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HomeMy WebLinkAboutWest Coast Arborists, Inc. (WCA) - 2016-11-21Dept. ID PW 16-068 Page 1 of 2 Meeting Date: 11/21/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/21/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a Five -Year Maintenance Services Contract with West Coast Arborists, Inc. (WCA) for As -Needed Tree Maintenance Services Statement of Issue Public Works is requesting approval of a five-year interagency purchase agreement for Tree Maintenance Services with West Coast Arborists, Inc. Financial Impact: The agreement is for five years with a total, not to exceed amount, of $5,317,500. Annually, the not to exceed amount is $1,063,500. Based on the projected tree maintenance needs, funds in the amount of $850,000 are budgeted for FY16/17 in account 10085621.64620 Street Tree Maintenance, Contracts for Repairs and Maintenance. Funding for future fiscal years will be determined during the City's annual budget process. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the "Maintenance Services Contract Between the City of Huntington Beach and West Coast Arborists, Inc. for Tree Maintenance Services" for as needed Tree Maintenance Services in an amount not to exceed $1,063,500 annually or $5,317,500 cumulatively over the five year term; and, B) Authorize the City Manager to execute all documents in furtherance of this Agreement. Alternative Action(s): Do not approve the agreement and direct staff to proceed differently. Analysis: The City of Huntington Beach has a large inventory of trees and has been awarded the prestigious Tree City USA designation for the last 14 years. On -going maintenance of City -owned trees is necessary to preserve the value of our tree assets and to assure public health, safety, and general welfare. Public Works has divided the City into 12 maintenance zones, with a goal to complete 3 zones of tree maintenance per fiscal year. This agreement will help facilitate that goal. As provided in the Huntington Beach Municipal Code 3.02.190, an interagency agreement is an agreement for the procurement of goods and/or services through the use of a contract initiated by another agency which is for identical or nearly identical goods and/or services and resulted from a competitive bid using methods similar to the methods provided in our Purchasing code. H B -49- Item 7. - 1 Dept. ID PW 16-068 Page 2 of 2 Meeting Date: 11/21/2016 West Coast Arborists (WCA) is being recommended through a 2015 interagency agreement with the City of Glendale to provide tree maintenance services in Huntington Beach under a new five- year agreement. WCA received the highest qualifications -based score in the interagency process, and the negotiated pricing compares favorably. WCA is the current vendor providing these services for the City under a month -to -month agreement. A unit price comparison of our existing contract found that the new agreement will provide, on average, 10% lower unit prices for the inventory of tree maintenance performed in Huntington Beach. WCA has more than 40 years experience in providing tree maintenance services for Orange County and 20 Orange County cities. They have 45 Certified Arborists and more than 100 Certified Tree Workers on staff. Public Works staff has had very favorable experience with WCA over the term of their existing contract. Staff is recommending City Council approval of the attached contract with West Coast Arborists, Inc. for a five-year term not -to -exceed $1,063,500 annually over the five year term. The actual amount expended annually for tree maintenance services will be determined each fiscal year of the contract term during the City's annual budget process. For the Current Fiscal Year, $850,000 is budgeted for tree maintenance services, with additional funds allocated for special projects such as Jack Green in Central Park, Bartlett Park, special maintenance zone projects, and sewer lateral projects. Environmental Status: Categorically exempt pursuant to CEQA 15301(h) Strategic Plan Goal: Improve quality of life Attachment(s): 1. Maintenance Service Contract between the City of Huntington Beach and West Coast Arborists, Inc. 2. City of Glendale Staff Report and Contract 3. City of Glendale RFP Item 7. - 2 VI -_50- ATTACHMENT #1 MAINTENANCE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WEST COAST ARBORISTS, INC. FOR TREE MAINTENANCE SERVICES THIS AGREEMENT is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and WEST COAST ARBORISTS, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as TREE MAINTENANCE SERVICES within the City of Huntington Beach and more specifically described in the Bid Documents; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. ACCEPTANCE OF CONDITIONS OF WORK; SCOPE OF SERVICES; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents g/agree/sample maintenance insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. The Scope of Services which CONTRACTOR agrees to perform is set forth in the contract documents attached hereto as Exhibit "A". "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bid documents including Request for Proposal and/or the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and specifications; all per the interagency documents from City of Glendale; C. Any insurance that may be required. If extra work not previously included in the Scope of Work should be required by CITY, CONTRACTOR may perform such extra work at CITY's request per the price schedule in Exhibit "A" or on a time and material basis if not scheduled. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 2. CONTRACTOR'S OBLIGATIONS; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, .all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, and facilities necessary to complete the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, 2 g/agree,isample maintenance all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 3. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed $5,317,500 over the five (5) year term of this agreement to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT on December 1, 2016, and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 3 g/agree/sample maintenance 6. TERM OF AGREEMENT The term of this Agreement shall be five (5) years, unless CITY exercises its option to renew as set forth herein. Unless prohibited by statute or ordinance, in its discretion, CITY may renew this Agreement on a month -to -month basis upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. Should the CITY exercise its option to renew this Agreement, then CITY shall give notice of intent to renew to CONTRACTOR not less than thirty (30) days before the expiration of this Agreement in the manner provided in Paragraph 25 herein. If negotiations are still in progress at the end of any extended term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month -to -month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month -to -month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 7. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 4 g/agree/sample maintenance 8. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 9 and any damages shall be assessed as set forth in Section 9. 9. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7'/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 5 g/agree/sample maintenance 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11. ' CHANGES CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Public Works Department (the Department). CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such Co g/agree/sample maintenance increase or decrease in the quantity of work to be performed or furnished is so ordered, the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 12. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the Department in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The Department shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; B. Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions 7 g/agree/sample maintenance and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 16. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those g/agree/sample maintenance resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 17. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish I g/agree/sample maintenance to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 18. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 10 g/agree/sample maintenance 19. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 20. NON -ASSIGNABILITY CONTRACTOR shall not assign the agreement or any interest therein or any portion thereof without prior written approval from the Director of Public Works. The CITY's 11 g/agree/sample maintenance approval may be conditioned on the proposed assignee or subcontractor agreeing to revisions to the agreement to reflect market conditions of CITY requirements that are then current or other such conditions that the CITY may deem appropriate. Also, no assignee or subcontractor will be approved who is not at least comparable to the original contractor in financial or professional competence to perform the duties. 21. BUSINESS LICENSE CONTRACTOR will be required to obtain a business license from CITY. 22. NONDISCRIMINATION CONTRACTOR shall not discriminate in any manner against any person by reason of race, religion, creed, color, natural origin, ancestry, physical handicap, medical condition, marital status or gender. CONTRACTOR shall comply with the CITY adopted program for equal employment opportunities. 23. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 24. NOTICES All notices required or permitted hereunder shall be in writing and delivered in person or by registered or certified mail to the following authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 12 g/agree/sample maintenance FOR CITY Denny Bacon Maintenance Operations Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 FOR CONTRACTOR Victor M. Gonzalez Vice -President West Coast Arborists, Inc. 2200 E. Via Burton Anaheim, CA 92806 25. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the Department its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 27. RESERVED 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 13 g/agree,/sample maintenance 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE INTENTIONALLY LEFT BLANK 14 g/agree/sample maintenance 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers onm-&f—IC. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: tf print na e Director of Public Works ITS: ((circle one) Chairma-PresidentNice President AND REVIEW D AND APPROVED: By: 'r Chief Financial Officer �L ►C t� !tn f4 4to �€ Si�l�� 7Atl y (HSMC §3.02.050(b)) print name ITS: (circle one) Secretary hi ' Zacial Officer/Asst. Secretary - Treasurer APPROVED ASS® FORM: REVIEVMager PROVED: 15 City Attorney g/agree/sample maintenance EXHIBIT A 5_� Iree Care Professionals _Yerv:n�T Communities Who Care :9hout frees April 9, 2015 City of Glendale Attn: Office of the City Clerk 613 E. Broadway, Room 110 Glendale, CA 91206 RE: RFP for Tree Maintenance Services Due: Friday, April 10, 2015 at 2:OOPM To whom it may concern; e °" EXH. A.1 a ... .. www.WCAINC.com Thank you for allowing West Coast Arborists, Inc. (WCA) with the opportunity to submit a proposal for tree maintenance services for the City of Glendale. WCA is a family -owned and operated company employing over 750 full-time employees providing various tasks to achieve one goal: serving communities who care about trees and landscape. We have reviewed, understand, and agree to the terms and conditions described in this RFP. We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability with no exceptions. WCA's corporate values include listening to customers and employees that will help to improve services offered. By establishing clear goals and expectations for the organization, supporting its diverse teams, and exchanging frequent feedback from customers and employees. WCA's top management team has created a culture where employees become accountable for actions and results. WCA has a 42-year track record of working for more than 220 California, Arizona and Nevada municipalities and other various agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Boards under license #366764. We have held this license in good standing since 1976. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). We currently employ over 45 Certified Arborists and over 100 Certified Tree workers, as recognized by the Western Chapter of the International Society of Arboriculture. WCA is also registered with the Department of Industrial Relations (DIR) for Public Works projects, our registration number is 1000000956. Should we be awarded this project, we shall use full-time, in-house employees; no subcontractors will be used. Our employees operate from one of our seven California offices: Anaheim, Ventura, San Diego, Riverside, Fresno, San Jose and Stockton. For questions related to this proposal and who has the authority to negotiate, please contact Victor Gonzalez, V.P. Marketing, at (714) 991-1900 or at vgonzaleL((c?wcainc.con,. Tim Crothers, Area Manager, will be assigned to this project should WCA be awarded this contract. He can be reached at (408) 412-1980 or craltErs?s.FCs c c f. Sincerely, Victor Gonzalez Vice -Presidents EXH. A.2 PROPOSAL The undersigned submits this Proposal in response to the Notice Inviting Proposals issued by the City to construct the Work of the following Project in accordance with the Contract Documents: TREE MAINTENANCE SERVICES Date 4/9/15 TO THE CITY OF GLENDALE, CALIFORNIA Pursuant to the foregoing Request for Proposal, the undersigned Proposer herewith submits a Proposal on the form or forms attached hereto and made a part hereof, and binds himself/herself on award by the City of Glendale under this Proposal to execute in accordance with such award a Contract, of which this Proposal and the said Notice to Contractors, Instructions to Proposers, Specifications, and Drawings shall be a part, and to furnish the bond or bonds required by the Specifications. The attached Request for Proposals, Instructions to Proposers, and Specifications are made a part of this Proposal and all provisions thereof are hereby accepted. In the event of a dispute based upon the Proposer's submission of this Proposal and the City's acceptance of same, the proposer will be required to indemnify, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the proposal in compliance with State, Federal and local laws. Firm West 4-sAArb"Kts,-IhC. By Signature Address 2200 E. Via Burton Anaheim, CA Phone (714) 991-1900 FAX (714) 991-1027 Zip 92806 (CORPORATE SEAL AND NOTARIAL ACKNOWLEDGEMENTS OF SIGNATURE REQUIRED) Nature of firm (corporation, partnership, etc.) and names of individual members of the firm, or names and titles of officers of the corporation. Patrick Mahoney - President Richard Mahoney - Assistant Secretary Rose Epperson - treasurer Corporation organized under the laws of the State of: SEE ATTACHED t�TA�Y C, IBTtMATE California F-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the jdocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On pry>2kL 0 r �. � I � before me, Raiendra C. Amin, Notary Public Personally appeared -Pf+E/ 4�� �' CS y who proved to me on the basis of satisfactory evidence to be the person(Io whose names.) is/ofe subscribed to the within instrument and acknowledged to me that he/may executed the same in his/,weir authorized capacity(i*, and that by his/fir signatureo o on the instrument the person(>), or the entity upon behalf of which the person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and office seal. �RAJENDRA C. ndllk Commission # 2051398 a .: Notary Public - California z Orange County My Comm. Expires Jan 7, 2018 Place Notary Seal Above Signature L' Signature of Notary Public ------------------------------------------------------- —---------- OPTIONAL ---------------- —------- --------------------- —------ ---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title of Type of Document: AI Document Date: "A- Number of Pages: c�r i Signer(s) Other Than Named Above: Capacity Claimed by Signer Signers Name: iE--i T�kQ4-- 2°`r-�-k('t—, _ Individual s�orporate Officer --- Title(s): ❑ Partner ---❑ Limited E. General -4 Attorney in Fact ❑ Trustee Guardian or Conservator L Other: Signer is Representing: Top of thumb here EXH. A.4 PROPOSALFORM Tree Maintenance Services. Pursuant to and in compliance with your Request for Proposals and Contract Documents relating to the Project: Glendale Tree Maintenance Services including Addenda Nos. N/A the undersigned Proposer, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) at the following unit prices: Item No. Description Unit Unit Price 1 a. Street Tree Maintenance Tree / Pruning Each $40.00 0" - 6" Diameter Standard Height 1 b. Street Tree Maintenance Tree / Pruning Each $75.00 7"- 12' Diameter Standard Height 1c. Street Tree Maintenance Tree / Pruning Each $90.00 13" -18" Diameter Standard Height 1d. Street Tree Maintenance Tree! Pruning Each $135.00 19" - 24" Diameter Standard Height 1 e. Street Tree Maintenance Tree / Pruning Each $145.00 25"- 30" Diameter Standard Height 1f. Street Tree Maintenance Tree / Pruning Each $275.00 31" - 36" Diameter Standard Height 1g. Street Tree Maintenance Tree / Pruning Each 36"+ Diameter Standard Height $285.00 2a. Parks Tree Maintenance / Tree Pruning Each 0" - 6" Diameter Standard Height $40.00 2b. Parks Tree Maintenance / Tree Pruning Each 7" -12" Diameter Standard Height $110.00 2c. Parks Tree Maintenance / Tree Pruning Each 13" -18" Diameter Standard Height $120.00 2d. Parks Tree Maintenance / Tree Pruning Each 19" - 24" Diameter Standard Height $175.00 2e. Parks Tree Maintenance / Tree Pruning Each 25" - 30" Diameter Standard Height $275.00 2f, Parks Tree Maintenance / Tree Pruning Each 31" - 36" Diameter Standard Height $335.00 2g, Parks Tree Maintenance / Tree Pruning Each 36"+ Diameter Standard Height $345.00 3a. Service Request Tree Pruning Each 0" - 6" Diameter Standard Height $40.00 3b. Service Request Tree Pruning Each 7" -12" Diameter Standard Height $110.00 3c. Service Request Tree Pruning Each 13" -18" Diameter Standard Height $120.00 3d Service Request Tree Pruning Each 19" - 24" Diameter Standard Height $175.00 3e. Service Request Tree Pruning Each 25" - 30" Diameter Standard Height $275.00 F-2 EXH. A.5 3f, Service Request Tree Pruning 31 ° - 36" Diameter Standard Height Each $335.00 3g. Service Request Tree Pruning 36"+ Diameter Standard Height Each $345.00 4. Tree Crown Raisin Each $45.00 5a, Palm Tree Pruning on a 3-year cycle) Each $79.00 5b, Palm Tree Pruning on a 1- ear cycle) Each $59.00 6. Tree Removal Only Inch in DBH $17.00 7. Complete Tree and Stump Removal Inch in DBH $25.00 8. Stump Only Removal Inch $8.00 9. Tree Planting 24 inch box w/o root barrier Each $285.00 10 Tree Planting 24 inch box with root barrier Each $310.00 11, Tree Root Pruning Each $450.00 12. Tree Watering Da $450.00 13. Crew Rental Hour/ per man 14 Emergency Crew Rental Hour/ per man $89.00 15. ISA Certified Arborist Consulting Hour 16 Complete inventory Including GPS Data and Documentation of All Trees at City Parks and Facilities Cost for Entire Project $9 500.00 17. Complete Inventory Including GPS Data and Documentation of All City Street Trees Per Tree Site $2.50 18. Tree Planting (36-inch box) Each $1,200.00 Note: Before the Contract is signed, the Contractor shall file with the Deputy Director of Public Works - Maintenance Services or his/her designee a detailed estimate (cost breakdown) or list of unit prices used in making its proposal. Said detailed estimate or list of unit prices shall be sufficiently detailed and itemized to enable the Deputy Director of Public Works - Maintenance Services or his/her designee to make equitable monthly estimates and must be approved by the Deputy Director of Public Works - Maintenance Services or their designee before the contract is signed. The use of said detailed estimate or list of unit prices is for the purpose of preparing estimates of payments as they become due. The amount to be paid shall not exceed the amount proposed. Award of Contract will be based on the Evaluation Criteria and Evaluation Scoring System of these Specifications. NOTES: 1. All amounts and totals given in the Proposal Form will be subject to verification by the Proposer. In case of variation between the unit price and the total cost shown by Proposer, the unit cost will be considered to be his/her Proposal. 2. The Proposal price shall include all State, Federal, and other taxes applicable to the project, and shall be a firm offer for a period of 90 days after the date of proposal submittal. 3. The Proposer to acknowledge receipt of all Addenda. The cover sheet of each Addendum issued shall be signed by the Proposer and attached herewith. 4. The undersigned, under penalty of perjury, acknowledges that they are authorized by the Proposer to submit a Proposal for said Proposer. RespectfOHy submitted: Signatilre and Printed Name Patrick Mahoney, President 2200 E. Via Burton, Anaheim, CA 92806 Address F-3 Patrick Mahoney, President Title Date (SEAL - if Proposal is by a corporation) Attest 4/9/15 ichard Mahoney, Assistant $ " retary EXH. A.6 COOPERATIVE PURCHASING It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Glendale shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. F-4 EXH. A.7 INCUMBENCY CERTIFICATE The undersigned hereby certifies to the City of Glendale that he/she is the duly elected and acting Assistant Secretary of West Coast Arborists, Inc. (the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named below are the duly elected, qualified and acting officers of the Company, holding on the date hereof the offices set forth opposite their names and are authorized to sign this Proposal and Proposal Form NAME Patrick Mahoney Richard Mahoney Rose Epperson OFFICE President Assistant Secretary Treasurer IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this 9th day of April, 2015. Richard Mah Assistant Secretary F-5 3. EXH. A.8 *PLEASE SEE RESPONSE ATTACHED* PROPOSER'S QUALIFICATIONS STATEMENT ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 2.2 How many years has your organization been in business under its present name? 1.2.1 Under what other names has your organization operated? 1.3 If your organization is a corporation or a limited liability company, answer the following: 1.3.1 Date of incorporation/organization: 1.3.2 State of incorporation/organization: 1.3.3 Corporate ID number: 1.3.4 Name of President or Manager(s): 1.3.5 Agent for Service of Process: 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization/formation: 1.4.2 Type of partnership (if applicable): 1.4.3 Name(s) of general partner(s): 1.4A List all states in which you are registered and state ID numbers for each: 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above, describe it and name the principals: LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of license, if applicable. 2.2 List jurisdictions in which your organization's partnership or trade name is filed. 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. 2.4 Include Statement and copies of California C-27 and a C-61/D49 Contractor's License and ISA Certifications as applicable and its expiration dates. EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own personnel. 3.2 Claims and Suits (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any Work awarded to it? 3.2.2 Has your organization ever been debarred from bidding or proposing on any public work of improvement by any state, county or local government agencies? If so, please explain. 3.2.3 Has ,your organization ever been assessed liquidated damages on any public work of improvement? If so, please explain. 3.2.4 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? 3.2.5 Has your organization filed any lawsuits or requested arbitration with regard to tree maintenance work within the last five (5) years? 3.2.6 Have you or, if Proposer is a corporation, any principal of the corporation ever been convicted of a felony? If your answer is "Yes", please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence. 3.2.7 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures ? If so, please explain. F-6 EXH. A.9 3.2.8 Has any governmental agency ever submitted a complaint against you to the California State Labor Commission for failure to submit certified payrolls? If your answer is "Yes', please provide the details of such complaint. 3.3 Within the last five years, has any officer or principal of your organization ever been an officer of another organization when it failed to complete a tree maintenance Contract? (If the answer is yes, please attach details.) 3.4 On a separate sheet, list major projects your organization has in progress, giving the name of the project, owner and scheduled completion. 3.4.1 State total worth of Work in progress and under Contract: 3,5 On a separate sheet, list all tree maintenance contracts your organization has completed in the past seven years, giving the name of project, a project description, owner, owner's phone number, project manager, Contract amount, date of completion and percentage of the cost of the Work performed with your own forces. 3.5.1 State average annual amount of tree maintenance Work performed during the past seven years: SURETY 4.1 If a performance and/or payment bond is required by this proposal, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project: 4.2 Name and address of agent. - ADDITIONAL QUALIFICATIONS 5.1 List names, staff qualifications and proposed duties of staff being assigned to this project. Personnel must be qualified and trained in the tree maintenance industry according to the most recent standards of the American National Standards Institute for Arboricultural Operations: ANSI A300 and Z133.1 including standard practices published in the ANSI companion publications for the Best Management Practices. Proposers shall identify at least two (2) ISA Certified Arborists who will be responsible for providing project management for duration of the project as well as a full-time Site working Supervisor, who is an ISA Certified Arborist, capable of communicating with any citizen, employee or agent of the City and be authorized to act on behalf of the firm. 5.2 List names, staff qualifications and staff being available for this project to consult on tree health issues. 5.3 List of the equipment to be used for this project with corresponding AQMD requirements, OSHA certifications of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle inspection report for the equipment. Explain how you plan on completing work in equipment breaks down. 5.4 Provide a written description of the firm's ability undertake a GPS based field inventory and provide accurate inventory updates for all trees serviced into a tree management program as currently used by the City. Names, staff qualifications and staff being available for this project to provide technical support for inventory software. 5.5 Provide firm's emission control program conforming to the latest requirements of the Air Quality Management District for Southern California (AQMD), and OSHA certification of all aerial equipment, and the most recent California Highway Patrol Commercial Vehicle inspection report for equipment to be used throughout the term of this contract. 5.6 Provide five (5) references with contact information for the main agency manager. F-7 EXH. A.10 PROPOSED SERVICES 6.1 Provide a detailed description of the proposed services to be performed along with schedules, list of personnel, and vehicles that would be required to complete this project. Explain how you will respond to City's request for emergency work. 6.2 Provide a written Quality Control Plan specifying means of identifying and correcting problems throughout scope of operations. The Quality Control Plan shall provide an effective and efficient means of identifying and correcting problems throughout scope of operations. The successful Contractor shall be required to comply with this quality control throughout the term of the contract. This shall include the following: 6.21 Provide a written description of methodology to be used for notifying residents prior to commencement of tree work. City uses sign posting and door -hangers. 6.22 Provide a specified methodology in which the firm will handle complaints from public and damage to public and private property. 6.23 Provide a written description of the firm's plan to report green -waste generated and the method for its disposal. 6.24 Written explanation of means the firm will use for completing the project. 6.3 Provide a written description of the firm's internal tree maintenance and arboricultural training program, which must include training in American National Standard Institute standards for Arboricultural Operations and International Society of Arboriculture (ISA) guidelines as required conforming to the City of Glendale standards. 6.4 Provide a written description of the firm's Customer Service Program including a written methodology to be used for notifying residents prior to the commencement of tree work. 6.5 Provide an inventory of the Contractor's equipment to be used in this contract. Include the brand name, model number, age, weight and capacities of all equipment to be used. . F-8 EXH. A.11 QUESTIONNAIRE REGARDING SUBCONTRACTORS Proposer/Bidder shall answer the following questions and submit with hisiber Contract proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your proposal? Yes ❑ No 2. If the answer to No. 1 is 'Yes`, please forward a copy of the rules of each bid depository you used with this questionnaire. N/A 3. Did you have any source of subcontractors' bids other than bid depositories? No 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ❑ No 5. If the answer to No. 4 is ''Yes", please explain the following details: N/A (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) 6. Omit, 7. Omit. 8. We declare under penalty of perjury that the foregoing is true and correct. Dated this 9th day of April , 2015 t S �larr of panyl;West Coast Arborists, Inc. By:_ i f Title Patrick Mahoney, President All of the above statements as to experience, financial qualifications, and aval le p and equipme are submitted in conjunction with the proposal, as a part thereof, and the truthfulness an cc Qy he informatio is guaranteed by the proposer. Signature of Proposer Return With Proposal F-9 EXH. A.12 CONTRACTOR SAFETY QUESTIONNAIRE Company Name: West Coast Arborists, Inc. Primary Type of Work: Tree and landscape maintenance services Person Completing Form: Title: _ Presi6�qq' Signature: Phone Number: (714) 991-1900 Date: 4/9115 SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier (ERM) for the three most recent years 20 12 .90 20 13 .65 20 14 .58 2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 2012 2013 2014 a. Fatalities b. OSHA recordable incidents c. Lost work day incidents Please see attached. d. Total lost work days e. Total hours worked 3. Please provide copies of the following: Check if Enclosed a). OSHA 300 logs for the most recent three years KI e).Training Plans - and current year-to-date b). Verification of ERM from your insurance carrier ® (;.Training Certificates for Employees - *� c). Injury/Illness Report C g).Emergency Response Training d). Complete written Safety Program - * K h).Safety Manual X❑ Primary contractors must submit all information requested on Ne. 3. (a-g) to the City. Subcontractors must submit information (a-c) to the City and d-g to the primary contractor and shouid be made available to the City upon request. 4. Company Safety Contact: a. Name Rene Portillo b. Phone (714) 991-1900 SAFETY PROGRAM 1. SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written Safety Manual that meets SB 198 (f Yes)No requirements for injury and illness prevention? 1) Last revision date August 2011 F-10 EXH. A.13 b. Do you have a written safety field manual? Yes Na cAre all workers given a booklet that contains work rules? responsibilities and other appropriate information? Yes" No 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of ( Yes; No the company? b. Do you have a disciplinary process for enforcement Yes; No of your safety program? -- c. Does management set corporate safety goals? Yes; No d. Does executive management review: ® Accident reports? 1rXJ Safety statistics? 0 Inspection reports? e. Do you safety pre -qualify subcontractors? ti Yes No f. Do you have a written policy on accident reporting ( Yes' No and investigation? - g. Do you have a light -duty, retum-to-work policy? ;Yes) No h. Is safety part of your supervisor's performance evaluation? ! Yes No i. Do you have a personal protective equipment (PPE) policy Yes!No j. Do you have a written substance abuse program? Yesti No If yes, does it include: Pre -employment testing , Return -to -duty testing 2] Random testing ® Disciplinary process ® Reasonable cause testing Alcohol testing © Post accident testing ❑ National Institute on Drug Abuse Panel Screen k. Does each level of management have assigned safety (Yes No duties and responsibilities? ')" 2. TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? r Yes I No b. Do you conduct site safety orientation for every (Yes No person new to the job site? ..4 c. Does your safety program require safety training meetings? Yes; No for each supervisor (foreman and above)? How often? ❑ Weekly ® Monthly YK Quarterly iX 1 Annually F-11 EX}L A.14 d. Do you hold tool box/tailgate safety meetings (Yes,;No focused on your specific work operations/exposures? Weekly ❑ Daily e. Do you require equipment operation/certification training? 6. Yes No f, Do you require crews to be trained and expected to adhere to Work Yes No Area Traffic Control Handbook (WATCH) standards for traffic control,? 3. ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? ( Yesz No If yes, check which apply: X X Pre project/task planning _ Emergency procedures X Record keeping X Audits/inspections X Safety committees X Accident investigations/reporting _ HAZCOM _X Training documentation X Substance abuse prevention X Hazardous work permits X Return -to -work _ Subcontractor prequalification b. Do you have project safety committees? Yes/No c. Do you conduct job site safety inspections? How often? s)No Daily X1 Weekly ❑ Monthly Do these inspections includes a routine safety inspection of equipment (e.g.. scaffold, ladders, fire extinguishers, etc.)? (Yes 'No d. Do you investigate accidents? How are they reported? $,/Yes% No XI Total company ❑ By superintendent ° ® By project By project manager 21 By foreman In accordance with OSHA e. Do you discuss safety at all preconstruction and progress?' meetings? f Yes,= No Do you perform rigging and lifting checks prior to lifting,, Yes'fir; X1, For personnel ❑ For equipment ❑ Heavy lifts (more than 10,000 lbs.) 4, WORK RULES 1- a. Do you periodically update work rules? ;Yes) No When was the last update? April 2015 b. What work practices are addressed by your work rules? ® CPR/first aid ❑ Access--entrances/stairs ® Barricades, signs, and signals Respiratory protection ❑ Blasting ( Material handling/storage Communications ® Temporary heat F-12 ❑ Compressed air and gases ❑ Concrete work ❑ Confined -space entry ® Cranes/rigging and hoisting ❑ Electrical grounding ® Environmental controls and Occupational health ® Emergency procedures ❑X Fire protection and prevention ❑ Floor and wall openings ® Fall protection ❑ Housekeeping ® Ladders and scaffolds ® Mechanical equipment/ maintenance/pre-op checks/ operation ❑ Welding and cutting (hot work) EXH. A.]5 ® Vehicle safety © Traffic control ❑ Site visitor escorting ❑ Public protection ® Equipment guards and grounding ® Monitoring equipment ® Flammable material handling/storage ® Site sanitation ❑ Trenching and excavating ® Lockout/Tagout ❑ Energized/pressurized equipment ® Personal protective equipment ® Tools, power and hand ® Electrical power lines ❑ Other 5.OSHA INSPECTIONS 1. Have you been inspected by OSHA in the last three years? ' Yes}No 2. Were these inspections in response to complaints? Yes(No 3. Have you been cited as a result of these inspections? t Yes , No If yes, describe the citations: 2010: City of Pleasanton, heat and illness citation. 2013: City of Las Vegas, office/shop inspection. Citation for equipment in shop. More information available upon request. F-13 EXH. A.16 DESIGNATION OF SUBCONTRACTORS NAME OF PROPOSER West Coast Arborists, Inc. Subcontractors that will be performing work under these specifications shall have a State of California Contractor's license in good standing at the time proposals are received. Each Proposer shall set forth below the name and location of the place of business of each subcontractor who will perform any service to the Contractor in or about the performance of the work contained in these Specifications. Please type or legibly print (attach additional sheets as necessary). Scope of Work to be performed: NONE TO BE USED Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed. - Business Address: Telephone No.: License No.: F-14 Scope of Work to be performed: N/A Name under which Subcontractor is licensed: Business Address Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: F-15 EXH. A.17 EXH. A.18 DESIGNATION OF SUBCONTRACTORS The Contractor shall not: A. Substitute any person as subcontractor in place of the subcontractor listed in the original proposal. except that the City may consent to the substitution of another person as subcontractor: 1. When the subcontractor listed in the proposal, after having had a reasonable opportunity to do so, fails or refuses to execute a written Contract, based upon the general terms, conditions, plans and specifications for the project involved or the terms of such Contractor's written proposal, is presented to him by the Contractor, or 2. When the listed subcontractor becomes bankrupt or insolvent, or 3. When the listed subcontractor fails or refuses to perform his/her subcontract. or 4. When the listed subcontractor fails or refuses to meet the bond requirements of the Contractor, or 5. When the Contractor demonstrates to the City that the name of the subcontractor was listed as the result of an inadvertent clerical error, or 6. When the listed subcontractor is not licensed pursuant to the Contractors License Law, or 7, When the City determines that the, Work performed by the listed subcontractor is substantially unsatisfactory and not in substantial accordance with the Request for Proposals and/or contract documents, or that the subcontractor is substantially delaying or disrupting the progress of the Work. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original proposal, without the consent of the City. C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's total proposal as to which his/her original proposal did not designate a subcontractor. Prior to approval of a Contractor's request for a subcontractor substitution. the City will give notice in writing to the listed subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listen subcontractor's consent to the substitution. If written objections are filed, the City will give notice in writing of at least five (5j 'Jdorking Days to the listed subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor. as a condition to asserting a claim of inadvertent clerical error in the listing of a subcontractor, shall within two Working Days after the time of the proposal due date. give written notice to the City and copies of such notice to both the subcontractor he/she claims to have listed in error and the intended subcontractor who had bid to the Contractor prior to the proposal due date. Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's total proposal as to which no subcontractor was designated in the original proposal shall only be permitted in cases of F-16 EXH. A.19 public emergency or necessi,y, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, of (1) canceling this Contract, or (2) assessing the Contractor a penalty in an amount not more than ten percent of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. [END OF DOCUMENT] F-17 CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION STATE OF CALIFORNIA COUNTY OF Orange EXH. A.20 Patrick Mahoney _ being first duly sworn, deposes and says: 1. That he/she is the President (Title of office if a corporation: "sole owner," "Partner;" or other proper title) of West oast Arborists, Inc. , (hereinafter called "Contractor") who has submitted to the City of Glendale a Proposal for the provision of Tree Maintenance / Services for Street -Side Right -of -Way Trees. 2. That said Proposal is genuine: that the same is not sham: that all statements of fact therein are true; 3. That said Proposal is not made in the interest or behalf of any person, partnership, company. association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit; agree. collude, conspire or contrive with anyone else to submit a false or sham proposal or bid, to refrain from proposing, or withdraw his/her proposal, to raise or fix the proposal or bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Glendale, or of any other proposer, or anyone else interested in the proposed Contract; .5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other proposers or induce action prejudicial to the interests of the City of Glendale or of any other proposer, or anyone else interested in the proposed Contract: 6. That the Contractor has not accepted any proposal from any subcontractor or material supplier through any bid depository. the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any proposal from any subcontractor or material supplier, which is not processed through said bid depository, or which prevent any subcontractor or material supplier from proposing to any Contractor who does not use the facilities of or accept proposals from or through such bid depository, [CONTINUED ON NEXT PAGE; F-13 EXH. A.21 7. That the Contractor did not. directly or indirectly; submit the Contractor's proposal price or any breakdown thereof. or the contents thereof; or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository. or to any member or agent thereof, or to any individual or group of individuals, except to the City of Glendale, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. Dated this 9th day of (%prig, 2Q15 X f Anaheim Contractor Patrick Mahoney, President Title City Subscribed and sworn to before me this Day of 20 Notary Public in and for said County and State (SEAL) SEE1,407AATTACKED p^g^ qy ATE [END OF DOCUIOENT] -19 _ California State CALIFORNIA JURAT WITH AFFIANT STATEMENT CIVIL)COOEt 1189 Vsee Attached Document (Notary to cross out lines 1-6 below) ii See Statement Below (Lines 1-6 to be completed only by document signer(s), not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) '; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 01 day of A-fl QkL- 20 1 by �T 2i�tC H—t C�r\)FY personally proved to me on the basis of satisfactory evidence to be the personm who appeared before me. RAJENDRA C.7AAMIN Commission # 1398 h N^tary Public - fornia Notary's Signature f ©range County PP" Comm. Expires Jan 7, 2018 ---------------- —------------ ------------------------------------ OPTIONAL --------------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title of Type of Document: Goa l s i i" 1 Y3 tram S s f 6AV i j e-g= C,(; L L14-C i C` f\j Document Date: ,A"25 L 0 'ri c3 Number of Pages: - - j,/ - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: i�fi (C ;�i i-f 0 NC.