone on a 24-° hour basis that is assigned to
provide direct and prompt attention to requests from City for emergency and after-hours tree service requests.
3. The; Contractor shall be responsible for responding to tree related emergency situations during normal business'
hours of operation, after-hours, weekends and holidays. , The Contractor shall have the capacity to deal
with any tree related emergency situation ranging from limbs down on single trees to storm related damage
that involves a large number of trees requiring the commitment and focus of significant resources and staffing
levels for several days. Response time and protocol during emergencies is critical to the City.
Aspartof this contract, the Contractorshall be required to make the City of Downey their priority client for
responses during emergencies that cover Los Angeles County area:
a. Electronic/Telephone responses by the Contractor to tree related emergency' calls during normal business'
hours of operation and after-hours shall be made within (15) fifteen minutes of the initial call/email.
b. The response time for a crew to arrive on-site for tree related emergencies during normal business
hours of operation is thirty (30) minutes.
c. The response time for a crew to arrive on-site for tree related emergencies outside of normal'
business hours of operation is two (2) hours.
Failure to meet these requirements; by the contract firm 'shall result in a $500 penalty for each
occurrence.
4. Contractor shall employ sufficient personnel qualified by reason of education, training and experience to
discharge the services agreed to be performed by Contractor. Contractor shall provide service of the highest
2
quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise
fully qualified to fulfill the Contractor's obligations under the contract.
5. All employees of Contractor performing services shall be dressed in clean, unaltered uniforms with suitable`
company identification. No portion of the uniform may be removed; while working. Employees not in uniform
shall be immediately removed from the work area. The Contractor shall provide a standard uniform consisting
of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All
shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee'
wearing the uniform in the field. Contractor employees shall appear neat and _well-groomed at all times.
Contractor employees shall wear orange safety vests when operating machinery or/or while working within five
hundred (500) feet of moving traffic or such other distance required by any applicable laws.
The Contractor's employees shall be subject to the following minimum requirements, skills, ,abilities and
knowledge:
a. The proper license to operate equipment.:
b. Ability to operate and maintainequipment` in accordance with the
manufacturer's recommendations.
c.- ' Mechanical ability to make required operator adjustments to the equipment being used.
d.- Knowledgeable of safety regulations as they relate to tree care and traffic control.
e. American Red Cross Standard First Aid Certification (minimum of one member of each crew).
f. Ability to communicate orally and in writing in English.
g.: Demonstrated knowledge of tree care and related operations.
6. The Contractor shall 'deli ver a level of quality that is compatible with International Society'of Arboriculture (ISA)
standards, and standards and requirements described herein, in providing tree services compatible with
standard practice that results in a neat, clean and attractive appearance to trees and associated sites serviced
under the terms of the contract.
7. The Contractor shall endeavor to maintain good public relations at all times with the. public.. All work shall be
conducted in a manner which will cause the least possible interference with or annoyance to, the public.
8. Protecting the integrity and value of the urban forest:
If, at any time, the Contractor is unclear, on what course of action to follow in the field, the Contractor shall`
consult with the City Superintendent of Maintenance and Facilities ("Superintendent"). The Contractor should
never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree.
9. Disfigurement of Trees:
Contractors responsible for the disfigurement of trees shall be penalized in an amount equal to the appraised
value of the subject tree. Trees that have been disfigured- by the Contractor will be appraised by - an
independent Consulting Arborist and the Contractor shall be penalized for that amount.:
12. Contractor shall cooperate fully with the City in the investigation of any accident, injury or death occurring on
City property including a complete written reportsubmitted to the City's Superintendent within 24 hours following
the occurrence.
Should any structure or property be damaged during permitted or contracted" tree operation, the persons
conducting the work shall immediately` notify the property owners and Superintendent. Repairs to property
damaged by the responsible party shall be made within forty eight (48) hours, except utility lines, which shalt
3
be repaired the some working day. Repairs on private property shall be made in 'accordance with the
appropriate building code under permits issued by the City of Downey as applicable. Any damage caused by
the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar
or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable
to the City.
Special attention is drawn to existing irrigation systems, plant material, landscape features, lights and utility
boxes in City parkways, parks and public landscape areas and the need to avoid damage and to repair any
damage that occurs on the same day that the damage occurs.
The Contractor's responsibility shall be continuous and not be limited to working hours or days.
13. Authority and Inspections. The Superintendent and/or his/her authorized representative shall at all times have
access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect
to the progress, workmanship and characters of materials used and employed in the work. Whenever the
Contractor varies the period during which work is carried out,, they shall give advance - notice to the
Superintendent. Any inspection of 'work shall not relieve the Contractor of any obligations to fulfill the
contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the
Superintendent.
`14. If it appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by this
contract, the Contractor shall apply to the Superintendent for such further explanation as may be necessary and -
shall conform to such explanation or interpretation as part of the contract so > far as may be consistent with
the intent of the original scope of work.
15. All work shall be completed to the satisfaction of and under the supervision of the Superintendent or
designated representative. Failure to comply with any requirement contained herein may result in suspension
of work without time extension. Inspection of work will be done by the City Arborist and staff, during the
performance of work or when deemed necessary.
If any portion of the work done under the contract proves defective or not in accordance with the specifications,;
and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or
undesirable, the City Arbodst,shall have the, right and authority to retain the work, but he may make such
deductions in the payment due the Contractor as may be just and reasonable.
Any work which is defective or deficient in any of the requirements of this contract shall be remedied or removed
and replaced by the Contractor in an acceptable manner at its own expense.
In any other case, a letter will be sent to Contractor noting these deficiencies, and the Contractor shall make
a reasonable and good faith effort to correct the deficiencieswithin a reasonable` period not to exceed three (3)
days from notification.After this time period, if unacceptable conditions still exist, the City has the right to
terminate the Agreement or deduct- payment as is proportionately appropriate for non-compliance with the
specified contract.
16. The Contractor shall recognize the rights of utility companies within the public right of way and their need'
to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage;
to utility facilities and to adjust schedules when utility operations prevent the Contractor from performing
maintenance during a specified time frame. No additional compensation will be allowed for complying with
these requirements.` Contractor shall notify the Superintendent of any utility that is disturbed or damaged.
4
18. Upon completion of work on individual street segments that are under the contract, Contractor shall clean the
work site and all grounds adjacent to the work area of all rubbish, excess materials and equipment. All sections
of the work area shall be left in a neat and presentable condition, Care should be taken to prevent spillage
on streets over which work or hauling is done, and any such spillage or debris deposited on street due
to Contractor operations shall be immediately cleaned up.
19. Overnight parking of equipment, leaving unattended debris and staging of materials on City streets will not be
permitted. Waste bins shall be removed from individual street segments once the work has been completed.
20. All equipment used and all maintenance practices employed 'shall be subject to the inspectionof the
Superintendent or designated representative and shall meet safety and functional, requirementsdescribed'
herein. All vehicles and, equipment operating under this contract shall be properly ,marked with
company identification. All equipment must be maintained in a good state of repair. All safety guards shall be in
place. No equipment shall leak oil or fluids. No equipment shall present any potential danger to the operator,
co-workers, passing motorists or pedestrians.
Failure to comply with this provision will be cause to have the equipment` removed from the job site. It is the
Contractor's responsibility to maintain ,a sufficient inventory of equipment, so as to complete the work as
specified. All equipment is to be approved by the City prior to the start of the contract. It is the Contractor's
responsibility to notify the Superintendent or designated representative of any change in the equipment
inventory during ;the performance of the contract. This notification shall come in the form of an updated
`equipment inventory list,presented in the form of a`letter on dated company' letterhead. Failure to comply with
this provision will be grounds to remove the Contractor from the job site until such time as equipment inventory
discrepancies are addressed to be compliant with the inventory supplied with the bid submittal or equal
23. The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work or
to omit portions of the work; so described as may be deemed necessary or expedient by the Superintendent or
designated representative .and 'the <Contractor shall agree not to claim or bring suit for damages, whether for
loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City`
shall reduce the price accordingly. Alterations, modifications or deviations from the work described in the
scope of services by Contractor shall be subject to the prior written approval of the City. Any price adjustments
shall be made by mutual consent of the parties as set forth in this contract.
Lane; closures; shall be limited between the hours from 9:00 a.m, to 4:00 p.m. during working days only, unless
otherwise authorized by the: Superintendent. During these times the street may be reduced to one travel lane in:
each direction. At all other times, the Contractor shall keep all travel lanes open for traffic.
The Contractor shall be responsible for all temporary paving, removal/reconstruction of conflicting improvements,
striping, traffic control, adjustments to construction sequencing and, logistics, as necessary to provide saidtravel
lane(s).
4. STAGED CONSTRUCTIONIORDER OF WORK
Within five (5) days after the Notice to Proceed has been given, and prior to the start of any work, the Contractor shall submit to
the Superintende .. nt for approval three (3) copies of its proposed maintenance schedule to comply with the City's requested grid
trimming, consisting of approximately 8,000 trees annually to be trimmed. If the Superintendent notifies the Contractor that the
schedule is unacceptable, the Contractor shall submit a revised schedule within five (5) working days thereafter, to include
corrections requested by the Superintendent. The schedule for all trimming work will require prior approval by the
Superintendent. The Contractor shall start work within five (5) days after receiving the approved schedule from the
Superintendent.
P r i o r to the s t a r t o f e a c h w o r k d a y, the Contractor shall be required to provide the
Superintendent with a written schedule, by email, of all daily tree maintenance operations including but not
limited to trimming;: planting, removals, stump grinding, root pruning, and watering. Such daily report shall include the
location of work being done and the name of the Foreman/Supervisor on site and his/her cell phone number. Any changes
to the order of work shall be approved in writing by the Superintendent.
5. COORDINATION WITH CITY OF DOWNEY, OTHER AGENCIES, AND UTILITIES
The contractor shall be responsible for the coordination of the work with other agencies and utilities.
A. Qtyof !o e
1) The Contractor shall contact the Traffic Engineering Division, Mr. Edwin Norris at (562) 904-7109, at
least two working days prior to start of work.
B. Underground Service Aiert,
2) The Contractor shall contact Underground Service Alert at least two Working days Prior to excavating,
The Contractor shall notify Underground Service Alert by calling 811 to assist in the location of
underground utilities.
C. Refuse Collection and Street Sweeoma Services
1) The Contractor shall notify CalmeBervices at (562) 869-7331 at least 48 hours prior to the beginning of
work, in order to coordinate the work with refuse collection operations in the area. In accordance with
Subsection 7-10.1, "Traffic and Access," of the SSIPWC, it shall be the Contractor's responsibility to see
that trash is picked up within the limits of the job.
2) The Contractor shall notify Nationwide Environmental Services at (562) 80-0604 at least 48 hours prior
to the beginning of work, in order to coordinate the work with the street sweeping operations in the area.
D. Other Utilh Qons panles,and —Agencies
1 ) The Contractor Will be required to cooperate With the delivery of mail and to maintain existing schedules
for the services.
2) The Contractor shall coordinate with the Downey Link Transit, (562) 529 -LINK to plan and to
accommodate bus routes and passengers at least five (5) Working days prior to commencement of any
work which will involve any of their facilities. Temporary bus stops shall be maintained to accommodate
bus passengers and buses:
The: Contractor shall coordinate With the Los Angeles County Metropolitan Transportafion Authority
(Metro) to plan and to accommodate bus routes and passengers at least five (5) working days prior to
commencement of any work which will involve any of their facilities. Contact Mr. Don Baumgartner,
Metro Stops and Zones at (213) 922-4632. Temporary bus stops shall be maintained to accommodate
bus passengers and buses.