`f Individual l orporate Officer --- Title(s): (9iZ 1571 i Di— D Partner ---E, Limited c, General Attorney in Fact _�i Trustee _j Guardian or Conservator Other: Signer is Representing: CSC pon ,47\ 1BC- EaH. A.23 PRE -PROPOSAL SITE INSPECTION CERTIFICATION The proposer hereby certifies that heishe and his/her subcontractors have inspected the site and related request for proposals and contract documents and fully acquainted themselves with all conditions and matters which might in any way affect the work and scheduling. The proposer also certifies he/she has observed the designated work areas and access routes, if disclosed or shown; as part of work in this Contract. NAME OF PROPOSER: West Coast Arborists, Inc. 2200 E. Via Burton, Anaheim, CA 92806 Date: 4/9/15 Persons who inspected site of the proposed Work for your firm: Name Tim Crothers Date of Inspection Title Area Manager Name Title F-20 Date of Inspection 03/19/15 EXH. A.24 City of Glendale Disclosure - Campaign Finance Ordinance - CONTRACTS Contracts with the City of Glendale, Glendale Redevelopment Agency and Housing Authority In August 2011, the Glendale City Council adopted Ordinance No. 5744, which becomes effective on September 9, 2011 ("Ordinance"). The Ordinance prohibits campaign contributions from parties who contract with the City of Glendale" Glendale Redevelopment Agency, or the Housing Authority of the City of Glendale and prohibits Council Members from voting on matters pertaining to contracts with persons who have provided campaign contributions. Contractor* Address Patrick Mahoney, President 191 E. Cobblestone Lane, Anaheim, CA 92807 Richard Mahoney, Asst. Secretary 565 E. Peralta Hills Drive, Anaheim, CA 92807 Rose Epperson,Treasurer 32622-B Success Valley Rd., Porterville CA 93257 * "For purposes of the Ordinance, the Contactor is any "person" who is the party or prospective party to the contract with the City, GRA or HA or any member of that party's Board of Directors, its chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest of more than ten percent (10%) in the party, and any campaign committee, that is sponsored or controlled by the party. Please disclose the names of these persons above. Subcontractor ** NONE Address *` "Subcontractor" means a person who has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime contractor. For purposes of the "subcontractor", "Person" includes the subcontracting party as well as any member of that party's Board of Directors, its chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest of more than ten percent (10%) in the party. and any campaign committee that is sponsored or controlled by the party. Please list the name and addresses of all of these persons under "subcontractor." Certification I hereby certify, on behalf of the above -named contractor, that the names of all "persons" of the contractor and subcontractor under the contract are fully set forth above. I further acknowledge that the applicant has a continuing obligation to update this disclosure form if the applicant selects additional or substitute architects; design professionals, contractors or subcontractors F-21 EXH. A.25 within ten (10) days of the selection or change. I hereby certify that 1 have been legally authorized by the contractor to submit this disclosure form and certify to the content hereof. Executed on April 9, 2015 Contractor's Signature Patrick Mahoney d Contractor's Address 2200 E. Via Burton, Anaheim, CA 92806 Contractor's Contact Phone Number (714) 991-1900 Contractor's Email Address pmahoney@wcainc.com F-22 heim , California , Print Applicants Full Name BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION EXH. A.2G 1.1 West Coast Arborists, IncJs licensed by the California State Contractors License Board under license #366764. This license was issued on 12/13/1978. 1.2 West Coast Arborists, Inc. has been in business since 1972. 1.2.1 — Prior to 1978, we operated under "George the Tree Man." 1.3 - West Coast Arborists, Inc. is a California Corporation. 1.3.1— Date of incorporation is May 10, 1978. 1.3.2 — State of incorporation is California 1.3.3 — Corporate ID No. is 0846211 1.3.4 — Patrick 0. Mahoney is the President 1.3.5 — Agent of Service of Process: Victor M. Gonzalez, Vice -President, Director of Marketing and Tim Crothers, Area Manager 1.4 — N/A 1.5 — N/A 1.6 — N/A 2. LICENSING 2.1— We are licensed to operate throughout the State of California under California State Contractor's License No. 366764. Our license classification is C61/D49 — Tree Service and C27 — Landscaping. 2.2 — N/A 2.3 — None 2.4 — Please see attached. 3. EXPERIENCE 3.1 - Listed below are categories of work that we normally perform with our own crews. GRID/CIRCUIT TREE PRUNING Work includes disposing of all solid waste, green waste, debris and recyclables. All work shall be performed by qualified line clearance tree personnel only and shall be performed in a safe and proficient manner. SERVICE REQUEST / SPECIAL REQUEST TREE PRUNING Service Request tree pruning may include pruning trees prior to their regularly scheduled grid trim or to rectify a specific problem such as pruning broken limbs, pruning for crown reduction, crown restoration or severe overhang. TREE AND STUMP REMOVAL City prepares list of tree(s) to be removed, marks the tree(s), notifies the homeowner(s) and submits list(s) to WCA. WCA will notify Underground Service Alert, prepare an internal work order and schedule the work. The removal crew will remove the tree(s) and haul all debris generated. The removal crew will grind stump(s) to a depth of 18 inches. All holes will then be backfilled followed by a thorough cleanup of the surrounding area. TREE ONLY REMOVAL City prepares list of tree(s) to be removed, marks the tree(s), notifies the homeowner(s) and submits list(s) to WCA. WCA will prepare an internal work order and schedule the work. The removal crew will remove the tree(s) and haul all debris generated. A thorough cleanup of the surrounding area will follow. STUMP ONLY REMOVAL City prepares list of stump(s) to be removed, marks stump(s), notifies homeowner(s) and submits list(s) to WCA. WCA will notify Underground Service Alert, prepare an internal work order and schedule the work. The stump crew will remove the stump(s) and haul all debris generated. The crew will grind stump(s) to a depth of 18 inches. All holes will then be backfilled followed by a thorough cleanup of the surrounding area. EMERGENCY CREW RENTAL WCA is available for emergency calls on a 24-hour basis. WCA has a toll -free emergency telephone number, 866-LIMB-DOWN (866-546-2369), where one of our Area Managers will respond to the call. Should an emergency call -out occur during evening hours, weekends and/or holidays, we can respond and begin work. Our emergency response team will do what is necessary to leave the tree site safe until the following workday. Should an emergency occur during regular business hours (whether the crew is in the City performing work or not), we can respond and begin work on -site. TREE PLANTING Planting includes the tree, root barrier (when required by specifications), stakes, ties, installation and a watering period. Planting lists should be compiled by the inspector and submitted monthly or as needed. WCA will guarantee the life of the tree for a period of ninety calendar days (90), excluding vandalism and extreme weather conditions. SPECIALTY TREE PLANTING Trees that are not readily available or are that are more expensive than typical species are considered specialty trees. The planting operation and guarantee are the same as TREE PLANTING. TREE WATERING EXH. A.28 Watering is performed by a one-man crew with water truck and will water various routes including landscape median and young trees that are typically 3-years old & younger. CREW RENTAL The standard crew consists of three men, one chipper truck, one chipper, one aerial tower and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including service request pruning or special requests such as hanging flags, changing light bulbs, or work requiring specialty equipment. 3.2 Claims and Suits 3.2.1 — WCA is proud to say that we have never failed to complete any work awarded. 3.2.2 — WCA has never been debarred from bidding on any public work or improvement by any state, county or local government agency. 3.2.3 — WCA has never been assessed liquidated damages. 3.2.4 — There are no judgments, claims or arbitration proceedings or suits pending against WCA. 3.2.5 — WCA has never filed any lawsuits or requested arbitration with regard to construction within the last five (5) years. 3.2.6 — No principal of WCA has ever been convicted of a felony. 3.2.7 — WCA has never been charged by a governmental agency for failure to follow safety procedures. 3.2.8 — No governmental agency has ever submitted a complaint against WCA to the California State Labor Commission for failure to submit certified payrolls. 3.3 — N/A. No officer or principal has been with any other organization within the last five (5) years. 3.4 — Please see attached References. 3.4.1—Total worth of work in progress and under contract is $ $65,535,640.00 3.5 — Please see attached References 3.5.1 — Average annual amount of work performed during past five (5) years is $55,000,000.00 EXH. A.29 4 SURETY 4.1— Our bonding company is prepared to provide both Performance and Payment Bonds (Maintenance Bond if required as well) on behalf of WCA. CBIC provides all bonds for WCA. 4.2 —The firm's name is: Stong Surety Insurance Services ATTN: Michael Stong, President 4850 Arlington Ave., Suite B Riverside, CA 92504 (951) 343-0382 (951) 343-1219 fax www.stongsurety.com CBIC Attn: Vickie Spence 111 Pacifica, Suite 350 Irvine, CA 92618 (800) 247-2242 5 ADDITIONAL QUALIFICATIONS 5.1— See Section titled STAFF QUALIFICATIONS in the attached. 5.2 — See Section titled STAFF QUALIFICATIONS in the attached. 5.3 — See section titled EQUIPMENT in the attached. 5.4 — See section titled INVENTORY SOFTWARE in the attached. 5.5 — See section titled EQUIPMENT in the attached. 5.6 — See section titled REFERENCES in the attached. 6 PROPOSED SERVICES 6.1 — See section titled SERVICES TO BE PERFORMED 6.2 — 6.24 — See section titled QUALITY CONTROL 6.3 — See section titled QUALITY CONTROL: Pruning Standards 6.4 — See section titled QUALITY CONTROL: Public Notification and Customer Service 6.5 —See section titled EQUIPMENT: Project Equipment EXH. A.30 WORK PLAN Should the City of Glendale award WCA the contract for Tree Maintenance Services we are prepared to perform the following Work Plan. Contract Management (within 10 working days from Contract Amendment) • Maintain all required insurance and bonds as specified in the RFP. • Maintain any and all Business Licenses and/ or permits. • Execute a Contract Amendment for Tree Maintenance. • Conduct a Pre -Job meeting with staff prior to commencement of work. • Submit a detailed work schedule with specific dates for approval. Mobilization (within 10 working days from Notice to Proceed) • Mobilized the assigned vehicles, equipment and materials required for this project. • Prepare crews with knowledge of specifications & standards for this project. Notification (within 10 working days from Notice to Proceed) • Identify the list of addresses required for notification. • Prepare and print notices as approved by the City. • Distribute notices at required time prior to commencement of work. • Post official "No Parking" signs on Right -of -Way at a minimum of 24 hours in advance. Commencement of Work • Report work location to the Inspector daily. • Perform vehicle, equipment and material inspection prior to leaving the facility. • Insure English-speaking certified personnel at the job site at all time. • Set up traffic Control in accordance with the Work Area Traffic Control Handbook. • Work in accordance with the ISA and the ANSI Standards. • Perform tree pruning and/or removal in accordance with the Agency's Guidelines and the ANSi Standards. • Provide all safety measures necessary for public protection. • Avoid work or any other activity on private property unless directed by the Agency. • Use any means to the best of our ability to protect private property. • Maintain excellent public relations with the community. • Meet with Inspector(s) on a daily basis and report the days activities. • In the event of an emergency, provide immediate response and take action at the Agency's request in a safe and efficient manner. • Provide the Agency with recommendations for recommended removals. EXH. A.31 Inspection of Work Performed • Insure that the Written Solution Plan is enforced. Review pruning methods to insure the highest level of pruning standards are being used. • Notify damage of property (public and private) to the Inspector immediately. • Property damage measures to take place within 48 hours of occurrence. • Remove all debris and material for the job site. • Inspect final work, including cleanup of worksite(s) each day. • Record work completed in data record format for proper inventory update. • Maintain the List Tracking System and review with staff. Proposed Schedule of Work Work will begin with ten (10) working days of a Notice to Proceed from the City and each work task will be completed within an agreed amount of calendar days depending on location. Regular work hours shall be from 7:00 a.m. to 5:00 p.m. and we will begin at the preferred location of the City. Per the specifications, we will notify the City in writing of any changes to the above project schedule. As with all projects, we will strive to make this project successful for the residents and the City while minimizing the inconvenience. We do encourage your input and suggestions to help achieve this goal. Safety Manual WCA's Safety Manual (orange document) is included with this bid and is located inside the binder. Equipment We currently have more than 700 pieces of fairly new equipment that enables us to replace equipment immediately should there be any unforeseen mechanical problems. We employ 24 full-time mechanics that perform an in-house fleet maintenance program. Each vehicle is schedule for service and inspection every ninety days. This allows our equipment to be in good operating condition necessary for accomplishing the Agency's needs. Through our ability to dedicate specific pieces of equipment for this project, we believe it will lead to a successful program. In addition to aerial lift devices, dump trucks, flatbed trucks, roll off containers, and customized trucks exclusively for line clearing, we will also have additional equipment for use in the City such as cranes, loaders, and special aerial lift devices for higher elevated trees. Please see EQUIPMENT in proposal. CITY OF GLENDALE RFP For Tree Maintenance Services EXH. A.33 1. Introduction Our Vision I 109% Customer Satisfaction I InteractivePartnership ....................................................................................... -.................................. 2 rr r• uterr Cualifit.'atiori Introduction 3 WCA Work Force . 4 Project Team •„- 8 Certified Urban Forester 10 Certified Tree Care Safety Professional .......... _...... ...................... ......................... ........... 10 Certified Utility Line Clearance Tree Workers -------------------------------------- -------------------------------- •------------ •----- •10 PestControl Applicator ........................................................................................................................ 10 ATSCAA Traffic Control 10 Certified Arborists 11 Certified Tree Workers 11 Wildlife Protection Plan ............... ------------------------------------------ --------------------------------------------------------------- 12 3. Inventory'aftware................................•-•••-•-• ----13 Introduction 13 ArborAccess Online 13 Computer Software Specifications 13 Software Training -------------------------------------------------------------------------------------------------------------------------------- 13 Billing------------------------------------------------------------------------------------------------------------------------------------------13 List Tracking System--------------------------------------------------------------------- _----------------------------------------------------- 14 Sample Management Tools--------------------•------------------------------ ---------------------------------14 Detailed Reporting Options---- ..................... -....................................... ---. ... _.._..... .--------------------------------- 15 Tree Inventory References •,••-__-_„_•_•• --------------------------------16 4. 't rvires, to bp, Performer Introduction 17 Pruning ------------------ • ---- 17 Benefits of a Grid Pruning Program.-.--•-----------------------------------------------------.-.. ...... .----------- ------ --_...... ----.17 Clearance Pruning---------------------------- _---____------Is LineClearance Pruning--------------------------------------------------------------------------------------------------------------------- IS Small Tree Care 18 PalmTrunk Skinning.------------------------------------------------------...................................................... ..............19 RemovalOperations---------------------------------------------------------------------------------------------•--••----•-•-•--•-••..._---,19 EXH. I,. ervir'e is he Performed (Enrstinued) Rout Pruning----------------------------- --------------------------19 Tree Planting ------------------------------------- •------------------------------------------------------------------------ ----------------•---------19 Tree Watering------------------------------------------------------•-----------------------------------------------• -- --------------------------2D EmergencyResponse----------------------------------------------------------------------------------------- --------------------------20 Crew Rental 70 Specialty Equipment Rental ------------ 20 Consulting Arborist/Inspection--------------------------------------------------------------------------------------------------------------- 20 DataEntry .......................... ---------------------------------------------- ....... ----------------------------...-•--•---•---•-•-••......•_ZD 5, duality Control ..............••-------------.........---------------------------------........-•-•--. ................................................. 1 ProjectArea Manager ....................................................................... ........................................... -•-•-•-22 Project Work Farce ___________27 Hours of Work and Operation_____ ___________________________ -----------------------------•--------- ---------------- __________-__________-___27 Schedulingof Work .................................. •-•---------•-•---------...........-----•---........---------------------..........._......•_22 Workflow Process 23 Public Notification 24 Communication Systems----------------------------------------------------------------------------------------------------- ------------------ 24 Permits9 Licensing ............. ----.................................................................. ....................................... 25 Right -of -Way--------------------- ------------------------------ 25 Cooperation9 Collateral Work-------------------------------------------------------------------------------------------------- ............ 25 Project Site Maintenance ----------- 25 Protection of Public and Private Property ............... ................. ........................................................... 25 Public Convenience and Safety--------------------------------------------------------------------------------------------------------- 25 Traffic Control 25 Customer Service Department------------------------------------------------------------------------------------ 26 Pruning Standards----------------------------- ------------------ ---------------------------------------------------- 27 Assembly Hill 939.------------------------------------------------------------------------------------------ -------------------------------------- 78 RecyclingProgram ------------------- ---------------------•----------------------------------._.. ........ -------------- 29 ,. I'quiprrrent -------------------------------------------------- ....................................... '71 7,fr'errCe 8, E'urpar'aie Cavasrlitrp'........................................... •.... --- , EXH. A.35 West Coast Arborist's (WCA) vision is to deliver the best Urban Forestry Management Program in California. We achieve our vision by making total quality our way of doing business, by relentless pursuit of full customer satisfaction in every respect, by empowering our trained people, by leading the industry in state-of-the-art urban tree care services, and by performing superior and safe operations on a seven day a week, twenty-four hour a day basis. Our corporate values include listening to our customers and improving our services to meet their needs. We are committed to providing superior performance and are accountable for our actions and results. Our leadership sets clear goals and expectations for the organization, is supportive of our outstanding and diverse WCA team, and provides and seeks frequent WCA cremworkinginthe MyofFullerton feedback from our customers. As a corporate citizen, WCA's responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental ` responsibility, communicating openly with our customers and the J communities in which we work. ua Customer satisfaction is our top priority. We guarantee your complete satisfaction with all s aspects of our services. Our dedication to customer service has earned WCA a reputation unequaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customers precious time and is far more cost effective if we do our work properly the first time. low- _. �—We are committed to courteous and prompt customer service to fully resolve any problem. EXH. A.36 We believe in an Interactive Partnership where municipalities can confidently rely on WCA to assist them with any of their tree care needs. Our goals in urban tree care are to extend the life of all trees, preserve public safety, and produce a reliable source of shade, beauty, and the many benefits that result from healthy trees in parks and City right-of-ways. COMMUNITY ADMINISTRATORS City Council Public Works Department Public Works Commission Street Maintenance Department Parks Commission Cost effectiveness Increased service levels Precise scheduling of work WCISA certified staff State-of-the-art technology WCA is committed to a pro -active policy that reflects our sense of corporate and social responsibility. We have the qualifications, equipment, and corporate capabilities to meet the community's environmental and public safety needs. Our certified teams ensure the community that the work performed will be in accordance with industry standards. Our large fleet of equipment allows us to dedicate specific pieces to the City. Our support staff aids the field team with tailored information and database access which provides communities with a comprehensive urban tree care program. EXH. A.37 West Coast Arborists, Inc. (WCA) is a family -owned and operated company employing over 750 full-time employees providing various tasks to achieve one goal: serving communities who care about trees. Our employees operate from one of our seven California offices: Anaheim, Ventura, Fresno, Stockton, Riverside, San Diego and San Jose serving over 200 municipalities. The company is comprised of a top management team, a management committee and a safety committee, Staff members have diverse educational backgrounds including accounting, business administration, engineering and forestry. WIA WK FMDE WCA actively maintains ongoing processes to assure that only qualified and competent staff provides safe and quality tree maintenance services. These skilled employees can only be achieved through both training and work experience. We believe that essential experience should always be obtained through qualified supervision: this includes both basic and extended skills. WCA makes every attempt to ensure that this is undertaken before career advancement, leading a crew, or performing work. The work performed on this contract is routine, recurring and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on prevailing wage determination "Landscape Maintenance Laborer." EVALUARIN WCA employees are evaluated through an internal mechanism supervised by the Management Team. Each employee performs his duties according to a criteria -based job description that reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and customer service. A performance appraisal is conducted for each employee upon completion of the probationary period and at least annually thereafter. Each worker is also required to complete a competency assessment and orientation upon hire and annually thereafter in selected areas to assure that ongoing requirements are met and opportunities for improvement are identified. EXH. A.38 Professional Registration ISA, Certified Aphorist #WE-1172A Mr. Mahoney founded West Coast Arborists, Inc. in 1972. As President and Chief Executive Officer, Mr. Mahoney oversees the complete operation of the company. Under his direction the company has grown from 3 employees and 2 trucks to over 600 employees with a 7DO plus unit fleet. In December of 7009, the Anaheim Chamber of Commerce honored Patrick as the "Business Champion of the Year" for 2009. The Business Champion of the Year Award recognizes an individual who uses their professional expertise and talents in activities that promote business and the Anaheim community. Professional Affiliation founder- Southern California Tree Trimmers Jamhopee Past President and Honorary Lifetime Member - Western Chapter ISA Served 1989--97- ISA Certification Committee Awardaf*erit- Western Chapter ISA,1997 Award af,4chievement- ISA,199B Society affammercial Arborists Municipal4rborists Association Street Tree Seminar Tree Care lndustryAssociation Maintenance Superintendents Association Utility Arborists Association California Oak foundation alp M. ICI has been involved in the implementation and costing programs. Professional Registration B.S., Business Administration, Aryasyllniversity, Costa Mesa, CA American Society of Consulting Arborists, Executive ISA, Certified Arborist #WE-1945A Mrs. Epperson has been with WCA since August 1979, and she has been a director at WCA since 1992. Her experience lies in accounting and administration. She is responsible for administrative and accounting functions an a corporate level. She management of our computerized accounting, estimating and job EXH. A.39 Professional Registration B.S., Business Administration, UniversityaiHauston, Houston, TX ISA, Certified Arborist #WE-1171A Mr. Mahoney has been with WCA since 1974 and has over 35 years experience in the tree care industry. He is responsible for internal operations, management of our fleet including maintenance and repairs, as well as overseeing facilities, supplies and purchasing. Prior to his present position with WCA, he spent two years as Vice President of Operations for Golden Coast Environmental Services, a computer oriented urban forestry consulting firm in Irvine, CA. With an extensive background in information systems management, he oversees the computer operations of WCA. He has also served as a member of the Board of Directors since 1978. RUDY PALIMPMfl Vita Yi;-nJdw I rpAi attagp-r Professional Registration ISA Certified Arborist #WE-1043A TCIA, Certified Tree Care Safety Professional, #771 Wildlife Training Institute, Certified Wildlife Protector #5B1 Mr. Thompson has been with WCA since 1978. He has over 30 years experience in the arboriculture field. He is responsible for estimating, scheduling, contract administration, personnel and daily operation. He is responsible for field operations, customers service, and management of crews throughout Orange County. Through his employment he has gained valuable experience in computer estimating, tree inventory systems, and costing programs which are essential in the efficient operation of tree crews. AM- NEW R. TRUT-rR Professional Registration California Urban Forests Council, Certified Urban Forester #193 ISA, Certified Utility Arborist #WE-642AU Wildlife Training Institute, Certified Wildlife Protector #533 TCIA, Certified Tree Care Safety Professional, #142 Mr. Trotter has been with WCA since August of 1982. Prior to that, he had eight years experience in the tree care industry. After working as a Foreman for eight years, Mr. Trotter was promoted to Field Operations Manager in March of 1990. As Field Operations Manager, he supervises all of the field operations as well as oversees our safety, training, nursery and wood recycling facility. He has been an industry leader in many key projects including United Voices for Healthier Communities Great Clean Air Planting Project, Toolkit for Developing Urban Forest Management Plans and the Western Chapter ISA's annual "Workday" fundraiser. 41 11L- PI'E'-IdEff11, f"Jt11P-3.1;r A-4T j�, EXH. A.4O Professional Registration B.A., Entrepreneurial Management minor in Political Science, Ca/ifarnia State Universityfu//ertan, Fullerton, CA ISA, Certified Arborist NE-3812A Employee of the Year, WCA /995 Ms. DePasquale has been with WCA since November of 1993. Before that time, she worked as a consultant for WCA and was a Senior Account Executive for a finance company for five years. Her responsibilities include managing Customer Service, Billing, Administration and Human Resources. Ms. DePasquale has over 20 years computer experience and 17 years in the tree care industry. CHRISIMPHER CRIPMA Vice President W Professional Registration Microsoft Certified Professional Mr. Crippen has been with WCA since October of 1995. At that time, he had four years experience as a computer programmer for an insurance company. He supports the tree inventory software created by WCA, as well as customizes each software package for each City. In addition, he maintains the inventory databases compiled by the Inventory Specialists. He has over IS years computer programming experience and over 14 years experience in the tree care industry. AM BY GONZALEZ Professional Registration B.S., Engineering Technology — Construction Management, Ca/ifarnia State University, Lang Beach, long Beach, CA ISA, Certified Arborist #WE-7175A ATSSA, Certified Traffic Control Designer #DD236811 TCIA, Certified Tree Care Safety Professional, #761 Employee of the Year, WC,47009 Mr. Gonzalez has been with WCA since June of 1999. During the previous two years, he worked as a Public Works Inspector for a private engineering firm serving cities in Orange and Los Angeles Counties. Before that time, he served the City of Bellflower for four years as an Executive Assistant to the Director of Public Services. His responsibilities included contract administration, project management, and customer service. He has over seven years of city government and public works experience and 11 years in the tree care industry. He is a member of the firm's Management Team that provides strategic leadership and business development. He leads the sales force in developing its customer base and strategic marketing plans. He oversees the procurement of company's annual insurance policy coverage and nearly 200 contracts. Jwmilitu "y U'l.1p8rif fit' EXH. A.41 Professional Registration B. S., Ornamental Horticulture, Cal Poly Pomona, Pomona, CA Mr. Brown has been with WCA since November of 2000. Before that time he worked for Davey Resource Group as a Project Manager and for Golden Coast Environmental Services as an Inventory Supervisor. His responsibilities include planning and implementation of street tree inventories. performing quality control on tree inventory data and supervision of tree inventory data collection staff. He also provides technical support for our inventory software program, ArborAccess and performs Geographic Information Systems (GIS) functions. Mr. Brown has over 20 years of experience in the tree care industry. ORIAN OEM Professional Registration B.S., Ornamental Horticulture, C31PalyPamona, Pomona, CA ISA, Certified Arborist #WE-341A Mr. Koch has been with WCA since November of 2000. He has over 25 years experience in the tree care industry. As a Data Collector he has inventoried trees throughout North America including Hawaii. His responsibilities include collecting tree site information for building databases. In addition, he develops master street tree planting programs and recommends species. Mr. Koch is member of the ISA and the Southern California Turfgrass Council. REM" PCIVALL8 V uafeiy Tr ainal° Professional Registration ISA, Certified Utility Arborist #WE-2936AU ISA, Certified Tree Worker #579C TCIA, Certified Tree Care Safety Professional #CTSP-137 NCCCO, Certified Crane Operator #951223269 ATSSA, Certified Traffic Control Supervisor #00227943 Mr. Portillo has been with WCA since September of 1993. As the Safety Trainer, he is responsible development, implementation and review of in-house training programs utilized for new hire and existing employees. These programs include administering certification training, crew leader training, commercial license, etc. He is also responsible for the Injury and Illness Prevention Program (IIPP), crew safety audits as well as follows up on safety improvement plans if accidents or incidents occur. Mr. Portillo has over IS years experience in the tree care industry. EXH. A.42 TITURNERIJ Professional Registration ISA, Utility Certified Arborists #WE-7655AU ISA, Tree Risk Assessor Ifuali ication landscape maintenance. Mr. Crothers is responsible for field operations and management of crews in North East Los Angeles County. He is also involved in scheduling, evaluating, and producing street tree maintenance. Mr. Crothers has over 10 years of experience in landscape construction and Additionally, Mr. Crothers has been a certified arborist for nearly 7 years. 1 e P t3vf f,, Wtit`fit Emit L as it vj s, Professional Reoistration ISA, Certified Arborist #WE-7552AUM As Site Supervisor, Mr. Padilla is a full-time employee and speaks fluent English. He is responsible for reviewing the day's activities, assisting the Area Manager in scheduling, and insuring proper safety procedures are being followed. As Supervisor, Mr. Padilla is to communicate with city officials and other interested parties on a daily basis. Report and resolve malfunctions, damage, or industrial injury. He assists in employee training programs, maintains records, and files daily reports and receipts. ERE % Atfj�q As the CSR (Customer Service Representative), Ms. Angene is responsi- ble for providing support to the Area Manager, Site Supervisor and crew. The CSR is to act as a liaison between the company and it's clients as well as the general public. The CSR is responsible for responding to Customer Service inquires and facilitating contracting functions, such as: mapping, underground service alert, data entry, field book prepara- tion, list preparation, public relations, errands, etc. S EXH. A.44 -44 EP73 PA M lacLC1FV- 41FI D UIRMA FU EL r-R The California Urban Forests Council's Certified Urban Forester program recognizes, encourages, and enhances the education, experience and professional status of urban forestry professionals, while providing agencies, organizations, and companies that utilize their services a benchmark for identifying qualified professionals. The Certified Urban forester Program grants certification to individuals who meet both educational and professional prerequisites and have complied with the requirements, including passing a required certification examination. Andrew Trotter. Certified Urban Forester #103 CERRED TREE CAME ZWFETY PROFESSIONAL The Tree Care Industry Association (TCIA) accredits tree companies, develops safety and education programs, establishes standards of tree care practice and provides management information for arboricultural firms around the world. Our purpose for having Certified Tree Care Safety Professionals (CTSP) is to improve worker safety by empowering and encouraging the development of a culture of safety. Currently, WCA has the greatest number of CTSP's in the state of California and they are listed as follows: Andrew Trotter CTSP-142 J. Alonso Garcia ETSP-391 J. Manuel Perez MP-575 Michael Pahat ETSP-302 Veronica King ETSP-140 David Cooper CTSP-574 J, Chuck Working CTSP-141 Joe Bartalo CTSP-393 Randy Thompson CTSP-771 Victor Gonzalez CTSP-761 Ernesto Macias CTSP-1115 Jason Pinegar CTSP-250 J. Nick Alago ETSP-259 Rene Portillo CTSP-137 Herminia PaA CTSP-139 Jason Davliin CTSP-570 ,loan Mariez CTSP-143 Robert Thompson MP-755 H. Angel Rincon CTSP-763 Jimmy Russo ETSP-573 Lorenzo Perez CTSP-312 Steve Hunt ETSP-564 The State's Occupational Safety and Health Administration (Cal/OSHA) requires employers of line clearance tree trimmers and aerial lift operators to ensure that their workers have received specific training in accordance with the American National Standard's Institute ZI33.2 guidelines. We have an extensive training program that aids in the continued development of our 60 Utility Line Clearance Tree Workers. A listing of names can be provided upon request. Eric Carlson UAL 133595 Jason Davhn UAL 12607E Kelley GiNeran UAL 125243 Erick Serrano UAL RQ46 Jeffery Williams UAL 125244 Shawn Guzik UAL 105201 The American Traffic Safety Services Association (ATSSA) provides quality roadway safety education and training. Their progressive and innovative approach to training and education has made them the state -recognized leader in traffic control safety. The following employees hold designated certifications: Rene Portillo. Supervisor # 227843 Hermmio Padilla, Technician #22BEIS Romualde Gaeta, Technician #7309 Jason Pinegar, Designer #230727 J. Chuck Working, Technician #229622 Victor Gonzalez, Designer #20II Juan Marquez. Technician #229625 10 EXH. International Society of Arboriculture Arborist Certification provides an educationally challenging program designed to upgrade the knowledge and proficiency levels in the tree care profession. Having an ISA Certified Arborist oversee the project is vital for the quality and craftsmanship of proper urban tree care. Adan Reynaga WE-7796 Gerardo Perez WE-9131 Jorge Magana WE-3460 Michael Palat WE-6541 *UM Al Epperson WE-97198 *U Glenn Whitlock Reeve WE-19177 Jose G Mendez WE-6475 Nicholas Dirks WE-9709 *UM Andrew Trotter WE-9642 *U Gonzalo Regaladn WE-9952 Jose Garcia WE-8794 Patrick Mahoney WE-1172 Austin Godfrey WE-10382 Hector Mantes WE-B079 *U Jose Luis Abalos WE-8734 Randy Thompson WE-1043 Brian Koch WE-0341 Herminio Padilla WE-7552 *M Jose Cortez -Torres WE-8539 *U Rebecca Meiia WE-2355 Calvin Haupt WE-7934 H. Angel Rincon WE-8710 J. Manuel Perez WE-OBIB Reid M. KaNenberg WE-10176 Carus Bracamontes WE-8557 Ignacio Lopez WE-7329 *U Joseph Bartulu WE-2034 *U Rene Portilla WE-2038 *U Cristan Angelo Falco WE-7490 J. Alonso Garcia WE-8499 J. Nick Alago WE-4396 *U Rene Rosales WE-7941 Daniel Chavarria WE-10292 Jaime R. Hernandez WE-5297 Juan Ortiz WE-8514 Richard Mahoney WE-1171 David Cooper WE-04997 James Dalton WE-10049 Juan Ixta WE-10144 Robert Thompson WE-9915 *U Deborah Depasquale WE-3B12 J. Chuck Working WE-1592 Kelley Gilleran WE-70GI Rodney Morgan WE-9546 *U Eleuterio Lira WE-1906 Jason Pinegar WE-2039 *U Kris Burbidge WE-9566 *UM Rose Epperson WE-1945 Sean P. Sullivan lli WE-10050 Eric Carison WE-9837 Jason Davlin WE-762B Leonel Cortez WE-8625 Shawn G WE-3182 *U Erick Serrano WE-6750 Javier Vasquez WE-10278 Lorenzo Perez WE-7443 Steve Hunt WE-1044 Ernesto Macias WE-7126 *UM Jeffrey Williams WE-1109 Manuel Briano WE-0791 Timothy Crothers WE-7655 *U Eugene Barrientos WE-8701 *U Jeffrey Richardson WE-9500 *U Marco P. Jimenez WE-0621 Victor Gonzalez WE-7175 *M Felix Hernandez WE-2037 Jesus Raya WE-3449 Mateo Arvizu WE-1015 Wallace Burch WE-0713 Filandro Menjivar WE-7014*U John Pineda WE-10367 Michael Morris WE-1095 William Ponce WE-6461 rz TREE 0EWI yIE TREE WURF-Rij !/Jenates Pti/ilySpecia/ist 69ignalian "MJenotes Munzcipaldesignatiun The purpose of the ISA Tree Worker Certification is to establish a meaningful standard of skill and work quality, to establish and measure a level of training and knowledge, and to promote safe work practices. In an effort to provide the best possible urban tree care, WCA hires, trains and assigns Certified Tree Workers for our projects. This ensures that a minimum level of training and knowledge for arboriculture has been obtained and that safe work practices and overall safety will be performed. Jose Ahalos 1471E Camerinu Coronel 1297C Jose Jimenez 1676C Jusatat Montoya 183C Daniel Rivas II Jose Aguayo 1050C Jose Caramel 0851E Samuel Jimenez 79M Michael Morris 924BE Joel Rivera I� BeHino Aguilar -Morales W Leonel Cortez 008E Francisco Jimenez 0375E Rene Nunez 041E Adam Rodrigues 0493E Nelson Aguirre 1460C .lose Cortez -Torres I710C Jorge Jimenez UME Gerardo Orduna UIC Jose Rodriguez 1594C Ariel Alonso 0489E Pedro Cuevas Ham Demetria Lira 694C Joel Ortiz UM Andres Raman EUX Jose Alvarez ART Nieves De Paz 988E Elcuterio lira 942EE Juan Ortiz 605E Rene Rosales VA Mateo Arvizu 2014E Jorge Buenas 1002E Affredo Lopez U925C Demetria Bseguera COK Isaias Sanchez Kl7X Miguel Avalas 1896E J. Refugio Escamilla M Armando Lopez r155C Marco Padilla 693C Salustia Sanchez 508E Salvador Av®lar U78C Faustina Espinoza 51OG Austin Lopez Mg Aurelio Paz -Guzman 1191C Enrique Sandoval 1271E Eduardo Avila 0420C Romualdo Gaeta 0368E Francisco Lopez 9997C Juan Pena -Arias 0371E Emigdie Serrano -Perez 1856E Manuel Barragan 1481E Gabriel Gamino 1051E Juan Lopez 931C Celestino Perez EDE Salomon Silva 11858E Martin Barrera 031E Felix Garcia IWZ Sergio Lopez -Rivera = Gerardo Perez 1946C Armando Sato t994C Eugene 8arrientos ME J. Socarro Garcia WE Isaias Macias 565E Jose Juan Perez BN Raul Tapia 1950E Juan Becerra 0637E Pedro Garcia 1221C Miguel Macias 11224C Jose Manuel Perez 0352E Juan Tellez 659 Manuel Briano 1606C Ramon Gomez 1984E Jose Mancilla 999C Lorenzo Perez 70K Robert Thompson 02M Wallace Burch 0329C Ventura Gamez 1190C Juan Marquez 0439C Luis Perez 1996E Julio Vazquez 2037C Jose Canino 1663E Antonio Gradille 0971C Eduardo Martinez 587C Rene Portillo 0579C Jose Vega 964C Manuel Candelaria 0577C Raymundo Gutierrez 1074C Joel Martinez 1447E Francisco Ramirez 1109E Marco Vergara W65C Eligio Cardoso 1070E Fausto Guzman 016E Hugo Mendoza-Berantes 1956C Earlas Ramos 295C Fancisco Villanueva 552C Agustin Carrillo 1097E Felix Hernandez 0424E Filandro Menjivar 1075E Gonzalo Regalado J495E Cesaria Wenceslao sltC Ranuffo Castaneda 1923E Pedro Hernandez 653C Santo Menjivar 1007E Aden Reynaga 0435E JefferyWillams 0437C Antonio Castellanos 0491E Steve Hunt 0475C Hector Mantes 1496E Marcos Richard-Martiniez t661C J Charles Working 0647E dumberto chavarria 999C Carlos Ixta 1052E Jesus Mantes 0583C H. Angel Rincan 0614C Jaime Zamora Jr. 1919C EXH. A.46 A single violation of the Migratory Bird Treaties Act of 1918 (MBTA,16 U.S.C. 703-711) carries with it a $1,000 fine or 6 months in jail. The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part ID, including feathers, or other parts, nests, eggs, or products except as allowed by implementing regulations (50 C.F.R. Part 21). In addition, Sections 3505, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit taking, possessing, or destroying birds, their nests or eggs. Disturbances that cause nest abandonment and/or loss of reproductive effort (e.g. killing or abandonment of eggs or young) may be considered taking and are potentially punishable by fines and/or imprisonment. The Endangered Species Act also protects listed animals; it is unusual to encounter listed species in urban setting. Avoiding violation of the taking provision generally requires that the project -related disturbances of active nests and territories be reduced or eliminated during the nesting cycle. A typical birdnesting cycle can begin in Spring and end in early Summer. WCA will make every attempt to protect all birds (including Migratory Birds), animals, and nests within trees. Listed below are steps to follow: STANDARD PRUNING 1. Before commencing work, a visual inspection of the entire tree will be performed. Crews will check for any sign of birds nesting within the tree and for other wildlife nearby. 