Full compensation for satisfying the requirements of coordination With other agencies and utilities shall be
R
considered as included in the appropriate bid item and no additional compensation will be allowed therefor.
. TRAFFIC CONTROL
Traffic; controls, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and
pedestrian access, detours and street closures, shall be in accordance with Subsection 7-10, Public Convenience
and Safety," of the SSPWC, including all its subsequent amendments; the latest edition of the California Manual on
Uniform Traffic Control Devices, as published by the Department of Transportation of the State of California, and
the following Special Conditions._ In the event of conflict, this contract shall take precedence over the Manual of
Traffic Controls, and the Manual of Traffic Controls shall take precedence over the SSPWC.
A. General Requirements
1. The Contractor shall have exclusive control and responsibility for the ongoing work, all traffic control
and safety devices, signage, roadway markings, equipment and materials at all times.
2. > The Contractor shall conduct his operations so as to offer the least possible obstruction and inconvenience
to the public, and shallhave no greater length or amount of work than can be prosecuted properly with due =
regard to the rights of the public.- The Contractor's operations will cause no unnecessary inconvenience.
The access rights of the public will be considered at all times.
3. The Contractor: shall furnish and maintain all signs, channelizing °devices, barricades, temporary traffic
striping and pavement markings, lighting devices, etc., to safely guide the traffic through the project limits,
as described herein, and as directed by the City Engineer ("Engineer").
4. Should the Contractor be neglectful, negligent or refuse, fail or otherwise be unavailable to promptly,
satisfactorily andfullycomply with the provisions specified and referred to hereinabove, the City
reserves the right to correct and/or mitigate any situation, which in the sole opinion of the
Superintendent constitutes a serious deficiency and/or serious case or noncompliance, by any means at
its disposal at the Contractor expense, to deduct the cost therefor from the Contractor's progress and/or
final payments. Such corrective action taken by theCityshall not reduce or abrogate the Contractor's
legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer
said obligations and liability from the Contractor to the City or the City's agent.
5. Violations of any of the above provisions and/or provisions of the referenced publications,: unless
promptly and completely corrected to the satisfaction of the Superintendent, shall, at the sole discretion
of the City, be grounds for termination of the Contractor shutdown or partial shut down of the work
without compensation to the Contractor or liability to the City, all as prescribed by contractual obligations
or State law, whichever is applicable.
B. Pedestrians
A minimum walkway of 48 inches in width must be maintained at all times for safe pedestrian passage;
through all parkway work areas. Crosswalks shall remain unobstructed at all times. Obstructions within the
walkway areas shall be illuminated during the hours of darkness and marked with Type II barricades with
flashing warning lights.
1.- The Contractor shall keep the areas adjacent to the project site clear of any objects that may be
hazardous to pedestrians and "motorists. Conditions to reroute pedestrians, including: the disabled,
around the work area must be clearly delineated and maintained.` If the Contractor's operations require
the closure of a walkway, then another walkway shall be provided nearby, off the traveled roadway,
along the general path of travel
C. l rives'
7`
Vehicular access to driveways shall be maintained at all times, except when necessary construction
precludes such access for temporary periods, as follows:
a parkin
On -street parking may restricted within the project limits during the specified working hours on weekdays
only, Temporary"NO PARKING — TOW AWAY" signs shall be provided and posted by the Contractor not
less than forty-eight (48) hours in advance of the start of construction requiring said restrictions, even if
streets are posted with "No Parking Signs."
E. Lane Closures
The Contractor shall comply with the following general lane closure requirements:
1. '`Lane closures shall be limited to 9:00=a.m. to 4:00 p.m. Monday through Friday, unless otherwise
authorized by the Engineer.
2. The Contractor shall plan and prosecute the work such that all lanes of traffic are open during non-
working hours. No lane closures will be permitted between the hours of 4:00 p.m. and 9:00 a.m. unless
authorized by the Engineer.
3. Flashing .Arrow Signs (sequential arrow boards)` shall be utilized for all closures of through all travel
lanes and all signalized cross streets, as designated by Engineer.
4. Left turns shall be maintained at all times to the °fullest extent possible. When permitted by the
Engineer, left turn lanes may be closed with 133-18, "NO LEFT or U-TURN," signs placed bothat the
beginning and end of each left turn lane closed.
5. Right turns shall be maintained at all times to the fullest extent possible. When permitted by the
.Engineer, right tum lanes may be closed with R3-1, "NO RIGHT TURN," signs placed both at the
beginning and end of each right turn lane closed.
6, To allow for equipment movement and cleanup; during various construction operations, momentary
stoppage of traffic and tum movements will be permitted, using flagging procedures.
F Road Closures
Road closures shall be prohibited, unless otherwise directed by the Engineer.
G.
:Co ration and Collateral Work
The Contractor shall be responsible for ascertaining` the nature and extent of any simultaneous, collateral,
and essential work by others. The City, its workers and contractors and others, shall have the right to
operate within or adjacent to the work site during the performance of such work. The City, the Contractor,
and each of such workers, contractors and others, shall _coordinate their operations- and cooperate to
minimize interference. The Contractor will not be entitled to additional compensation from the City for
damages resulting from such simultaneous, collateral and essential work. If necessary to avoid or minimize
such damage or delay, the Contractor shall re -deploy its work force to other parts of the Work.
Full compensation for compliance'' with the provisions specified and referred to hereinabove under Traffic Control
shall be considered as' included in the work, and no additional compensation will be allowed or paid for.
7. SAFEGUARDINGQF EOUIPi ENT MATERIALS AND WORK
Contractor shall properly safeguard all equipment, material, and work' against loss, damage, malicious mischief, or
tampering by unauthorized persons until acceptance of the work by the City. Locked and covered storage, or
continuous surveillance by a watchman, shall be provided by the Contractor, if required to accomplish this purpose.
All costs for safeguarding equipment, material, and work shall be considered incidental to the cost of the work, and
2
no additional compensation will be allowed or paid for,
8. STORM WATER RUNOFF
National Pollutant Discharge Elimination System (NPDES) for Storm Water Discharges Associated with
Construction and Land Disturbance Activities Water Quality Order No. 2009-0009-DWQ
On September 2, 2009, the State Water Resources Control Board (SWRCB) adopted Order No.,2009-0009-DWO
(Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities and
Land Disturbance Activities). Effective July 1, 2010, all discharges (construction sites where calculated soil
disturbance totals I acre or more) are required to obtain -coverage -and comply with this Construction General
Permit (CGP).
A copy of this permit and related documents/aftachment8 may be found on the internee at:
het p;/hvww,swrcb.ca.aovlwg!e��`l$SU�S/t0arams/stormwate ons!pe mits.shtmi
The Contractor is hereby directed to read and understand all the requirements of this Permit as they related to this
project.
1. FAILURE TO COMPLY
If the Contractor should refuse or neglect to comply with the provisions of the Contract or the Orders of the
Superintendent, the City may have such provision or orders carried out by others at the expense of the Contractor.
9. NONCOMPLIANCE WITH CONTRACT
Failure Of the Contractor to comply with any requirement of this contract or failure to immediately remedy any
noncompliance upon notice from the Superintendent, may result in suspension of contract progress payments. Any
progress payments so suspended shall remain in suspension until the Contractors operations are brought into
compliance to the satisfaction of the Superintendent in accordance with this contract. No additional compensation
will be allowed as a result of suspension of progress payments due to noncompliance With this contract..
10, SITE ACCESS.
The Superintendent or his representative, testing agencies, and government agencies with jurisdictional interests
shall be allowed access to the work at all times for their observation, inspection, and testing. The Contractor will
provide proper and safe conditions for such access.
11. SAFETY
All work will be performed in compliance with the standards as established by OSHA and in accordance with the
appropriate State of California regulations. It will be the Contractor's responsibility to acquaint them and abide by
these regulations during all phases of construction. The Contractor will hold harmless and indemnify the City and
its agents for any damages caused by failure to abide by said regulations.
12, PARKWAY RESTORATION
The Contractor shall restore parkway areas as well as private/City properties that were disturbed. due to the
Contractor's operation. Parkway restoration shall be done in accordance with and shall include all work specified in
Subsection 300-1, "Clearing and Grubbing," and Subsection 7-9, "Protection and Restoration of Existing
Improvements," of the SSPWC, except as modified below or specifically covered elsewhere in this contract.
.3
18. FINAL CLEANUP
13.1. C
leaninfl and Dust Control'
Clean-up and dust control shall conform to Subsection 7-8.1 of the SSPWC. 'During execution of work, the
Contractor will daily clean the site, adjacent properties, and public access roads, and dispose of waste
materials, debris, and rubbish to assure that all affected properties are maintained free from
accumulations of water, materials and rubbish. Watering for dust control shall consist of developing a'
water supply and furnishing and placing all water required for dust control.
Contractor will provide containers for collection and disposal of waste material s, debris, and rubbish.
Contractor will cover all loads of excavated material leaving the site or of material being imported, to
prevent excessive dust from beingcreated.
13.2. Clean
At the end of each day, Contractor shall be responsible for the clean-up of all job sites. All job sites must
be left in a safe and orderly condition. The Contractor will perform additional clean -upas directed by the
Superintendent. The cost for all clean -up°shall be considered incidental to the cost of the work and no
additional compensation will be allowed therefor.
14. PERMITS AN} LICENSES
14.1. City dt Dowho v Business License
The Contractor and all sub -contractors shall be required to obtain a City of Downey Business Licenses`
(Business License fees shall not be waived). The cost for obtaining business licenses (inclusive of
Contractors and/or subcontractor's time) shall be the Contractor and/or sub -contractor's responsibility,
and no additional compensation will be allowed or paid for. Contractor and all subcontractors shall provide
a copy of their City of Downey business license to the Superintendent.
14.2. Contr does Ltcense
Contractor must possess a valid Class "C-27 and D-49" Contractors License' from the California'
Contractors State License Board at time of bid, and must maintain the Class "C-27 and D-49" license
in good standing with the California Contractors "State License Board throughout the duration of the
project.
All 'Subcontractors utilized by the prime contractor' must possess a valid contractor's license from the
California Contractors State License Board with respect to their appropriate classification for the work to
be performed. All subcontractors must maintain their License in good standing with the California'
Contractors State License Board throughout the duration of the project.
14.3. South Coast :Air Q! raji Mann ement' Disfrict SCA QMD
Contractor's operations shall be in accordance with all current SCAQMD requirements arid laws. The
Contractor isresponsible for compliance with Fugitive Dust Regulations issued by the Air Quality
Management 'District (AQMD). The Engineer shall have the authority to shut down the operations of the
Contractor in the event of non=compliance with AQMD regulations. No compensation or expenses of the
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Contractor incidental to obtaining AQMD permits, or for adhering to AQMD requirements, will be allowed
or paid for. Any fines or penalties levied by the AQMD shall be the Contractor's sole and complete
responsibility.
15. PATENTS AND COPYRIGHTS
The Contractor shall indemnify and "save harmless the City and its officers, agents and employees against all,
claims or liability arising from the use of any patented or copyrighted design, device, material, or process by the
Contractor or any of his subcontractors in the performance of the work.
1 1 0
The lump sum amounts to be paid for the Bid Items listed in the Bidding Form shall include full compensation for furnishing
all labor, materials, tools, equipment and incidentals necessary to the completed work and for performing all work
contemplated and embraced under this contract This shall include the Contractor's costs involved with bonding, insurance,
worker's compensation, overhead, financing, obtaining required permits and permit fees, mobilization, traffic control, public
convenience and safety, protective barricading, temporary sanitary facilities, storage of, equipment and materials, security`
against theft and vandalism, project site maintenance, dust and runoff control, clean-up and all other items incidental to the
work,
1. Gdd Trimming
This item shall consist of scheduled grid trimming (structural prune, crown raising, crown cleaning) of all City -owned'
trees, regardless of species, height or diameter at standard height (DSH), in 16 geographic Districts (grids), within a
designated 24 -month cycle. The Grid Trimming services shall include street tree trimming, palm tree trimming,
high-voltage line clearance, trimming trees in City parks, trimming trees at the Rio Hondo Golf Course, removal and
disposal of trimming wastes, and all appurtenant work thereto necessary for the satisfactory completion of the
required services, in accordance with this contract.
Payment shall be made at the Contract Unit Price for each tree actually trimmed, regardless of species, height or
DSH.
2. Computer GIS Database 6GPS_Inven_t_o
Within the first 90 -days of the Contract term, the Contractor shall be required to provide the following;
Conduct a GPS inventory of the Cit "s trees to be trimrned under this Contract ;at no cost to the Ci!y. GPS
accuracy should be within1' (one foot)
Develop and provide electronic media of relational database of the City's tree inventory in Microsoft Access
2010, and ShapeFile (ESRI Format) in State Plane Coordinates (CALZOneV NAD 83) with a front-end
Graphical User Interface (GUI) application to display, query and generate reports of the tree data with latest
ArcGIS 10.3 version format.
Tree inventory system database shall be web -based, and capable of linking to City's existing GIS, and include`
all attributes noted below.
Install tree inventory database, and tree inventory software to be used locally on City's computers
it Provide a minimum of two training sessions in the use and manipulation of the street tree database, with City'
staff to include hands-on demonstrations
As trees are trimmed, removed or replaced under this Contract, the Contractor shall update the computer database
records indicating the date of the most recent service provided and vital statistics/attributes of the individual tree,
such as: Tree number; City district/grid number; Area Type - C-Commercial/ParkslR-areas/Residential; Street;
Location by Address; Location by GIS; Species by botanical name and common name; tree diameter; tree height;
recommended maintenance classification; existing overhead utilities; parkway size; parkway type; sidewalk
damage. See a sample listing below. All these attributes must be able to be queried to provide reports/listings'for'
any combination of one to all of the noted fields. Other reports that must be generated by the system shall include'.
complete tree inventory by grid; species count by type; value of the urban forest; job balance and GPS accessibility
(if any). The system should also include a report that identifies trees that are diseased or dying; recommended for
removal; or notation of other safety hazards found upon each tree; upon observation by the Contractor's certified
Arborist during scheduled or unscheduled service activity. This report noting all safety hazards and requiring
/recommending removal of trees or other activity, shall be provided to the City on a bi-weekly basis for further
direction by the City.
The Contractor shall update the database on`a weekly basis and furnish to the City both a hardcopy and digital
copy of the database record of work completed with each progress billing. Contractor shall update and maintain
the tree site specific, internet accessible; computerized tree inventory system to reflect changes in baseline data
(e.g. species, height, DSH) and to record the date, cost and crew identity for any trimming, removal, planting or
emergency response work that occurs at any tree site at which tree work is performed. The system shall
be upgraded to reflectthe removal and replacement of trees, as well as the addition of trees to the
inventory. The system shall be capable of maintaining and displaying all past work histories for any and all
tree sites in the inventory, both individually and collectively byquery, as well as future scheduling to the extent
known. The database/system shall also be capable of toolstfunctions that allow work order submission and
tracking; for the city's use in sending service requests for any unscheduled activity, and to note Contractor
scheduled activity and updates.
Additionally, the City will provide the Contractor, by electronic submission (email), all pertinent information such as
vital statistics/attributes, on all tree maintenance'work/activity completed by City labor forces, to have the
database/inventory updated by the Contractor, on,a weekly basis.
The computer database described above shall be considered an instrument of service under this Contract, and
shall remain the property of the City of Downey during the life of and following the termination of this contract. The
computer database described above shall be considered an instrument of service under this Contract, and shall
remain the property of the City of Downey at the termination of this contract.
This Item shall consist of conducting`a GPS inventory of the City's trees to be trimmed under this Contract,
including the development of a relational database of the City's tree inventory, furnishing and installing necessary
software; and training City staff to manipulate the data, perform queries, and generate reports, etc., and all
appurtenant work thereto necessary for the satisfactory completion of the required services, in accordance with this
contract
This system shall be password accessible 'twenty four (24) hours each day of the year via the internet.
Historic tree inventory and work history data, to be provided by°the, City, shall be uploaded and operational within
Contractor's 'tree inventory system prior to the commencement of any tree service work under the terms of an,
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awarded contract. All aspects of the system includirig,, but not limited to data eritty, systern maintenance,- UsteLn
hardware andlor software upgrades and server security and stability shall be the responsibili!y of the Contractor and
shall be 2tovidedat no cost to the City of Qqwney. The system shall not be proprietary in the nature of its function
and shall operate and interface with common computer software and web based applications, including the ability to
export data into common spreadsheet applications. The records created for the City shall be the property of the
City.
The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as
may be requested by the City. The Contractor shall provide complete support with experienced staff available to the
City during the hours of 7 a.m. to 5 p.m. Monday through Friday. The Contractor shall be readily available by
telephone, email, or may respond to the City's location within a timely manner to resolve any technical issues related
to this database.
Tree siteltask specific hardcopy backup data for any work that has occurred during a billing cycle shall accompany
the invoicing for that period and shall be accessible for review on the internet based computerized tree inventory
system prior to the submittal of invoicing for that work. Invoicing for work that does not meet the requirements
defined herein will not be processed for payment until such time as the requirements have been satisfied.
Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for
termination of the agreement.
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The Contractor shall perform services in addition to those specified in this contract when directed to do so by the City.
These additional services will consist of unscheduled tree trimming maintenance services of trees including, but not limited
13
to service request tree trimming, tree removal, stump removal, root pruning, root barrier installation, and planting of trees,
with or without root barriers, removal and disposal of waste materials, and all appurtenant work thereto necessary for the
satisfactory completion of the required services.
Payment for Additional Services shall be made at the Contract Unit Price for each Service actually completed and shall
include full compensation for all materials, labor, equipment, tools, and incidentals. The Contract Unit Prices are those as
set forth in this contract.
The Contractor shall transport and dispose of all tree wastes in accordance with all City, County and Federal requirements.
This Item shall consist of a service request based, full prune/aesthetictrim, as directed by City Service Request,
regardless of species, height or DSH, at any location throughout the City, on public streets, in City parks or the Rio
Hondo Golf Course, including removal and disposal of trimming wastes, and all appurtenant work thereto
necessary for the satisfactory completion of the required services, in accordance with this contract.
Payment shall be made at the Unit Price per each tree actually trimmed by Contractor, regardless of
species,height or DSH.
This Item shall consist of complete removal of tree and stump, as directed by City Service Request, regardless of
species or height, at any location throughout the City, on public streets, in City parks or the Rio Hondo Golf Course,
including removal and disposal of all trimming, wood and stump grinding wastes, and all appurtenant work thereto
necessary for the satisfactory completion of the required services, in accordance with this contract.
Payment shall be made at the Contract Unit Price per inch diameter' at standard height (inch-DSH) of trunk and
stump actually removed by the Contractor, regardless of species or height.
5. Furnish & Plant 24 -Inch Box Tree
This Item shall consist of furnishing and planting of 24 -Inch Box Trees, as directed by City Service Request,
regardless of species, at any location throughout the City, on public streets, in City parks or the Rio Hondo Golf
Course, including double staking, trunk guard, soil preparation, removal and disposal of all wastes, and watering for
ninety (90) calendar days; and all' appurtenant work thereto necessary for the satisfactory completion of the
required services, in accordance with this contract.
Payment shall be made at the Contract Unit Price per each 24-Inchbox tree actually' furnished and planted by
Contractor.
6. Crew Rental unit
This item consists of one three man crew (1 trimmer, 2 grounds person), aerial unit, dump truck and chipper.
Special projects that are difficult to access, or require the need for specialty equipment (i.e. 95 foot tower), would
fall under Crew rental. The crew and equipment can be modified to complete any type of miscellaneous task
including special projects that may consist of extraordinary work as approved by the City.
Payment shall be made at the Contract Unit Price per each hour of work completed by the Contractor.
Mt O •
�r •
This Item shall consist of stump removal only, as directed by City Service Request, regardless of species, at any
location throughout the City, on public streets, in City parks or the Rio Hondo Golf Course, including removal and
disposal of all stump grinding wastes, furnishing and placing clean topsoil backfill, restoration of disturbed turf
areas, and all appurtenant work thereto necessary for the satisfactory completion of the required services, in
accordance with this contract.
Payment shall be made at the Contract Unit Price per inch of tree stump diameter actually removed by the
Contractor, regardless of species. Assumes stump height of "1 -foot or less.
This Item shall consist of root pruning, as directed by City Service Request, regardless of species, at any location
throughout the City, on public streets, in City parks or the Rio Hondo Golf Course, including removal and disposal`
of all root pruning wastes, placement and compaction of clean topsoil backfill, and all appurtenant work thereto
necessary for the satisfactory completion of the required services, in accordance with this contract.
Payment shall be made at the Contract Unit Price per lineal foot -inch of root pruning actually completed by the
Contractor, regardless of species. Measurement shall be per lineal foot of root pruning completed times the depth
of the root pruning cut, in inches. Thus 10 lineal feet of a root pruning cut extending 24 inches deep shall equal a
pay quantity of 24 lineal foot -inches.
9-11. Furnish & Install loot Barriats b suet
This Item shall consist of furnishing and installation of root barrier, as directed by City Service Request, regardless
of species, at any location throughout the City, on public streets, in City parks or the Rio Hondo Golf Course,
including removal and disposal of all wastes, and all appurtenant work thereto necessary for the satisfactory
completion of the required services, in accordance with this contract.
Payment shall be made at Contract Unit Price per square foot of root barrier actually furnished and installed by
the Contractor, for 12 inch, 18 inch, and Biobarrier product.
12, Furnish & Plant 36 -Inch Box Tree'
15,
This item shall consist of furnishing and planting of 36 -Inch Box Trees, as directed by City Service Request,
regardless of species, at any location throughout the City, on public streets, in City parks or the Rio Hondo Golf
Course, including double staking, trunk guard, soil preparation, removal and disposal of all wastes, and watering for
ninety (90) calendar days, and all appurtenant work thereto necessary for the satisfactory completion of the
required services, in accordance with this contract. .
Payment shall be made of the Contract Unit Price per each 36 -Inch box tree actually furnished and planted by the
Contractor.
13. Plant City -Furnished 15 Gallon Tree'
This Item shall consist of planting 15 gallon Trees, as directed by City Service Request, regardless of species, at
any location throughout the City, on public streets, in City parks or the Rio Hondo Golf Course, including double
staking, trunk guard, soil preparation, removal and disposal of all wastes, and watering for ninety (90) calendar
days, and all appurtenant work thereto necessary for the satisfactory completion of the required services, in
accordance with this contract.