2. Should there be any sign of bird nesting or other wildlife within or near a tree, the Foreman will further check to SEE if it is an active or inactive nest. 3. If the nest is inactive, the crew will prune the tree around the nest location without disturbing its shelter and protection from weather elements and potential predators. The Foreman will notify the City's Inspector about the existing nest. 4. If the nest is active, the Foreman will attempt to prune the tree around the nest location without disturbing its shelter and protection from weather elements and potential predators. If this cannot be done, the Foreman will notify his Area Manager, Customer Service Representative and the City's Inspector. A request far further direction will be made to the Inspector. N "DINS' A BIRD DIP HEST 1. If you find a young bird that has been displaced from its nest and appears to be healthy, carefully place the bird back in its nest. 2. If the entire nest has fallen, try to place it back where it came from. If you cannot reach the nest, leave the bird where you found it so that its mother can take care of it. If the bird is in an unsafe location (on the street or sidewalk) place it in a safer location, close enough so that its mother can still find it. 3. If you find a bird that is need of assistance, place it in a clean cardboard box lined with either a clean towel or paper towels. Be sure to place air holes in the box before you place the bird inside. 4. Do not attempt to feed the bird and do not force it to drink. 5. Contact your Customer Service Representative who will in turn contact the nearest wildlife rehabilitation facility, or the State of California Department of Fish and Game as soon as possible. David Caaper CWP 538 Rene Portilla CWP 567 Randy Thompson CWP 581 Michael Palat CWP 575 Jimmy Russo CWP 579 Andrew Trotter CWP 533 17 EXH. r �;J"Rr1I° � 'II WIWI I - Y, j�`j�l��'j���#'� BENEFITS • Ease of Use • Database View • Tree Detail Form • Searching Database • Track Order Management • Map View • Compatibility Upgrades ARBORACCESS ONLINE ArborAccess Online is an Internet driven program that was developed by tree care professionals at West Coast Arborists and was based on the tree maintenance needs of our customers. The user-friendly program allows customers to store, retrieve, update, delete and add tree records and work histories. The information contained in ArborAccess Online is live data that can also be linked directly to a GIS program, such as ArCVIEw, for geo-coding purposes and can assist your City in meeting GAS034 requirements, The information management possibilities for data integration are endless for urban forestry management programs that use similar management methods and resources. COMPUTER SOFTWARE SPECIFICATIONS The software program organizes your tree inventory and provides an interface that is easy to use and understand. By utilizing ArborAccess Online and incorporating tree maintenance, the tree inventory is automatically updated with each billing cycle. This process eliminates the hassle of dual inputting by the Association and WCA. There are several features that can be generated to assist you with ordering and tracking work, resident requests, maintenance scheduling, and budget projections. In addition, ArborAccess Online provides an unlimited resource of information on your Association's urban forest. SOFTWARE TRAINING Our IT Department is based out of our corporate office in Anaheim, CA. Local satellite offices are located through- out the state of California in: Stockton. San Jose, Fresno, Ventura, Riverside, and San Diego. Each office has the ability to provide software training to customers. We are available to provide training sessions on -site at the customer`s discretion. On -site training is proven to be effective as it provides a guided hands-on experience. We also offer periodic customer workshops for larger groups who can also earn International Society of Arboriculture continuing education credits (CEU's) for Certified Arborists and Tree Workers. Additionally, unlimited telephone and or email technical support is available to answer questions and aid Association staff in the use of the software System. The success of any urban forest program depends on the proper management of information. Software training and support is included in the cost associated with the inventory data collection. BILLING West Coast Arborists has a state-of-the-art invoicing system that is updated on a daily basis. Progress billings will be submitted to the Association on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job. Each billing will include a listing of completed work by address, tree species, work performed and appropriate data acceptable to the Association. This information will be supplied in hardcopy and immediately accessible on ArborAccess Online. Job balances reflecting the percent of completion for each job can be viewed on ArborAccess Online. 2 EXH. A.48 LIST TRACKING SYSTEM The list Tracking Report is a useful tool in the management of incoming work. This report allows us to track specific jobs as they are ordered by the Association. Proper use of this system enables the Association and WCA to track the completion of work that is ordered. Also, projected work schedules and trim cycles may be calculated on real time by reviewing how long the project took in the past. SAMPLE MANAGEMENT TOOLS: DETAILED TREE SITE CHARACTERISTICS The state-of-the-art technology provides a valuable tool to urban forestry professionals by displaying tree site specifics along with a representative photograph of the species type and a recommended maintenance field. ArborAccess' built-in quality control features assist in data accuracy. As maintenance is performed, the work history is automatically updated via downloads that accompany bi-weekly invoices. This process assists the Association in elimination of dual -inputting and helps keep the tree inventory current. p;h ma=e de`.ads ho& ^'a and, 3 r9 r _aris4 �'mt WCA Work History Date Work Type Amoun: Job# Species (if removed) 14 Da-_ ACCURATE MAINTENANCE RECORDS Accurate maintenance records for each location can assist the Association with liability claims. Providing a detailed history of the maintenance performed at each location can display the effort the Association puts forth in maintaining its urban forest. By linking the tree maintenance to the tree inventory it eliminates the task of having to go through the data entry process because the records are updated concurrently with each billing cycle. In order to maintain accurate maintenance records, it is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed. 14 EXH. A.49 ACCURATE MAINTENANCE RECORDS Accurate maintenance records for each location can assist the Association with liability claims. Providing a detailed history of the maintenance performed at each location can display the effort the Association puts forth in maintaining its urban forest. By linking the tree maintenance to the tree inventory it eliminates the task of having to go through the data entry process because the records are updated concurrently with each billing cycle. In order to maintain accurate maintenance records, it is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed. REPORTING FEATURES Several types of reports can be generated within ArborAccess, depending on the type of information needed. Some report samples are: ■ Inventory • Height Frequency ■ Work Summary • District Frequency ■ View Invoices ■ Species Frequency (shown he6w) ■ Job Balance • Work Type by District Frequency • Greenwaste • All Trees at an Address ■ Work History • Estimated Tree Value ■ DOH Frequency The Species Frequency Report can assist your City in identifying the tree population within the urban forest. This type of information is valuable in the event of an insect infestation, deadly disease, or even estimating future maintenance costs. In addition, an analysis can be performed to evaluate the history of the performance of a particular species within your Association. Species Frequency fitJC.3Fsi, al Nat11£ t Y 0.55'ra t1.E2 5.94z> pMU-�"�' L 5, 6G', L3.96 3.38°r9 a Froxtnus o.yc G 'F aa=+cad 11 62 F.huc iancea 10.33 � IacaranGa mimos:ial:a 10.55 � a+agnoha prar_iRou _ Ec uhin�a btataena _.i4 :.eF hatremen ccnknu_ A ]E Cu FancFsu a._ac.r :., tac ai_ 'u ahmgccma robuae 3.56 6thar 25.61 is r. fii�1���1��"WA Yr �rJS rl\l��' . P"i TRET jiIVEi rriRI Agoura Hills Anaheim Anaheim Resort Hotel District Artesia Azusa Bellflower Beverly Hills Brentwood Buena Park Calabasas California Villas HOA Palm Desert Camarillo Carlsbad Carpentaria Catalina Island Company Claremont Claremont Unified School District Coronado Costa Mesa Covina Culver City Dana Point Diamond Bar Dublin El Cajon Emeryville Encinitas Fillmore Fontana Goleta Highland Imperial Beach Indio Irwindale La Mirada Laguna Hills Lakewood Los Angeles Convention Center Madera Menlo Park Mission Viejo Morgan Hill Newport Beach Ontario Padre Dam MWD (Santee Lakes) Paramount Placentia Pleasanton Port of Lang Beach Poway Rancho Mirage Redlands Redondo Beach Riverside Rolling Hills Estates EXH. A.50 Rosemead Rossmoor San Dimas San Fernando San Gabriel San Juan Capistrano San Ramon Santa Barbara Santa Maria Santa Monica Santee Seal Beach Solana Beach Spectrum Property Services (Ventura) Temecula Tempe, Arizona Torrance Tracy Tulare County Tustin Upland Ventura Vista Walnut Westminster Yorba Linda Assessment Alhambra La Verne Pomona Azusa Unified School District lawndale Rancho Palos Verdes Azusa Water 6 Power Leisure Village Camarillo Rialto Brea Lomita Santa Fe Springs Cerritos Manhattan Beach Santa Paula Chino Hills Maywood Soledad Commerce Montclair Temple City Downey Monterey Vernon ElSegundo Monterey Park West Covina Fountain Valley Moorpark West Covina Unified School District Glendale Norco Whittier Hollister Norwalk Yorba Linda Parks Inglewood Ojai La Puente Pico Rivera Ily EXH. A.51 As a full -service tree maintenance company WCA is qualified and prepared to provide the most effective and efficient means of the tree care services. All work performed will adhere to industry ISA and ANSI standards. Descriptions of some of the most common services are provided below. The results of using this pro -active tree maintenance strategy are long term reduced costs, increased public safety, content residents, and an increased value of an essential City asset. Prior to commencement of work, WCA will post door hangers informing residents of the work that is to be performed. These notices will be delivered within the time specified by the City. The objectives of tree pruning are: • Reduce the risk of failure • Provide clearance • Reduce shade and wind resistance • Maintain health • Influence flower or fruit production • Improve a view • Improve aesthetics We can assist the City with updating or establishing grids for a long-term pruning program. Maintenance should be performed throughout the entire fiscal year on a consistent basis. Regardless of the amount of a community's tree management budget, systematic tree maintenance reduces costs in the long term. Improved Public Relations: Citizens can be informed in advance when their trees are scheduled for service. This is a pro -active approach to manage the community's urban forest. Equal Service: Every citizen receives service whether requested or not. Maintenance is not dependent on a formal request or individual. This helps reduce the need for "emergency" or "service request" pruning, and can prevent liability problems (such as dead or weak branches). 17 EXH. A.52 Preventive Maintenance: All city trees receive routine maintenance: problems are corrected before they reach crisis levels. Improved Health: Grid/area pruning improves the health of the tree population through routinely pruning weakened or pest infested branches and developing sound and vigorously growing crowns. Maintain a Capital Asset: The urban forest is one of the Cities most valuable and overlooked capital assets. By investing in the systematic maintenance concept the City is maintaining its overall and real financial value to the community. Reduced liability: Die to the efficiency of grid trimming, all trees are services in a timely manner reducing liability exposure. Efficient Record Keeping: The Foreman is able to update tree characteristic information on trees that our crew maintains in the City over the trim cycle period. Records are maintained for current status and retuned to the City for their files. In addition to providing complete pruning operations, our highly trained staff will also perform clearance pruning services, which consist of removing branches to provide a fourteen (14) foot clearance from the top of the curb when practical, or as specified by the City. This operation also involves clearing limbs or branches away from wires, fights, building, and/or traffic signal devices. Also, we will remove all trunk sprouts and suckers and clear limbs to provide for pedestrian travel. All work will be performed in accordance with I.S.A. Standards, ANSA A300 Standards and City specifications. An on -going trimming program provides safety when it come to tree and utility lines. Trees that interfere or have the probability of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified by the City in accordance with the California Public Utilities Commission. In addition to abiding by the clearance specifications set forth in General Order 95, utility line clearance pruning will be performed to protect the current health and condition of the tree and to maintain its symmetry. Limbs overhanging primary conductors will be removed, and natural pruning techniques that utilize the least number of cuts will be made to direct growth away from the utility lines. We support the City's belief that proper pruning and care during the early stages of the tree's life will save money in the future, and create a safer, more beautiful, healthy, easy -to -maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized Small Tree Care Team consists of certified personnel trained to perform the following: 113 EXH. A.53 • Selective structural pruning • Removal of dead, interfering, split and/or broken limbs • Pre -conditioning the water retention basin built around the tree • Staking or re -staking • Adjusting tree ties • Adjusting trunk protectors • Weed abatement As the trees we plant mature, it is apparent that the trees and adjacent parkways will require certain maintenance needs. Therefore WCA will work with City staff to establish a Small Tree Care Maintenance Program to address the tree and parkway maintenance requirements on an individual basis. Each tree is inspected to determine specific needs and maintenance activities are then performed accordingly. ;4 Palm tree skinning consists of the removal of dead frond bases (only), at the point they make contact with the trunk without damage to the live trunk tissue. Removals will be completed per monthly lists compiled and submitted by the City or on an "as needed" basis after the trees have been marked. With a minimum of forty-eight hours. advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage. Immediately following the removal, the stump will be ground down in accordance with ANSI ZI33 Standards. We strongly recommend against any root pruning, however, should you want to proceed, we recommend that it should not be done any closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled and debris will be hauled away. We can replace trees that have been removed and plant new trees in accordance with City specifications. Trees will be planted by lists compiled and submitted monthly or on an "as -needed" basis. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting in the City. We have the capability to send notices via U.S. Mail informing residents of the work that is to be performed if requested by the City. These notices can include a photo of the new tree that is to be planted or the residents may view the specie at www.WCAINC.com. At a minimum of forty-eight hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. 19 EXH. A.54 Once the City approves the trees to be planted, we will plant in accordance with ISA Standards, ANSI A390 Standards and City specifications. A well -trained planting team will perform the soil preparation and installation of the tree. ; 1- 9'ArRiffil Tree watering will be performed by a full-time, WCA team member on various routes, and young trees when requested by the City. This team will also be responsible for reporting special care needs to the Small Tree Care Team, This could include reporting weeds, soil that has settled, and/or staking and tying needs. INEMZJL West Coast Arborists has an Area Manager on call 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB- DOWN (866-546-2369). This number will be provided to the City, Police Department and Fire Department. We will be prepared for emergency calls on a 7-day, 24-hour basis. Our emergency response team will do what is necessary to render the hazardous tree or tree - related condition safe until the following workday. There are many services that we provide to agencies that don't necessarily involve tree maintenance. Because of our commitment to customer satisfaction and our vast amount of resources, which includes specialty equipment, and qualified personnel, WCA responds to various miscellaneous requests. Some examples of these services are flag hanging, holiday light installation, changing ballpark lights, and miscellaneous use of our aerial towers and cranes. These types of services are performed on a crew rental basis, which consists of any number of men with necessary equipment. Special tree trimming projects are also performed under an hourly crew rental. Holiday lighting project in the City of Mission Viejo w� :r i ;;e ti•t Should the City encounter projects that may require specialty equipment, we have the ability to dispatch one of our Hi -Ranger aerial towers with a reach of 95 feet and/or one of our high -capacity cranes with a reach of more than 100 feet. We also have a number of roll -off boxes, trucks and loaders for special projects requiring hauling of debris. The need for special reporting is increasing. We have a full-time Consulting Arburist on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case -by -case basis. Due to the large amount of information we process, we have a full-time Data Entry department that is capable of taking on extra projects. Projects of this nature include inputting of work history performed by City crews or conversion of data to assimilate into ArborAccess. 20 EXH. A.55 West Coast Arborists includes with its comprehensive tree maintenance program a well defined quality control plan that incorporates certified personnel assigned to this project, safety, pruning specifications and guidelines, equipment, hours of operation, public relations, traffic control, work descriptions and communication systems. We believe in following this plan to help ensure the quality of work and the level of service expected. The Project Area Manager for this contract will be Tim Crothers, ISA Certified Arborist WE-7655AU. Mr. Crothers' will provide exclusive field supervision and crew management to the City for the length of the contract. He will be the central point of contact with the City and will work cooperatively with City staff, local residents and business owners. Our Project Area Managers have successfully worked with several cities and established a familiarity with the community and logistics of each City respectively. Daily Supervision Daily supervision will consist of, but is not limited to: • Report to the City Inspector with location of crew and maintain an open line of communication • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of coned area • Insure City streets are left free of any debris at end of each work day • Maintain record of work completed each day • Maintain good public relations at all times • Immediate notification to City Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Supervision Weekly supervision will consist of, but is not limited to: • Weekly inspection of work completed • Meeting with the City to review work schedule and progress • Insure standards of pruning are performed in accordance with specifications provided by the City • Maintain open rr qun with City inspector and field crew .: N EXH. A.56 r WCA is a professional organization and employs only the highest standard of tree care professionals . All employees will comply with any applicable laws of the State, County. City and/or political subdivision of such state without limitations while under contract • WCA does not discriminate against employees or applicants because of race, color, religion, sex, pregnancy, national origin, ancestry, age, marital status, or physical handicap . Equal opportunity will be extended to all persons in all aspects of the employer -employee relationship, including but not limited to hiring, transfer, promotion, training, compensation, layoff, recall or termination • Employment decisions comply with all applicable laws prohibiting discrimination and comply with Title VII of the Civil Rights Act of 1992 and all federal, state and municipal laws pertaining thereto Any employee who is found to be incompetent, troublesome, disorderly or otherwise objectionable, or who fails or refuse to perform work properly and acceptable, will immediately be removed from working on this project Ht"A DIF W-UAND j All regular tree care will be performed between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. In accordance with the City's specifications, we are prepared to perform work during the weekend and evenings. With our large number of employees, we are able to create special weekend teams and night teams that are accustomed to performing during those shifts. Oftentimes these special shifts help to alleviate traffic and pedestrian congestion that may otherwise occur during normal business hours. The project shall conform to the City's schedule of performance. We recommend equal distribution of work throughout the course of the fiscal year. West Coast Arborists, Inc. will notify the City of any changes in the start date of each tree maintenance operation at least 24 hours in advance, weather permitting. Our company tracks lists according to work type and prioritizes accordingly. West Coast Arborists, Inc. will provide door hangers that explain the tree maintenance process (acceptable to the City) and distribute the notifications to citizens prior to the start of pruning operations in said area. Work shall be conducted in a cooperative manner as to cause the least amount of possible interference with or annoyance to others. Service request pruning is done on an "as needed" basis and is performed to rectify and immediate problem, a full trim will be completed during the grid pruning cycle. The Area Manager is responsible for scheduling the work, a detailed workflow process is shown on the following page, outlining how work is processed and scheduled 22 EXH. A.57 When work is ordered from WCA we follow standard procedures for each. Shown below are flowcharts for pruning, removals and planting: GRID PRUNING RDWCURT CSR prepares work CSR gives work Work request received —*order S orders tree from --* order to Area Manager --0' Work order is given from Customer to schedule work 6 to Foreman Nursery Manager inform the City Crew performs work 6 Foreman completes the hangs tree care door ----*work order 8 inventory 8--► CSR dates off Ecl�ses --� Billing Dept. processes work order E prepares invoice hanger turns in 73 pf T411—IT11 T f°j,j14ATIfi , Prior to commencement of grid pruning, WCA will prepare a sample door hanger notice and present it to City staff for approval. Upon approval, we will have the pruning door hangers printed and post them within twenty- four (24) hours prior to the commencement of work, or as directed by the City. Tree planting door hangers will be hung after the tree has been planted. When requiring a response pertaining to tree planting, we will send a letter along with a return postcard to the resident and respectfully request their input. The City should notify WCA if they would like a mailer sent. We will print all notices (and photos for tree planting operations) and distribute them to the residents utilizing a mail addressing software program. Each notice will be sent utilizing City letterhead and envelopes. For special projects and/or routine maintenance, we can also submit a press release to the community newspaper for a more comprehensive outreach. We understand the City may modify the procedure to which to notify residents. C MiMI JUAVN Z11]11!J-11M • WCA uses a technologically modern and reliable communications system • NEXTEL® Digital Radio/Blackberry® email and Internet issued to Area Managers and management team • NEXTEL® Digital Radio issued to Foremen for maintaining communication with the City and WCA office • Unlimited access to voicemail message boxes that immediately page the NEXTEL® Digital Phone Systems Another recent achievement that affects job performance and efficiency includes WCA`s introduction of Sprint's HTC EVD View 413 TahletTl that will be used by all of Management and the Field Foremen for the purpose of inputting data such as tree inventory, daily work records, timesheets, photos, and billing information. It will also be used as a navigational device and a communication device. This alleviates the need to handwrite all data, reduces time required to deliver data to the corporate or regional offices, and improves customer service and response time. EXH. A.58 NoTzcE The City has awarded the pruning of porkway trees to West Coast Arborists, tnc, a private ^, contractor- WCA -Ili be pruning trees in from of your property wishin the next couple of days. Between the hours of 7:00 arm and 5-.00 pm there wilt be No Parking signs posted due to rise danger of falling Limbs. Please do not park on f. the street until after she trees have b6— ptvned and the area cleaned. A¢dltienally, due to the haxord of falling limbs, we ask Own you dear your front yard of curs, furrsttwe and other vat. uables during the pruning operation. The tree operations we being performed by skilled ' pnmting crews certif'sed by the htensatiorwl So- ciety of Arboricuh re, uncles City supervlst and is part of the City's continuing progrom to provide thC best possible service to its residents. Your cooperation in this effort is very smxh op- �'' precioted.. if you have ony questions, please L contact your Local WCA offke. 24 EXH. A.59 WCA will procure a City Business License and any "no -fee" permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the City. All work will be performed in the public right-of-way. Employees will not utilize private property for eating, coffee breaks or any other reason or use water or electricity from such property without prior written permission of owner. WCA will give right to operate within the project area to the City workers and contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations. Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air contaminants in quantities that violate the regulations of any legally constituted authority. PROTEECTO OF PUBLIC AND WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least possible interference or annoyance to the public. PUBLIC ° MENJEN IE AND `,vJA EE­ f ad WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the City. All work will cease by 5:90 pm or as directed by the City. Emergency services will be excluded from these time restraints. TRAFFIC (111filfffflut Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H.) and State of California Manual of Traffic Controls as well as the City Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) Will be used when needed. Prior to use, the City will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress. 75 As we work with or near the public, WCA is mindful that we Will most likely be the first person the public contacts. We have seven (7) full-time Customer Service Representatives throughout our operation. Each is trained in the best approach in addressing concerned residents. When speaking with a resident it is important not to disrupt them, be honest, respectful and calm. Always smile and keep the tone of your voice level. Empathizing with the residents (placing yourself in their shoes) helps to resolve the matter more quickly. Should there be any property damage, we adhere to specific procedures to resolve the problem. The Foreman on the job site will notify the resident and the Inspector immediately. EXH. A.60 West Coast Mborists' Claims Coordinator Complaints and Damaue Resolution If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in the same condition as before we entered it. West Coast Arborists, Inc. will notify the City Representative immediately upon damage of personal property including plans for corrective measures to take place within 48 hours. All WCA vehicles are equipped with an Accident Kit should anything happen during the work day. Each kit has an Incident Report, an Accident Report, an Injury Report, a camera, First Aid instructions and protocol for contacting the corporate office. A computerized log of all incidents is maintained to include the date, time of occurrence, location, problem and action to be taken pursuant thereto or reasoning for non -action. West Coast Arborists' Accident Kit that Is in each company vehicle 11'piiT SE11}P� Any activities found by the City to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (74) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair. We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner. 26 EXH. A.61 West Coast Arborists, Inc. will perform all tree maintenance in accordance with the Standards adopted by the American National Standard for Tree Care Operations (ANSI A300) and the Best Management Practices, a supplement from the International Society of Arboriculture Pruning Standards. Final pruni leaving stubs. Cuts w promote fast callous ig cut will be made without II be made in a manner to growth. Representative photographs depicting "before and after" trimming 9 are included in this proposal. West Coast Arborists, Inc. will clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawn and parkway and the sweeping of streets. All resulting debris will be removed from the work site daily and properly disposed of at the end of each work day. WCA crews in action at our stata's Capitol Man Benefits of proper tree pruning include reduced risk of branch and stem breakage, better clearance for vehicles and pedestrians, improved health and appearance, enhanced view, increased flowering. When improperly performed, pruning can harm the tree's health, stability, and appearance. Several consequences occur when pruning is not performed at all. These consequences include development of low limbs; weak, co -dominant stems: defects such as included bark; and accumulation of dead branches. Formation of co -dominant stems and defects such as included bark can lead to increased risk of breakage. No tree should be pruned without first establishing clearly defined objectives. Seven main objectives are described, along with pruning types that help meet those objectives. These objectives serve as examples and can be expanded or shortened to meet site conditions and customer expectations. Even with proper pruning cuts, if the wrong branches -or too many branches -are removed, nothing of merit has been accomplished. A to 1*10 raft ol 00 -... Objectives of pruning: • Reduce risk of failure • Provide clearance • Reduce shade and wind resistance • Maintain health • Influence flower or fruit production • Improve a view • Improve aesthetics TREE PRUNING Nine pruning types are used in arboriculture to achieve the t objective of the tree's owner or manager. Pruning types include "y structural, cleaning, thinning, raisin reducing, restoring, and [ ; . g. g, g, g. g, pollarding. Pruning palms and conifers and pruning for utility line clearance are other types of pruning. 27 EXH. A.62 S"_'MHLY 81 3 (r U-39) The management of solid waste has become a major issue in California and throughout the country. Not only are we producing an increasing amount of solid waste each year, but we are running out of places to put it, Because of the concern about water and air pollution associated with landfills, the opportunities to develop additional disposal capacity are limited. To address these issues, the Governor of California signed into law on September 29,1989, Assembly Bill 939 (AB 939). The law fundamentally restructured the state's approach to solid waste management. AB 939 established an integrated waste management hierarchy in the following order of importance: ■ Source reduction • Recycling and composting • Environmentally safe transformation and land disposal of solid wastes AB 939 requires that each California county and incorporated city prepare a Source Reduction and Recycling Elements (SRRE) report which shows how they will meet solid waste diversion goals of 50 percent by the year 2090 and beyond. West Coast Arborists, Inc., offers a multitude of waste diversion opportunities to cities including mulch, compost, firewood and logs to lumber. In an effort to provide cities with valued information pursuant to AB 939 requirements, we provide immediate reporting capabilities through ArborAccess at no additional cost. fCity of San Diego Green Waste Recycling Report From 1/i/2012 to i/31/2012 Date )oh at Truck Recycling Site Material Weight in Tons 01/04/12 20589 D37 CITY OF SAN DIEGO CHIP 1.00 01/05/12 20589 037 CITY OF SAN DIEGO CHIP 1.00 01/06/12 19714 D37 CITY OF SAN DIEGO CHIP 1.00 01/09/12 19714 D37 CITY OF SAN DIEGO CHIP 2.00 01/09/12 20572 D106 CITY OF SAN DIEGO CHIP 3.50 01/10/12 19714 D37 CITY OF SAN DIEGO CHIP 1.00 01/10112 20572 D106 OTAY LANDFILL PALM 1.01 01/10/12 2D613 D36 CITY OF SAN DIEGO CHIP 5.00 01/10/12 20613 D36 OTAY LANDFILL PALM 0.85 01/11/12 19714 D37 CITY OF SAN DIEGO CHIP 2.00 01/11/12 20572 D106 CITY OF SAN DIEGO CHIP 4.00 C1/IZ!12 19714 D37 CITY OF SAN DIEGO CHIP 1.00 01/12/12 20615 D36 CITY OF SAN DIEGO CHIP 5.00 01/1.3/12 19714 037 CITY OF SAN DIEGO CHIP 1.00 O1/13/12 20170 D106 INLAND PACIFIC RESOURCE LEGS 5.00 RECOVERY, INC 01/13/12 20615 036 CITY OF SAN DIEGO CHIP 4.30 01/16/12 20863 D37 SYCAMORE LANDFILL PALM 0.72 01/18/12 20614 D36 CITY OF SAN DIEGO CHIP 5.00 28 EXH. Rt' '.YTE tiflTj VRTU'Gly M WCA's commitment to be a socially responsible corporate partner to our customers and communities is exemplified in our Recycling Program. With the steadily -increasing concern for the ecological health of our communities, WCA has embarked on a landfill diversion process where all material is taken to recycling facilities where it is used in the production of soil amendments. We are committed to taking all recyclable materials removed from the trees trimmed for the duration of this project to a recycling center for processing. Verification of amounts recycled will be obtained and reported by WCA via ArborAccess for the purpose of meeting the goals of the State for reducing landfill usage. RECYCLED PRODUCTS: MULCH Mulch is made from coarse ground branches and leaves. It should be spread on the ground at a rate of six to twelve inches for best effect. Fresh mulch will deplete nitrogen from the surface of the soil which will reduce unwanted weeds. Once the mulch has decayed, it returns nitrogen which helps build the quality of soil for plants. A large amount of tree debris is processed by WCA and used in large scale mulching projects for establishing native plants in open space areas. COMPOST FIREWOOD LOGS TO LUMBER Lompost is made tram tine ground branches, leaves or other organic material. When mixed with oxygen and water, the organic material will decay or "compost." A finished compost is excellent for turning into the top layer of soil and will add nitrogen and increase the water holding capacity of soil. You can make compost at home in a pile in your yard or in a bin that you make or purchase. large scale composting is done at regional recycling facilities. Firewood is traditionally the most common use of large branches and logs. Firewood is used to heat homes during winter months. WCA takes logs to a yard in Irvine where a firewood retailer splits and resells the firewood to local residents. Currently WCA is looking for new and better ideas for the use of tree logs. An old idea with a new approach is converting city trees into usable lumber. WCA worked on a twelve month trial program with the California Department of Forestry and Fire Protection to create an environmentally sound and socially responsible alternative to importing lumber from other areas, reducing our demand on trees from natural forests. WCA has demonstrated its wood, hand -crafting ability by Offering sturdy and beautiful wooden benches for city use, exemplifying our commitment to the environment. 79 )' fT ju T'Tiflt] EXH. A.64 Our modern fleet consists of over 700 vehicles that undergo daily inspection by each driver. All equipment is kept serviced and free of graffiti at all times and is painted and detailed on a regular basis. We have a credit line of $2 million dollars for the acquisition of new equipment. WCA's policy is that all employees hold a valid, insurable Driver's License. We are enrolled in the DMV's Employee Pull Notice Program which provides us with a means of promoting driver safety through ongoing review of the driving records of commercial drivers. Our company has been assigned CHP Carrier Number EA68562 in the California Highway Patrol's Management Information System of Terminal Evaluation Records (MISTER), which is an automated file pertaining to the motor carriers Operating in the State of California. MISTER gives the CHP immediate access to emergency information about our company and enhances the CHP's capability to monitor the overall safety operations of our company" EQUIPMENT MAINTENANCE FACILITY We have a state-of-the-art full service Maintenance Department at our corporate headquarters • WCA has 32 full-time mechanics on staff, 6 saw mechanics and a full-time Preventive Maintenance Manager • 90-day detailed inspections are performed by the WCA Maintenance Department Aerial lift safety inspections occur annually CHIP BIENNIAL INSPECTION OF TERMINALS CERTIFICATION We have successfully been awarded the CHP Biennial Inspection Award of Recognition for the fourth inspection in a row. This inspection has assisted our company in instituting several safety programs, as well as our Preventative Maintenance Program utilized by our in-house fleet department. The inspection reviews our vehicle maintenance and repair records, our procedural methods and policies for vehicle maintenance and operations. This certification ensures that our vehicles operate safely. (Pf F 1W.M1!1k.1"I"Kal e, 1f h—V � � Certificate of Achievement NEST COAST ARBORISTS, INC. E1iY VIA WffOK CT 1 tm,sMks 6.,bbew,v YdK" �. I.d f ��, r� 1 31 EXH. A.66 Through our ability to dedicate specific pieces of equipment for this project, we believe it will lead to a successful program. In addition to aerial lift devices, dump trucks, flatbed trucks and roil off containers, we will also have additional equipment for use throughout the project such as cranes, loaders, and special aerial lift devices for higher elevated trees. Specific vehicles and equipment that could be dedicated to the City of Glendale are listed below Year/Make Model Plate # Vin # Serial # 1999 VERMEER SE752 STUMP GRINDER SE518503 IVRN151UGXIDO0400 2000 GMC C6500 CHIPPER TRUCK GC67054 113OJ705YJ512483 I996 FORD F700 CHIPPER TRUCK 5F36041 IFONF70JBTVA15238 1995 FORO F700 CHIPPER TRUCK 5BD88OG IFONF70J4SVA40539 2006 DODGE RAM 2500 SLT PICKUP 7ZB1956 30702604613I80520 2OD4 VERMEER BE1400 BRUSH CHIPPER SE543459 IVRUt614741001505 1991 CATERPILLAR 910E WHEEL LOADER SE480078 IYK01076 2005 VERMEER BE1400XL BRUSH CHIPPER SE548587 IVRU1614151002019 2001 GMC C6500 CHIPPER TRUCK 79433NI I130J7HIEG1J513009 20O2 WANED SOLAR ARROWBOARO SE518598 5FIISI01321000051 LSAC3900 2905 VERMEER BCIBDDXL BRUSH CHIPPER SEG17810 IVRY13126510OD794 2905 VERMEER BCIBDOXL BRUSH CHIPPER SE577096 IVRY131ZISIO09752 - 2DO2 SOLARTECH SOLAR ARROWBOARD SE576739 4GMIA091221519246 519246 2004 DODGE RAM 1509 SLT PICKUP 8HE410B 107HAIGN94JI90041 - 1996 FORD F7O0 W/HI-RANGER 5FB-55 5E73426 IFDNF7DJ9TVA14763 129519756 1996 FORD F7DD W/HI-RANGER 5FB-55 5H97567 IFUNF79JGVVA10334 69920072 2005 DODGE RAM 2500 PICKUP 8T2231B 3D702607513751495 - 2005 VERMEER SCII02A STUMP GRINDER SE556120 IVRN1513X6lOD2D43 - 1999 GMC C6500 W/HI-RANGER 5FB-55 BA13717 IGDJGHID3XJ510359 1990207743 2000 GMC C6500 W/HI-RANGER 5FB-55 SH13610 IGDJ7HIOXYJ512489 2000111135 1999 DODGE RAM 2500 PICKUP 5Y30688 3B7KC26Z9XM537569 - 1995 FORD F700 W/HI-RANGER 5FB-55 7547891 IFUNF70JBSVA31214 ID9419270 33 EXH. A.67 NAOCOA 34 EXH. A.68 35 Tilley Crane Inspection Service Co., Inc. CERTIFICATE OF COMPLETION TO: West Coast Arborists 2200 EVia Burton Street Anaheim, CA 92806-1221 BE IT HEREBY KNOWN THAT: On January 24 2014 Tilley Crane Inspection Service Co., Inc. completed a. Dielectric Testof 69 KVDC on the following unit Teco Aerial Device Model No V55IP4TFE2 Serial No 82100007 Owner s Identification A-255 This unit passed at 001 microamperes David S Tilley. Inspector %G EXH. A.70 Tilley Crane Inspection Service Co., Inc. TAPE Or ANES IF(;RNiF. ('ir..R.PfCK.S ., r Rf`r1,T„T;tN FERIA[ �F �F> CERTIFICATE OF COMPLETION TO: West Coast Arborists 2200 E. Via Burton Street Anaheim, CA 92806-1221 BE IT HEREBY KNOWN THAT: On June 3, 2014, Tilley Crane Inspection Service Co., Inc. completed a Dielectric Test of 69 KVDC on the following unit HI Range, Aerial Device Model No 5FI55PBI Serial No 059318763 Owner's Identification A-28 1 his unit passed at 005 microamperes David S Tilley Inspector CA 33 PO Box 1129. Vorba Linda, CA 92895-1129 j714) 970 136 Fax ?14t 970 1312 F mail tdfeyerane yahnc com Additional certifications for fleet vehicles are available upon request. 