Payment shall be made at the Contract Unit Price per each 15 gallon tree actually planted by Contractor.
14. Elant Citk-Furnished 24-Imh Box Tree
This Item shall consist of furnishing and planting of City -furnished 24 -Inch Box Trees, as directed by City Service
Request,, regardless of species, at any location throughout the City, on public streets, in, City parks or the Rio
Hondo Golf Course, including double staking, trunk guard, soil` preparation,removal and disposal of all wastes, and
watering for ninety (90) calendar days, and all appurtenant work thereto necessary for the satisfactory completion
of the required services, in accordance with this contract.
Payment shall be made at the Contract Unit Price per each City -furnished 24 -Inch box tree actually planted by the
Contractor.
15. Plant Cit -furnished 3-Inch'13ox Tree
This Item shall consist of furnishing and planting of City -furnished 36 -Inch Box Trees, as directed by City Service
Request, regardless of species, at any location throughout the City, on public streets, in City parks or the Rio
Hondo Golf Course, including double staking, trunk guard, soil' preparation, removal and disposal of all wastes, and
watering for ninety (90) calendar days, and all appurtenant work thereto necessary for the satisfactory completion
of the required services, in accordance with this contract.
Payment shall be made at the Contract Unit Price per each City -furnished 36 -Inch box tree actually planted by the
Contractor.
16: Waterina of vounci trees
a., This item shall consist of one watering truck and operator, per day, as directed by City Service Request, for
watering of newly planted City trees at any locations among various routes throughout the City, on public
streets, in city Parks, or the Rio Hondo Golf Course. Payment shall be made at the Contract Unit Price per
each day of watering provided by the Contractor.,
16
17. ISA Certified Arborist
This item consists of one ISA Certified Arborist to complete inspections of City tree conditions in addition to the -
regularly scheduled operation, based on service requests and specific locations identified by the City, on an hourly
basis. Upon inspection, Arborist is to provide the City with a written report, to include his/herrecommendation for
tree removal/replacement, or other recommended action along with photographs of tree/condition.
Payment shall be made at the Contract Unit Price for the actual time spent on inspection and preparing subsequent
reports, per hour, and not based on a minimum charge.
18-20. General Labor Rates:
a. Grounds person — on hourly basis
b. Equipment Operator- on hourly basis
c. Trimmer - on hourly basis
Payment shall be made atthe `Contract Unit Price per each hour of work completed by Contractor.
Emergency Services During Work Hours'
During regular work hours, Monday to Friday from 7:00 a.m. to 5:00 p.m., the City may call upon the Contractor to respond
to an emergency situation that requires immediate tree trimming/maintenance services. These situations may include, but
not limited to tree trimming/removal due to damage inflicted by high winds storms, floods, traffic collisions, and other
emergency callouts. The Contractor is required to respond to these emergency services requests within two (2) hours of
notification time. Failure to respond within the designated time will result in penalties as indicated in section 1.
Payment for any emergency services required during work hours shall be made at the Contract Unit Price for the total actual
work hours required to complete the assigned tasks and shall include full compensation for all materials, labor, equipment,
tools, and incidentals. The Contract Unit Price for these Emergency Services shall be stated in the Proposal.
Ft
21. bri
r r
This Item shall consist of a fully equipped three pian crew called in for emergency tree trimming/removal during
"normal working hours (Monday through Friday from 7:00 am to 5:00 p.m.), as directed by City verbal orders,
regardless of species, at any location throughout the City, on public streets, in City parks or the Rio Hondo Golf
Course, including removal and disposal of all trimming, wood and stump grinding wastes, and all appurtenant work
thereto necessary for the satisfactory completion of the required services, in accordance with this contract.
Payment shall be made at the Contract Unit Price for the total actual hours required to complete the assigned
tasks.
17
This Item shall consist of a fully equipped three man crew called in for emergency tree trimming/removal outside of
normal working hours (Monday through Friday from 5:00 pm to 7`00 am), as directed by City verbal orders,
`regardless of species, at any location throughout the City, on public streets, in City parks or the Rio Hondo Golf
Course, including removal and disposal of all trimming, wood and stump grinding wastes, and all appurtenant work
thereto necessary for the satisfactory completion of the required services, in accordance with this contract.
Payment shall be made at Contract Unit Price for the total actual hours required to complete the assigned
tasks.
PART 1 GENERAL
1.01 REFERENCE STANDARDS
All work shall conform to American National Standards Institute (ANSI) A300 Part 1—"2001 Tree, Shrub and other
Woody Plant Maintenance — Standard Practices for Pruning, and the Western Chapter of the International
Society of Arboriculture Pruning Standards.
Contractor shall comply with the Cal/OSHA`General Industry and Electrical Safety Orders and ANSI Standard
2133.1 Pruning, Trimming, Repairing, Maintaining, and Removing Trees and Cutting Brush - Safety
Requirements.
All work shall' generally conform to the currentedition of the Standard Specifications for Public Works Construction'
(SSPWC) written and promulgated by Public Works Standards, Inc., a mutual benefit corporation
comprised of members of the American Public Works Association, the Associated General Contractors of
California, the Engineering Contractors Association, the Southern California Contractors Association and
BNI Publications, Inc.
1.02 STANDARD OF PERFORMANCE
Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the
highest professional standards and shall be performed by qualified and experienced personnel. Contractor further
agrees that any work performed, materials or equipment furnished by Contractor under the Contract shall meet fully
the requirements of this contract and be subject to the approval and acceptance of the City.
1.03 INSPECTION
The Superintendent shall be furnished with every reasonable facility for ascertaining full knowledge of the daily tree
maintenance operations involving the workmanship, character of materials and equipment used and employed in
the work.
Inspection of the work shall not relieve the Contractor of any obligations to complete the work as'outlined 'in this
document. Defective work shall be made good even if the defective work was not pointed out during the initial
inspection and the work was accepted for payment.
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Any work found to be unacceptable will be °noted in writing. Upon receipt of notice of any deficiencies; the
Contractor shall make a reasonable effort to correct the deficiencies within five (5) working days. If unacceptable
conditions are not corrected within this time period the City shall have the right to deduct payment or have services
performed by others at Contractor's expense.
Inspection of Hazardous Conditions
All City treesshall' receive routine maintenance and periodic' inspections by the Contractor. The Contractor must
have an ISA certified Arborist be on site for a regularly scheduled minimum of eight (8) hours per week. The
Arborist's scheduled time in the City shall be noted in the daily work schedule that is to be provided to the City
electronically at the start of everywork day.
Tree problems that; are clearly visible by inspection, but not considered hazardous, will be reported by the
Contractor's Arborist to the City Superintendent, or his/her designee, for direction and/or further evaluation. The
Arborist and Tree workers must inspect for any obvious hazards related to trees, including uplifted sidewalk
segments. All hazardous situations should be corrected or promptly reported to the City. The Arborist and/or crew
performing the tree trimming maintenance work shall properly notify the City of any tree related problems that are
clearly visible, including weakened or defective trees. This shall be submitted to the City in written form, if not
considered hazardous, on a biweekly basis;, or within 24 hours, if deemed hazardous.
Y
A. Definitions
Where "as directed", "as required", "as permitted", "approve", "acceptance", or words of similar import are
used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of
Downey is intended unless otherwise stated. As used herein, "provide" shall be understood to mean "provide
complete", in total The word "site" as used hereinafter shall be understood to mean the location receiving
the service. The use of the word "Contractor'>shall be held to mean the Contractor and/or any City -approved
person or company employed by Contractor and working under this contract.
B. Public Noticing
The Contractor shall supply and post standard signage on the trunk of the tree at the site work at which work is to be;
performed, at least forty-eight hours (48) in advance of work with the signage clearly stating what type of work is
to be done and what affect the work will have on parking availability at that „particular site. Posting shall be
affixed to the tree trunk using materials that do not cause permanent damage to the tree. In the event that a tree'
trunk is not available for posting, the Contractor shall affix the posting to a standard size safety cone and place that
cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding.
C. Tool` Sanitation
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected
with a ten (10) percent chlorine bleach solution, after each cut and between- trees where there is - danger of
transmitting the disease on tools. Fresh solution shall be mixed daily. 'Old solutions shall be disposed of through
proper disposal methods. Dumping used or old bleach solutions on the ground or down the storm drain and will
result in severe penalties to the Contractor.
D. Wildlife Protection
19
Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all
sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is
'determined to be active, there shall be no work of any type in the tree in which the nest is found without the written
permission of the Superintendent, or his/her designated representative. At no time shall any nest or wildlife be
removed from its location.
In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify the City's Animal
Control service and/or the nearest appropriate animal rescuefacility shall be contacted for assistance.
E. Pre -inspection
Prior to the commencement of any work in the vicinity of any tree, the Contractor shall identify the location of utilities,
irrigation components and/or any private property element(s) that could be compromised by'any work activity. If
identified, the Contractor shall take appropriate action to protect same. If, during the course of pre -
inspection; the Contractor identifies damage that exists before the onset of work, the Contractor shall document"
the damages with photos and, reportsuch damage to the Superintendent or designated representative prior to
commencing work in that area. All photo` documentation shall have the time and date embedded. Any claim of
damage that cannot be refuted by photo -documentation and/or a written report to the Superintendent shall be
considered the responsibility of the Contractor.
F. Setup, Operations, Equipment Staging
The Contractor shall setup, operate and stage in a manner that presents the least amount of disruption to residents,
businesses, the public and traffic flow._- Outside of an emergency situation, at no time Will multiple setups or
equipment staging be allowed on both sides of a`street within the same block. Equipment shall never be stored or
left unattended on a public street, City facility or private property. The staging of equipment shall not be
exempt from the work hour restrictions defined herein.
G. Risk 'Management:
Tree work is a controlled task. At no time should work be performed so as to result in'a loss of control incident (e.g.
free -falling large limbs or trunk ° sections, hinge °cutting to avoid use of ropes/hoisting equipment, lack of safety
apparatus/equipment guards, improper use/loading of equipment).: The Contractor shall be responsible to meet
equipment inventory requirements described herein. Failure to maintain control at all times shows a lack of
planning and judgment, is dangerous, can result in serious injury and will be penalized. No reasoning will be
accepted for loss of control incidents. In addition to penalties and/or the withholding of contract payments, the
Contractor shall be responsible for the mitigation of any damage related to a loss of control; incident.
H. Cleanup of Greenwaste & Debris
Limbs, logs or any other debris resulting from any tree operations shall be promptly and properly removed. The
work area shall be kept safe of all times until all operations are completed. Under no circumstances shall the
accumulation of brush, limbs, logs or other debris be allowed to pose: a hazard to the public. During production
trimming and removals, debris shall be removed from public rights of way and private property within one (1)`
hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease
immediately if clean up equipment ceases to function, or is not; available (e.g. loader, roll off equipment, staff).
Street rights of way shall not be used to stage unattended` debris generated during standard work hours. All debris
from tree operations shall be cleaned up each day before the work crew leaves the site. All lawn areas shall be
raked, all streets/sidewalks shall be swept, and all brush,, branches, or other debris shall be removed from the;
site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree
operations. No material is to be allowed to enter any storm drain.
I. Disposal of Materials/City to Receive Recycling Credit (AB 939)
All green waste produced; as a result of the Contractors operations under this Agreement shall be reduced, reused,
recycled, and/or transformed by Contractor. Weight slips shall be required as proof of final disposal and must be
submitted by Contractor with each demand for payment. All brush generated from tree trimming operations shall be
recycled where practical.
Reducing shall include but not be limited to chipping, grinding, and/or shredding operations. Disposal is to be at.a
recycling yard for use in a mulching program, and Contractor shall provide proof of such with each demand for payment.
Reusing will include, but not be limited to using chipped, ground or shredded tree materials as mulch. If the Contractor
has a location outside the City where such mulch may be applied, Contractor must provide the City with
documentation (included in each demand for payment) from the property owner indicating location and amount of
material to be used at that location.
Recycling will include, but not be limited to firewood that is too large to be chipped, ground orshredded for use as
mulch. Transformation will include, but not be limited to firewood that is too large to be chipped, ground or shredded for
use as mulch. If wood is to be kept for firewood by Contractor, Contractor must provide to the City proof of such an
operation with each demand for payment
a. Chips generated from trimming operation within the City of Downey may be dumped and spread at a City
designated site with written permission from the Superintendent, or his/her designee.
b. At the direction of the: Superintendent or his/her designee, wood waste generated from tree removals shall
be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in
specified locations in the City as requested.
J. Withholding Payment
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more
�of the following reasons:
1. Defective, unsatisfactory or inadequate work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims.
3.Failure of the Contractor to make proper payments
Contractors or for materials or labor.
4. A reasonable doubt that the contract can be completed for the balance unpaid,
6. Damage that resulted from an incident involving property damage and/or bodily injury.
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PART 2 PRODUCTS
1.01 GENERAL
All materials furnished by the Contractor shall be new, free from defectsand shall match the proprietary specifications
cited below, or approved equal. All materials furnished must be satisfactory to the City. Materials not in accordance
with this contract, in the opinion of the City shall be made to conform thereto. Unsatisfactory materials shall be
rejected, and if so ordered by the City, shall, at the Contractors expense, be immediately removed from the vicinity of
the work.
1.02 ORDERING MATERIALS'
One copy of each of the Contractors purchase orders for materials forming a portion of the work must be furnished to
the City, if requested. Each such purchase order shall contain.a statement that the materials included in the order are
"subject to inspection by the City. Materials purchased locally will be inspected at the point of manufacture or supply,
and materials supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when
-other inspection requirements are provided for specific materials set forth in this contract.
When specifically requested by the City, the Contractor shall furnish the following materials under this contract:
To Soil "Shall conform to Class "A" imported topsoil or select material generated from on-site excavations, in
accordance with Section 212-1.1 "Topsoil," of the SSPWC.
Organc Soil Amendment ='Shall consist of Kellogg's "Gro -Mulch" or equal, conforming to Type 1 organic soil
amendment, in accordance with Section 212-1.2.4 "Organic Soil Amendment," of the SSPWC.
Grass 'Seed:— Shall consist of Northrup=King"Fast & Fine" or equal, a blend of perennial ryegrass, Kentucky
bluegrass and creeping red fescue exhibiting germination in not more than 7 days.
Top-Dressin = Shall consist of Kellogg's "Topper orequal, conforming to Type 1 mulch, in accordance With
:Section 212-1.2.5 "Mulch," of the SSPWC.
Fertilizer - Shall consist of Scotts "Agriform" (20-10-5) 21 -gram controlled release fertilizer tablets.
Trees — Shall Consist of species identified, either 15 -gallon, 24 or 36 -inch box size, as designated by City.
Trees shall conform to the American Standard for Nursery Stock ANSI 260.1-1996, and shall be subject to
inspection and approval by the City prior to delivery to the planting site.
Root Barriers — Shall consist of Deep-Root"Universal Barrier`— UB 18-2, UB 24-2 or UB 36-2 or equal, copolymer
polypropylene interlocking panels.
Tree Stakes:— Shall consist of 2 -inch diameter, pressure -treated lodge pole stakes, 10 -feet in length.
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Tree Ties — Shall consist of V.I.T. Products "Cinch -Tie" or equal, flexible vinyl ties meeting ASTM -D-412, to provide
adequate tree support while allowing movement and growth of the trunk
Trunk Guards - Shall consist of Deep Root"AG9-4 Arbor Guard", or approved equal,
PART 4 EXECUTION
1.01 GENERAL PRUNING STANDARDS
The primary objectives of tree trimming under this contract are to promote health, prevent decay, improve public
safety, prevent branch and foliage interference with requirements of safe public passage, and improve the
aesthetics of each tree. Complete tree pruning shall consist of the total removal of those dead or living branches`
that may threaten the future health, strength and attractiveness of trees. The specific techniques employed shall be
consistent with industry practice for the size and species of tree being trimmed. Consideration shall be given to the
growth habits of individual tree species within the local environment.
1. General Specifications for hardwood tree - GRID TRIMMING
a Grid trimming means routine tree pruning per pre designated districts/grids on a scheduled cycle to
include all trees within that district, regardless of location, species or size. This pruning will include
structural pruning, crown raising, clearance prune, and crown cleaning in accordance with the standards
set forth by the International Society of Arboriculture (ISA) Pruning Standards (Best Management
Practices), the ANSI A300, and as noted below, based on each individual need/condition of the tree and
its species.
-Crown Cleaning Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly`
attached and low -vigor branches and water sprouts from the entirety of the tree crown. Care must be used-
to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion
tailing" disrupts the structural integrity of the tree, making it subject to limb and branch failure,
especially during high winds.
Cron Raisin Idearance,Prune
A Crown Raising or Clearance Prune is performed when conditions within the crown of a hardwood tree are
such that`a certain objective needs to be met or a certain condition needs' attention. A crown raising or
clearance prune does not involve the 'detail of work found in a,full prune. Crown raising; or clearance
pruning may consist of one or more of the following pruning types:=
1. Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide
clearance for buildings, vehicles and pedestrians. It is important that a'tree have at least 'one-half
of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well -formed,,
tapered structure and to uniformly distribute stress within the tree
2. Clearance' Prune: Clearance prune is employed as a means of eliminating limbs from the crown of
a -hardwood tree when an entire pruning of the tree is not warranted.
b. Trees shall be pruned so as to prevent branch and foliage interference with safe public passage. Street
clearance shall be kept to`a minimum of fourteen feet (14) above the paved surface of the street and
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n o g r e a to r t h a n sixteen (16') feet above the curb and surface of a public sidewalk or pedestrian
way.Exceptions are allowed for young trees, which would be irreparably damaged by such pruning
action. If pruning to these standards would result in permanent disfiguration of a tree, the Contractor
shall not prune the tree until such time as direction is obtained from the Superintendent or his/her
designee,F o r g r i d t r i m mi n g, tree foliage/canopy shall be reduced by at least twenty-five
percent (25%),
5%), but no greater than thirty percent (30%). When pruning the bottom branches, care shall
be given to obtain a balanced appearance when viewed from across the street immediately opposite the
tree.
c. Contractor shall consult with the Superintendent or his/her designee, before making any
cuts that could result in permanent'disfigurement of the structure of any tree.
d. When removing alive branch, pruning cuts should be made in branch tissue just outside the branch bark
ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate
the angle formed by the branch bark ridge and the trunk.
d. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If
the collar has grown out along the branch stub, only the dead stub should be removed, the live collar
should remain intact and uninjured.
e. Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during
the cuffing operation, the limb shall be cut off first at a point several feet beyond the intended final cut.
The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood.
Cuts that result in tearing of tissue on limbs below cuts shall be corrected.
f. All final tree pruning cuts" shall be made in such a manner so as to favor the earliest possible
covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large
wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed.
g. All dead and dying branches and branch stubs shall be removed.
h. All broken or loose branches shall be removed.
i. Branches that are developing in such a manner as to become larger than the limbs they originate
from shall be removed.
j. When encountering limbs: that are Weighted with More foliage than the limb is likely to support,
selectively prune branches toward the end of the limb in order to reduce end weight and thus decrease the
likelihood of limb failure.
k. Selectively prune branches that create sight line conflicts With traffic control signs and/or devices.
1. Selectively prune branches that are within five (5) feet of a structure.
m. Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level.
Exceptions are allowed for young trees, which Would be irreparably damaged by such pruning action.
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n. Prune so As to maintain a balanced appearance when viewed from the opposite side of the street
immediately opposite the tree, unless authorized by the Superintendent, or his/her designee,to do
otherwise.
o. Remove all Vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to
trees.
p. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the
tree, or to other plants or property.
q. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected
immediately before and after completing work on such tree.
r. All major pest problems shall be promptly reported to the Superintendenti in electronic written form within
24 hours.
s. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts With an un -
abrasive Wood surface and secure bark remaining intact.
t. All trees six (6) inches in diameter or less shall be pruned with hand tools only.
U; Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to
prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future
disease/decay problems,
v. Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when
possible.
W. The Use of climbing spurs or spike shoes in the act of pruning trees is prohibited,
Unless specifically
directed by the City to aid in the safety of climbers performing the removal of a tree.
x. Topping shall not be done unless specifically requested by the City.
2, SERVICE REQUEST/AESTHETIC TREE TRIMMING — FULL PRUNE
Service Request/aesthetic tree trimming shall be performed on an unscheduled grid, service request basis only,
i.e., by City submitting a Service Request for aesthetic trimming of any tree in any location, regardless of species,
size or DSH. This pruning will include full pruning, crown thinning, crown reduction and crown restoration, in
accordance with the standards set forth by the International Society of Arboriculture (ISA) Pruning Standards (Best
Management Practices), the ANSI A300, and as noted below, based on each individual need/condition of the tree
and its species.
Full Prune Classifications - for Service Request / Aesthetic Trim category
A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree
needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or
improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood
25
weight. Trees that are identified for a Full Prune shall have no more than 30% of the live foliage removed,
A Full Prune typically consists of one or more of the following pruning treatments:
a Crown Thinning: _ Crown Thinning includes crown cleaning and the selective removal of branches to
increase light penetration and air movement into and through the crown. Increased light and air stimulates
and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the
wind -sail effect of the crown and the weight of heavy limbs; Care must be used to avoid stripping branches
of all foliage at the interior of the tree crown. Thinning the crown a can emphasize the structural beauty of
trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration:
Whenthinning the crown of mature trees, up to 30% of the live foliage may be removed unless directed
otherwise by the Superintendent.
b Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown
reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting
in large stubbed off limbs that are subject to decay. While reducing, a crown, tree workers must adhere`
to basic tree trimming practices involving limb/branch<size relationships and use of the branch bark collar in
avoiding the onset of decay at cut sites.
c. Crown Restoration: Crown Restoration is corrective pruning used as a means to restore the form of
crowns that have been previously damaged by extenuating circumstances. This treatment is best
performed by tree workers who have a good understanding of the effects of pruning for the cultivation of
tree canopies.
3. Other Pruning Specifications for individual Hardwood Species- ALL TRIMMING TYPES`
a. General' Trimming and Shaping of Conifers
Two basic classes of conifers can be found in Downey, those with branches radiating out from the trunk in
whorls such as Pine trees or Cedar~ trees and those that sprout branches in a random manner such as
Juniper. Conifers shall typically be pruned in late winter or early spring. Typically, up to 30% of the live foliage
may, be removed unless directed otherwise by the Superintendent or his/her designee.
1. Contractor shallavoiddamaging the central leader on all; conifers. In specific cases the
Superintendent, or his/her designee, may direct the Contractor to remove the central leader in an effort
to limit the height of specific trees.