37 STATE 0CA IWRNtA DEF'Aie-, W, f:T CF CAi.tFURNs H•r —Ar GAF CA This reoW Cont--wis CONFIDEN171AL pages. Wes: Coast Arborists, Inc i 68562 EXH. A.71 Pages of 670 i 01 2200 E Via Burton St Anaheim, CA 92806 1(714) 991-1900 10/30/14 11gPiER REPAESENTAT'.irg TLE 3TldL IN fF�E JUT aA—_- Jimmy Russo-----^-��Shap Manager ftiS?FCTScN LOCA 1104 ,`0rFrEA T4" nrE C.ARiER S PR +iCtaA:.. PACE OF E:1"_WIFSSi 'v s ✓.�T 4t 0ER .____ ?Mf: EAiEA9ER —_. 1 1829579 t On this date, the above named motor carrier was inspected by the California Highway Patrol. The inspection evaluated the carrier's compliance with the following requirements: 0 CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROGRAM VC 34520 8 49 CFR 3821 OTHER REMAWS Carrier is in compliance with the Controlled Substances & Alcohol Testing Program pursuant to CVC 34520 & 49 CFR 382. Carrier administers their own Controlled Substances & Alcohol Testing Program Carrier uses Sunrise Health Centers primarily for testing purposes. Carrier is rated SATISFACTORY Asa result of the inspection noted above, this carrier was assigned a compliance rating of SATISFACTORY This rating applies only to carrier requirements - Terminals are rated separately RATWG H4STORr � _-- K MRR Or RECOADS lWffMER OF sus -Else GATE Ci+.P rOY7 -- tKSPECTED ViOLAtt�J4s IissuED iCCa.Lvk No 1 UR 2 S 3 S 4� i 16l�: Rlltn � None 10/2016 —_ — ---t-- --- - -- -- +- — i4sPECTEv er fkAUEi � rct kWAeER �r�rtRrtR cullPE E. Trias [A12798 I E,:'Truck &r, i f _ MOTOR CARRIER CERTIFICATION _ I hereby certify that afl viatat+ons reca€ded hereon acid on the attached pages 2 through mil be conecteo in accoroance wdh applicable provisions of the Ca Vorrna Vehicle Code Arid the Cavomis Code of Regulations t understand that I may request a review of an unsahstactory rating by confacting Me Border Division Motor Carrier Safety Un4 Supervisor at (858) 650-3655 within 5 calendar days of the rating. CASk?€R RE PRF:.E!T0.i iu sPRt4TED kA.LLE J--- —_ lTt?!£ --- 'v',SRtcEwf �v3tl±fA Eu^5'At£ Jimmy Russo Shop Manager j C6958262 CA -,.-F i:icR F:EF�,jr.Nihi.9(Z'� Sffi+lAt.kt: ::k1'xkEN f.AWti£R RetTWO SATISFACTORY ;0130/14 =--r "- ate - 38 EXH. A.72 West Coast Arborists understands the challenge that many cities face to reduce the cost of tree maintenance services, while increasing the level of performance. Utilizing our services as a valuable, cost-effective resource, cities are able to provide better services to their community. These contracts cover a range of services from providing emergency response to maintaining the City's entire urban forest. City 84, NorwA silica 1997 WCA performs various tree maintenance services for the City. The City is currently on a 3 year maintenance cycle which includes major arterials, residential areas, parks, and -_ facilities. WCA maintains all tree maintenance records in ArborACCBSs. Emergency response is also provided. 4e 61 Budget: $260,000 ontact: Gary DiCorpo, Director of Public Services Address: 127DD Norwalk Blvd., Norwalk, CA 90650 :Phone: (562) 929-5527 Email: gdicporpoYci.norwalk.ca.us Ury of whruier Eric ICA performs various tree maintenance services for the City. Based on the work performed, WCA maintains work records for 22,623 city -owned tree sites including rkway, parks, facilities. The City of Whittier is currently on a 5 year grid trim maintenance cycle. Emergency response is also provided. Annual Budget: WORD Contact: Mike Montoya, Park Supervisor Address: 13230 Penn St., Whittier, CA 90607 Phone: (562) 464-3375 Email: mmontoyagwhittierch.org f r 10— wNtOr a punier i. J - YOU WCA currently performs the City's line clearance. The line clearance program is currently on an annual cycle. During December 2011 WCA assisted the City during the severe wind damage the City experienced. Support included clean-up and removals. Annual Budget: WOOD Contact: Charito Decastro, Electrical Engineering Associate ,y Address: 800 Air Way, Glendale, CA 91201 'A` Phnne- (RIRI 94R-2RU Email: cdecastrnici.glendale.ca.us 39 city of 'temple MY EXH. A.73 Tree pruning is performed by district for the Public Works Dept. There are over 21,000 mty-owned trees including parks, and the golf course. The city is currently on a four year Maintenance cycle. Alhambra was recently a recipient of a CalFire planting grant: WCA assisted the City with the planting event on Valley Blvd. and Fremont Ave. Budget: $ 350,000 t, Mary Chavez, Director of Public Works s: III South First St., Alhambra, CA 91801 (626) 308-4881 mchavezicityofalhambra.org %'iflca 2EI92 WCA performs tree maintenance in several areas including blocks, medians, trails, facilities and parks. The ficus trees are on an annual maintenance cycle. WCA assisted the City in developing a Master Plan for the urban forest. The City recently experienced damage during the 2011 wind storm, WCA assisted the City by offering emergency response. The GPS inventory was updated in 2012 to reflect the circumstantial changes cted by the storm damage. al Budget: $ 175,000 act: Cathy Burroughs, Director of Parks 6 Recreation ess: 9701 Las Tunas, Temple City, CA 91780 one: (626) 285-2171 ... [mail: cburroughSitemplecity.us MJ EXH. A.74 West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the Specifications, budget, schedule and with the highest quality of service. Our customers' satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest. • In business continuously and actively since 1972 • Contractor's License C619 C27 • Over $2,000,000 line of credit available • Bonded by CBIC, an A+ rated company • Approximately SOD employees • Over 75 Certified Arborists • Over 125 Certified Treeworkers • Over 240 contracts with public agencies ■ Prune an average of 500,000 trees annually over past 3 years ■ Remove an average of ROOD trees annually over past 3 years ■ Plant an average of 14,000 trees annually over past 3 years ■ Inventory an average of 250,000 trees annually over past 3 years • Drug -free workplace • Award winning staff • 14,000 sq. ft. Headquarters located in Anaheim, company -owned • Nursery license through the Department of Agriculture • Fully insured with insurance up to $5 million • Federal Tax ID #95-3250682, current on all taxes and filings with state and federal government • Sales volume over $65 million annually • Retained earnings of over $7 million • Fleet of approximately 700 modern vehicles - over 200 aerial towers - over 125 dump/chipper trucks - over 30 roll off trucks • Active member - International Society of Arboriculture (ISA) - Maintenance Superintendents Association (MSA) - California landscape Contractors Association (CLCA) - Tree Care Industry Association (TCIA) listed below are key statistics regarding our operations. - Street Tree Seminar (STS) 41 f','b ?j t -0 State Of California �.--.---CONTRACTORS STATE LICENSE BOARD 9k. ACTIVE LICENSE 366764 -fmt, CORP WEST COAST ARBORISTS INC C61/D49 C27 Eqm,AmIDAB 12/31/2016 www.cslb.ca.gov EXH. A.75 42 EXH. A. EVIDENCE OF VA'S Certificate of Insurance MIS -F.R ITPCAlT IS ISSITr) AS A MA T"FF•R OF FN1411 tATFUN "M Y A*l i'U14F�'E.RS NO RIGHTS UK)N YOU THE. c'.42TFE:(: aTF: I"[ilLDT— 2 THIS (TRTTfTCATF 1S NOT AN INSLRANCF. ;a';1.t4'}' AND DOS h( f AM - "), EX'i1�:ND, UR ALT7- , 7Ti[? .(' vI R.AC) AF'FZ)RUFI] 11 TF{F P01.1('iF4 l lsll'l; nFLObi'. !'C)LIC: Y MMII� ARE NO L ESS 111AN THOSE. AS11,13. AI,1'[1000Ii INAACIE MAY iN --L'DF AI)UI'1lUNAl. Si,;I31If�4TI7LlhifrS ;:(.)T l.1S'IP.0 BELOW. This is to Certify that r WEST COAST ARBORISTS, INC ANA EAST VIA BUR2806 NAME AND Lij_ e Mutual. ANAHEIM CA 92806 ADDRESS (� OF INSURED — -- INSURANCE �-at the issue Bete nt thia certiiicatt, i�urcd b� the C'omlr�nY under she p�Lryi ies) 14stu!—trlJ�u the inr.urasce �Hixdtd by the liated p>Iw} tics) u sulge<[ u� all rhea terrru, exclusi�m and Clmditinrs and n not ,h&md by am rmniremrnc term nr cona;tion of am cmvan ra rnher document wtth respect in which thK mnincate may k i_R� A EXP DATE TYPE OF POLICY ❑ Conrr[rr toes ❑ Ek'7"c"IDFIJ POLICY NUMBER LIMIT OF LIABILITY ®FNJ[.]CY IE M WORKERS COMPENSATION STATUTORY 7!1/2015 WA7-66D-039499-074 `CATFLAOF AFFORDED UNDER WC 1'.AW' OF "11IF. F� ii 1 0WIN'O STAIFS CA,NV,AZ EMPLOYE RS LLABILITY &)dilY Inlay by Acc deM Bodily Injury By Disease 1 000 000 ifnd h• Irgtn By Disease 1 COMMERCIAL GENERAL LIABILITY 7J4/2015 TB2-661-039499-014 al. p�egate $2,000,000 [ O et RRExcC:. ❑ i:'t..4IM5 i1•\I)E Products , C,mpleted Op —imp,% Aggregate $2 000 000 Ee<1i Chcurtenet $1 OOo 000 Rr:-1720 D.4'iti Penrmal & .Anmiina 1n1vr $1,d0Q,QQQ Pa Petaoa • Cr.>�tttution FIRE DAMAGES $100,000 MEDICAL PAYMENTS $5,000 AUTOMOBILE LIABILITY 7)1/2015 AS7-661-039499-034 Ha<hA«idtnt---singltumit $2,000,000 B.I And P D. Combined Fa<h Person Fach A—&wz'ra Occurrence NON-OWNEI) �❑ y •- • HIRED Ficll ACCN1ent M c%e<na:em:t OTHER 711/2014-711l2015 TH7-661-039499-044 $5.MD,000 PER OCCURRENCE/AGGRFGATF Umbrella Excess Liability ADDITIONAL COMMENTS S the <enS ate expiration date c—dmunua er extetided term, rou will bt-iificd 0 c--gt is terminstai or reduced be — the cerrticate e,pvation date NOTICE OF CANCELLATIOS.lIOT APFIIC.Ah LI 411:8 NU\t ER OF, DAYS IS EATERLD[iEU W.} SER)RF Ti[E STATED F, PYIRA"ION D' All T11F OMPAAI W LI, IKOT CAN` pl. OR RRAX Tl.rzi LabKua Y Mutl INSURANCE St .kUf:l) t:Nlll]2 '!H1 AN.WE fk--IAC'IL:S LT I. A"I-LLASI` 30 DAYS N6110E Insurance Group OF SL!CH C A'NC'I-L.L1,1PIN HAS BFEN .W ILFD 1'0 Evidence Only �iC15t.LNt..fJ L[ L.F3J�.l 2200 E Via Burton Elaine Ulan $ Anaheim CA 92806 Los Angeles 10603 > IHt)RIZI:U RG>FRIssFn, rA11vL•: b = 818 W 7th Street, Suite 850 0564406 Los Angeles CA 90017 213-624-1171 6125/2014 OF'FFCE PHONE DATE ISSUED This certificate is executed by LFBERTY MUTUAT, INSURANCE. GROUP as respects h-twh insurance as is afforded by those Compatues NiVI 772 07-10 JT s- :L ^i " LDI COI 268896 02 11 _ .,. 1i y,. _..-. :.., i•C =1'S a �. 43 FRESNO, CA 5424 N. Barcus St. Fresno, CA 93722 LAS VEGAS, NV 270 Commerce Park Ct. North Las Vegas, NV 89032 MESA, AZ B25 W. Southern Ave., Ste. E Mesa, AZ 85210 RIVERSIDE, CA 21718 Walnut Ave. ANAHEIM (CORPORATE HEADQUARTERS) 2200 E. Via Burton Anaheim, CA 92BOB SAN DIEGO, CA 8524 Commerce Avenue, Suite B San Diego, CA 92121 SAN JOSE, CA 390 Martin Ave. Santa Clara, CA 9505D STOCKTON, CA 43E W. Scotts Ave. Stockton, CA 95203 VENTURA, CA 11405 Nardo St. EXH. A.78 GENERAL CONDITIONS ARTICLE 1 PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings: A. Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and Contractor for; a change in the terms or conditions of the Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time. B. Change Order Request (COR). A Change Order Request is a written document originated by the Contractor, which describes an instruction issued by the City after the effective date of the Contract, which Contractor believes to be a scope change that may result in changes to the Contract Sum or Contract Time or, which describes the need for or desirability of a change in the Work proposed by Contractor. C. City or Owner. The City of Glendale, California, acting through its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. D. Contract Documents. The Contract Documents consist of the documents enumerated as such in the Agreement between City and Contractor, all Addenda issued prior to and all Modifications issued after the effective date of the Agreement. E. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents, F. Contract Time. The work schedule as approved by the Deputy Director of Public Works - Maintenance Services at the beginning of the Contract. G. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom the Contract is made by said City, or the agent or legal representative who may be appointed to represent such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the Contract as general contractor for construction of the work. H. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. I. Day. The terms "day" or "days" mean calendar days unless otherwise specifically designated in the Contract Documents. The term "Work Day' or "Working Day' shall mean any calendar day except Saturdays, Sundays and City -recognized legal holidays. J. Deputy Director of Public Works — Maintenance Services. The Deputy Director of Public Works Maintenance Services or his/her designee shall be the lead project manager for the City and the City Representative. GC- 1 EXH. A.79 K. Director. The Director of Public Works or his/her duly appointed representative including but not limited to the Deputy Director of Public Works - Maintenance Services. L. Extra Work. Work required to be performed by Contractor that is not described in, or reasonably inferable from, the Contract Documents, the performance of which requires the expenditure by Contractor of additional and unforeseen costs. M. Field Directive. A Field Directive is a unilateral written order prepared and signed by the City directing the Contractor to perform a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, Contract Time, or both, N. Force Majeure. "Force Majeure" includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. 0. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the Date of Commencement for the Work. P. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. Q. Proposal. Contractor's written bid proposal submitted to City for the Work in response to the Notice Inviting Proposals. R. Proposer. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a proposal on these Contract Documents or any part thereof. S. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. U. Unilateral Change Order. A Unilateral Change Order is an unilateral written order prepared and signed by the City, directing Contractor to perform a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. V. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent, Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. GC- 2 EXH. A.80 C. The Deputy Director of Public Works - Maintenance Services or their designee shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work and shall decide all questions which may arise as to the interpretation of the specifications and plans, and all questions as to the performance of the contract by the Contractor, including compensation, His decisions shall be final, and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails promptly to perform. The Contractor shall secure approval by the Deputy Director of Public Works - Maintenance Services or their designee of any construction details not shown in detail on the plans. 1.03 PERMITS, LICENSES AND UTILITIES If needed, the Contractor shall apply for and obtain all applicable permits required by other Federal, State and County agencies as well as the City of Glendale. All permits and licenses shall be obtained by and at the expense of the Contractor and/or subcontractors, permit fees payable to the City of Glendale shall be waived. The Contractor shall enforce the permit requirements. 1.04 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 1.05 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director reasonable means by which the City may obtain such information as he/she may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine its costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data, 1.06 ANNUAL MAINTENANCE CALENDAR The Contractor shall, within thirty (30) days or the Effective Date of this agreement, prepare and submit a written annual maintenance calendar to the Deputy Director of Public Works - Maintenance Services. This maintenance calendar shall clearly indicate all of the major maintenance tasks required by this agreement and the month of the year they are scheduled to be performed, If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Deputy Director of Public Works - Maintenance Services for approval prior to the date the changes are to take effect. 1.07 Omit, 1.08 PRECEDENCE OF CONTRACT DOCUMENTS. A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: Permits issued by regulatory agencies required for the Work. GC- 3 EXH. A.81 Modifications issued after execution of the Contract (including modifications to Plans and Specifications) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda. 4. Supplementary Provisions, if any. 5. Specifications 6. Notice Inviting Proposals, Instructions to Proposers and Proposer's Proposal 1.09 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. 1.10 REPORTS A. Daily Reports. Contractor shall maintain a daily report for each day containing a record of weather, Contractor's own forces working on site, Subcontractors working on the site, the number of workers for each Subcontractor on site, materials delivered, Work accomplished, problems encountered and other similar relevant data as the City may reasonably require. The daily report shall be signed by Contractor's Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. B. Weekly Reports. The Contractor shall complete a weekly maintenance report indicating work performed and submit said completed weekly report to the Deputy Director of Public Works - Maintenance Services. This report shall include the amount of reclaimed water used each week in gallons. This report should also contain a description, including man-hours, equipment, and material breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. 1.11 CHARACTER OF WORKERS If any person employed by the Contractor shall appear to the Deputy Director of Public Works - Maintenance Services or his/her designee to be incompetent or to act in a disorderly or improper manner, said person shall be discharged from working on this contract and such person shall not be employed again on the work. 1.12 WORKMANSHIP AND SUPERVISION GC- 4 EXH. A.82 The Contractor shall provide a work force sufficient to complete the work as it is specified. Work shall be performed by competent and experienced workers. Tree pruning and tree maintenance shall be performed by workers skilled and experienced with this process. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. The CONTRACTOR shall have work crews on site that are represented by a supervisor who is able to receive and carry out instructions as given by Deputy Director of Public Works - Maintenance Services(s). All personnel working at the outlined areas shall be of good character, neat appearance, and in appropriate dress as approved by the Director or his representative. All personnel shall wear identification badges or patches. 1.13 Omit, 1.14 CONTRACTOR'S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Glendale, the staging area must be enclosed at Contractor's expense with construction fencing covered with a mesh screen to limit visibility to the site. Approval of the Neighborhood Services Department is required to ensure that private properties with code enforcement problems are not used. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] GC- 5 EXH. A.83 ARTICLE 2 PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK - GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligation under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 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; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. 2.04 Omit. 2.05 COMMUNICATIONS REGARDING THE WORK NOTICES AND COMMUNICATIONS A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: City of Glendale Maintenance Services Division Deputy Director 541 W. Chevy Chase Drive Glendale, California 91204 Attention: Dan Hardgrove Phone: 818 548-3950 Facsimile: 818 547-0637 B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery, Notwithstanding the foregoing, GC- 6 EXH. A.84 notices sent by telefax after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all other notices received after 5:00 p.m. shall be deemed received on the first business day following delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors, consultants and, attorneys. JOB SUPERINTENDENT. The Contractor shall keep on its work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Deputy Director of Public Works - Maintenance Services or their designee. The superintendent shall not be changed except with the consent of the Deputy Director of Public Works - Maintenance Services or their designee, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. 2.06 INDEPENDENT CONTRACTOR The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not as an agent, employee, partner, or joint venture of the City. 2.07 EMERGENCY WORK A. During Working Hours: In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work, B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter, Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work, If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract, GC- 7 EXH. A.85 2.08 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. Each subcontractor shall provide for its annulment at the order of the Director, if, in his/her opinion, the subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to his/her Work. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any subcontractor and the City. C. The Contractor shall be considered the employer of and as fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them as he/she is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be, responsible for the coordination of the trades, subcontractors, and material suppliers engaged upon his/her Work. It shall be his/her duty to see that all of his/her subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. The City will not undertake to settle differences between the Contractor and his/her subcontractors or between subcontractors. F. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.09 Omit. 2,10 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents, The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.11 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor's sole expense. 2.12 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the proper owners or authorities. All damages and losses incurred shall be paid by the Contractor. GC- 8 EXH. A.86 2.13 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss: Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. B, Materials and Facilities: The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance, and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor's expense. C. Laws and Regulations: The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall forthwith report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations, If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall promptly notify the Director. GC- 9 EXH. A.87 If such applicable law requirement was not in effect on the date of submission of proposals, any necessary adjustment of the Contract price shall be made as provided in Article 6 (changes clause) of the General Conditions. If such applicable law requirement was in effect on said date of proposal submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.14 GUARANTEE OF WORK A. The Contractor guarantees all materials and workmanship against defects for a period of one year, unless a longer period of time is noted otherwise, from the date of Final Acceptance of all Work performed under the Contract, The date of Final Acceptance will be established and confirmed in writing by the Director, B. The Contractor assumes responsibility for said one-year guarantee, unless noted otherwise, for all Work and materials provided or performed by subcontractors, manufacturers, or suppliers. C. Within a period of one year, unless noted otherwise, after Final Acceptance of the Work the Contractor hereby agrees that if any portion of the Work installed, constructed, or performed fails to fulfill any of the requirements of the Contract, he/she will, without delay and with the least practicable inconvenience and without further cost to the City, repair or replace defective or otherwise unsatisfactory Work or materials, D. Should the Contractor fail to act promptly in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before the Contractor can be notified or can respond to notification, the City may at its option make the necessary repairs or replacements, or perform the necessary Work, and the Contractor shall pay to the City the actual cost of such repairs plus 15 percent, or City may charge such costs to the Contractor's retention. E. The Contractor shall be responsible for the full expense incidental to making good any and all of the above guarantees and Contracts. 2.15 SAFETY AND SANITATION. The contractor shall take every possible step to insure the safety of City employees and members of the public during the course of the work. Unsafe conditions will result in an immediate shut down of the job upon order of the Deputy Director of Public Works - Maintenance Services, their designee or the City of Glendale Safety Administrator until such time as the condition is corrected to the satisfaction of the Deputy Director of Public Works — Maintenance Services or their designee causing the shut down. Any time lost due to a shut down for unsafe conditions will not entitle the Contractor to any extension of time. Additionally, the City will not be liable for any expenses incurred by the contractor as a result of a shut down for unsafe conditions. The Contractor shall keep and maintain all work areas in a sanitary condition. All such areas shall be kept free of all hazardous material, garbage, construction debris etc. Work site will be swept clean and rubbish removed daily. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to insure compliance. The Contractor shall do all of the following: GC-10 EXH. A.88 A. Maintain the Site free of waste materials, debris, and rubbish. Maintain Site in a clean and orderly condition and Remove waste materials, debris and rubbish from site and dispose off -site legally. Contractor shall maintain at its disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. In addition, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzles as directed by the Director to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's operation, For purposes of this Section, the affected areas includes the Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. The Contractor shall not proceed with Work until affected areas are clean to the satisfaction of the Director. D The Contractor shall take appropriate action to insure that no dust originates from the project site. E. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL — Omit. 2.18 SOLID WASTE DISPOSAL AND DIVERSION — Omit, 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to support the City in recycling efforts, It is City policy that all City Divisions and Sections shall utilize recycled, reusable, and recyclable products to the maximum extent practicable. Preference will be given to recycled, reusable and recyclable products, over non -recycled, non -reusable and non -recyclable products, fitness and quality being equal, whenever available at no more than the total cost of non -recycled, non -reusable and non -recyclable products. Contractors are encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. All Contractors that provide goods, supplies, or equipment to the City that contain recycled material shall provide in writing to the Director the following information: The minimum, if not the exact, percentage of recycled material, both post consumer waste and/or secondary waste, in the goods, supplies, or equipment; and 2. The quantity and total dollar amount of the goods, supplies or equipment provided to the City with recycled material content. [END OF ARTICLE] GC-11 EXH. A.89 ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed, The Contractor shall commence Work on the Date of Commencement as set forth in the Notice to Proceed. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within Fourteen (14) calendar days following issuance of the Notice to Proceed ("Contract Time"). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. D. Temporary Suspension Of Work The Deputy Director of Public Works - Maintenance Services or his/her designee shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary; (a) due to unsuitable weather, operational conditions or other such conditions, or (b) due to failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract, The Contractor shall immediately comply with the written order of the Deputy Director of Public Works - Maintenance Services or their designee to suspend the work wholly or in part. The work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Deputy Director of Public Works - Maintenance Services or their designee. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. GC-12 EXH. A.90 3.03 SUBSTANTIAL COMPLETION — Omit. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. — J. — Omit. 3.05 CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. If the Contractor believes that Work should be suspended under this Section 3.05, he/she may request such suspension. C, - D Omit. 3.06 COMPLETION AND ACCEPTANCE — Omit. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of $100.00 (One Hundred Dollars) per day, with respect to Contractor's failure to maintain the established work schedule without prior approval of the Deputy Director of Public Works - Maintenance Services will result in damages being sustained by the City which damages cannot be readily determined. For each consecutive calendar day in which the work schedule is not adhered to, the Contractor shall pay to the City, or at the City's discretion, have withheld from monies due it, the sum of One Hundred Dollars ($100.00) unless otherwise provided in the Special Conditions. The work schedule will be approved by the Deputy Director of Public Works - Maintenance Services at the beginning of the contract. Omit. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City's damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. Omit. 3.08 Omit. (END OF ARTICLE] GC-13 EXH. A.91 ARTICLE 4 CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE — Omit. 4.02 MAINTENANCE SCHEDULE AND RECORD KEEPING, A. The Contractor shall keep accurate records concerning all of his employees or agents and provide the City with names, addresses, and telephone numbers of employees to be called in emergency. The Contractor shall be complete a weekly maintenance report indicating work performed and submit this completed report weekly to the Deputy Director of Public Works - Maintenance Services or his representative. This report shall include the amount of reclaimed water used each week in gallons. This report should also contain a description, including worker -hours, equipment, and material breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. C. The Contractor shall, within thirty (30) days or the effective date of this agreement, prepare and submit a written annual maintenance calendar to the Deputy Director of Public Works - Maintenance Services. This maintenance calendar shall clearly indicate all of the major maintenance tasks required by this agreement and the month of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Deputy Director of Public Works - Maintenance Services for approval prior to the date the changes are to take effect. 4.03 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule 4.04 Omit, 4.05 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the weekly maintenance report is a condition precedent to City's obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold payment for noncompliance with this section shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. [END OF ARTICLE] GC-14 EXH. A.92 ARTICLE 5 DEFAULT, REMEDIES, AND TERMINATION 15.01. Default. Default under this Agreement occurs upon any one or more of the following events: A. Contractor refuses or fails— whether partially, fully, temporarily, or otherwise— to: Provide or maintain enough properly trained personnel, or licensed personnel, or both, to perform the Services that this Agreement requires; 2. Pay for, obtain, maintain, or renew the insurance policies or coverages that this Agreement requires; 3. Comply with indemnification, defense, or hold harmless provisions that this Agreement requires; or B. Contractor, or its personnel, or both— whether partially, fully, temporarily, or otherwise: Disregards or violates a law, ordinance, rule, procedure, regulation, directive, or order; 2. Refuses or fails to pay for, obtain, maintain, or renew requisite licenses; 3. Refuses or fails to observe, perform, or fulfill a covenant, condition, obligation, term, or provision of this Agreement; 4. Commits an unlawful, false, fraudulent, dishonest, deceptive, or dangerous act while performing the Services under this Agreement; or C. Contractor: Or another party for or on behalf of Contractor: institutes proceedings under any bankruptcy, reorganization, receivership or other insolvency; or assigns or transfers assets to its creditors; 2. Delegates— whether in whole, in part, temporarily, or otherwise— its duties or obligations under this Agreement, without notifying City, or without City's written authorization; 3. Assigns, transfers, pledges, hypothecates, grants, or encumbers— whether in whole, in part, temporarily, or otherwise— this Agreement or any interest in it, without notifying City, or without City's written authorization; 4. Or one of its partners, directors, officers, or general managers, or a person who exercises managerial authority on Contractor's behalf, is convicted under state or federal law, during this Agreement's Term, of embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, receiving stolen property, or other offense indicating a lack of business integrity or business honesty; or D. Any other justifiable cause or reason, as reasonably determined by the City Manager, or a designee. GC-15 EXH. A.93 15.02 Notice of Default. If CITY deems that Contractor is in Default, or that Contractor has failed in any other respect to satisfactorily perform the Services specified in this Agreement, CITY may give written notice to Contractor specifying the Default(s) that Contractor shall remedy within _ten (10) days after receiving the notice. The Notice of Default will set forth one or more bases for any dissatisfaction and may suggest corrective measures. 15.03 Remedies upon Default. Within ten (10) days after receiving CITY's Notice of Default, if Contractor refuses or fails to remedy the Default(s), or if Contractor does not commence steps to remedy the Default(s) to CITY's reasonable satisfaction, CITY may exercise any one or more of the following remedies: A. CITY may, in whole or in part and for any length of time, immediately suspend this Agreement until such time as Contractor has corrected the Default; CITY may provide for the Services either through its own forces or from another Contractor, and may withhold any money due (or may become owing to) Contractor for a task related to the claimed Default; C. CITY may withhold all moneys, or a sum of money, due Contractor under this Agreement, which in CITY's sole determination, are sufficient to secure Contractor's performance of its duties and obligations under this Agreement; D. CITY may immediately terminate the Agreement; E. CITY may exercise any legal remedy, or equitable remedy, or both, including, but not limited to, filing and action in court: Seeking Contractor's specific performance of all or any part of this Agreement; or Recovering damages for Contractor's Default, breach, or violation of this Agreement; or CITY may pursue any other available, lawful right, remedy, or action. 15.04 Termination for Convenience. Independent of the remedies provided in Paragraph 13.3, CITY may elect to terminate this Agreement at any time upon ten (10) days' prior written notice. Upon termination, Contractor shall receive compensation only for that work which Contractor had satisfactorily completed to the termination date. CITY shall not pay Contractor for de -mobilization, takedown, disengagement, wind -down, or other costs incurred arising out of this Agreement's termination, [END OF ARTICLE] GC-16 ARTICLE 6 CHANGES 6.01 ALTERATIONS AND CHANGES EXH. A.94 A. The City shall have the right to make such alterations, eliminations, and additions in the work herein contemplated or require such extra work as it shall find necessary in order to best accomplish the object and purpose thereof, and the same shall in no way affect or make void the contract, nor release the surety or sureties on any bond or bonds given to insure the performance thereof to protect laborers or material, men, and the cost thereof shall be deducted from or added to the contract price as the case may be. All such changes in the Work shall be authorized by Change Order or Unilateral Change Order and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. The Deputy Director of Public Works - Maintenance Services shall have authority to order changes, increasing or decreasing the scope of the work called for herein consistent with the purposes thereof. No changes shall be made, except on the written order thereof the Deputy Director of Public Works - Maintenance Services first being obtained, Unless such order is first obtained, the Contractor shall not be entitled to payment for changes. The City shall be entitled to a proportionate price reduction from the contract price for any changes reducing the cost of the work whether or not such order is first obtained. C. When changes in the work are ordered by the Deputy Director of Public Works - Maintenance Services, the Contractor shall furnish all labor, tools, material and equipment that may be necessary for the performance and completion thereof, and shall immediately proceed to perform or make the same. For such changes the Contractor shall receive compensation based upon the unit price, if any, quoted in the Contractor's proposal or upon prices previously agreed upon in writing. D. Minor changes not involving an increase or decrease in the contract price may be agreed to between the Deputy Director of Public Works - Maintenance Services and Contractor without written authorization. 6.02 Omit. 6.03 NO ESTOPPEL Changes in the Work shall be performed under applicable provisions of the Contract Documents, The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Unilateral Change Order, It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Unilateral Change Order. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Unilateral Change Order. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. GC-17 EXH. A.95 6.04 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in the scope of work to the Director if, in the Contractor's opinion, any instruction, request, drawing, specification, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.05 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Section 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order, By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.06 CHANGE ORDER PRICING A. Alternative Methods of Pricing The amount of any adjustment by Change Order increasing or decreasing the Contract Sum shall be determined, in the sole discretion of City, using one or a combination of the following methods; 1, Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs and Allowable Markups and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices, By unit prices contained in Contractor's original Proposal and incorporated in Contract Documents or fixed by subsequent agreement between City and Contractor. Unless GC-18 EXH. A.96 otherwise stated in the Proposal Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups, 3. Time and Materials. In the case of Extra Work only, by calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Markups on such Allowable Costs, B. Time and Materials Documentation Without limitation to any other provisions of the Contract Documents, Contractor's right to reimbursement of Allowable Costs incurred for Extra Work involved in the performance of a scope change on a time and materials basis pursuant to Section 6.06-A.3, above shall be conditioned on Contractor's compliance with the following conditions: Labor. At the close of each week on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. 2. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. 3. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 4. Subsequent Documentation. Documentation not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 5. Authentication. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non -authenticated ticket or invoice. C. Allowable Costs The term "Allowable Costs" shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct GC-19 EXH. A.97 performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: Labor. Straight -time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs, 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight -time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. 3. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Section 5.04-C.3 above. 5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published Rental Rate Blue Book for Construction Equipment or the Rental Rate Blue Book for Older Construction Equipment as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work (the "Blue Book'). Contractor shall attach a copy of the rate schedule to the daily reports required by Section 6.06-8, above, The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Section 6.06-E below, no mark up shall be allowed for overhead, profit or bond premiums for use of GC-20 EXH. A.98 equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non -Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties, Permits. Additional or saved costs of royalties and permits due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1 %) of Items 1 through 6 above, D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non - craft labor (above a Foreman level); 2. Overhead, administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On -site and off -site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Section 6.05-C. GC-21 EXH. A.99 E. Allowable Mark-ups. If the Net Cost of Extra Work is less than or equal to $25,000, the Allowable Mark -Up shall be computed as follows: (a) For Extra Work performed directly by the Contractor's forces, the added cost for all expenses, overhead, profit, bond and insurance shall not exceed fifteen percent (15%) of the net cost of the Extra Work, (b) For Extra Work performed by a subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of both the Contractor and all subcontractor(s) shall not exceed twenty (20%) of the net cost of all subcontractor(s)'s Extra Work 2. If the net cost of Extra Work is greater than $25,000 and less than or equal to $100,000, the Allowable Mark-up shall be computed as follows: (a) For Extra Work performed directly by the Contractor's forces the added cost for all expenses, overhead, profit, bond and insurance shall not exceed twelve (12%) of the net cost of the Extra Work. (b) For Extra Work performed by a subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of both the Contractor and all subcontractor(s) shall not exceed seventeen (17%) of the net cost of all subcontractor(s)'s Extra Work 3. If the net cost of Extra Work is greater than $100,000, the Allowable Mark-up shall be computed as follows: 6.07 Omit. 6.08 Omit. (a) For Extra Work performed directly by the Contractors forces the added cost for all expenses, overhead, profit, bond and insurance shall not exceed ten percent (10%) of the net cost of the Extra Work (b) For Extra Work performed by a subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of both the Contractor and all subcontractor(s) shall not exceed fifteen (15%) of the net cost of all subcontractor(s)'s Extra Work Net Allowable Costs If any one scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. [END OF ARTICLE) GC-22 ARTICLE 7 CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL i EXH. A.100 r A. Payment will be made at the price for each item listed on the proposal forms or as Extra Work as provided in the General Conditions, B. Omit. C. Omit. 7.02 Omit. 7.03 Omit. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments 1. Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. B. Payments by City 1. City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Omit. 7.05 Omit. GC-23 EXH. A.101 7.06 Omit. 7.07 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. B. Omit. C. Omit. D. Omit. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.08 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner, City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.09 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims, Third -party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices; GC-24 EXH. A.102 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty. Any claim or penalty asserted against City by virtue of Contractor's failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws); 7. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; & Consultant Services, Additional professional, consultant or inspection services required due to Contractor's failure to comply with the Contract Documents. 9. Liquidated Damages. Liquidated damages assessed against Contractor 10. Materials. Materials ordered by City pursuant to the Contract Documents. 11. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City. 12. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreement. 13. Other Breach. A breach of any obligation or provision of the Contract Documents, B. Release of Withholding If and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them. C. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. GC-25 EXH. A.103 7.10 Omit. 7.11 CLAIMS A. Arising of Claim. Scope of Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a Scope Change which has not yet become final, a "claim" will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor's Change Order Request, B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 4. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the 'following form: "I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry, true and accurate." C. Response to Claims, Meet and Confer 1. Director will respond to Claims and meet and confer with Contractor if deemed necessary by Director. 2. Finality of Decision If Contractor disputes the Director's decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director's response. [END OF ARTICLE] GC-26 ARTICLE 8 MATERIALS AND EQUIPMENT 8.01 GENERAL EXH. A.104 A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. Omit, 8.02 Omit. 8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Contract documents the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 Omit. 8.05 Omit. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. 8.07 Omit. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, GC-27 EXH. A105 equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] GC-28 ARTICLE 9 INSPECTIONS, TEST SUBMITTALS AND SAMPLES 9.01 GENERAL EXH. A.106 A. INSPECTIONS AND TESTS. The Deputy Director of Public Works - Maintenance Services shall at all times have the right to inspect the work and materials in the course of manufacture or assembly and make such tests from time to time as he may deem advisable. The Contractor shall keep the Deputy Director of Public Works - Maintenance Services informed as to the progress of the work and give him/her ample notice, in advance, of appropriate times for inspections and tests and shall furnish him/her with reasonable facilities for such inspections and tests and for obtaining such information as he/she may desire respecting the work and the character of the materials used. B. SUBMITTALS AND SAMPLES. Samples of materials or articles shall be submitted for tests or examination and consideration before incorporation of same is started. Contractor shall be solely responsible for delays due to samples not being submitted in time to allow for proper time to make tests. C. Materials furnished must be equal to approved samples in every respect. Samples which are of value after testing will remain the property of the Contractor. Materials or work required or necessary to be tested shall be tested under the supervision of, as directed by, and at such points, as may be convenient to the Deputy Director of Public Works - Maintenance Services. All costs for tests other than those specified to be paid for by the Contractor, shall be borne by the City. The costs of all tests made on materials failing to meet the requirements of the Specifications shall be reimbursed to the City by the Contractor as a credit under an appropriate Change Order, unless the said materials had been approved by the Deputy Director of Public Works - Maintenance Services or their designee for use in the work. D. The fact that materials or equipment are passed by the Deputy Director of Public Works - Maintenance Services shall not relieve the Contractor of responsibility in case of later development of flaws or imperfections. 9.02 Omit. 9.03 Omit. 9.04 Omit. 9.05 Omit. 9.06 Omit, 9.07 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents, Any Contractor proposed substitutions are subject to the Director's approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. GC-29 EXH. A.107 B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the effective date of the agreement, Otherwise, such requests will not be considered. 9.08 Omit, 9.09 Omit. 9.10 Omit, 9.11 Omit. 9.12 Omit. 9.13 Omit, 9,14 Omit. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as -built drawings will be returned to the Contractor marked "No Exceptions Taken," "Make Corrections Noted - Do Not Resubmit," or "Make Corrections Noted - Resubmit," B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. If Submittal is returned for correction, it will be marked to indicate what is unsatisfactory, D. Resubmit revised drawings or data as indicated, in five (5) copies. E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re -submittal is required for any proposed change to an approved submittal. Changes which require re -submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re -submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE] GC-30 EXH. A.108 ARTICLE 10 SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work, This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. 10.02 PROTECTION FROM HAZARDS A. Omit, B. Omit. C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code, The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s), Hazardous substance is defined as any substance included in the list (Directors List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Contract'. 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: Material that the Contractor believes may be material -that is hazardous waste as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents, 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. GC-31 EXH. A109 Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director. D. Change Order Request, If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions, E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Section 10,03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. Contractor Responsibility. Except as otherwise provided in 'this Section 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time, 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control ("WATCH") handbook, published by BNi Books, and as directed and approved by the City Engineer. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. GC-32 C. No changes or deviations from the approved temporary changes in emergency situations, agencies having jurisdiction. EXH. A.110 detailed traffic control plan shall be made, except without prior approval of the City Engineer and all Contractor shall immediately notify the Director, the City Engineer and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor's failure to comply with this provision may result in actions as provided in Article 5: "Suspension or Termination of Contract" of these General Conditions. In the alternative, at the Director's discretion, if Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements�of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Engineer. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (818) 548- 3130, at least two (2) weeks prior to the beginning of the work at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when, and Contractor project manager's name and business phone number. B. The Contractor shall notify, by telephone, the Police Department Traffic Bureau (818) 548-3130 and Patrol Operations (818) 548-4890 at the completion of the posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on -view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the Glendale Fire Department, on a daily basis during the entire period of the work whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (818) 956-4800 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to its operations. The Contractor shall submit to Fire Division a schedule of Work. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except GC-33 EXH. A.111 where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE PAYMENTS Refer to City of Glendale Permit Services for requirements for building or access road safety improvements to be constructed during period in which the work is being conducted. These devices or improvements deemed necessary, as part of permit application, will be included in Contractor's cost. [END OF ARTICLE] GC-34 ARTICLE 11 INDEMNITY VI1ln1 EXH. A.112 To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns ("Indemnitees") from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents, employees, Subcontractors, Sub -Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee, including but not limited to: A. Bodily injury, emotional injury, sickness or disease, or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor's Work, for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D, Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any applicable law, statute, code, ordinance, regulation, permit, or order; Misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty, obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; Failure to protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee benefits. 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 not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contractor's obligations under this Article extend to claims occurring after termination of the Contractor's performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or GC-35 EXH. A.113 alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor's obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor's indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor's indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefits acts, or other employee benefits acts, [END OF ARTICLE) GC-36 ARTICLE 12 INSURANCE 12.01 CONDITION TO COMMENCEMENT EXH. A.114 Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance, in the form required by Exhibit 4, must be submitted by the Contractor prior to the City's execution of the Contract. 12,02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or City's Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] GC-37 ARTICLE 14 LABOR PROVISIONS 14.01 WORKING HOURS EXH. A.l l5 A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m, of the next day as set forth in the Glendale Municipal Code. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work: No Work shall be performed at night, Sunday, or the ten (10) 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, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director, 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 give written notice to the Director 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. 14.02 COST OF OVERTIME CONSTRUCTION INSPECTION A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be provided by the Director. B. There will be no charges for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1, The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one -calendar day, and 40 hours during any one -calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards GC-40 EXH. A.116 Enforcement of the State of California. In the event City deems Contractor is in violation of this Section 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subsection is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this section 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. A copy of the prevailing wage rate is on file and available for inspection by any interested party on request at the City Engineer's Office, 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each GC-41 EXH. A.117 journeyman, apprentice, worker or other employee employed in connection with the Work, The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address in compliance with payroll record requirements. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any subcontractor shall comply with the provisions concerning the employment of apprentices of the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any subcontractor willfully fails to comply with the aforesaid section, such Contractor or subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.06 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14,07 NO SMOKING, LABOR CODE § 6404.5 AND GLENDALE MUNICIPAL CODE §§ 8.52.010 ET SEQ. The Contractor, its agents or employees, subcontractors, or any person under Contractor's control, is prohibited from smoking in or within a 20-foot distance from a place of employment in violation of Labor Code § 6404.5 and Glendale Municipal Code,1995, §§ 8.52.010 et seq. 14.08 ANTI -DISCRIMINATION. It is policy of the City that in connection with all Work performed under contracts, that there shall be no discrimination against any prospective or active employee engaged in the Work because of race, color, ancestry, national origin, religious creed, sex, age or marital status. The Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act, (California Government Code section 12900, et seq.), California Labor Code section 1735 and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The Contractor shall require like compliance by all Subcontractors employed on the Work by such Contractor. [END OF ARTICLE] GC-42 ARTICLE 15 DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor EXH. A.118 Contractor's right to commence the Claims Dispute Resolution Process shall arise upon the Director's written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor's Claim. Contractor's Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor's obligations relative to time of performance shall include a detailed, event -by -event description of the impact of each delay on Contractor's time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor's compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. By City City's right to commence the Claims Dispute Resolution Process shall arise at any time following the City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims defined The term "claims" as used herein shall be as defined in California Public Contract Code § 20104(b) (2)• 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process. A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full GC-43 EXIT. A.119 authority to resolve such Claim then and there, subject only to City's right and obligation to obtain City Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended, All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. Deferral of Claims Following the completion of the negotiations required by Section 15.02 A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City's right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion, In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process, Nothing contained in this Article 15 shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor's failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] GC-44 ARTICLE 16 ACCOUNTING RECORDS 16.01 MAINTENANCE OF RECORDS EXH. A.120 Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following: all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, contract documents, specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Unilateral Change Orders, Field Orders or other charges or time extensions related to the Project asserted by Contractor or any Subcontractor. Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws. 16,02 ACCESS TO RECORDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Section 16.01, above. 16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING Contractor's compliance with Sections 16,01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Section 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audit GC-45 EXH. A.izt and/or reproduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction. [END OF ARTICLE] GC-46 EXH. A.122 ARTICLE 17 MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. B. Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees, If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Proposal or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director and Architect shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Contract documents and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. GC-47 EXH. A.123 17.02 OWNERSHIP OF DOCUMENTS A. Property of City All Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City's rights under this Section, the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. C. Delivery to City All Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City's rights set forth in this Section. 17,03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its GC-48 EXH. A.124 employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set -offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Section 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City's sole discretion. 17.07 SURVIVAL Contractor's representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. GC-49 EXH. A.125 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estoppel by any measurement, estimate or certificate made or given by the Deputy Director of Public Works - Maintenance Services or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estoppel from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor's failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The Contract Documents shall be governed by and construed in accordance with the law of the State of California, without regard to conflict of law principles, 17.12 ATTORNEY'S FEES If CITY or CONSULTANT brings an action at law or in equity to enforce or interpret one or more provisions of this Agreement, the "prevailing party" is entitled to "reasonable attorney's fees" and costs in addition to any other relief to which the prevailing party may be entitled. A "prevailing party" has the same meaning as that term is defined in California Code of Civil Procedure Section 1032(a)(4). "Reasonable attorney's fees" of the City Attorney's office means the fees regularly charged by private attorneys who: (A) Practice in a law firm located in Los Angeles County; and (B) Have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney's services were rendered, 17.13 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.14 SEVERABILITY If any clause, provision, section or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section or GC-50 EXH. A.126 part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section or part. 17.15 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 17.16 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17.17 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] GC-51 EXH. A.127 SPECIAL CONDITIONS The work to be performed under this contract requires the completion of all work in accordance with the notice calling for proposals; these special provisions; standards listed below; the proposal; the contract; the contract bonds required herein; any supplemental agreements amending, extending or deleting the work; working drawings, or sketches calcifying or revising the work specified herein; and to pertinent portions of other documents included by reference thereto in these specifications. A. DESCRIPTION OF PROJECT AND INTENT The City of Glendale is located northeast of Los Angeles in the foothills of the San Gabriel Mountains, The City is 30.6 square miles in area and has a population of nearly 200,000 with 365 miles of streets. The street tree inventory is 48,000 trees that have been maintained on a set cycle of six years for hardwood trees and every three years for all palms, which for the latter the City is considering moving to an annual trim cycle. The Parks tree inventory is unknown and they have historically not been on a maintenance cycle. The City maintains its own small Forestry Unit that addresses citizens' service requests and needs from other City departments, and facilitates services of ongoing as well as immediate demands; including a young tree maintenance program for all City street trees. The large tree maintenance services were contracted out in the last ten (20) years, with a result of 5,000 to 8,000 trees serviced per year. The current contractual tree maintenance budget is approximately six -hundred ninety six thousand dollars ($696,000) which includes cycle tree pruning, tree plantings and special reforestation projects. The City of Glendale Public Works Maintenance Services Division is responsible for the Maintenance of street trees within public right-of-ways in the City of Glendale while the Glendale Parks, Recreation and Community Services Department is responsible for trees in City Parks. The City of Glendale is seeking proposals from qualified companies to provide the City of Glendale with the best possible tree care to maintain the City's Urban Forest at a level expected by the City's residents, City Council, City Staff, and visitors of the community. The selected Contractor will work closely with City staff to ensure contractual services are satisfactorily completed. The intent of these specifications is to provide to provide Tree Maintenance Services to trees in public right- of-ways and parks. Tree maintenance services are to include pruning, removal and planting of trees, inventory system management, and other arboriculture related services as needed within the City's Urban Forest. DESCRIPTION OF WORK The Contractor shall furnish all labor, tools, equipment, materials and supervision necessary to perform pruning, removal and planting of trees, inventory system management, and other arboriculture related services as described in this section including but not limited to the items noted below. Maintenance Standards and Specifications City of Glendale maintains its trees in cycled pruning of twelve (12) geographic districts, Pruning is to be performed block by block typically completing two (2) districts each year, subject to the instructions of the Deputy Director of Public Works — Maintenance Services or his authorized representative. This method of tree maintenance assures that each tree is evaluated, the site is inspected, and the trees are maintained appropriately on regular six year intervals. Some trees may be pruned in blocks at a separate time of the year, which is the most optimal and appropriate for individual tree species. EXH. A.128 All work performed by Contractor shall conform to the latest Mature Tree and Young Tree Pruning Guidelines of the International Society of Arboriculture (ISA), The American National Standard for Tree Pruning (ANSI A300) and specifications listed herein. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements. All pruning methods shall comply with the Arboricultural Industry standards and shall meet but not be limited to following the requirements: • Contractor must assure that no hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. • Topping, heading back or lion -tailing is not an acceptable method of pruning within the City, and is strictly prohibited. • Final pruning cuts shall be made without leaving stubs. • Cuts shall be made in a manner to promote fast callous growth. • Prune so as to maintain a balanced appearance when viewed from the opposite site of the street, immediately opposite the tree, unless authorized by the Deputy Director of Public Works - Maintenance Services to do otherwise. • When removing a live tree 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. • When removing a dead tree branch, the final cut should be made outside the collar of life 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. • When removing limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. • The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in the tearing of tissue on limbs below cuts shall be corrected. • All pruning tools, saws and equipment shall be kept sharp and in good condition to result in final cuts with an un-abrasive wood surface and secure bark remaining intact. • Chainsaws 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 and/or decay problems. • When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with bleach, • Any vine plant growing on the trees shall be removed to ground level. Vine tendrils shall be removed without injury to trees. • Any extraneous metal, wire, rubber, nails or other material interfering with tree growth shall be removed when possible. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. In the event that work causes excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA). Contractor shall staff each project work site with a Supervisor who holds a current International Society of Arboriculture (ISA) Certified Arborist Credential. All Supervisors shall possess adequate technical background to ensure that all work is accomplished in compliance with these Special Conditions. All Contractor personnel engaged in the actual tree pruning shall hold, at minimum, a current ISA Certified SC- 2 EXH. A.129 Tree Worker credential. All other personnel (e.g. ground workers, traffic control staff) shall have sufficient training so as to be capable of performing their functions in a safe and proficient manner. The selected Contractor will enter into a maintenance agreement for City trees regulated by the Glendale Municipal Code (GMC 12.40) and based on the following criterions for the tree maintenance as recognized standards in the City of Glendale: a. Tree and Site Evaluation for Hazard Any hazardous conditions shall be reported to the City immediately. Before commencement of tree work Contractor shall evaluate the tree and site for any hazardous conditions. This includes observance of any structural weakness, decayed trunk or branches, or split crotches or limbs. This also includes uplifted or sunken sidewalks, and uneven tree grates or tree wells below the grade. Any hazardous conditions shall be reported to the Deputy Director of Public Works - Maintenance Services the same day it was observed. b. Tree Evaluation Contractor shall evaluate trees and prescribe a proper application for each individual tree before commencement of tree work. Contractor shall contact the Deputy Director of Public Works - Maintenance Services if the prescribed application is outside the scheduled price. • Pre -Inspection Prior to the commencement of work in the vicinity of any tree, Contractor shall identify the location of utilities, irrigation components and/or any private property elements that could be compromised by any work activity. If identified, Contractor shall take appropriate action to protect same. If during the course of pre -inspection, Contractor identifies damage to private property or City property that exists before the onset of the work, Contractor shall digitally photo - document and report such damage to the Deputy Director of Public Works - Maintenance Services prior to commencing work in the area. Digital photo -documentation should be time and date embedded. Any claim of damage that cannot be refuted by photo - documentation and log of a report to the Deputy Director of Public Works - Maintenance Services shall be considered the responsibility of the Contractor. • Wildlife Protection 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 nests or wildlife of any type. Contractor shall cease work in a tree if a nest is found and is determined to be active, unless given permission by the Deputy Director of Public Works - Maintenance Services. At no time shall any nest or wildlife be moved from its location. In the event that wildlife is accidentally displaced and needs assistance, Contractor shall notify the Deputy Director of Public Works - Maintenance Services. SC- 3 EXH. A.130 c. Maintenance Tree Pruning Maintenance pruning of trees is based on tree species, growth characteristics, tree form, tree condition and tree structure. Tree evaluation before pruning determines what pruning must be performed to achieve or enhance a tree's structural integrity, appearance, or desired size. City trees are pruned to raise for clearance to reduce its size and to restore after damage to tree has occurred. Maintenance Tree Pruning includes Pruning to Raise, Pruning to Reduce, Pruning to Restore, and Young Tree Maintenance. The specific techniques employed shall be consistent with industry practices for the size and species of the tree being trimmed, All dead, broken, damaged, loose, diseased or insect infested limbs, branches and stubs shall be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. Branches that are developing in a manner as to become larger than the limbs they originate from shall be removed. 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. All cuts shall be made just outside the branch collar to the parent stem so that the wound closure can readily start under normal conditions. Final 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 be removed, All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless approved by the Deputy Director of Public Works - Maintenance Services, The Deputy Director of Public Works - Maintenance Services may request Service Request Tree Pruning (as identified in the Schedule of Compensation) for periodical requests to provide Maintenance Tree Pruning to trees that are located outside the scheduled street block. Contractor shall consult the Deputy Director of Public Works - Maintenance Services before making any cuts that could result in permanent disfigurement of the structure of any tree. If Contractor is, at any time, unclear on what course of action to follow in the field, Contractor shall consult with the Deputy Director of Public Works - Maintenance Services. Trimming and Shaping of Conifers -Typically, up to 30% of the live foliage of conifers may be removed unless directed otherwise by the Deputy Director of Public Works - Maintenance Services. Contractor shall avoid damaging the central leader. In some cases, the Deputy Director of Public Works - Maintenance Services may direct the Contractor to remove the central leader to limit the height of a tree, At the time of the pruning, the Deputy Director of Public Works - Maintenance Services shall determine which trees shall have the new growth pinched back in an effort to control canopy size. To control the growth of large, mature conifer trees, Contractor shall prune the new growth of lateral limbs. Pruning conifers shall typically include the removal of crossed limbs, dead wood and unwanted branches from the interior of the canopy, Trimming and Shaping of Broadleaf Trees - Contractor shall follow the shape indicated by the natural growth habits of each tree species. 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 show through the head. Tree foliage shall be reduced by between twenty five to thirty percent (25-30%). Pruning to Raise Trees shall have the selective branches removed to provide clearance "Tree Raising" (as identified in the Schedule of Compensation) which shall involve street trees being trimmed to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. SC- 4 EXH. A.131 Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Trees should be cleared of sprout or sucker growth to a minimum of ten (10) feet above ground level. Exceptions are for young trees, which would be irreparably damaged by such pruning action. Pruning to Reduce Street trees prescribed to be reduced in size shall have end weight reduced by removal of branches and stems to decrease the height and/or spread of a tree. This type of pruning is done to minimize the risk of failure, to reduce height or spread for utility clearance, to clear from buildings or other structures, or to improve tree appearance. Reduction cuts shall be done using "drop crotch" method and no heading cuts. Trees shall also be trimmed a minimum five (5) feet from structures and a minimum ten (10) feet from chimneys to remove any hindrance with buildings as per California Building and Safety Code(s) (BSC V6.16.3.4) (BSC V6. 16.3.5) Pruning to Restore Street trees that have been damaged and are prescribed to be restored shall have selectively removed branches, sprouts and stubs. This pruning is mostly done to trees that have been broken, topped, severely headed, or lion tailed. g. Young Tree Maintenance Young trees shall be pruned to establish the trees' future and permanent structure which is consistent with industry guidelines and standards specific to Young Tree Maintenance or Training as recognized in the ISA Best Management Practices. Such work will include the removal or replacement of stakes, ties or guy lines as needed to provide adequate support for the tree, the removal or reinstallation of trunk guards as needed, and the removal or re-establishment of tree watering basins as needed. Temporary branching along the young trees lower trunk shall be retained to promote good trunk taper and structural development. The City's in-house forestry crew currently is responsible for Young Tree Maintenance for all City street trees for the first 3 years after being planted. All trees six (6) inches in diameter or less shall be pruned with hand tools only. h. Palm Tree Pruning Unless otherwise approved by the Deputy Director of Public Works - Maintenance Services, standard palm trimming will include the removal of all dead and declining fronds and seed pods so that the remaining healthy fronds are existing at horizontal plane at the head of the palm tree. All frond sheaths or husks shall be skinned along the entire length of the tree. Live trunk tissue should never be cut while pruning palm fronds. City Representative may require on specific palm species to minimize the risk of disease transmission to prune only green fronds with disinfected in 1% bleach solution after each tree pruning. Care shall be taken in the handling of fruit and flowers as they are likely to release 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. As mentioned previously, palm street trees are currently on a three-year pruning cycle. If funding allows, the frequency might be increased to annually. SC- 5 EXH. A.132 Tree Removal The trees to be removed will be marked in a manner determined by the Deputy Director of Public Works - Maintenance Services. Only those trees so marked shall be removed by the Contractor. Trees shall be felled in a manner consistent with industry practices with the primary emphasis on the safety of the public and the protection of adjacent property. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in Glendale. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified crane operators shall not result in additional charges to the City. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop longs or trunks so as to create undue noise or impact shock disturbances or damages to public and/or private property. Stumps shall be ground to a minimum of twelve (12") inches below the level of the adjacent ground. Holes shall be filled with resulting mulch and raked level with the adjacent ground. For larger tree removals, the Contractor shall grind an additional twelve (12) inches around the circumference of the removed trunk, or import soil as needed to till into backfill in order to attain even grade with the adjacent ground. All wood, debris and excess mulch shall be removed and the surrounding area shall be raked and /or swept clean. NOTE: if stump grinding does not follow within the same work day as removal, a safety barricade shall be placed and maintained over the stump until the stump grinding is complete. The Contractor shall be responsible for contacting Underground Service Alert (USA) 1-800-227- 2600 for the locating of underground utilities prior to stumping operations. The Contractor is also responsible for identifying the location of all public and private property landscape irrigation prior to the removal of a tree and its roots. The Contractor shall be responsible for the repair of any private property irrigation system components that are damaged during a tree removal or stump grinding. Repairs should be made using components matching those that were damaged. Tree Planting Planting trees includes staking and installing ties, trunk guards, root barriers (as requested by the City), woodchip mulch, and water to maximize tree health and survival by using the City reclaimed water. Contractor shall provide trees and all materials and labor necessary for a complete and proper installation. New trees are to be installed in accordance with APWA Standard plans for Public Works construction details 520-2 and double staked per 518-2 double. The Contractor shall identify the location of all utilities and public and private property landscape irrigation components prior to the planting of any tree in Glendale. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. SC- 6 EXH. A.133 Trees shall be provided by the Contractor. Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for the size and quality of the material being planted. Brown trunk height (BTH) for palm trees shall be measured from the top of the root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. 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 soilless root ball will be rejected. Trees that are stressed, weak, declining, or damaged will be rejected. 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 the tree by the City. Any confusion should be resolved by contacting the Deputy Director of Public Works - Maintenance Services, 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. 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. The Contractor shall not install trees with the box bottoms left on, All container debris (e.g. strapping, box sides and fragments, nails) shall be removed from the planting pit prior to backfilling. The Contractor shall install the tree or palm so that the top of the root ball is two (2) inches above the surrounding finish grade. The Contactor shall not resort to cutting or trimming the root ball as a means of meeting grade standards. The contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and top soil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines. The Contractor shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand. On planting sites where a large tree was previously removed, the contractor may need to provide additional clean soil to add to backfill in lieu of mulch grindings remaining from stump removal. 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. For parkways and open growspace areas, 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. For plantings within existing tree wells, no basin construction will be required. The Contractor shall not use hoses, equipment or water from private properties while installing or watering street trees. The contractor shall be responsible for the stability of newly planted trees. The nursery stake shall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed SC- 7 EXH. A.134 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, Upon completion of the planting of the tree, the Contractor shall apply mulch to any barren areas within three (3) feet of the trunk. k, Tree Root Pruning Root pruning work will be specified on work orders to the Contractor with a specific street address and location as well as identifying the root pruning along the sidewalk or curb or both, Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other improvement. Root pruning cuts shall be four (4") inches wide, sixteen (16") inches deep as measured from the top of sidewalk, curb or adjacent improvement and extended eight (8') feet in each direction from the centerline of the tree (16' total length). 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 of sidewalks. All cuts shall be backfilled immediately upon completion of root pruning at each location. Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from rocks. All debris generated by these operations shall be immediately removed from the site and properly disposed of outside the right-of-way. 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. Tree Watering Contractor shall provide watering for trees by using reclaimed water as determined by the Deputy Director of Public Works - Maintenance Services. 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. 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 with watering equipment will not be tolerated. SC- 8 EXH. A.135 The Contractor shall maintain a daily log of trees watered. 