2. At the time of pruning,_ the Superintendent or`his/her `designee, shall determine` which trees' shall
have the new growth pinched back in an effort to control canopy size.
3. To control the, growth of large, mature conifers Contractor shall be required to prune the new growth`
of lateral limbs.
4. Typical pruning of conifers shall consist of removing crossed limbs, deadwood or
unwanted branches from the interior of the canopy.
b. General Trimming and Shaping of Broadleaf Trees
Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of
trees shall be as directed by the Superintendent, or his/her designee, and in accordance with the following:
1. Cut to 'laterals to preserve the natural form of the tree, leaving the head open enough for the
branching system to show and permitting the dead material to be easily cleaned out and light to
26
show through the head. Tree foliage shall be reduced by at least twenty-five percent (25%)
and up ,to thirty percent (30%).
2. In specific cases the Superintendent, or his/her designee, may direct the Contractor to reduce the
size of the tree crown in an effort to limit the height of specific trees.
3. 'Trim to remove dead wood or weak, diseased, insect -infested, broken, low, or crossing limbs.
Branches with an extremely narrow angle of attachment should normally be removed.
4. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from
which they arise.
5. Heading cuts and/or topping will not be allowed under any circumstances:`
Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the
framework of any tree.
c. Palm Tree Pruning
Pruning, of, palms consists of maintaining the crowns and trunks of palm trees including the pruning of spent or
declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by
palm type.
-t. The specifications for the pruning of palm trees are follows:
a. While making an, approach to the, palm crown for pruning, the Contractor shall inspect the trunk of the
palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of 'a structural
abnormality. Upon _finding any condition suggestive of a structural abnormality of the palm stem, the
Contractor shall report to the Superintendent, or his/her designee, immediately.
b. Fronds shall be trimmed using handsaw or pole -saw `that has been sterilized for no less than five (5)
minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water
before and after the handsaw is used to cut the fronds of any other palm tree.
At no time shall a chainsaw be used to- prune any frond from any: Canary Island Date Palm (Phoenix'
canariensis) in the City of Downey. The use of chainsaws to prune any frond from any Canary Island Date
Palm will result in monetary penalties.
Live, healthy fronds, initiating :at an angle of 90 degrees or greater from the horizontal plane, shall not be
removed._ Fronds removed should; be cut close to the petiole base, taking into consideration the role of
petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as
applicable by species. Live trunk tissue should never be cut while pruning palm fronds.
c. Us i n g properly sterilized equipment 'as described herein, any fruit or flower` structures in the crown of the
palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to but any
fruit or flower from any Canary Island Date Palm (Phoenix canariensis) in the City of Downey.
The use of chainsaws to prune any fruit or flower structures from any Canary island Date Palm will
result in severe contract penalties.
Care shall be in the handling of fruit and flowers as they are likely to release clear liquids that react
with and can cause staining to hardscape elements. The Contractor shall be responsible for removing,
palm fruit related stains from private property hardscape elements.
27
d. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds,
shall be as described by species as follows:
1. Canary Island _ Date Palm (Phoenix canariensis): dead petiole bases shall be formed into an
ornamental ball which begins directly below the lowest green fronds and acts to provide a base of
support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall
extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown.
Ornamental balls with flattened or "stop sign sides will not be accepted. The upper portion of the
ornamental ball shall not taper in, resulting in "a "pineapple" appearance as this treatment defeats the
support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery
of the palm trunk: and make a gradual taper upwards until it reaches the periphery of the shaped
ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any
palm tree in the City of Downey, the Contractor may use a clean chainsaw in forming and/or shaping
the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels' in shaping and
maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that
are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences.
The Contractor` shall use care not to cut iinto live trunk tissue while maintaining the ornamental ball. The
Contractor shall remove any foreign, plant material that has sprouted in an ornamental ball. The
Contractor shall verify that the omamental ball meets the standard described herein , each time a
Canary Island Date Palm is pruned.
2. Date Palm (Phoenix; dactylifera): spent petiole bases are left to form 6 supportive "base" below the
lowest green fronds of the crown. Unlike the, ornamentalball of a Canary Island Date Palm
(Phoenix canariensis), the base does not require ornate shaping. Instead,, spent petiole bases are
left uniformly long to form the base of the canopy, which shall extend no less than four (4) and no more
than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for
pruning fronds, fruit and flowers from any palm tree in the City of Downey, the Contractor may use a
chainsaw in forming and/or shaping the base of a Date Palm by shortening a number of the lower
petiole bases to bring the length of the nut to standard. The Contractor shall use care not .to,cut
into live trunk tissue while maintaining the nut. The Contractor shall verify that the base meets the
standard described herein each time a Date' Palm is pruned.
3. Queen Palm (Syagrusromanzoffianum): loose' petiole bases are to be removed each time the crown
of a Queen - Palm is serviced. Petiole bases that are -attached to live trunk tissue shall be left
undamaged.
4. King- Palm (Archontophoenix cunninghamiana), loosepetiole bases are to be removed each time
the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left
undamaged.
5. Mexican Fan Palm (Washingtonia robusta): spent petiole bases are left uniformly long to forma base
which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand
tools, the Contractor shall skin the trunk area below the base clean without causing damage to live
trunk tissue. The Contractor shall verify that the base . meets the standard described herein each
time a Mexican' Fan Palm is pruned.
6. California' Fan Palm (Washingtonia filifem): spent petiole bases are left uniformly long to form a nut -
which shall extend no more than eight (8) feet below the lowest live frond in the crown. Using' hand
28
tools, the Contractor shall skin the trunk area below the base clean without causing damage to live
trunk tissue. t The Contractor shall verify that the base meets the standard described herein each time
a California Fan Palm is pruned.
D. Tree Removal
Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root
'system.
1. The Contractor shalt comply with all standards described herein,
2. The diameter price given by the Contractor for tree removals shall be inclusive of all staff, materials and
equipment necessary to remove trees as described herein.
3. As stated .previously herein, the Contractor shall identify the location of all utilities and private property'
landscapeirrigation components prior to the removal of a tree and its root system. The Contractor shall notify'
the Superintendent or designated representative, in writing, of any condition that prevents the removal of;
a tree and/or the grinding of its root system. The Contractor shall take all responsibility for any damage that
occurs once the process of removing a tree and/or associated root grinding begins.
4, The Contractor shall comply with wildlife protection standards described herein whenever removing a tree.
5, The Contractor shall notremove any tree without first confirming that the tree being considered is indeed the tree
to be removed. Any confusion should be resolved by contacting the Superintendent, or his/her designee for
assistance. The errant removal of trees shall be penalized.
6. During a tree' removal, the Contractor shall maintain control of the tree and its parts at all times, which shall
include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree
trunks be allowed to freefall and create damage of any type. Loss of control incidents shall be penalized.
7. Cranes and: other rigging equipment shall be properly certified, with: evidence of such available for inspection
prior to use of said equipment in the City of Downey. Crane operators shall be certified by Commission for the
Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to
operating . a -crane in the City. The use _ of cranes` and certified , operators shall not result in additional
charges to the City.
8. While loading and handling debris, the Contractor shall maintain control at all times to as not to result in damage`
to the public` rights or way or private property. In addition, the Contractor shall not drop logs or trunks so as to
create undue noise or impact shock related damages to public and/or private property.
9. Stumps, including the root flare shall be ground to °a depth of no less than eighteen (18) inches. Surface roots
shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding`
and root removal shall be removed from the site andreplacedwith a topsoil mix. Chips and stump grindings
shall not be used as a backfill material.
10. The Contractor. shall be responsible for the repair of any public or private property ha'rdscape or irrigation
system components damaged during a tree removal or stump' grinding. Repairs shall be made using
components matching those that were damaged.
29
11. All hazards to pedestrians and vehicles resulting from tree removal shall be safeguarded immediately. If for
some reason this cannot be accomplished, the area shall be adequately barricaded and lighted until the hazard can
be eliminated.
12. Residential streets may be temporarily closed to through traffic prior to falling trees in accordance with
the Traffic Control provisions in Section 1, subsection 6..
13. Wood chips resulting from the stump grinding operation shall be removed and replaced with clean topsoil
matching native Downeysoil. The ground surface shall be tamped and raked to remove rocks, clods and
other objectionable materials in excess of'/ -inch in diameter, providing'a smooth appearance.
14. Grass seed shall be evenly distributed and top -dressed with suitable mulch for all trees removed in lawn areas,
unless otherwise directed by the City, or a replacement tree is to be planted in the same location.
E. Tree Planting & Young Tree Care
1. Tree Planting
Tree ,.planting consists of the in of nursery stock 'container or palm trees supplied by the
Contractor, and/or supplied by the City, as identified in the bid items.
a. The Contractor shall comply With all 'standards described herein.>
b'. As stated previously herein, the =Contractor shall identify the location of all utilities and private
property landscape irrigation components prior to the planting of any tree. The Contractor shall assume full
responsibility for any damage that occurs during the planting of any tree.
c. The Contractor shall supply quality nursery stock which is fully rooted and representative of recognized
standards for size and quality of the material being planted.
d. Brown trunk height"(BTH) for palm trees shall be measured from the top of root ball to the lowest green
frond attached to the trunk at an angle of ninety (90) degrees.
e. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees
that are delivered _uncovered, with a dry or fractured root ball, or with broken scaffold limbs will be
rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or
with a soilless root ball will be rejected.
f. The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting
site being: considered is indeed the site intended for the planting of a tree. Any confusion should be
resolved by contacting the Superintendent, or his/her designee,for assistance. in excavating planting pits,
the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The
bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball
grade standards defined herein. As the width of the parkway allows, the Contractor shall excavate the
planting pit to be two (2) times the width of the root ball of the nursery stock being planted.
g._ All nursery containers and box sides shall be removed from tree root balls prior to planting`. The
Contractor shall not install trees with box bottoms left on. All container debris (e.g. strapping, box
fragments, nails) shall be removed from the planting pit prior to backfilling.
30
h. The Contractor shall install the tree or palm so that the top of root ball is two (2) inches above top of curb
so _ that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), the
Contractor shall install the tree or palm so that the top of root ball is two (2) _ inches above`'
surrounding finish grade, The Contractor shallnot resort to cutting or trimming the root ball as a'°means
of meeting grade standards,
i. The Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and topsoil.
The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic
fines.
j. The Contractor shall backfill palm plantings with one hundred (100) percent washed mortar (plaster),
sand.
k.' While backfilling, the Contractor shall cease backfilling when the planting pit is one half (1/2) full and
apply water to remove air pockets from the, backfill. Once the water has drained, the Contractor shall
resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall
extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of
the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained
at a grade of four (4) inches above the root flare of the tree.
I. The "Contractor shall be responsible for the stability of planted' trees. The nursery stake stall be
removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2)'
inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball`
and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an
equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and
shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the
other. The root ball shall not be damaged by the installation` of stakes. The stake shall not be in contact
with any aerial part of the tree.. The trunk of the tree shall be attached to the stakes using City approved
tree ties installed: as per manufacturer's specifications.
I .- Upon completion of the planting of 'a tree, the Contractor shall seed and top- dress any barren areas
within ten (10) feet of the center of the trunk of the tree if there was established turf in that location. The
seed shall be of the same tall fescue turf grass type existing on site or annual ryegrass if the turf is a
non-seedable variety; to be applied at a`rate appropriate for the type of turf seed: applied. The seed shall
be top dressed with well -decomposed organic fines, spread evenly with a topdressing roller, at a_depth
of one eighth (.125) inch. Use of manure, ;native soil or chip topdressings -will not be allowed. The
Contractor shall include seed establishment information for the property owner at the time of tree removal.