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. m. Clean Up Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets, Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Contractor's equipment may be stored overnight; with advance approval, in the City yards; however, the City will not be responsible for security of Contractor's equipment. The Director of Public Works, or his authorized representative, shall be the sole judge as to the adequacy of the clean up. n. Crew Rental The Contractor shall be able to provide to the City crew rental for tree work, which lies beyond the scope of this contract. The crew and equipment can be modified to complete any type of tree work as specified by the Deputy Director of Public Works - Maintenance Services. The Contractor will be given specific locations and the work to be done at each location in advance. o. Emergency Crew Rental The Contractor shall be required to provide emergency / on call response to hanging limbs and wind damaged or downed trees, This may be at night or during storm conditions. The Contractor will be given specific locations and the work to be done at each location via telephone call from the Deputy Director of Public Works — Maintenance Services. The Contractor shall be required to start the work indicated within sixty (60) minutes of the initial telephone call and report back to the Deputy Director of Public Works - Maintenance Services upon completion of the work specified. The Contractor is required to provide 24-hour emergency phone and/or pager numbers and names of a minimum of two (2) contact individuals within one week of award of contract. Should the phone number or contact person change during the course of the contract those changes must be provided to the City. In the event the Contractor cannot be contacted or fails to respond, a penalty of $500 per incident will be deducted from future Contractor work. The Contractor shall be required to provide all traffic controls required during emergency operations. Should the work involve any high voltage lines the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a time and material basis, This shall include all labor, tools, equipment, disposal fees, and materials necessary for doing the emergency work. The Contractor shall supply a list of manpower and equipment rated to be charged, and a mark up percentage for materials and any other costs. This list is to be supplied with their proposal, p. Tree Inventory Maintenance & Technical Support «s7 EXH. A.13G The Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current City inventory system. The system shall be accessible by City staff 24 hours a day via the internet. The Contractor is to update the inventory regularly and make all necessary corrections according to the field records. Contractor shall add field condition data to the system including right-of-way growspace. Contractor will endeavor to bring to the attention of the Deputy Director of Public Works - Maintenance Services any trees identified on their scheduled work list or inventory that are questionable as to their accuracy as being a City -owned street tree as defined by the Glendale Municipal Code (GMC 12.40). The Deputy Director of Public Works - Maintenance Services will determine the status of the tree(s) in question and inform Contractor if the tree(s) are to be included in any work activities to be performed by the Contractor or removed from the inventory. Contractor will provide the City with a state of the art record keeping computer -based inventory system and all the necessary technical support that allows the City to maintain information about a tree population, including the work history and service request information, tree and planting site locations information, maintenance requirements and species names. The system will print condensed or detailed listings of tree and site information, work histories, service requests and summary reports. The 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, DBH) and to record the date, cost and crew identity for any pruning, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the 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 and future work histories for any and all tree sites in the inventory, both individually and collectively by query, and inclusive of both contractor work and work completed by City forces. All aspects of the tree inventory system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of the Contractor and shall be provided at no cost to the City. 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. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the contract. Tree site/task specific hardcopy backup data for any work that has occurred during the 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. q. Schedule of Work & Hours of Operation Contractor will be required to commence work within fifteen (15) working days of award of contract. The Contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of work. The general hours of operations shall be 7:00 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating SC-10 EXH. A.137 harsh or unusual noise. The days of operations shall be Monday through Friday. No work shall be performed on Saturday or Sunday unless authorized by the City. In addition, the Contractor shall meet with the Deputy Director of Public Works — Maintenance Services on a regular basis at a time and frequency agreed upon with the City. The purpose of the meeting is to review the week's work, receiving special instructions, and to discuss any problems encountered on the job. r. Inspections The Deputy Director of Public Works — Maintenance Services shall, at all times, have access to the work being performed and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipments used and employed in said work. The inspection of the work shall not relieve the Contractor of any of his obligation to fulfill the contract and/or complete the project described. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by the Directory of Public Works or his designated representative and accepted for payment. In addition, in all cases the Deputy Director of Public Works — Maintenance Services shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the Deputy Director of Public Works — Maintenance Services shall be excluded from payment. s. Reports and Brochures Contractor shall provide project reports as requested by the Deputy Director of Public Works — Maintenance Services. Contractor will provide brochures that are acceptable to the Deputy Director of Public Works — Maintenance Services that describe the tree trimming process or care guidelines for newly planted trees, and are readily accessible to the residents of Glendale. Sample brochures must be included with the proposal submittal. Public notice of the Tree Trimming Program will be supplied by the Contractor with final approval by the Deputy Director of Public Works — Maintenance Services, Safety Data Sheets (SDS) All materials used in services must be registered and CDPR approved. The Safety Data Sheets (SDS) shall be available at all times for all chemicals used as part of this contract, The SDS is also required to be made available to local fire departments and local and state emergency planning officials under Section 311 of the Emergency Planning and Community Right -To -Know Act. Equipment and method of application must be in compliance with the ACWM for the County of Los Angeles. All services in the City must be provided accordingly to the California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Sections: 6600. General Standards of Care, 6602, Availability of Labeling, 6630. Equipment Identification, 6670. Container Control, 6676. Container Requirements, 6678. Services Container Labeling. u. Billing SC-11 EXH. A.138 Billing is to be by address, maintenance district, and include tree species, DBH, variety (Botanical and Common), trim date, condition and appropriated data acceptable to the Deputy Director of Public Works — Maintenance Services. This shall be updated by the Contractor on the City's Tree Inventory Database within one (1) month of work being completed. v. Service Scheduling and Parking Notifications Contractor shall issue schedule showing dates, times, and type(s) of maintenance to be performed at each treatment area. City reserves the right to amend Contractor's issued schedule if said schedule adversely impacts City's day to day operations, Contractor shall provide and post "No Parking" signs 36 hours in advance of the work and distribute written notice door hangers to affected residents of the pending work 72 hours in advance of the work. Notices shall be printed in English and affixed with twine only. Nails or staples are not to be used at any time. Contractor shall adhere to all traffic control policies governed by the City of Glendale. w. Public Relations Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree trimming operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations at least seventy two (72) hours in advance of scheduled work via door tags. 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. x. Use of Reclaimed Water Water supply will be reclaimed water, furnished from reclaimed water sources located within 1 1/2 miles of the job site, It will be the Contractor's responsibility to transport this water to the job site and take all recommended precautions in its transportation and use. The following County of Los Angeles, Department of Health Services Safety Guidelines and Precautions regarding the transportation and use of reclaimed water shall be followed: i. The sale and use of reclaimed wastewater must meet the standards required by Section 60313(b), Title 22, California Code of Regulations (disinfected tertiary treated wastewater). ii. Reclaimed water shall be distributed by tank truck for residential and commercial use. iii. All tank trucks used to haul reclaimed water must be clearly identified RECLAIMED WATER - DO NOT DRINK. Tank trucks shall be thoroughly cleaned of contaminants prior to use, must be fitted with water -tight valves and fittings, must not leak, and cannot be connected to potable water supply systems, Supplementing reclaimed water with potable water shall be through an approved air gap separation. iv. Watering shall be done directly from reclaimed water trucks or from temporary piping under the control of the reclaimed water deliverer. The temporary piping shall be identified RECLAIMED WATER - DO NOT DRINK. The piping system shall remain on the surface of the ground and shall be removed when the watering is completed. SC-12 EXH. A.139 v. Under no circumstances shall any storage or plumbing system be installed on any property for the use of reclaimed water unless all requirements and guidelines are met for the permanent use of reclaimed water. vi. Reclaimed water use shall be accomplished at a time, and in a manner that minimizes ponding and the possibility of public contact. Irrigation shall be done during periods when the grounds will have maximum opportunity to dry before use by the public. vii, The use of reclaimed water shall not create a nuisance. viii, Truck operators shall log all deliveries of reclaimed water. Recycling of Green Waste No less than 85% of pruned tree branches, tree trimming debris, wood and other green waste generated as a result of Contractor's operations under this contract shall be recycled, reused or transformed by the Contractor. This 85% is not permitted to be disposed of at landfills and it may not be used as landfill daily cover. Weight slips shall be required as proof of final disposal and must be submitted by the Contractor with each invoice for payment. All brush generated from tree maintenance operations shall be recycled where practical. Recycling, reuse and transformation may include, but not be limited to firewood that is too large to be chipped, ground and 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. Pest Control All major pest problems shall be reported by the Contractor to the Deputy Director of Public Works - Maintenance Services. aa. Uniforms The Contractor shall provide a standard uniform for its personnel consisting of at least a collared shirt with buttons, complementing pants, a belt and boots appropriate for the work, All shirts, jackets, or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform. Contractor personnel shall appear neat and well-groomed. No portion of the uniform may be removed while working. Contractor personnel shall wear appropriate reflective safety vests when operating machinery and/or while working within five hundred (500) feet of moving traffic or such other distance required by applicable laws. 2. Inventory of All Trees at Glendale City Parks and GPS Data The Contractor shall perform a thorough inventory of all trees at City of Glendale Parks and integrate this data into the City's tree management program. The data collected for each tree shall include, at minimum, the data tracked in the City's existing tree management program including tree species, dimensions, work history, service request information and address. The Contractor shall also enhance the data for all street and park trees in the City by garnering GPS data for every tree in or added to the system. SC-13 EXH. A.140 C. EQUIPMENT All vehicles, tools and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order. All equipment used and all maintenance practices employed shall be subject to the inspection of the Deputy Director of Public Works - Maintenance Services and shall meet safety and functional requirements. All equipment shall be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be in good repair and show no signs of fraying. No equipment shall pose a potential danger to the operator, co-workers, passing motorists or pedestrians. The Director of Public Works — Maintenance Services may reject any vehicle or piece of equipment and order it removed from the job site. Contractor shall maintain a sufficient inventory of equipment so as to complete work as specified. All equipment shall be approved by the City prior to the commencement of services, Contractor shall notify the Deputy Director of Public Works - Maintenance Services of any change in the equipment inventory during the performance of this contract. This notification shall be in the form of a dated inventory list. D. SCHEDULE OF WORK Contractor shall submit a schedule of operation to the Deputy Director of Public Works - Maintenance Services, 541 West Chevy Chase Drive, Glendale, CA 91204; (818) 548-3950 prior to commencing work. The schedule shall be submitted, for approval, to the Deputy Director of Public Works - Maintenance Services (5) five working days prior to the commencement of work. E. WORKING HOURS The work schedule is to be planned in conjunction with and approval by the Deputy Director of Public Works - Maintenance Services. Changes in the schedule, for the convenience of the Contractor, will require approval by the City's Deputy Director of Public Works - Maintenance Services. (Note: Special scheduling may be necessary around some business locations, so as not to interfere with their operations.) The City reserves the right to change schedule or stop work in any particular area due to any unforeseen circumstances. Normal working hours shall be 7:00 a.m. to 3:00 p.m. on major streets and 7:00 a,m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise. The days of operations shall be Monday through Friday. GENERAL GROUNDS POLICING The Contractor shall provide general grounds policing and inspection as follows: 1, Provide safety and facility inspection and immediately report any deficiencies to Deputy Director of Public Works - Maintenance Services. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: a. Light standards and fixtures b. Benches c. Walls, fences and gates d. Doors and windows e. Trash dumpsters or receptacles f. Signage SC-14 EXH. A.141 g. Graffiti and surfaces it is on i.e., concrete, brick, metal, etc. h. Sidewalks G. PERFORMANCE DURING INCLEMENT WEATHER During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather, Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. 2. The Contractor shall immediately notify the Deputy Director of Public Works - Maintenance Services when the work force has been removed from the job site due to inclement weather, or other reasons. 3. The Contractor shall remove all branches and debris resulting from inclement weather. H. REPAIRING DAMAGED WORK The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by his act hereunder. Tree pruning and other tree maintenance work shall not be done at a time when they might damage parked cars or at times when activities in the project area might be inconvenienced or disrupted. Needed repairs from damage by other than the Contractor's operation shall be promptly reported to the Deputy Director of Public Works — Maintenance Services. The Contractor shall be responsible for the replacement of all plant materials, including shrubs, ground cover, mulch pebble bark and similar materials damaged as a result of any maintenance performed by same. The full cost of such replacement, including the cost of labor, shall be borne by the Contractor. The Contractor shall be responsible for the replacement or repair to any sidewalk, fixture or private property that is damaged by the improper use or failure of any maintenance equipment or by a negligent act of its employees. The full cost of such replacement, including the cost of labor shall be borne by the Contractor. SUPERVISION OF CONTRACT. All work shall meet with the approval of the City of Glendale Public Works Department. There shall be bi- monthly meetings with the Contractor and the Deputy Director of Public Works - Maintenance Services to determine progress and to establish areas needing attention. This meeting may be rescheduled to a monthly meeting at the City's discretion, pending satisfactory performance levels. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications. The Contractor shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or their representative on the worksite. ADDITIONAL MAINTENANCE SC-15 EXH. A.142 No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the Deputy Director of Public Works before the work is commenced [End of Special Conditions] SC-16 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW, POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLEMIT/LIMITS NOT LISTED BELOW. This is to Certify that ' WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON NAME AND ANAHEIM CA 92806 ADDRESS Ub Mutual. OFINSURED L J INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ics) listed below. The insurance afforded by the listed poliey(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ❑ POLICY TERM WORKERS COMPENSATION Statutory Limits 7/1 /2017 WA7-66D-039499-076 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: All States Except: ND, OH, WA, WY EMPLOYERS LIABILITY Bodily In'ury by Accident 1 000 OOOEach Accident Bodily Injury By Disease 1 000 000 Bodily Injury By Disease 1 000 000 Each Person COMMERCIAL GENERAL LIABILITY 7/1 /2017 TB2-661-039499-016 General Aggregate $2,000,000 ❑ OCCURRENCE Products / Completed Operations Aggregate ❑ CLAIMS MADE $2,000,000 Each Occurrence $1 000 000 Permnal & Advertising Injury $1,000,000 Per Person/ Organization RET'RO DATE Other pp Other rented to Medical Expense $5,000 vc . 0emises 3 00t00 AUTOMOBILE LIABILITY 7/1 /2017 AS7-661-039499-036 Each Accident —Single Limit $2,000,000 B.I. And P.D. Combined 10 OWNED Each Person Each Accident or Occurrence QNON -OWNED 121 HIRED Each Accident or Occurrence OTHER 7/1/2016 - 7/1/2017 TH7-661-039499-046 $5,000,000 Per Occurrence/Aggregate Umbrella Excess Liability APPROVED ADDITIONAL COMMENTS See Addendum MICHAEL E. GATES CITY ATTORNEY .I-rY OF HUNTINGTON BEACH . If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WELL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL A LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Liberty Mutual Insurance Group City of Huntington Beach �.LrYt� �✓ Attn: Risk Management Elaine Ulan 2000 Main Stree[ Los Angeles / 0603 AUTHORIZED REPRESENTATIVE ro x Huntington Beach CA 92648 818 W 7th Street, Suite 850 0564408 Los Angeles CA 90017 213-624-1171 6/16/2016 1 I 1 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects Such insurance as is afforded by those Companies NM 772 07-10 30424986 1 LM 2819 I '7/16-7/17 - GL/2/1, AL/2, WC/1, U/5 I Donna Smi[ala 16/16/2016 9:16.16 AM (CDT) I Page 1 of 2 LDI COI 268896 02 11 ACORO® AGENCY CUSTOMER ID: LM 2819 LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Liberty Mutual Insurance Co. National Insurance West NAMED INSURED WEST COAST 2200 EAST VIA URTONTS, INC ANAHEIM CA 92806 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: NM FORM TITLE: Certificate of Casualty Insurance (07/10) HOLDER: City of Huntington Beach Attn: Risk Management -Randy Thompson ADDRESS: 2000 Main Street Huntington Beach CA 92648 RE: Tree Maintenance Services City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are additional insured with regards to general liability and automobile liability, as their interest may appear, where required by written contract. The insurance afforded by the general liability policy for the benefit of the additional insured shall be primary and non-contributory. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 30424986 1 LM 2619 1 7/16-7/17 - GL/2/1, AL/2, WC/1, U/5 I Donna Smitala 1 6/16/2016 9:16:16 AM (CDT) I Page 2 of 2 COWERL' VAL GENERAL I -LABILITY CG 20 10 04 13 11 1 Filil S51 M- -0 ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(&) or equipment furnished in connection with such organizatlan(s) shown in the Schedule, but only with work, on the project (other than service, respect to llaWity for 'bodly injury", "property maintenance or repairs) to be performed by or damage" or 'personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part by: location of the covered operations has been 1. Your acts or omissions, or completed; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured vAll not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. VAh respect to the insurance afforded to these additional insureds, the following additional exclusions apply; This insurance does not apply to "bodily injury' or "property damage" occurring after. 2. That portion of 'Your work' out of which the injury or damage arises has been put to Its iintanded use by arty person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insumnce: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 'I. Required by the contract or agreement; or 2. Available under the applicable Lknb of Insurance shown hi the Declarations; whichever is less. This endorsement shall not increase the applicable Limb of Insurance shown in the Declaration& SCHEDULE Name OfAdditional Insured Pemon(s) Location(s) Of Covered Operations Or Organt zatl*n(s): Any owner, lessee, or contractor for whom you have Any location listed in such agreement agreed In writing prior to a loss to provide liability insurance Information required to complete this Schedule, if not shown above, wit be shown in the Declarations. CG 20 10 04 13 0 Insurance Se es Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:AS7-661-039499-036 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organizations : Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance, required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained In Paragraph A.I. of Section 11 - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: TB2-661-039499-016 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of $ 250. Person or Organization Job Description Where required by contract or written agreement prior to loss and allowed by law Issued by Liberty Insurance Corporation 21814 For attachment to Policy No. WA7-66D-039499-076 Effective Date Premium $ Issued to West Coast Arborists, Inc. WC 04 03 06 Ed: 04/1984 Page 1 of t 201 MWA? 1141-11 M This endorsement modifies insurance provided underthe following: The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec:tion IV —Conditions: We waive any right of recovery we may have against the person or organisation shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "your work* done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule below. aviff-4MM Any person or organization with whom you have agreed in wrung to waive any right of recovery prior to i loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 24 04 05 09 C Insurance Services Office, Inc., 2W8 Page I of ' This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respectto coverage provided by this endorsement, the provisionsof the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the 'loss" under a contract with that person or organization. CA 04 4410 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk November 22, 2016 West Coast Arborists, Inc. ATTN: Victor M. Gonzalez, Vice -President 2200 E. Via Burton Anaheim CA 92806 Dear Mr. Gonzalez: Enclosed is a copy of the fully executed "Maintenance Services Contract Between the City of Huntington Beach and West Coast Arborists, Inc. for Tree Maintenance Services." Sincerely, Robin Estanislau, CMC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ® Waitakere, New Zealand ATTACHMENT #2 g.,0 n d � 1 a ./i it ))_ nJ californla �`.lf CITY OF GLENDALE, CALIFORNIA REPORT TO THE: Joint ❑ City Council X Housing Authority ❑ Successor Agency ❑ Oversight Board ❑ July 14, 2015 AGENDA ITEM Report: Contractual free Maintenance Services Contract 1) Resolution dispensing with competitive bidding and awarding a contract to West Coast Arborists, Inc. in the amount of $5,317,500 over five (5) years for Tree Maintenance Services 2) Resolution of Appropriation COUNCIL ACTION oUblic Hearing ❑ Ordinance ❑ Consent Calendar _ Action Item A Report Only gpprovcd for JUIy 14, 20'15 calendar ADMINISTRATIVE ACTION Submitted by: Roubik Golanian, Director of Public Works Prepared by: Shea Eccleston-Banwer, Public Works Manager Approved by: Scott Ochoa, City Manager Reviewed by: Yasmin K. Beers, Assistant City Manager Michael J. Garcia, City Attorney Robert Elliot, Director of Finance Av Jess Duran, Director of Community Services and Parks Daniel I-larcigrove, Deputy Director of Public Works Stephen M. Zurn, General Manager Glendale Water & Power i Item 7. - 170 1 { B -218- RECOMMENDATION Staff respectfully recommends that the City Council approve the attached Resolution dispensing with competitive bidding and awarding a contract to West Coast Arborists Inc. for Glendale Tree Maintenance Services in the amount of $5,317,500 for five years and authorizing the City Manager or his designee to execute the contract. In addition, staff respectfully recommends that the City Council approve a Resolution of Appropriations transferring funds for the unfunded portion of this program. BACKGROUND/ANALYSIS The Public Works Department, Maintenance Services Division is responsible for the maintenance of approximately 47,000 parkway and median trees. This includes trimming, planting, watering, removal and pest control. The City has always taken great pride in our tree maintenance operation as is evidenced by the recognition it has received in being certified as a Tree City USA since 1984. The Public Works Department strategically uses a combination of contractual tree trimming services and in-house staff to maintain the urban forest consistent with the established maintenance practices of the International Society of Arboriculture, provide services with regularity and best practices, and to keep costs down. Specifically, this approach for caring for our City trees involves using in-house Forestry staff to handle citizen requests, young tree care and emergency or priority response efforts, while the large-scale, grid -pruning, preventative maintenance program and capital improvement projects (CIP's) are handled by a contractor. It is the goal of the Public Works Department to trim every hardwood street tree no less than once every six years which is consistent with industry guidelines. Provided that adequate funding is available, the contractor will be primarily responsible for ensuring that the City, at a minimum, meets this schedule. The tree maintenance contract overseen by the Public Works Department recently expired. Previously, the Community Services and Parks Department managed a similar but smaller separate contract for tree maintenance services in Glendale Parks. Staff decided to solicit proposals for tree maintenance services for both street trees and parks trees with the expectation that doing so would garner the lowest possible costs, due to economies of scale, for both operations. In addition, it was decided to solicit proposals to inventory and provide GPS data for all Parks trees as this data is essential for the adequate maintenance of these resources. Previously, the Public Works Department pruned all palm street trees once every three years. Proposals were solicited for increasing this frequency to annually. This increased pruning frequency is intended to reduce the incidences of falling palm fronds contacting Glendale Water and Power (GWP) electrical lines. Palm fronds can conduct energy and cause outages when they make contact with power lines. Also, dry palm fronds are extremely flammable. The cost of this increased pruning frequency will be borne by GWP. On March 3, 2015, the City Council approved a Resolution authorizing staff to release a Request for Proposals (RFP) for Tree Maintenance Services. On March 19, 2015, two private companies attended the mandatory pre -proposal conference: West Coast Arborists Inc. and Mariposa Landscapes Inc. Both of these companies also submitted proposals prior to the RFP due date of April 10, 2015. 2 HB -219- Item 7. - 171 An evaluation team comprised of City staff as well as the Manager from Culver City in charge of their tree maintenance program evaluated the proposals submitted. In addition, on May 6, 2015 both firms were formally interviewed by the evaluation team. The evaluation team rated the proposals based on the following criteria; Evaluation Criteria Weight of Score Proposal Price 40% Qualifications, Business Historyand Past Performance 30% Work Ian, Project Approach 20% Responsiveness 10% The two companies received the following cumulative and weighted scores: Proposing Company Score West Coast Arborists Inc. 81.67 Mariposa Landscapes Inc. 75.00 Both West Coast Arborists Inc. and Mariposa Landscapes Inc. have worked for the City of Glendale previously and staff has a good understanding of the experience and capacity of both firms. While most per unit tree pruning costs and the overall projected cost from Mariposa Landscapes Inc. were lower than West Coast Arborists Inc., the costs of plantings and GPS tree inventory services were lower in the West Coast Arborists Inc.'s proposal. Ultimately the evaluation team believed the knowledge, qualifications, project approach and experience demonstrated by West Coast Arborists inc. to be superior to Mariposa Landscapes Inc. Specifically, West Coast Arborists Inc.'s team demonstrated a thorough understanding of important legal and industry issues related to prevailing wages, accident reporting and response, wildlife protection and green waste recycling. In addition, West Coast Arborists Inc. proposed a better quality tree inventory system with mobile device functionality, a more responsive customer service and outreach program and superior emergency response capabilities. Finally, for tree maintenance services, West Coast Arborists Inc. is well established in Southern California with numerous other clients of Glendale's size or larger while Mariposa Landscapes Inc. tree maintenance clients are smaller than Glendale. Consequently, West Coast Arborists is considered better prepared to handle this large contract from day one. FISCAL IMPACT Annual funds for contractual tree maintenance services have been budgeted in the following accounts: Account Description Account Number Amount Tree Maintenance Contractual Services 402-501-51887 $500,000 Tree Maintenance Construction Services 43111-101-537 $96,000 SF LIVID Landscapes and Tree Prunin 43110-253-537 $50,000 Parks Yard Admin 43110-101-602-5150 $75,000 Parks Enterprise Fund Tree Maintenance 43110-501-602-5601 - $25,000 Total: $746,000 In order to maintain existing street tree maintenance service levels an additional annual appropriation of $110,000 is needed. This increase is related to unit cost increases in contractual tree maintenance services. Recently, State regulations related to prevailing wages Item 7. - 172 FIB -220- for tree maintenance workers were modified increasing labor costs for contractors operating in California. It was expected that these increased costs would be passed on to all public agency clients. Also, a $200,000 annual allocation from Net Assets, Electric Works Revenue Fund Account 27900-552-000 to GWP Electric Contract Tree Trimming Account (552-931-11929- UE036) is requested to fund the increase in Palm tree pruning frequency. $37,500 is needed in one-time funds to complete the GPS inventory of all City Parks trees. Therefore, staff recommends that the City Council approve a resolution of appropriation transferring $110,000 annually from the State Gas Tax fund (24219-402) to the Tree Maintenance, Contractual Services Account (402-501-51887) and transferring $37,500 in one-time funds from the General Fund Undesignated Fund Balance (25300-101) to the Park Yard Administration Account (43110-101-602-5150). ALTERNATIVES Alternative 1: Approve the attached resolution dispensing with competitive bidding and awarding a contract to West Coast Arborists, Inc. for Glendale Tree Maintenance Services and Resolution of Appropriation. Alternative 2: Deny the resolutions. Alternative 3: The City Council may consider any other alternative not proposed by staff. CAMPAIGN DISCLOSURE In accordance with the City Campaign Finance Ordinance No. 5744, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CFO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report: Officers of West Coast Arborists, Inc.: full Name Title`"'' ' Business ° Address Cit" State Zip' Patrick _ President 2200 E. Via Burton Anaheim CA 92806 Mahoney St. Richard Assistant Secretary 2200 E. Via Burton Anaheim CA 92806 Mahoney St. Roserson Treasurer 00 E. Via Burton Anaheim CA 92806 Epp St. EXHIBITS None 4 H 13.2 21 _ Item 7. - 173 RESOLUTION NO A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA, DISPENSING WITH COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH WEST COAST ARBORISTS, INC. TO PROVIDE THE CITY WITH TREE MAINTENANCE SERVICES WHEREAS, the City of Glendale take great pride in our tree maintenance operation that strategically includes both in-house and contractual tree maintenance services; and WHEREAS, the Maintenance Services Division of the Public Works Department is responsible for the maintenance of approximately 47,000 parkway and median trees, including trimming, planting, watering, removal and pest control; and WHEREAS, the Public Works Department strategically uses a combination of contractual tree trimming services and in-house staff to maintain the urban forest consistent with the established maintenance practices of the International Society of Arboriculture, provide services with regularity and best practices, and to keep costs down, an approach which involves using in-house Forestry staff to handle citizen requests, young tree care and emergency or priority response efforts, while the large-scale, grid -pruning, preventative maintenance program and capital improvement projects are handled by a contractor; and WHEREAS, it is the goal of the Public Works Department to trim every hardwood street tree no less than once every six years, which is consistent with industry guidelines; and WHEREAS, the tree maintenance contract overseen by the Public Works Department recently expired and staff decided to solicit proposals for tree maintenance services for both street trees and parks trees with the expectation that doing so would garner the lowest possible costs, due to economies of scale, for both operations and to inventory and provide GPS data for all Parks trees as this data is essential for the adequate maintenance of these resources; and WHEREAS, staff recommended increasing the frequency of pruning all palm street trees from once every three years to annually in order to reduce the incidences of falling palm fronds contacting Glendale Water and Power (GWP) electrical lines; and WHEREAS, on March 3, 2015, the City of Glendale released a Request for Proposals for Glendale Tree Maintenance Services and two private companies, West Coast Arborists Inc. and Mariposa Landscapes, Inc., attended the mandatory pre -proposal conference on March 19, 2015, and the City received two proposals by both of these companies prior to the RFP due date of April 10, 2015; and WHEREAS, an evaluation team made up of staff from Glendale and Culver City evaluated both proposals based on the following criteria: proposal price; qualifications, business history and past performance; workplan and project approach; and responsiveness; and WHEREAS, most per -unit -tree pruning costs and the overall projected cost by West Coast Arborists, Inc. were higher, West Coast Arborists' costs of plantings and GPS tree inventory services were lower; and a D I JAFILESTOCFILESTACTFIND\WCA tree maintenance services - RESO - DISPENSE BID.docx Item 7. - 174 HB -???- WHEREAS, the evaluation team determined that West Coast Arborists, Inc. demonstrated superior knowledge, qualifications, project approach and experience as well a thorough understanding of important legal and industry issues related to prevailing wages, accident reporting and response, wildlife protection and green waste recycling; and WHEREAS, the tree inventory system proposed by West Coast Arborists, Inc. included mobile device functionality, a more responsive customer service and outreach program and superior emergency response capabilities; and WHEREAS, West Coast Arborists Inc. is well established in Southern California with numerous other clients of Glendale's size or larger and is therefore better prepared to handle this large contract from day one; and WHEREAS, Glendale City Charter, Article VI, Sec. 9 provides an exemption to competitive bidding when the Council determines it is in the best interest of the City to dispense with competitive bidding; and WHEREAS, given the foregoing findings and facts, it appears that adequate justification exists and it is in the City's best interest— upon recommendation of the Director of Public Works— to dispense with competitive bidding and the requirement that the Council award a contract for labor to the lowest responsible bidder, and to authorize the City Manager or his designee to execute said contract for tree maintenance services. NOW THEREFORE, BE IT RESOLVED BY THE GLENDALE CITY COUNCIL: 1. That the foregoing facts are deemed to be true and correct and a basis for dispensing with competitive bidding and authorizing the awarding of a contract with West Coast Arborists, Inc. 2. The Council hereby dispenses with competitive bidding and the City Manager or his designee is hereby authorized to execute a contract with West Coast Arborists, Inc. for five million sixty seven five hundred dollars ($5,317,500) over five years, subject to approval by the City Attorney, for Glendale Tree Maintenance Services. Adopted this day of , 2015. ATTEST: City Clerk 2 Mayor J:IFILEMOCFILESTACTFINDUCA tree maintenance services - RESO - DISPENSE BID.docx HB _22;_ Item 7. - 175 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS CITY OF GLENDALE) I, Ardashes Kassakhian, Clerk of the City of Glendale, do hereby certify that the foregoing Resolution No. was adopted by the City Council of the City of Glendale, California, at a regular meeting held on the day of , 2015, and that the same was adopted by the following vote: Ayes: Noes: Absent: Abstain: City Clerk APPROV ASB CWV-,A RWEY DATE 3 JAFILESIDOCFILESIFACTFINDIWCA tree maintenance services - RESO - DISPENSE BID.docx Item 7. - 176 HB 2?- RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE MAKING AN APPROPRIATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE: SECTION 1: That the sum of $347,500 is hereby appropriated and/or transferred from the following accounts to the following accounts: ACCOUNTS DESCRIPTION FROM TO 2.7900-552-000 Net Position, Electric Works Revenue Fund $200,000 43110-552-931-11929- Contractual Services, Electric Works Revenue Fund, $200,000 UE036 Electric Services, Electric Services Contract Tree 1'rimming, Trim Trees 24219-402-000 State Gas Tax Mandates, State Gas Tax Fund $110,000 43110-402-501-51887 Contractual Services, State Gas Tax Fund, Public $110,000 Works Projects, Street Tree Maintenance 25300-101-000 Undesignated Fund Balance, General Fund $37,500 43110-101-602-5150 Contractual Services, General Fund, Parks, Parks Yard $37,500 Administration To appropriate additional funding for Contractual Tree Maintenance Services Contract. SECTION 2: The Director of Finance is authorized to make such other revisions, individual appropriation line -items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution. SFCTION 3: The City Clerk shall certify to the adoption of this Resolution. Adopted this day of _ 2015. Mayor _. ATTEST: CITY Oh' GLENDALE DATE APPROVED AS TO ITNANCIAL City Clerk PRO17ISION r'OR 347,500 SPATE OF CALIFORNIA r` COUNTY OF LOS ANGELES) SS CITY OF GLENDALE) Director of Finance I, Ardashes Kassakhian, City Clerk of the City of Glendale, do hereby certify that the foregoing Resolution No. was adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of 2015, and that the same was adopted by the following vote: Ayes: Noes: Absent: APPfiUtrl, Abstain: GiAu��rriuy — -- City Clerk 8 0 L FIB -225- Item 7. - 177 I I � :6 AGREEMENT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Glendale, California this , day of �^�'/ , 20 15, by and between the CITY OF GLENDALE, a chartered municipal corporation ("City") and West Coast Arborists, Inc,, a California corporation ("Contractor"), for Glendale Tree Maintenance Services. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS Except for modifications issued after execution of this Agreement, the "Contract Documents" shall consist of the following documents, which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as is set forth at length herein: A. This Agreement, including all Exhibits and attachments; B. Exhibit 1— Insurance Requirements; C. Exhibit 2 — Schedule of Unit Prices for Work; D. Exhibit 3 — Campaign Finance Ordinance Disclosure Form; E. Exhibit 4 — Project Specifications; F. Request for Proposals for the Glendale Tree Maintenance Services including ascertainment of prevailing wage scale established by Resolution of the City Council of the City of Glendale, which wage scale is on file and available for inspection by any party at the City Clerk's Office. G. Contractor's Proposal, dated April 9, 2015; H. Special Conditions and I. Request for Proposals Addenda Nos. —___ (Not Applicable) Glendale Tree Maintenance Services STANDARD FORM AGREEMENT Page 1 Item 7. - 178 HB -226- 2. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; inspections; temporary utilities; utility connections; and transportation necessary to provide tree maintenance services, tree and tree site evaluation, tree pruning, palm tree pruning, tree removal, tree planting, tree root pruning, tree watering, tree inventory maintenance and technical support, reporting, inspection, equipment procurement, site preparation, fabrication of equipment, installation of equipment, project management, and commissioning for service for the Glendale Tree Maintenance Services in accordance with the Contract Documents, which are by reference incorporated herein and made a part hereof. 3. TIME FOR PERFORMANCE A. Contract Time. The term is five (5) years, which may thereafter be extended on a month -to -month basis upon mutual agreement of the parties. B. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Docu�mlents are reasonable for Contractor to perform and complete the Work. Contractor Initial here: 4, CONTRACT SUM AND PAYMENTS In consideration of the Contractor's full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the maximum sum of Five million, three hundred seventeen thousand, five hundred dollars/no cents ($5,317,500.00), for the five-year term, payable for the Work completed pursuant to the work schedule as approved by the Deputy Director of Public Works — Maintenance Services and at the unit prices as set forth in Exhibit 2, subject to adjustment as provided in the Contract Documents. ("Contract Sum"). Glendale Tree Maintenance Services STANDARD FORM AGREEMENT Page 2 HB -227- Item 7. - 179 5, CERTIFICATION BY CONTRACTOR I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor Initial here:a' 6. TERM OF CONTRACT. The term of this agreement shall be for a period of five years (1, 827 days) beginning on the date of certification by both City and Contractor and may be terminated by either party by giving 30 days written notice to the other party. If, in the sole judgment of the Deputy Director of Public Works - Maintenance Services, the Contractor has failed to comply with the terms set forth in the contract, the contract may be terminated upon five days written notice to the Contractor. PERFORMANCE AND PAYMENT BONDS In light of current surety industry underwriting practices for tree maintenance services, Contractor may issue the Performance Bond and the Payment Bond on an annual basis, each in the penal amount of One Million, sixty- three thousand, five hundred dollars ($1,063,500.00). Contractor shall promptly submit duly executed extensions, renewals or replacement bonds upon the anniversary of the Effective Date of the Contract. City's obligation to make payment for Work is conditioned on Contractor maintaining performance and payments bonds at all times during performance of the Work. Contractor's timely submission of the annual Performance Bonds and Payment Bonds is a condition to City's obligation to make payments to Contractor. LIQUIDATED DAMAGES Failure to perform work in accordance with the Contract Documents within the then current City -Approved Schedule of Work will result in damages being sustained by the City which damages cannot be readily determined. For each consecutive calendar day in which the performance of the work is not in accordance with the then current City -Approved Schedule of Work, the Contractor shall pay to the City, or at the City's discretion, have withheld from monies due it, the sum of One Hundred Dollars ($100.00) unless otherwise provided in the Special Conditions, Glendale Tree Maintenance Services STANDARD FORM AGREEMENT Page 3 Item 7. - 180 1-1B -"228- Such sum is liquidated damages and shall not be construed as a penalty, and that such sum may not be deducted from payments due the contractor if such delay occurs. Contractor Initial here: �. The parties have caused this Contract to be executed the date and year first above written. Executed at Glendale, California. [Contractor's Corporate Seal] 724 B Roubik Gol nian, Dire for Public Worts Dept. CONTRACTOR: (SIGNATUIRE MPSTJ3E NOT, By: An Athorized Signatory Date: CITY OF GLENDALE: By: _ - S tt Ochoa, City Manager Date: 914//f APPROVED ASYO FORM: Date " City Attorney Date [END OF DOCUMENT] Glendale Tree Maintenance Services STANDARD FORM AGREEMENT Page 4 HB -229- Item 7. - 181 CALIFORNPA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE: § 1189 „�.��..:`T;�'t�.•i�r ;:.c:Cc!',:�:c!'�F;r.cY:� �`.c:ct`.c;+"t,•;;c,.t�.�:<:'<;<-;�:{:;!,t,�<;:^�:t•.c;t:c-t���.:-��.c;l.i-;is;t�:,:,c�,rc.,.,�:c.ra::'�;�;�: t'i; c�<; .c;:,: •,� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docurnenl to which this certificate is attached, and riot the truthfulness. accuracy, or validity of that document. State of California County of _ _Orange On August 4, 2015 before me, ___ Amelia I. Menzel, Notary Public _ Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney _- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nam4/are subscribed to the within instrument and acknowledged to me that�s4M%executed the' Me in his/I art*. a :thorized capacity�ie , and that b his.4i ftf�errsignature on the instrument the person, r the entity upon behalf of which the personjs) cted, executed the instrument. -.. AMELIA I. MENZEL Commission tZ 2105517 =a Notary Public - Californla g ' - Orange County M Comm. ExpIroB Aw 2 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature' f Signature Notary ciblic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Glendale Tree Maint.Svcs. Agreement Document Date: 8/4/15 Number of Pages: 4 — Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Signer's Name: ❑✓ Corporate Officer — Title(s): , President ❑Corporate Officer — Title(s):. Partner — Limited General Partner — Limited General Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: - _ Other: _ Signer Is Representing: WCA,_ Inc_ __-- Signer Is Representing: ��..•��,.=�:�<;c=t:u..ti.:i;c�,'c=(.tiL �c.c��c:<,�; ;:;�✓t•r�:�'-t:c=t.i%C.+. �'.�� :;�C,�:Y-;t,���1'cc.�:C:t (. �v: �:,t %c.'_�:: �' �:;'..�4�.,�tit�;`•�,cx,`•y� 1J2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item P5907 Item 7. - 182 HB -230- PROPOSALFORM Tree Maintenance Services. Pursuant to and in compliance with your Request for Proposals and Contract Documents relating to the Project: Glendale Tree Maintenance Services including Addenda Nos, N/A the undersigned Proposer, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) at the following unit prices: Item No. Description Unit Unit Price 1 a. Street Tree Maintenance Tree / Pruning Each $40.00 0" - 6" Diameter Standard Height 1 b. Street Tree Maintenance Tree / Pruning Each $75.00 7" -12" Diameter Standard Height 1 c. Street Tree Maintenance Tree / Pruning Each $90.00 13"- 18" Diameter Standard Height 1d. Street Tree Maintenance Tree / Pruning Each $135.00 19" - 24" Diameter Standard Height 1 e. Street Tree Maintenance Tree / Pruning Each $145.00 25" - 30" Diameter Standard Height 1f. Street Tree Maintenance Tree / Pruning Each $275.00 31" - 36" Diameter Standard Height 1g. Street Tree Maintenance Tree / Pruning Each 36"+ Diameter Standard Height $285.00 2a. Parks Tree Maintenance / Tree Pruning Each 0" - 6" Diameter Standard Height $40.00 2b. Parks Tree Maintenance / Tree Pruning Each 7" -12" Diameter Standard Height $110.00 2c, Parks Tree Maintenance / Tree Pruning Each 13" -18" Diameter Standard Height $120.00 2d. Parks Tree Maintenance / Tree Pruning Each 19" - 24" Diameter Standard Height $175.00 2e. Parks Tree Maintenance / Tree Pruning Each 25" - 30" Diameter Standard Height $275.00 2f. Parks Tree Maintenance / Tree Pruning Each 31" - 36" Diameter Standard Height $335.00 2g. Parks Tree Maintenance / Tree Pruning Each 36"+ Diameter Standard Height $345.00 3a. Service Request Tree Pruning Each 0" - 6" Diameter Standard Height $40.00 3b. Service Request Tree Pruning Each 7" -12" Diameter Standard Height $110.00 3c. Service Request Tree Pruning Each 13" -18" Diameter Standard Height $120.00 3d Service Request Tree Pruning Each 19" - 24" Diameter Standard Height $175.00 3e, Service Request Tree Pruning Each 25" - 30" Diameter Standard Height $275.00 F-2 HB _73)1 - Item 7. - 183 3f. Service Request Tree Pruning 31 ° - 36" Diameter Standard Height Each $335.00 3g. Service Request Tree Pruning 36°+ Diameter Standard Height Each $345.00 4. Tree Crown Raisin Each $45.00 5a. Palm Tree Pruning on a 3-year cycle) Each $79.00 5b. Palm Tree Pruning on a 1-year cycle) Each $59.00 6, Tree Removal Only Inch in DBH $17.00 7. Complete Tree and Stump Removal Inch in DBN $25.00 8. Stump Only Removal Inch $8.00 9. Tree Planting 24 inch box w/o root barrier Each $285.00 10 Tree Plantin 24 inch box with root barrier Each $310.00 11. Tree Root Pruning Each $450.00 12. Tree Watering Da $450.00 13. Crew Rental Hour/ per an 14 Emergency Crew Rental Hour/ per man $89.00 15. ISA Certified Arborist Consulting Hour 16 Complete Inventory Including GPS Data and Documentation of All Trees at City Parks and Facilities Cost for Entire Project $9,500.00 17. Complete Inventory Including GPS Data and Documentation of All City Street Trees Per Tree Site $2 50 18. Tree Planting (36-inch box) Each $1,200.00 Note: Before the Contract is signed, the Contractor shall file with the Deputy Director of Public Works - Maintenance Services or his/her designee a detailed estimate (cost breakdown) or list of unit prices used in making its proposal. Said detailed estimate or list of unit prices shall be sufficiently detailed and itemized to enable the Deputy Director of Public Works - Maintenance Services or his/her designee to make equitable monthly estimates and must be approved by the Deputy Director of Public Works - Maintenance Services or their designee before the contract is signed. The use of said detailed estimate or list of unit prices is for the purpose of preparing estimates of payments as they become due. The amount to be paid shall not exceed the amount proposed. Award of Contract will be based on the Evaluation Criteria and Evaluation Scoring System of these Specifications. NOTES: 1. All amounts and totals given in the Proposal Form will be subject to verification by the Proposer. In case of variation between the unit price and the total cost shown by Proposer, the unit cost will be considered to be his/her Proposal. 2. The Proposal price shall include all State, Federal, and other taxes applicable to the project, and shall be a firm offer for a period of 90 days after the date of proposal submittal, The Proposer to acknowledge receipt of all Addenda. The cover sheet of each Addendum issued shall be signed by the Proposer and attached herewith. 4. The undersigned, under penalty of perjury, acknowledges that they are authorized by the Proposer to submit a Proposal for said Proposer. RespeclfUH1 submitted: } Signature and Printed Name Patrick Mahoney, President 2200 E. Via Burton, Anaheim, CA 92806 Address F-3 Item 7. - 184 I-IB -232- Patrick Mahoney, President 4/9/15 Title Date (SEAL - if Proposal is by a corporation) Attest %i Richard Mahoney, Assistant S6 retary COOPERATIVE PURCHASING It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Glendale shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. F-4 IJB -233- Item 7. - 185 ATTACHMENT #3 GLENDALE TREE MAINTENANCE SERVICES REQUEST FOR PROPOSALS (RFP) AND CONTRACT DOCUMENTS CITY OF GLENDALE, CALIFORNIA Dated as of March 4, 2015 Maintenance Services Division Project Manager Name: Daniel Hardgrove, Deputy Director of Public Works — Maintenance Services Address: 541 West Chevy Chase Drive, Glendale, Ca. 91204 Phone: (818) 548-3950 Fax: (818) 547-0637 E-Mail: dhardgrove@glendaleca.gov Pre -Proposal Meeting, Thursday, March 19, 2015 at 10.00 am At Maintenance Services Division Second Floor, 541 West Chevy Chase Drive. Glendale, Ca. 91204 Item 7. - 186 «B -23 1- TABLE OF CONTENTS Notice Inviting Proposals....................................................................................... Instructions to Proposers.................................................................................................................... IP-1 Proposal............................................................................................................................................. F-1 ProposalForm.................................................................................................................................... F-2 IncumbencyCertificate........................................................................................................................ F-5 Proposers' Statement of Qualifications............................................................................................... F-6 Questionnaire Regarding Subcontractors........................................................................................... F-9 SafetyQuestionnaire........................................................................................................................... F-10 Designation of Subcontractors............................................................................................................ F-14 Contractor's Affidavit of Noncollusion.................................................................................................. F-18 Pre -Proposal Site Inspection Certification........................................................................................... F-20 Campaign Finance Disclosure............................................................................................................ F-21 Formof Contract................................................................................................................................. FA-1 General Conditions Article 1 - Preliminary Provisions..................................................................................... GC-1 Article 2 - Performance of the Work................................................................................ GC-6 Article 3 - Time of Commencement and Completion....................................................... GC-12 Article 4 - Construction Schedules.................................................................................. GC-14 Article 5 - Default, Remedies and Termination................................................................ GC-15 Article6 - Changes.......................................................................................................... GC-17 Article 7 - Contract Payments and Claims....................................................................... GC-23 Article 8 - Materials and Equipment................................................................................. GC-27 Article 9 - Inspections, Test Submittals and Samples ...................................................... GC-29 Article10 - Safety.............................................................................................................. GC-31 Article11 - Indemnity......................................................................................................... GC-35 Article 12 - Insurance......................................................................................................... GC-37 Article13 - Bonds.............................................................................................................. GC-39 Article 14 - Labor Provisions.............................................................................................. GC-40 Article 15 - Dispute Resolution.............................................................................GC-43 Article 16 - Accounting Records........................................................................................ GC-45 Article 17 - Miscellaneous Provisions.................................................................... GC-47 SpecialConditions...............................................................................................................................SC -1 Exhibits: Performance Bond................................................................................................................ Exhibit 1 PaymentBond...................................................................................................................... Exhibit 2 Exhibit 3 Omit Id -235- Item 7. - 187 Commercial General Liability/Automobile Liability Special Endorsement ............................. Exhibit 4 Item 7. - 188 HB -236- NOTICE INVITING PROPOSALS NOTICE is hereby given that the City of Glendale (`City") will receive sealed proposals, until the proposal deadline established below for the following work of improvement: GLENDALE TREE MAINTENANCE SERVICES Proposal Deadline: Submit before 2:00 p.m. on Friday, April 10, 2015 Proposals to be Submitted in Duplicate to: Office of City Clerk NO LATE PROPOSALS WILL BE ACCEPTED. Proposal Documents Available: (Request for Proposals, specifications and contract documents) Office of Maintenance Services Division, City of Glendale, CA 91206 Mandatory Pre -Proposal Conference: March 19, 2015 at 10.00 a.m. Maintenance Services Division Location: 541 West Chevy Chase Drive, Glendale California 91204 City of Glendale Contact Person: Daniel Hardqrove, (818) 548-3950 or dhardgrove(a)glend aleca.gov General Scope of Work: Contractor shall furnish labor, material, equipment, services, transportation, fuel and specialized skills to perform work involved in the Project. The work in the proposal is defined in the Special Conditions and Request for Proposals and will generally include: street tree pruning, parks tree pruning, service request tree pruning, tree crown raising, palm tree pruning, tree removals, stump removals, tree planting, tree root pruning, tree watering, crew rental, emergency crew rental, ISA Certified Arborist Consulting, a complete tree inventory including GPS data and documentation of all trees at City parks and adding GPS data to the existing street tree inventory. Contract: The City intends to award a Contract with a five-year term. Other Proposal Information: Proposal Documents: Proposals must be made on the Proposal Form contained herein. Proposal Documents may be obtained in the Offices of the Maintenance Services Division, 541 W. Chevy Chase Dr,, Glendale, CA 91204 where they may be examined and copies obtained, The initial set of request for proposals, specifications and contract documents shall be provided at no charge. Electronic copies will also be provided at no charge. Costs of a duplicate set of specifications and contract documents shall be $ 10.00 per set, including tax, The cost of said specifications and contract documents is non-refundable and purchased specifications and contract documents need not be returned. Contract documents and specifications may be mailed for an additional charge of 5.00. Omit. Acceptance or Rejection of Proposals. The City reserves the right to reject any and all proposals, to award all or any individual part/item of the proposal, and to waive any informalities, irregularities or technical defects in such proposals and award a proposer, whichever may be in the best interests of the City, No late Proposals will be accepted, nor will any oral, facsimile or electronic proposals be accepted by the City. gatl HB -237- Item 7. - 189 Mandatory Pre -Proposal Conference. A pre -proposal conference will be held at the Maintenance Services Division, 541 West Chevy Chase Drive, Glendale, Ca. 91204 on Thursday, March 19, 2015 at 10.00 a.m. Contractor's License. At the time of submission of the Proposal, and at all times during performance of the Work, Contractor is required to possess a proper license in accordance with the provisions of Chapter 9, Division 3 Sections 7000 et seq. of the Business and Profession Code. Pursuant to Section 3300, of the Public Contract Code, the classification of the proposer's Contractor's License shall be "C-611D-49 and C-27". Both licenses must be in good standing for the previous seven (7) consecutive years without any official unresolved record of complaint registered or filed with the Board of California Department of Consumer Affairs. Failure of a proposer to demonstrate adequate licensing at the time the contract is awarded shall constitute a failure to execute the Contract. 6. Omit. 7. Proposal Irrevocability. Proposals shall remain open and valid for sixty (60) calendar days after the award of the Contract. 8. Prevailing Wage Resolution. Proposers are hereby notified that in accordance with the provisions of the Labor Code of the State of California, the City Council of the City has ascertained and determined by Resolution No. 18,626 (as amended), the general prevailing rate of per diem wages and fringe benefits shall be the same as those specified pursuant to the California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 and as those sections are subsequently amended. Said resolution is on file in the Office of the City Clerk and is hereby incorporated and made a part hereof by the same as though fully set forth herein. Copies of said resolution may be obtained at the Office of the City Clerk, 9. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. Dated this day of , 2015, City of Glendale, California, City of Glendale, California. Ardashes Kassakhian, City Clerk of the City of Glendale. USA Item 7. - 190 HB -2')S- INSTRUCTIONS TO PROPOSERS 1. CONTRACTOR'S LICENSE The Proposer must possess a valid State of California Contractor's License in the classification specified in the Notice Inviting Proposals at the time of the Proposal Deadline and at all times during the performance of the work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF REQUEST FOR PROPOSALS, CONTRACT DOCUMENTS, AND ADDENDA A. If any Proposer contemplating submitting a Proposal is in doubt as to the true meaning of any part of the Proposal Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Proposal Documents with applicable law, such Proposer shall at once submit a written request for an interpretation or correction thereof to the City's representative identified in the Notice Inviting Proposals, or other designated individual. All Proposers shall submit such written requests to City, not less than ten (10) calendar days prior to the Proposal Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City's Contact Person identified in the Notice Inviting Proposals. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Proposers of record. Any Addenda so issued must be acknowledged in the Proposal and the cost of performing Work described in the Addenda shall be included in the Proposal. Proposer's failure to acknowledge receipt of all Addenda may result in rejection of the Proposal as nonresponsive. No person is authorized to render an oral interpretation or correction of any Proposal Documents and no Proposer may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Contract Documents or Specifications, or for any oral instructions. City reserves the right to extend the Proposal Deadline by issuing an Addendum to Interested Proposers no later than 72 hours prior to the Proposal Deadline. Proposers shall use complete sets of Proposal Documents in preparing Proposals; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. B. Copies of Addenda will be made available for inspection wherever Proposal Documents are on file for that purpose. Each Proposer shall ascertain prior to submitting a Proposal that the Proposer has received all Addenda issued and the Proposer shall acknowledge their receipt in the Proposal. 3. OBTAINING REQUEST FOR PROPOSALS DOCUMENTS Proposers may secure Request for Proposals documents only from the location specifies in the Notice Inviting Proposals. City will maintain a list of persons who obtained a copy of this Request for Proposals ("Interested Proposers"). Only Interested Proposers will receive the Addenda, if so issued. 4. PROPOSAL FORMS — SUBMITTAL A. The Proposal shall be made on the forms provided herein with all blank spaces properly filled in. All forms required to be submitted with the Proposal are listed in the Proposal form at page F-1. Blank spaces in the Proposal must be properly filled in, and the phraseology of the proposal form must not be changed. No additions are to be made to the articles mentioned therein. Any unauthorized conditions, limitations or provisos attached to a proposal may render it informal and cause its rejection. Alterations by erasure or interlineations must be explained or noted in the proposal over the signature of the Proposer. Proposers are invited to be present at the opening proposals. A corporation submitting a proposal may be required, before contract is finally awarded, IP-1 IAB _2;9_ Item 7. - 191 to furnish a certificate as to its corporate existence, and satisfactory evidence as to the officer or officers authorized to execute the contract on behalf of the corporation. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a proposal to be considered responsive. Special attention should be given to completing: Proposer's Statement of Qualifications; and Designation of Subcontractors C. Include all proposal forms, properly executed, intact and in duplicate (original and photocopy) form. Enclose the proposal in a sealed envelope; type or print on the envelope "Proposal for' followed by the RFP title and the date and time the Proposal is due as they appear on the cover of this Contract Documents book, and the Proposer's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D, Proposals hand delivered, delivered by courier or package delivery service shall be presented to: City Clerk City of Glendale 613 E. Broadway, Room 110 Glendale, CA 91206 Proposals received after the Proposal Deadline or at any place other than the Office of the City Clerk will not be considered. PROPOSALFORM A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the proposal shall be typewritten or legibly printed on the proposal. The Proposer shall sign the proposal with his/her usual wet ink signature. An individual submitting a proposal or a partner signing for a partnership shall sign in the presence of a Notary Public and the notarial acknowledgement shall be attached to the proposal. C. A partner shall sign for a partnership and the names and addresses of all partners shall be given. D. An officer shall sign for a corporation, in the presence of a Notary Public the corporate name shall be attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. A signature other than a corporate officers will be accepted if an authenticated power of attorney is attached. 6. PROPOSAL FORM — PRICES A. The Proposer shall include in his/her Proposal price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The Proposer shall state for each item on the proposal form, in clearly legible figures, the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, Ilotl Item 7. - 192 HQ -240- materials, and equipment and to perform the Work. Proposals must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Proposal. If any Proposal, or portions thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Proposal as being non -responsive. C. Omit. D. All requested Alternates shall be Proposed. If no change in the Proposal is required, enter "No Change." MINIMUM REQUIREMENTS FOR SUBMITTING A PROPOSAL Proposer must have been in the business of providing full service urban forest maintenance programs to governmental agencies and/or municipalities that includes, but is not limited to the pruning, removal and replacement of trees for at least five (5) years. In addition, Proposer must provide five (5) references with contact information for the main agency manager. Proposers must show, through documentation by records of past performance and references, a corporate capability that includes the ability to perform the following work, both consistently and concurrent with other required services: Annually trim as many as twelve thousand (12,000) trees, with trees ranging in size from three (3) to more than forty (40) inches in diameter, with work occurring during regular business hours, at night or during weekends. Inclusive in this tree count are more than five thousand (5,000) palms, which shall be trimmed from the safety of a certified aerial boom truck. The Proposer must be prepared to physically display an inventory of equipment for inspection by the City that includes certified aerial boom truck equipment with boom height capacity in excess of ninety (90) feet. The City will not allow workers gaffing into palms as a substitution for equipment that does not meet equipment height requirements. The Proposer must be prepared to trim trees based on seasonal appropriateness and the logistical needs of the City. Annually remove and grind the stumps of over three hundred (300) trees ranging in size from three (3) inches to over forty (40) inches in diameter to a depth of twelve (12) inches below surface grade, with work occurring during regular business hours. The Proposer must show documentable experience in the safe removal of mature trees using methods of rigging, including the use of cranes, Annually, supply and plant as many as five hundred (500) trees ranging in size from fifteen (15) gallon to thirty-six (36) inch box -size nursery stock. The Proposer shall exhibit, by portfolio and references, experience with planting projects of the scope and quantity described herein. Annually water and maintain as many as five hundred (500) young trees with a regularly scheduled work plan. The Proposer shall exhibit, by portfolio and references, the capacity to respond to emergency tree incidents, ranging from limb failures on single trees to storm related damages affecting many trees, in a manner that meets the needs of the City. Proposer shall cite their average emergency response times. A. Proposer shall show capacity to process notifications for the community on all work activities and to operate and maintain, at no additional cost to the City, an internet based computerized tree HB _241 - Item 7. - 193 inventory system that has the capacity to integrate existing trees as described herein. Proposer shall show capacity to add GPS data to City's inventory. B. Proposals must be complete, as detailed in this RFP, including any necessary sub- Contractor quotes. C. Proposer must possess the capability of processing and reporting to the City the quantities of green waste and refuse that are generated from performing the work described herein in a manner compliant with the requirements of the State's legislation, AB 939. D. Proposer must have on their staff an adequate number of full-time permanently employed personnel that are fully trained in urban forestry best management practices, are able to speak and understand English in order to successfully complete all work specified as part of this contract work and possess current certification as an International Society of Arboriculture (ISA) Certified Tree Worker and/or Certified Arborist. PROPOSER'S STATEMENT OF QUALIFICATIONS A. Each Proposer shall be required to complete, execute and submit with its Proposal, the form entitled "Proposer's Statement of Qualifications" and sign the form. Notwithstanding the provisions of Paragraph 21 herein, the Proposer's Statement of Qualification and financial statements shall not be public records. All information required by a Proposer's Qualifications Statement shall be completely and fully provided. If no information is to be filled in a blank space, then write "none". Any Proposal not accompanied by a Proposer's Statement of Qualification form completed with all information required may render the Proposal non -responsive. If the City determines that any information provided by a Proposer in the Proposer's Statement of Qualification is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Proposal submitted by such Proposer as being non -responsive. C. Omit D. Party And Participant Disclosure Forms. In conformance with California Government Code Section 84308, (of the California Political Reform Act) and Title 2, California Code of Regulations Sections 18438 through 18438.8, regarding campaign contributions to members of appointed Boards of Directors, Proposers shall complete the forms included in these Proposal Documents, and submit same as part of the Proposal, if applicable, Proposers shall submit one copy of the completed Participant Disclosure form(s) as part of the Proposal. Subcontractors shall complete the form entitled "Party Disclosure Form" and shall submit same to Contractor within ten (10) calendar days after award of Contract. Lobbyists or agents representing a Proposer in this procurement must complete the form entitled "Participant Disclosure Form" and shall submit same to Contractor within ten (10) calendar days after award of Contract. DESIGNATION OF SUBCONTRACTORS A. List of Subcontractors. Each Proposal shall include a list of proposed Subcontractors in accordance with the Subletting and Subcontracting Fair Practices Act (California Public Code Sections 4100, et seq.), for all Subcontracts in excess of one-half of one percent of the total Proposal. City has furnished a form for this purpose. The City may request Proposers to submit IP-4 Item 7. - 194 HB -242- additional information regarding the experience and qualification of listed Subcontractors, which, if requested, shall be provided within 24 hours after City's written request. Work of Subcontractors. The organization or arrangement of the Specifications and Contract documents shall not limit the extent of the Work for the Contract Documents. Accordingly, all Proposers are encouraged to disseminate all of the Specifications and other Contract Documents to all persons or entities submitting sub -bids to the Proposer. The omission of any portion or item of Work from the Proposal or from sub -proposals, which is reasonably inferable from the Contract Documents, shall not be a basis for adjustment of the Contract Price or the Contract Time. C. Ineligible Subcontractors, The successful Proposer is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Proposal, the Proposer certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTRACTOR'S NONCOLLUSION AFFIDAVIT A Noncollusion Affidavit in the form provided by the City shall be signed under penalty of perjury, certifying that the Proposal is not the result of and has not been influenced by collusion. Proposer shall submit this form with its Proposal. Any Proposal made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. EXAMINATION OF SPECIFICATIONS AND SITE OF WORK A. The Proposer shall examine carefully the site of the Work contemplated and the Specifications and Contract Documents, The submission of a Proposal will be conclusive evidence that the Proposer has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Proposal, Specifications, and other Contract Documents. The Proposer shall ascertain the locations of the existing utility services, and other underground facilities, and to provide for carrying out his/her operations so as to cause the minimum possible inconvenience to the occupants of property along any streets affected. All Work and costs involved in the safeguarding of the property of others shall be at the expense of the Proposer to whom the Contract may be awarded. The Propser hereby certifies that he has examined the local conditions, has read each and every clause of the Contract Documents, and that he/she has included all costs necessary to complete the specified Work in his/her Proposal prices, and the Proposer agrees that if he/she is awarded the Contract he/she will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than anticipated by him/her, the Proposer agrees to assume all risks incident thereto. C. The City makes no representations as to the order or condition of the work area nor does the City warrant that the work area will be free from defects, either apparent or hidden, at the commencement of, or at any time during the term of the contract. Proposers must examine the location, physical conditions and surroundings of the work area and judge for themselves the extent to which these factors will influence the performance of the contract work. By entering into the contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to upgrade or modify existing deficiencies to contract specifications. I P-5 HB -243- Item 7. - 195 12. PRICES AND PAYMENTS Approximate quantities listed in the Notice to Contractors and quantities if listed for unit price items on the Proposal form, are estimates given for comparing Proposals, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, unless otherwise specifically provided. 13. SUBSTITUTIONS Substitutions proposed by proposers to reduce cost of project will be considered if properly presented in the proposal. Basic proposal must be for labor, materials and equipment named in the RFP and all proposed substitutions must be listed separately as deductions from the proposal. Acceptance of substitutions will be optional with the City and those accepted will be binding upon proposer. 14. RETURN OF IMPROPER PROPOSALS Proposals submitted after the Proposal Deadline are non -responsive and shall be returned to the Proposer unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Proposals shall not be considered unless the Notice Inviting Proposals expressly permits such means of transmittal. 15. WITHDRAWAL OF PROPOSAL A Proposer may withdraw its Proposal either personally or by written request any time prior to the scheduled Proposal Deadline by notice to the City's Contact Person designated in the Notice Inviting Proposals. If such notice is written, it shall be signed by the Proposer and shall be date -stamped and time -stamped by the City upon receipt. Withdrawn Proposals may be resubmitted before the Proposal Deadline provided that they are in full conformance with these Instructions to Proposers. Once submitted, all Proposals are irrevocable, except as otherwise provided by law. Requests for withdrawal of Proposals after the Proposal Deadline shall be made only in accordance with California Public Contract Code § 5100, of seq. Proposer agrees by submitting a Proposal that such Proposal shall remain open, is irrevocable, and may not be modified, withdrawn or cancelled for a period of sixty (60) days after award of the Contract. 16. EVALUATION OF PROPOSALS Award will be made to the Proposer who best meets the City's requirements and offers the most advantageous combination of highest qualifications for all criteria described in this document and low price. Evaluation of Proposals will be made in accordance with the following criteria: A. Qualifications, Business History, and Past Performance: The basis for determining the suitability of the Proposer and all of his/her subcontractors to undertake tree maintenance work shall include: documented experience in performing comprehensive tree maintenance services for public agencies similar in size to Glendale; professional excellence and demonstrated competence of all members of the Contractors team in the services to be provided; education and experience of the Contractor's Project Manager and other key personnel to be assigned; staffing capability, workload and record of meeting schedules and budgets on similar projects; the nature, quality and relevance of recently completed work; ability and willingness to respond to City requirements, safety record, financial capability, bonding capacity, insurance coverage and ability to provide a skilled work force. BE Item 7. - 196 1-113 -244- Responsiveness: The Proposal will be evaluated for its responsiveness to the requirements of these Specifications. However, the City reserves the right to waive any informalities or technical defects of the Proposal as the best interest of the City may require. C. Work Plan, Project Approach and Corporate Capability: The proposal will be evaluated by the overall project approach and plan and corporate capability to successfully undertake the full scope of work described herein. The proposal will be checked for compliance with Department standards and specifications, statutes, and industry best management practices. D. Proposal Price: A low total price is desirable but must include all costs to the City. The City reserves the right to reject any or all Proposals and shall not be liable for any expenses or costs incurred by Proposers in preparing their Proposals. The City shall also have the right to accept or reject alternates in any order or combination, unless otherwise specifically provided in these Specifications. The City will rank the Proposals by assigning points in accordance with the following scoring system: Criteria Maximum Equivalent Points Weight Qualifications, Business History and Past Performance 30 30% Workplan, Project Approach 20 20% Responsiveness Proposal Price Totals 17, PRELIMINARY EVALUATION 10 10% 40 40% 100 100% After receipt of the Proposals, the City will perform a preliminary evaluation using the scoring system described in paragraph 16 above. The top three (3) Proposers will be invited for in-depth interviews, the exact date, time, and location to be announced. 18. FINAL EVALUATION AND AWARD OF CONTRACT After the top Proposers have been interviewed, final evaluation scores will be calculated using the scoring system described in paragraph 16 above, and the Proposer with the highest final score will be awarded the Contract. 19. EXECUTION OF CONTRACT A. Within fourteen (14) calendar days after being notified by City that he/she has been awarded the Contract, Contractor shall deliver to the City the following documents: Three (3) copies of the Contract in the form included herein, properly executed by Contractor and, if the Contractor is a corporation, evidence of its corporate existence and I&A FfB -245- Item 7. - 197 that the persons signing the Contract are authorized to do so. All signatures must be notarized. Properly executed copies of the (a) Performance Bond and (b) Labor and Material (Payment) Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized. Properly executed policies of (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, (c) the Excess or Liability Insurance, (d) the Waiver of Subrogation Clause, (e) Professional Liability, if required, and (f) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following Working Day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said three (3) copies to Contractor for his/her files. 