A circular watering basin slightly larger than the planting hole shall be left around the tree.
n. The Contractor shall not use hoses, equipment or water from private properties while installing or watering
in parkway trees.
o. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be
required, the Contractor will install a mechanical barrier that redirect root growth downward, eliminating the
surface rooting that damages hardscapes,and creates a hazard. The barrier shall be 12" in depth, and a
length determined by the City and placed in a circular fashion, surrounding the tree's root system. Root
barriers are an additional service cost as noted in the bid items.
31
2. New Tree Care
New Tree Care consists of the irrigation of young trees which have been installed by the Contractor and the
cultivation of new canopy coverage.
b. The Contractor shall comply with all standards described herein.
c. As stated previously herein, the Contractor shall identify the ' location of all utilities and private'
property landscape irrigation components prior to the planting of any tree. The Contractor shall take all
responsibility for any damage that occurs during the planting of any tree.
d. The Contractor shall not use hoses, equipment or water from private properties when watering parkway
trees,
e.: While performing tree watering, the, Contractor shall maintain the tree watering basin to include the
removal of weeds and debris and the maintenance of the watering basin to size, and grade standards
defined herein.
I Trees shall be watered in such a manner that does not result in erosion of the tree watering basin,
splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and/or
"watering out of the window from the cab of watering equipment will not be tolerated. The Contractor will
maintain full responsibility of the new tree care for all new trees planted by the Contractor,` for the first 80
day period. The Contractor will replace the tree for any damage or failure of the tree during that timeframe.
f.' The Contractor shall `maintain a daily log of trees watered, noting species and location. The log shall list
the tree watered by site. A printed; copy of the log, which shall be maintained in digital format, must
accompany invoicing for tree watering` services by the Contractor.
V. Root Pruning Specifications
In an effort to minimize future damage to public sidewalks and curbs and gutters, the City of Downey may
utilize a root pruning'and -root barrier installation program. The Contractor will be provided a 'listing of trees to
be root pruned. The list shall include the location of the tree, tree species, lineal feet to be root pruned and
area to be pruned such as sidewalk or curb and gutter.
Roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements' as indicated.
Root pruning cuts adjacent to the sidewalk shall be four (4) inches wide; twelve (12) inches deep, and a
minimum of eight (8) feet in each direction from the centerline of the tree as measured- from the top of the
sidewalk or other improvements. Root pruning` cuts adjacent to the curb shall be four _(4) inches wide,;
eighteen (18) inches deep, and a minimum of eight (8). feet in each direction from the centerline of the tree as
measured from the top of the curb or other improvements.
Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened`
adequately to 'sever roots, in a clean` manner and equipped with padded tracks or rubber tires to prevent
scraping or'marking the sidewalk:
32
After the pruning cut has been completed, and if directed by the 'City, the Contractor shall install the
appropriate amount of root pruning barrier by Deep Root Corporation, or an approved equal. All cuts shall
be backfilled immediately upon completion of root pruning and barrier installation at each location. Backfill
material shall consist of soil and/or mulch ° from root pruning and shall be free of rocks, and other debris. All
debris generated by these operations shall be immediately removed from the site and properly disposed of by the
Contractor.
The Contractor shall repair or replace all utility service connections or sprinkler "systems within the right- of -way that
are damaged or removed as a result of the root pruning operation. Repairs shall be implemented immediately and
completed by the end of the same working day. Repairs and replacements shall be at least equal quality and
configuration to existing improvements and shall match them in finish and dimension.
The Contractor shall be responsible for contacting Underground Service Alert (USA) 1-(800) 422-4133 for
locating underground utilities prior to beginning the pruning operation.
The Contractor shall submit 'a lineal foot cost for the root pruning and root barrier installation, The cost of
providing all labor, tools, equipment and materials necessary for performing the specified work will be included in
the Bid price and no additional compensation will be allowed.
VI. HIGH-VOLTAGE LINE CLEARANCE
All persons performing tree trimming operations in the Vicinity of exposed energized overhead conductors
andequipment shall be properly trained in line clearance tree trimming operations in accordance with Section 2951
"Line Clearance Operations," of the Cal/OSHA High -Voltage Electrical Safety Orders.
Only qualified line clearance tree trimmers, or trainees under the direct supervision and instruction of quMfiedline`
clearance tree trimmers, shall be permitted to perform such work.
Under no circumstances shall the minimum distance specified in Section 2940.2(b), Table 2940.2, of the Cal/OSHA
High -Voltage Electrical Safety Orders be violated.
The employee in charge of each independent crew shall coordinate the de-energiJng'and re -energizing of high
voltage lines with the operator of the high-voltage lines.
Branches contacting energized conductors or equipment shall be removed only by using non-conductive
equipment.
Line clearance tree trimming work shall not be performed when adverse weather conditions in the immediate
vicinity make the work hazardous in spite of the work practices required by this section.
1.02 CLEAN-UP & DISPOSAL
The Contractor shall clean all job sites when work is completed, including the'raking/sweeping of leaves, twigs, etc.
from the private property, sidewalks, gutters, parkway and streets. All resulting debris shall be removed from the
work site daily and properly disposed of at the end of each workday. Under no' circumstances shall any brush,
leaves, debris or equipment be left on the street overnight.
33
All tree parts are to be loaded into transport vehicles. The vehicles must have the front and sides solid and the top
and rear shall be covered with a tarp, 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 tarped and hauled to the disposal site
during the workday.
All healthy tree wood is the property of the Contractor and shall be disposed of away from the site area (No Wood
shall be left along public right-of-way unless directed by the City.)
The Contractor shall transport and dispose of all tree wastes in accordance with all City, County and Federal
requirements. Tree wastes are not to be off-loaded at temporary storage sites on City, State, or Federal properties
within the City limits. The City shall be notified which disposal sites(s) are used. The Contractor shall be solely
responsible for all fees involved in the disposal. The Contractor shall also submit a monthly report, with
accompanying documentation/receipts, to the Superintendent or designated representative for the total tonnage of
the tree wastes disposed in the preceding month.
1.03 PUBLIC CONVENIENCE & SAFETY
Contractor shall endeavor to maintain good public relations at all times. Work shall be performed by competent
employees and supervised by an experienced, English-speaking supervisor in tree maintenance operations.
The Contractor shall conduct his operations to as to offer the least possible obstruction and inconvenience to the
public, and the work area shall be of no greater length or amount of work than can be prosecuted properly with due
regard to the rights of the public. The Contractors operations shall cause no unnecessary inconvenience. The
access rights of the public will be considered at all times.
The Contractor shall maintain safe and adequate pedestrian and vehicular access to all properties. Access to
these facilities shall be continuous and unobstructed, unless otherwise approved by the Superintendent.
The Contractor shall deliver advanced written notification of the intended tree operations at each work location to all
affected businesses and residents.
The Contractor shall furnish and maintain construction signs, barricades, temporary fencing, etc., to safeguard the
public from the work areas, as described herein, and as directed by the City.
ParkiM - On -street parking shall be restricted` within the work area limits, during the specified working hours, on
weekdays only. Temporary "NO PARKING" signs shall be provided and posted by the Contractor not less than
forty-eight(48) hours in advance of the start of work requiring said restriction. Temporary "NO PARKING" signs
must clearly state the days, dates, and hours when the parking restrictions are in effect. The Contractor shall not be
permitted to staple any signs to trees, Signs shall be tied or taped so as not to damage the trees.
The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered
or damaged during the course of work.
Lane Closure s —Major arterial streets shall be subject to closure of a single land closest to the work area only.:
Complete closure of major arterial streets shall be prohibited. The Contractor shall comply with the following
general lane closure requirements:
M
l.) Flashing Arrow Si ns (sequential arrow boards) shall be utilized for all closures of through travel
lanes on all major arterial streets.
2.) Not less than one 10 -foot travel lane shall be provided in each direction at all times, except as
specified below.
Road Closures — Residential streets may be temporarily closed to through traffic to accommodate the work.
However, the Contractor shall maintain access for residents, local traffic, and emergency vehicles at all times. Prior
to implementation of local road closures, the Contractor shall notify the City of Downey Public WorksDepartment at
(562) 904-7102.
All employees working within the roadway right-of-wayshall wear reflective safety vests.
For tree trimming at the City's Rio Hondo Golf Course, the Contractors workforce shall beware that the golf course
is open to public play during the performance of the work and shall remain watchful of golf play at all times. All
workers shall wear head and eye protection at all times to safeguard against injury.
No open' excavations or planting pits shall be left unattended unless adequately covered and barricaded. The
Contractor shall leave no open excavations beyond working hours.
1.04 WORKING HOURS ;
G. Unless otherwise specified in the Contract Special Conditions, work or activity of any kind shall be limited to
the hours between 7:00 a.m. to 5:00 p.m. No construction noise shall be permitted between the hours of
10:00 p.m. and 7:00 a.m. of the next day, pursuant to the Downey Municipal Code.
R Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior written"
consent of the Superintendent.
1. Night, Sunday and Holiday Work:
Unless otherwise specified in'the contract, no work shall be performed on the eleven (11) legal holidays to
wit: New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial Day, Independence Day,,
Labor Day, Veteran's Day, Thanksgiving Day, Friday following Thanksgiving Day,, Christmas Eve and
Christmas Day, except work pertaining to the public safety or with the permission of the Superintendent, and
accordance with such, regulations as he/she shall furnish in writing. Before performing any work at said
times, except work pertaining to the public safety, the Contractor Shall Dive written notrce to the
Supenntendenf so that proper inspection may be, provided. "Night' as used in this paragraph shall be
deemed to include the hours from 5:00 P.M. to 7:00 A.M. of the next succeeding day.
END OF EXHIBIT A
35
EXHIBiT "Big
Description
Qty.
Unit
Unit
Price
Total
Base Services (1-7)
Grid Trtmmin -Scheduled Tree
7,200
1 `
"rimming by Grid (based upon 24 month
estim
Per Tree
$37.00
$266,400.00
-
cycle), on streets, parks, or golf course
aced
Tree Inventor'IGIS Cor titer Database --
completion of GIS based Tree inventory -
2'
within 90 days of award; establish and
Lump
NO FEE
NO FEE
NO FEE
'maintain a GIS database
Sum
system/program
Service Request /Aesthetic Tree
3
Trimming — by Service Request on
800
Per Tree
- $80.00
$64,000.00
Streets, Parks or Golf Course. Includes
_allspecies, heights, DSH etc.
Complete Tree & Stump Removal — by
Per inch
4
Service Request on Streets, Parks or
4,500
of
$15.00
$67,500.00
Golf Course. Includes all species &
Diameter
heights
6
Furnish & Plant 24 -Inch Box Tree — by
100
Per Tree
$165.00
$49,500.00'
Service Request on Streets, Parks or
Golf Course. Includes all species
7
Crew Rental Unit — 3 men (1 trimmer, 2
300
Per Hour
$165.00
$49,500.00
groundsperson), aerial unit, dump truck -
and chi er
TOTALBID Items 1 to 7
$ 468;900.00
Additive Alternative Bids - Items 8 to 22
Stump Removal Only — by Service
Per inch
8'°
Request on Streets, Parks or Golf
of
$9.00
$9.00
Course. ,Includes all species
diameter
Root Pruning — by Service Request on
Per inch
9
Streets, Parks or Golf Course. Includes
of
$11.00
$11.00
all species & heights
Diameter
Furnish & Install 12" Root `Barrier — by
10
Service Request on Streets, Parks or
Per lineal
$14.00
$14.00
Golf Course. Includes all species &
foot
hei hts
Fully Equipped 3 person crew called in for
Emergency Service - During Work Hours
(7:00 am to 5:00 p.m.) - General Tree
Trimming/Removal on Streets, Parks or Golf
Course. Includes all species, heights,_dbh,
etc.
Fully Equipped -3 person crew called in for
emergency service - Outside Work Hours
(5:00 p.m. to 7:00 am) - General Tree
Trimming/Removal on Streets, Parks or Golf
Course. Includes all species, heights, dbh,
-4-
2
Per Hour $195.00
Per Hour $240.00
$195.00
$240.00 1
Furnish & Install 18" Root Barrier- by
11
Service Request on Streets, Parks or
Per Lineal
$18.00
$18.00
Golf Course. Includes all species &
Foot
heights
m Furnish & Install Biobarrier product,
depth from 12" to 30", including
Per Lineal
12
horizontal applications — by Service
Foot
$28-00
$28.00
Request on Streets, Parks or Golf
Course. Includes all species & heights
Furnish & Plant 36 -Inch Box Tree'— by
13
Service Request on Streets, Parks or
Per each
$750.00
750,00
Golf Course. Includes:all species
14
Plant City -furnished 15 -gallon Tree — by
Per each
$95.00
$95,00
Service Request on Streets, Parks or
Golf Course. Includes all species
14
Plant City -furnished 24 -Inch Box Tree —
Per each
$175.00
$175.00'
by Service Request on Streets, Parks or
Golf Course.- Includes all species
15
Plant City -furnished 36 -Inch Box Tree -
Per each
$425.00
$425.00
by Service Request on Streets, Parks or
Golf Course. Includes all s ecies
16
Watering of young trees, water truck-
Per day
$470.00
$470.00
operator
ISA Certified Arborist, including
17
inspection, written report and
Per Hour
$110.00
$110.00
recommendation
General: Labor Rates
18
GroundsPerson
Per Hour
$60.00
$60.00
19Equipment
Operator :
Per Hour
$60.00
$60.00
20
Trimmer
Per Hour
$65.00
$65.00
Emergency ;Services
Fully Equipped 3 person crew called in for
Emergency Service - During Work Hours
(7:00 am to 5:00 p.m.) - General Tree
Trimming/Removal on Streets, Parks or Golf
Course. Includes all species, heights,_dbh,
etc.
Fully Equipped -3 person crew called in for
emergency service - Outside Work Hours
(5:00 p.m. to 7:00 am) - General Tree
Trimming/Removal on Streets, Parks or Golf
Course. Includes all species, heights, dbh,
-4-
2
Per Hour $195.00
Per Hour $240.00
$195.00
$240.00 1
FORM PERFORMANCE BOND
��CNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey, California ("City"), has awarded ("Contract") to United Pacific Services, Inc., ("Principal"), for tree trimming
maintenance services citywide.
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and ("Surety") a duly admitted
surety insurer under the laws of the State of California, at Surety, are held and firmly bound unto the City in the penal sum of Five hundred
thousand, and 00/100 Dollars ($500,000), this amount being not less than the total Contract price, in lawful money of the United States of
America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and
assigns; jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, or his/her heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants,
conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and hold harmless the City, its officers, agents, and others as therein provided, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees as part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the
City in successfully enforcing such obligation, all to be treated as cost and included in any resolution.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification
to the terms of the Contract, or of the work to be performed thereunder, or the Specifications for the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the
terms of the Contract or to the work or to the Specifications thereunder.
WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of Which shall for all purposes be deemed an original hereof,
have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and
these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Date; -
"Principal"
By: -
Its
By
Its
"Surety"
Its
Its
�(Seal)(Seal).,
Note: This bond must be executed I in duplicate and dated, L11 signatures must be notarized, and evidence of the authority of any person
signing as attorney-in-fact must be attached
114 FA14F 1
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Downey,`Califomia ("City"), has awarded the Tree Trimming Maintenance Services Contract ("Contract")
to United Pacific Services, Inc., ("Principal"), for citywide tree trimming and maintenance services.
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims
of laborer, mechanics, material suppliers, and other persons as provided by law,
NOW, THEREFORE,- we, the undersigned Principal, and
("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the
City in the penal sum of Five Hundred thousand and 00/100 dollars 80000, this amount being not less than the total
Contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS ` OBLIGATION 1S SUCH THAT, ' if the hereby bound Principal, or his/her heirs, executors,
administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the
Califomia Civil Code, or any amounts due under the; Unemployment Insurance Code with respect to workorlabor performed
under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to Section 13030 of the Unemployment
Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not
exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the'Califomia Civil Code so as to give a right
of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety
further agrees to pay all court costs incurred by the City in the suit and attomeys' fees.
FURTHER, the Surety,' for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition`
or modification to the terms of the Contract, or of the work to be performed thereunder, or these Specifications for the same,
shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition, or modification to the terms of the Contract or to the work or to these' Specifications thereunder.
N WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an
original hereof, have been duly executed by Principal and Surety,on the date set forth below, the name of each corporate party
being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing
body.
4
y:
Its
y.-�,
its
Mi
It
Its
M
Note: This bond must b . e� exected n du . • ic a : te a . n , • dat6d� all signaturet must be I ndta . fted, and evidence of the - a . u odty .'of
any p . erson signing as aftomey-in-fact must be '•;
5
THIS AMENDMENT No. 1 ("Amendment") is entered into this 28th day of May, 2019, by
and between the City of Downey, a California municipal corporation and charter city ("City") With
its principal place of business at 11111 Brookshire Avenue, Downey, CA 90241 and United
Pacific Services, Inc., a California Corporation ("Contractor") with its principal place of business
at 5529 Leeds Street, South Gate, CA 90280. City and Contractor are sometimes individually
referred to as the "Party" and collectively as the "Parties".
WHEREAS, City and Contractor entered into a Professional Services Agreement
("Agreement") on July 1, 2015 for tree trimming maintenance services as more specifically
described in the Agreement;
WHEREAS, the parties desire to make certain amendments to the Agreement as set
forth herein; and
WHEREAS, the Parties intend to be bound by the terms and provisions of the
Agreement as it is amended herein.
NOW, THEREFORE ' for and in consi eration of t e mutua covenants an con tions
herein contained, the Parties agree as follows:
Section 1. AMENIONIENIAS)
A. City and Contractor hereby amend Section 3.1.2 of the Agreement to read as
follows
"This Agreement shall be effective commencing Ju y 1, 2 an en ng une
month-to-month thereafter until June 30, 2022, unless terminated by either Party pursuant to
this Agreement, Notwithstanding any other terms and provisions of this Agreement, City
reserves the right to terminate this Contract with or without cause at any time during this
Contract by serving a thirty (30) days' written notice of such termination upon Service Provider."
B. City and Contractor hereby amend the Agreement by replacing Exhibit B
("Compensation") with a new "Exhibit "B" which is attached hereto as Attachment 1 and
incorporated by reference herein.
Section 2 The rights obligations and fees of the Parties Under the Agreement shall
not otherwise be amended, altered or revised except as expressly provided for herein an a
other terms of the Agreement shall remain in full force and effect.
Section 3. This Amendment may be executed in counterparts, each of which shall
be deemed an original, but all of which, together, shall constitute one and the same instrument.
TO EFFECTUATE THIS AMENDMENT, the Parties have caused their duly authorized
representatives to execute this Amendment to the Agreement on the ates set ort e ow.
Rick Rodriquez, Mayor
B
City Clerk
Maria Alicia Duarte, CMC
Attorn4
Vvette M. Abich Garcia
Date:
Date:
2
EXHIBIT "B" COMPENSATION
Description
Qty.
Unit
Unit PriceTotal
Requested Requested
Now
Base Services
Grid Tri irtg - Scheduled Tree, Trimming by Grid
1
(based upon 24 month cycle), on streets, parks, or golf
7,200
Per Tree
$39.81 $286,646.40
course
'Service Request/Aesthetic Tree Trimming - by Service
2
Request on Streets, Parks or Golf Course. Includes all
800
Per Tree
$86.08 $68,864.00
species, heights , DSH, etc.
Complete Tree & Stump Removal - by Service Request
Per Inch of
3
on Streets, Parks or Golf Couse. Includes all species &
4,500
Diameter
$20.25 $91,125.00
heights
Furnish & Plant 24 -inch Box Tree- by service requests
4
on Streets, Parks, or Golf Course. Includes all species.
100
Per Tree
$231.34 $23,134.00
Crew Rental Unit - 3 men (1 trimmer, 2
5
�groundsperson), aerial unit, dump truck and chipper
300
Per Hour
$177.54 $53,262.00
Additive Alternative Bids
Stump Removal Only - by Service Request on Streets,
Per Inch of
6
Parks or Golf Course. Icludes all species
NA
Diameter
$9.68
Root Pruning - by Service Request on Streets, Parks or
Per Inch of
7
Golf Course. Includes all species and heights
NA
Diameter
$11.84
Furnish & Install 12" Root Barrier - by Service Request
Per Lineal
8
on Streets, Parks, or Golf Course. includes all species
NA
foot
$15.06
and heights
Furnish & Install 18" Root Barrier - by Service Request
Per Lineal
9
on Streets, Parks, or Golf Course. Includes all species
NA
foot
$19.37
& heights.
Furnish & Install Biobarrier product, depth from 12" to
10
30" , including horizontal applications - by Service
NA
Per Lineal
$30.13
Request on Streets, Parksm or Golf Course. Includes
foot
all species and heights
Furnish &Plant 36- Inch Box Tree- by Service Request
11
on Streets, Parks or Golf Course. Includes all species
NA
Per each
$807.00
Plant City - furnished 15 -gallon Tree- by Service
12
'Request on Streets, Parks or Golf Course. Includes all
NA
Per each
$102.22
species
Plant City - furnished 24 -inch Box Tree- by Service
13
Request on Streets, Parks or Golf Course. Includes all >
NA
Per each
$188.30
species
Plant City - furnished 36 -inch Box Tree- by Service
14
'Request on Streets, Parks or Golf Course. Includes all
NA
Per each
$457.30
species
15
Watering of young trees, water truck - operator
NA
Per Hour
$505.72
16
ISA Certified Arborist, including
NA
Per Hour
$118.36
inspection, written re ort and recommendation
General Labor Rates
17
Groundsperson
NA
Per Hour
$64.56
18
` Equipment O erator
NA
Per Hour
$64.56
19
Trimmer
NA
Per Hour
$69.94
Fully Equipped 3person crew called in for Emergency'
Services - During Work Hours (7:00 am to 5 pm) -
20
General Tree Trimming/Removal on Streets, Parks or
NA
Per Hour
$209.82
Golf Course. Includes all species, heights, dbh, etc
Fully Equipped 3 person crew called in for Emergency
Services - Outside Work Hours (5:00 pm to 7:00 am) -
21
General Tree Trimming/Removal on Streets, Parks or
NA
Per Hour
$258.24
Golf Course. Includes all species, heights, dbh, etc