20. FAILURE TO EXECUTE A CONTRACT If the Proposer to whom the award is made fails to enter into the Contract as herein provided and furnish the said bonds and insurance within twenty-one days of the award, this shall be just cause for the annulment of the award, and an award may, in the discretion of the City, be made to the Proposer whose proposal is the next most acceptable to the City in the opinion of the City Council, and such Proposer shall fulfill every term, covenant and condition herein as if he/she were the party to whom the first award was made. [END OF DOCUMENT M., Item 7. - 198 FIB -246- PROPOSAL The undersigned submits this Proposal in response to the Notice Inviting Proposals issued by the City to construct the Work of the following Project in accordance with the Contract Documents: TREE MAINTENANCE SERVICES Date TO THE CITY OF GLENDALE, CALIFORNIA Pursuant to the foregoing Request for Proposal, the undersigned Proposer herewith submits a Proposal on the form or forms attached hereto and made a part hereof, and binds himself/herself on award by the City of Glendale under this Proposal to execute in accordance with such award a Contract, of which this Proposal and the said Notice to Contractors, Instructions to Proposers, Specifications, and Drawings shall be a part, and to furnish the bond or bonds required by the Specifications. The attached Request for Proposals, Instructions to Proposers, and Specifications are made a part of this Proposal and all provisions thereof are hereby accepted. In the event of a dispute based upon the Proposer's submission of this Proposal and the City's acceptance of same, the proposer will be required to indemnify, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the proposal in compliance with State, Federal and local laws. Firm Signature Add Zip Phone FAX (CORPORATE SEAL AND NOTARIAL ACKNOWLEDGEMENTS OF SIGNATURE REQUIRED) Nature of firm (corporation, partnership, etc.) and names of individual members of the firm, or names and titles of officers of the corporation. Corporation organized under the laws of the State of: F-1 HB -247- Item 7. - 199 PROPOSALFORM Tree Maintenance Services. Pursuant to and in compliance with your Request for Proposals and Contract Documents relating to the Project: Glendale Tree Maintenance Services including Addenda Nos. the undersigned Proposer, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) at the following unit prices: Item No. Description Unit Unit Price 1 a. Street Tree Maintenance Tree / Pruning Each 0" — 6" Diameter Standard Height 1 b. Street Tree Maintenance Tree / Pruning Each 7" —12" Diameter Standard Height 1c. Street Tree Maintenance Tree / Pruning Each 13" —18" Diameter Standard Height 1d. Street Tree Maintenance Tree / Pruning Each 19" — 24" Diameter Standard Height le, Street Tree Maintenance Tree / Pruning Each 25" — 30" Diameter Standard Height 1f. Street Tree Maintenance Tree / Pruning Each 31" — 36" Diameter Standard Height 1 g. Street Tree Maintenance Tree / Pruning Each 36"+ Diameter Standard Height 2a. Parks Tree Maintenance / Tree Pruning Each 0" — 6" Diameter Standard Height 2b. Parks Tree Maintenance / Tree Pruning Each 7" —12" Diameter Standard Height 2c. Parks Tree Maintenance / Tree Pruning Each 13" —18" Diameter Standard Height 2d. Parks Tree Maintenance / Tree Pruning Each 19" — 24" Diameter Standard Height 2e. Parks Tree Maintenance / Tree Pruning Each 25" — 30" Diameter Standard Height 2f. Parks Tree Maintenance / Tree Pruning Each 31" — 36" Diameter Standard Height 2g. Parks Tree Maintenance / Tree Pruning Each 36"+ Diameter Standard Height 3a. Service Request Tree Pruning Each 0" — 6" Diameter Standard Height 3b. Service Request Tree Pruning Each 7" —12" Diameter Standard Height 3c. Service Request Tree Pruning Each 13" —18" Diameter Standard Height 3d Service Request Tree Pruning Each 19" — 24" Diameter Standard Height 3e. Service Request Tree Pruning Each 25" — 30" Diameter Standard Height F-2 Item 7. - 200 HB - 48- 3f. Service Request Tree Pruning 31" — 36" Diameter Standard Height Each 3g. Service Request Tree Pruning 36"+ Diameter Standard Height Each 4. Tree Crown Raising Each 5a. Palm Tree Pruning on a 3-year cycle) Each 5b. Palm Tree Pruning on a 1- ear cycle) Each 6. Tree Removal Only Inch in DBH 7. Complete Tree and Stump Removal Inch in DBH 8. Stump Only Removal Inch 9. Tree Planting 24 inch box w/o root barrier Each 10 Tree Planting 24 inch box with root barrier Each 11, Tree Root Pruning Each 12, Tree Watering Da 13. Crew Rental Hour 14 Emergency Crew Rental Hour 15. ISA Certified Arborist Consulting Hour 16 Complete Inventory Including GPS Data and Documentation of All Trees at City Parks and Facilities Cost for Entire Project 17, Complete Inventory Including GPS Data and Documentation of All City Street Trees Per Tree Site Note: Before the Contract is signed, the Contractor shall file with the Deputy Director of Public Works — Maintenance Services or his/her designee a detailed estimate (cost breakdown) or list of unit prices used in making its proposal. Said detailed estimate or list of unit prices shall be sufficiently detailed and itemized to enable the Deputy Director of Public Works - Maintenance Services or his/her designee to make equitable monthly estimates and must be approved by the Deputy Director of Public Works - Maintenance Services or their designee before the contract is signed. The use of said detailed estimate or list of unit prices is for the purpose of preparing estimates of payments as they become due, The amount to be paid shall not exceed the amount proposed. Award of Contract will be based on the Evaluation Criteria and Evaluation Scoring System of these Specifications. NOTES: 1. All amounts and totals given in the Proposal Form will be subject to verification by the Proposer. In case of variation between the unit price and the total cost shown by Proposer, the unit cost will be considered to be his/her Proposal. 2. The Proposal price shall include all State, Federal, and other taxes applicable to the project, and shall be a firm offer for a period of 90 days after the date of proposal submittal. The Proposer to acknowledge receipt of all Addenda. The cover sheet of each Addendum issued shall be signed by the Proposer and attached herewith. 4. The undersigned, under penalty of perjury, acknowledges that they are authorized by the Proposer to submit a Proposal for said Proposer. Respectfully submitted: Signature and Printed Name Address F-3 HB -249- Item 7. - 201 Title Date (SEAL - if Proposal is by a corporation) Attest F-4 Item 7. - 202 HB -250- IZDiNA,l1.34ii14MI [ITTIVIO The undersigned hereby certifies to the City of Glendale that he/she is the duly elected and acting Secretary of (the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named below are the duly elected, qualified and acting officers of the Company, holding on the date hereof the offices set forth opposite their names and are authorized to sign this Proposal and Proposal Form NAME OFFICE IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this day of Secretary F-5 HB -251- Item 7. - 203 2. 3. PROPOSER'S QUALIFICATIONS STATEMENT ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 2.2 How many years has your organization been in business under its present name? 1.2.1 Under what other names has your organization operated? 1.3 If your organization is a corporation or a limited liability company, answer the following: 1.3.1 Date of incorporation/organization: 1.3.2 State of incorporation/organization: 1.3.3 Corporate ID number: 1.3.4 Name of President or Manager(s): 1.3.5 Agent for Service of Process: 1.4 If your organization is a partnership, answer the following: 1.4.1 Date of organization/formation: 1.4.2 Type of partnership (if applicable): 1.4.3 Name(s) of general partner(s): 1.4.4 List all states in which you are registered and state ID numbers for each: 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: 1.5.2 Name of owner: 1.6 If the form of your organization is other than those listed above, describe it and name the principals: LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of license, if applicable. 2.2 List jurisdictions in which your organization's partnership or trade name is filed. 2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. 2.4 Include Statement and copies of California C-27 and a C-61/D49 Contractor's License and ISA Certifications as applicable and its expiration dates. EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own personnel. 3.2 Claims and Suits (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any Work awarded to it? 3.2.2 Has your organization ever been debarred from bidding or proposing on any public work of improvement by any state, county or local government agencies? If so, please explain. 3.2.3 Has your organization ever been assessed liquidated damages on any public work of improvement? If so, please explain. 3.2.4 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? 3.2.5 Has your organization filed any lawsuits or requested arbitration with regard to tree maintenance work within the last five (5) years? 3.2.6 Have you or, if Proposer is a corporation, any principal of the corporation ever been convicted of a felony? If your answer is "Yes", please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence. 3.2.7 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures ? If so, please explain. F-6 Item 7. - 204 HB -252- 3.2.8 Has any governmental agency ever submitted a complaint against you to the California State Labor Commission for failure to submit certified payrolls? If your answer is "Yes', please provide the details of such complaint. 3.3 Within the last five years, has any officer or principal of your organization ever been an officer of another organization when it failed to complete a tree maintenance Contract? (If the answer is yes, please attach details.) 3.4 On a separate sheet, list major projects your organization has in progress, giving the name of the project, owner and scheduled completion. 3.4.1 State total worth of Work in progress and under Contract: 3.5 On a separate sheet, list all tree maintenance contracts your organization has completed in the past seven years, giving the name of project, a project description, owner, owner's phone number, project manager, Contract amount, date of completion and percentage of the cost of the Work performed with your own forces. 3.5.1 State average annual amount of tree maintenance Work performed during the past seven years: SURETY 4.1 If a performance and/or payment bond is required by this proposal, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project: 4.2 Name and address of agent: ADDITIONAL QUALIFICATIONS 5.1 List names, staff qualifications and proposed duties of staff being assigned to this project. Personnel must be qualified and trained in the tree maintenance industry according to the most recent standards of the American National Standards Institute for Arboricultural Operations: ANSI A300 and Z133.1 including standard practices published in the ANSI companion publications for the Best Management Practices. Proposers shall identify at least two (2) ISA Certified Arborists who will be responsible for providing project management for duration of the project as well as a full-time Site working Supervisor, who is an ISA Certified Arborist, capable of communicating with any citizen, employee or agent of the City and be authorized to act on behalf of the firm. 5.2 List names, staff qualifications and staff being available for this project to consult on tree health issues. 5.3 List of the equipment to be used for this project with corresponding AQMD requirements, OSHA certifications of all aerial equipment and the most recent California Highway Patrol Commercial Vehicle inspection report for the equipment. Explain how you plan on completing work in equipment breaks down. 5.4 Provide a written description of the firm's ability undertake a GPS based field inventory and provide accurate inventory updates for all trees serviced into a tree management program as currently used by the City. Names, staff qualifications and staff being available for this project to provide technical support for inventory software. 5.5 Provide firm's emission control program conforming to the latest requirements of the Air Quality Management District for Southern California (AQMD), and OSHA certification of all aerial equipment, and the most recent California Highway Patrol Commercial Vehicle inspection report for equipment to be used throughout the term of this contract. 5.6 Provide five (5) references with contact information for the main agency manager. F-7 tag -253- Item 7. - 205 C.1 PROPOSED SERVICES 6.1 Provide a detailed description of the proposed services to be performed along with schedules, list of personnel, and vehicles that would be required to complete this project. Explain how you will respond to City's request for emergency work. 6.2 Provide a written Quality Control Plan specifying means of identifying and correcting problems throughout scope of operations. The Quality Control Plan shall provide an effective and efficient means of identifying and correcting problems throughout scope of operations. The successful Contractor shall be required to comply with this quality control throughout the term of the contract. This shall include the following: 6.21 Provide a written description of methodology to be used for notifying residents prior to commencement of tree work. City uses sign posting and door -hangers. 6.22 Provide a specified methodology in which the firm will handle complaints from public and damage to public and private property. 6.23 Provide a written description of the firm's plan to report green -waste generated and the method for its disposal. 6.24 Written explanation of means the firm will use for completing the project. 6.3 Provide a written description of the firm's internal tree maintenance and arboricultural training program, which must include training in American National Standard Institute standards for Arboricultural Operations and International Society of Arboriculture (ISA) guidelines as required conforming to the City of Glendale standards. 6.4 Provide a written description of the firm's Customer Service Program including a written methodology to be used for notifying residents prior to the commencement of tree work. 6.5 Provide an inventory of the Contractor's equipment to be used in this contract. Include the brand name, model number, age, weight and capacities of all equipment to be used. . F-8 Item 7. - 206 HB -254- QUESTIONNAIRE REGARDING SUBCONTRACTORS Proposer/Bidder shall answer the following questions and submit with his/her Contract proposal. 1. Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your proposal? Yes ❑ No ❑ 2. If the answer to No. 1 is "Yes", please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ❑ No ❑ 5. If the answer to No. 4 is "Yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) 6. Omit. 7. Omit. 8. We declare under penalty of perjury that the foregoing is true and correct. Dated this day of , 20_ Name of Company A Title All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the proposer. Signature of Proposer. Return With Proposal F-9 t-IQ -255- Item 7. - 207 Company Name: _ Primary Type of Work: Person Completing Form: Title: Signature: CONTRACTOR SAFETY QUESTIONNAIRE Phone Number: Date: SAFETY PERFORMANCE 1. List your company's Interstate Experience Rating Modifier (ERM) for the three most recent years. 2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 20 2020 a. Fatalities b. OSHA recordable incidents c. Lost work day incidents d. Total lost work days e. Total hours worked 3. Please provide copies of the following: Check if Enclosed a). OSHA 300 logs for the most recent three years ❑ e).Training Plans - * ❑ and current year-to-date b). Verification of ERM from your insurance carrier ❑ f).Training Certificates for Employees - *❑ c). Injury/Illness Report ❑ g),Emergency Response Training - * ❑ d). Complete written Safety Program - * ❑ h).Safety Manual ❑ Primary contractors must submit all information requested on No. 3. (a-g) to the City. Subcontractors must submit information (a-c) to the City and d-g to the primary contractor and should be made available to the City upon request. 4. Company Safety Contact: a. Name a SAFETY PROGRAM 1. SAFETY PROGRAM DOCUMENTATION Circle One a. Do you have a written Safety Manual that meets SB 198 Yes No requirements for injury and illness prevention? 1) Last revision date F-10 Item 7. - 208 HB -256- b. Do you have a written safety field manual? Yes No c. Are all workers given a booklet that contains work rules? responsibilities and other appropriate information? Yes No 2. POLICY AND MANAGEMENT SUPPORT a. Do you have a safety policy statement from an officer of Yes No the company? b. Do you have a disciplinary process for enforcement Yes No of your safety program? c. Does management set corporate safety goals? Yes No d. Does executive management review: ❑ Accident reports? ❑ Safety statistics? ❑ Inspection reports? e, Do you safety pre -qualify subcontractors? Yes No f. Do you have a written policy on accident reporting Yes No and investigation? g. Do you have a light -duty, return -to -work policy? Yes No h. Is safety part of your supervisor's performance evaluation? Yes No i. Do you have a personal protective equipment (PPE) policy Yes No j. Do you have a written substance abuse program? Yes No If yes, does it include: ❑ Pre -employment testing ❑ Return -to -duty testing ❑ Random testing ❑ Disciplinary process ❑ Reasonable cause testing ❑ Alcohol testing ❑ Post accident testing ❑ National Institute on Drug Abuse ❑ Panel Screen k. Does each level of management have assigned safety Yes No duties and responsibilities? 2, TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? Yes No b. Do you conduct site safety orientation for every Yes No person new to the job site? c. Does your safety program require safety training meetings? Yes No for each supervisor (foreman and above)? How often? ❑ Weekly ❑ Monthly ❑ Quarterly ❑ Annually F-11 HB -257- Item 7. - 209 d. Do you hold tool box/tailgate safety meetings Yes No focused on your specific work operations/exposures? ❑ Weekly ❑ Daily e. Do you require equipment operation/certification training? Yes No f. Do you require crews to be trained and expected to adhere to Work Yes No Area Traffic Control Handbook (WATCH) standards for traffic control.? 3. ADMINISTRATION AND PROCEDURES a. Does your written safety program address administrative procedures? Yes No If yes, check which apply: Pre project/task planning _ Emergency procedures Record keeping _ Audits/inspections _ Safety committees _ Accident investigations/reporting HAZCOM _ Training documentation _ Substance abuse prevention _ Hazardous work permits _ Return -to -work _ Subcontractor prequalification b. Do you have project safety committees? Yes No c. Do you conduct job site safety inspections? How often? Yes No ❑ Daily ❑ Weekly ❑ Monthly Do these inspections includes a routine safety inspection of equipment (e.g., scaffold, ladders, fire extinguishers, etc.)? Yes No d. Do you investigate accidents? How are they reported? Yes No ❑ Total company ❑ By superintendent ❑ By project ❑ By project manager ❑ By foreman ❑ In accordance with OSHA e. Do you discuss safety at all preconstruction and progress? meetings? Yes No f. Do you perform rigging and lifting checks prior to lifting? Yes No ❑ For personnel ❑ For equipment ❑ Heavy lifts (more than 10,000 lbs.) 4. WORK RULES a. Do you periodically update work rules? When was the last update? 0=112 What work practices are addressed by your work rules? ❑ CPR/first aid ❑ Access—entrances/stairs ❑ Barricades, signs, and signals ❑ Respiratory protection ❑ Blasting ❑ Material handling/storage ❑ Communications ❑ Temporary heat F-12 Item 7. - 210 t-]B -258- ❑ Compressed air and gases ❑ Concrete work ❑ Confined -space entry ❑ Cranes/rigging and hoisting ❑ Electrical grounding ❑ Environmental controls and Occupational health ❑ Emergency procedures ❑ Fire protection and prevention ❑ Floor and wall openings ❑ Fall protection ❑ Housekeeping ❑ Ladders and scaffolds ❑ Mechanical equipment/ maintenance/pre-op checks/ operation ❑ Welding and cutting (hot work) ❑ Vehicle safety ❑ Traffic control ❑ Site visitor escorting ❑ Public protection ❑ Equipment guards and grounding ❑ Monitoring equipment ❑ Flammable material handling/storage ❑ Site sanitation ❑ Trenching and excavating ❑ Lockout/Tagout ❑ Energized/pressurized equipment ❑ Personal protective equipment ❑ Tools, power and hand ❑ Electrical power lines ❑ Other 5.OSHA INSPECTIONS 1. Have you been inspected by OSHA in the last three years? Yes No 2. Were these inspections in response to complaints? Yes No 3. Have you been cited as a result of these inspections? Yes No If yes, describe the citations: F-13 11B -259- Item 7. - 211 DESIGNATION OF SUBCONTRACTORS NAME OF PROPOSER Subcontractors that will be performing work under these specifications shall have a State of California Contractor's license in good standing at the time proposals are received. Each Proposer shall set forth below the name and location of the place of business of each subcontractor who will perform any service to the Contractor in or about the performance of the work contained in these Specifications. Please type or legibly print (attach additional sheets as necessary). Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No,: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No,: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No,: License No.: F-14 Item 7. - 212 H B -260- Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: Scope of Work to be performed: Name under which Subcontractor is licensed: Business Address: Telephone No.: License No.: F-15 11B_261_ Item 7.-213 DESIGNATION OF SUBCONTRACTORS The Contractor shall not: A. Substitute any person as subcontractor in place of the subcontractor listed in the original proposal, except that the City may consent to the substitution of another person as subcontractor: 1. When the subcontractor listed in the proposal, after having had a reasonable opportunity to do so, fails or refuses to execute a written Contract, based upon the general terms, conditions, plans and specifications for the project involved or the terms of such Contractor's written proposal, is presented to him by the Contractor, or 2. When the listed subcontractor becomes bankrupt or insolvent, or 3. When the listed subcontractor fails or refuses to perform his/her subcontract, or 4. When the listed subcontractor fails or refuses to meet the bond requirements of the Contractor, or 5. When the Contractor demonstrates to the City that the name of the subcontractor was listed as the result of an inadvertent clerical error, or 6. When the listed subcontractor is not licensed pursuant to the Contractors License Law, or 7. When the City determines that the Work performed by the listed subcontractor is substantially unsatisfactory and not in substantial accordance with the Request for Proposals and/or contract documents, or that the subcontractor is substantially delaying or disrupting the progress of the Work. B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original proposal, without the consent of the City, C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's total proposal as to which his/her original proposal did not designate a subcontractor. Prior to approval of a Contractor's request for a subcontractor substitution, the City will give notice in writing to the listed subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed subcontractor's consent to the substitution. If written objections are filed, the City will give notice in writing of at least five (5) Working Days to the listed subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a subcontractor, shall within two Working Days after the time of the proposal due date, give written notice to the City and copies of such notice to both the subcontractor he/she claims to have listed in error and the intended subcontractor who had bid to the Contractor prior to the proposal due date. Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's total proposal as to which no subcontractor was designated in the original proposal shall only be permitted in cases of F-16 Item 7. - 214 HB -262- public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity. If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, of (1) canceling this Contract, or (2) assessing the Contractor a penalty in an amount not more than ten percent of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. [END OF DOCUMENT) F-17 1-11.3.763_ Item 7. - 215 STATE OF CALIFORNIA COUNTY OF CONTRACTOR'S AFFIDAVIT OF NONCOLLUSION being first duly sworn, deposes and says: 1. That he/she is the (Title of office if a corporation: "sole owner," "Partner," or other proper title) of , (hereinafter called "Contractor") who has submitted to the City of Glendale a Proposal for the provision of Tree Maintenance / Services for Street -Side Right -of -Way Trees. 2. That said Proposal is genuine; that the same is not sham; that all statements of fact therein are true; 3, That said Proposal is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham proposal or bid, to refrain from proposing, or withdraw his/her proposal, to raise or fix the proposal or bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Glendale, or of any other proposer, or anyone else interested in the proposed Contract; 5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other proposers or induce action prejudicial to the interests of the City of Glendale or of any other proposer, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any proposal from any subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any proposal from any subcontractor or material supplier, which is not processed through said bid depository, or which prevent any subcontractor or material supplier from proposing to any Contractor who does not use the facilities of or accept proposals from or through such bid depository; [CONTINUED ON NEXT PAGE] F-18 Item 7. - 216 FIB -264- 7. That the Contractor did not, directly or indirectly, submit the Contractor's proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Glendale, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. Dated this day of at MonthNear City State Contractor Title Subscribed and sworn to before me this Day of ,20 Notary Public in and for said County and State (SEAL) [END OF DOCUMENT] F-19 HB -265- Item 7. - 217 PRE -PROPOSAL SITE INSPECTION CERTIFICATION The proposer hereby certifies that he/she and his/her subcontractors have inspected the site and related request for proposals and contract documents and fully acquainted themselves with all conditions and matters which might in any way affect the work and scheduling. The proposer also certifies he/she has observed the designated work areas and access routes, if disclosed or shown, as part of work in this Contract. NAME OF PROPOSER: Date: Persons who inspected site of the proposed Work for your firm: Name Date of Inspection Title Name Title F-20 Date of Inspection Item 7. - 218 HB -266- City of Glendale Disclosure - Campaign Finance Ordinance - CONTRACTS Contracts with the City of Glendale, Glendale Redevelopment Agency and Housing Authority In August 2011, the Glendale City Council adopted Ordinance No. 5744, which becomes effective on September 9, 2011 ("Ordinance"). The Ordinance prohibits campaign contributions from parties who contract with the City of Glendale, Glendale Redevelopment Agency, or the Housing Authority of the City of Glendale and prohibits Council Members from voting on matters pertaining to contracts with persons who have provided campaign contributions. Contractor* Address * "For purposes of the Ordinance, the Contactor is any "person" who is the party or prospective party to the contract with the City, GRA or HA or any member of that party's Board of Directors, its chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest of more than ten percent (10%) in the party, and any campaign committee, that is sponsored or controlled by the party. Please disclose the names of these persons above. Subcontractor ** Address " "Subcontractor" means a person who has entered into a contract for the performance of all or a portion of the work undertaken under an agreement with an architect, design professional, engineer, or general or prime contract, usually by a general or prime contractor. For purposes of the "subcontractor', "Person" includes the subcontracting party as well as any member of that party's Board of Directors, its chairperson, chief executive officer, chief financial officer, chief operating officer, any person with an ownership interest of more than ten percent (10%) in the party, and any campaign committee that is sponsored or controlled by the party. Please list the name and addresses of all of these persons under "subcontractor." Certification I hereby certify, on behalf of the above -named contractor, that the names of all "persons" of the contractor and subcontractor under the contract are fully set forth above. I further acknowledge that the applicant has a continuing obligation to update this disclosure form if the applicant selects additional or substitute architects, design professionals, contractors or subcontractors F-21 1-113.267_ Item 7. - 219 within ten (10) days of the selection or change. I hereby certify that I have been legally authorized by the contractor to submit this disclosure form and certify to the content hereof. Executed on at , California Contractor's Signature , Print Applicant's Full Name Contractor's Address Contractor's Contact Phone Number Contractor's Email Address F-22 Item 7. - 220 HB -268- F-23 Ha -269- Item 7. - 221 CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Glendale, California this _ day of , 20 _, by and between the CITY OF GLENDALE, a chartered municipal corporation (hereinafter "City") and a (Insert State of Incorporation] corporation (hereinafter "Contractor"), for construction of Tree Maintenance / Services for Street -Side Right -of -Way Trees. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS Contractor agrees to provide tree maintenance services, tree and tree site evaluation, tree pruning, palm tree pruning, tree removal, tree planting, tree root pruning, tree watering, tree inventory maintenance and technical support, reporting, inspection, equipment procurement, site preparation, fabrication of equipment, installation of equipment, project management, and commissioning for service for the Tree Maintenance / Services for Street - Side Right -of -Way Trees for the City of Glendale in accordance with the documents hereinafter described, which are by reference incorporated herein and made a part hereof. A. This Agreement, including all Exhibits and attachments; B. Request for Proposals for the Tree Maintenance / Services for Street -Side Right -of -Way Trees including ascertainment of prevailing wage scale established by Resolution of the City Council of the City of Glendale, which wage scale is on file and available for inspection by any party at the City Clerk's Office, C. Notice Inviting Proposals; D. Instructions to Proposers; E. Contractor's Proposal; F. Proposal Form; G. Special Conditions and H. Request for Proposals Addenda Nos. I. Federal Forms [CONTINUED ON NEXT PAGE] FA-1 Item 7. - 222 i ­1 a 70- 3. TIME FOR PERFORMANCE Contract Time. The work schedule will be approved by the Deputy Director of Public Works - Maintenance Services at the beginning of the Contract. The work schedule may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Failure of the Contractor to maintain the established work schedule without prior approval of the Deputy Director of Public Works - Maintenance Services will result in damages being sustained by the City which damages cannot be readily determined. For each consecutive calendar day in which the work schedule is not adhered to, the Contractor shall pay to the City, or at the City's discretion, have withheld from monies due it, the sum of One Hundred Dollars ($100.00) unless otherwise provided in the Special Conditions. Such sum is liquidated damages and shall not be construed as a penalty, and that such sum may not be deducted from payments due the contractor if such delay occurs. 4. CONTRACT SUM In consideration of the Contractor's full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of dollars/no cents ($ ), payable as set forth in the General Conditions ("Contract Sum"). 5. CERTIFICATION BY CONTRACTOR I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor Initial here: 6. TERM OF CONTRACT. The term of this agreement shall be for a period of five years (1, 827 days) beginning on the date of certification by both City and Contractor and may be terminated by either party by giving 30 days written notice to the other party. If, in the sole judgment of the Deputy Director of Public Works - Maintenance Services, the Contractor has failed to comply with the terms set forth in the contract, the contract may be terminated upon five days written notice to the Contractor. FA-2 HB -271- Item 7. - 223 IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. APPROVED AS TO FORM: CITY ATTORNEY Date: [Contractor) By: Date: An Authorized Signatory CITY OF GLENDALE Scott Ochoa, City Manager Date: [END OF DOCUMENT] FA-3 Item 7. - 224 IdB -272- GENERAL CONDITIONS ARTICLE 1 PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings; A. Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and Contractor for, a change in the terms or conditions of the Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the Contract Sum; and the extent of the adjustment, if any, in the Contract Time, B. Change Order Request (COR). A Change Order Request is a written document originated by the Contractor, which describes an instruction issued by the City after the effective date of the Contract, which Contractor believes to be a scope change that may result in changes to the Contract Sum or Contract Time or, which describes the need for or desirability of a change in the Work proposed by Contractor. C. City or Owner. The City of Glendale, California, acting through its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. D. Contract Documents. The Contract Documents consist of the documents enumerated as such in the Agreement between City and Contractor, all Addenda issued prior to and all Modifications issued after the effective date of the Agreement. E. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents, F. Contract Time. The work schedule as approved by the Deputy Director of Public Works - Maintenance Services at the beginning of the Contract. G. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom the Contract is made by said City, or the agent or legal representative who may be appointed to represent such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the Contract as general contractor for construction of the work. H. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. I. Day. The terms "day' or "days" mean calendar days unless otherwise specifically designated in the Contract Documents. The term "Work Day" or "Working Day' shall mean any calendar day except Saturdays, Sundays and City -recognized legal holidays. J. Deputy Director of Public Works — Maintenance Services. The Deputy Director of Public Works Maintenance Services or his/her designee shall be the lead project manager for the City and the City Representative. GC- 1 IAB -273- Item 7. - 225 K. Director. The Director of Public Works or his/her duly appointed representative including but not limited to the Deputy Director of Public Works - Maintenance Services. L. Extra Work. Work required to be performed by Contractor that is not described in, or reasonably inferable from, the Contract Documents, the performance of which requires the expenditure by Contractor of additional and unforeseen costs. M. Field Directive. A Field Directive is a unilateral written order prepared and signed by the City directing the Contractor to perform a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. N. Force Majeure. "Force Majeure" includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. 0. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the Date of Commencement for the Work. P. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. Q. Proposal. Contractor's written bid proposal submitted to City for the Work in response to the Notice Inviting Proposals, R. Proposer. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a proposal on these Contract Documents or any part thereof. S. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. T. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. U. Unilateral Change Order. A Unilateral Change Order is an unilateral written order prepared and signed by the City, directing Contractor to perform a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. V. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. GC- 2 Item 7. - 226 HB -274- C. The Deputy Director of Public Works - Maintenance Services or their designee shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work and shall decide all questions which may arise as to the interpretation of the specifications and plans, and all questions as to the performance of the contract by the Contractor, including compensation. His decisions shall be final, and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails promptly to perform, The Contractor shall secure approval by the Deputy Director of Public Works - Maintenance Services or their designee of any construction details not shown in detail on the plans. 1.03 PERMITS, LICENSES AND UTILITIES If needed, the Contractor shall apply for and obtain all applicable permits required by other Federal, State and County agencies as well as the City of Glendale. All permits and licenses shall be obtained by and at the expense of the Contractor and/or subcontractors, permit fees payable to the City of Glendale shall be waived. The Contractor shall enforce the permit requirements. 1.04 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 1.05 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director reasonable means by which the City may obtain such information as he/she may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine its costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. 1.06 ANNUAL MAINTENANCE CALENDAR The Contractor shall, within thirty (30) days or the Effective Date of this agreement, prepare and submit a written annual maintenance calendar to the Deputy Director of Public Works - Maintenance Services. This maintenance calendar shall clearly indicate all of the major maintenance tasks required by this agreement and the month of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Deputy Director of Public Works - Maintenance Services for approval prior to the date the changes are to take effect. 1.07 Omit. 1.08 PRECEDENCE OF CONTRACT DOCUMENTS, A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: Permits issued by regulatory agencies required for the Work. GC- 3 HB -275- Item 7. - 227 2. Modifications issued after execution of the Contract (including modifications to Plans and Specifications) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda. Supplementary Provisions, if any. 5. Specifications 6. Notice Inviting Proposals, Instructions to Proposers and Proposer's Proposal 1.09 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director, 1.10 REPORTS A. Daily Reports. Contractor shall maintain a daily report for each day containing a record of weather, Contractor's own forces working on site, Subcontractors working on the site, the number of workers for each Subcontractor on site, materials delivered, Work accomplished, problems encountered and other similar relevant data as the City may reasonably require. The daily report shall be signed by Contractor's Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. B. Weekly Reports. The Contractor shall complete a weekly maintenance report indicating work performed and submit said completed weekly report to the Deputy Director of Public Works - Maintenance Services. This report shall include the amount of reclaimed water used each week in gallons. This report should also contain a description, including man-hours, equipment, and material breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. 1.11 CHARACTER OF WORKERS If any person employed by the Contractor shall appear to the Deputy Director of Public Works - Maintenance Services or his/her designee to be incompetent or to act in a disorderly or improper manner, said person shall be discharged from working on this contract and such person shall not be employed again on the work. 1.12 WORKMANSHIP AND SUPERVISION GC- 4 Item 7. - 228 HB -276- The Contractor shall provide a work force sufficient to complete the work as it is specified. Work shall be performed by competent and experienced workers. Tree pruning and tree maintenance shall be performed by workers skilled and experienced with this process. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. The CONTRACTOR shall have work crews on site that are represented by a supervisor who is able to receive and carry out instructions as given by Deputy Director of Public Works - Maintenance Services(s). All personnel working at the outlined areas shall be of good character, neat appearance, and in appropriate dress as approved by the Director or his representative. All personnel shall wear identification badges or patches. 1.13 Omit. 1.14 CONTRACTOR'S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Glendale, the staging area must be enclosed at Contractor's expense with construction fencing covered with a mesh screen to limit visibility to the site. Approval of the Neighborhood Services Department is required to ensure that private properties with code enforcement problems are not used. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] GC- 5 HB -277- Item 7. - 229 ARTICLE 2 PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK - GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligation under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 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; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. 2.04 Omit. 2.05 COMMUNICATIONS REGARDING THE WORK NOTICES AND COMMUNICATIONS A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and with receipt confirmed by telephone, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: of Glendale Maintenance Services Division Deputy Director 541 W. Chevy Chase Drive Glendale, California 91204 Attention: Dan Hardgrove Phone: 818 548-3950 Facsimile: 818 547-0637 Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing, GC- 6 Item 7. - 230 I�B -278- notices sent by telefax after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all other notices received after 5:00 p.m, shall be deemed received on the first business day following delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of the fax must have been received before 4:00 p.m.). Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys. D. JOB SUPERINTENDENT. The Contractor shall keep on its work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Deputy Director of Public Works - Maintenance Services or their designee. The superintendent shall not be changed except with the consent of the Deputy Director of Public Works - Maintenance Services or their designee, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. 2.06 INDEPENDENT CONTRACTOR The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not as an agent, employee, partner, or joint venture of the City. 2.07 EMERGENCY WORK A. During Working Hours: In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work, B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. GC- 7 IAB -279- Item 7. - 231 2.08 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. Each subcontractor shall provide for its annulment at the order of the Director, if, in his/her opinion, the subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to his/her Work. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any subcontractor and the City. C. The Contractor shall be considered the employer of and as fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them as he/she is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, subcontractors, and material suppliers engaged upon his/her Work. It shall be his/her duty to see that all of his/her subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. The City will not undertake to settle differences between the Contractor and his/her subcontractors or between subcontractors. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.09 Omit. 2.10 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.11 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor's sole expense. 2.12 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the proper owners or authorities, All damages and losses incurred shall be paid by the Contractor. GC- 8 Item 7. - 232 HB -280- 2.13 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss: Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. B. Materials and Facilities: The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance, and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor's expense. C. Laws and Regulations: The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall forthwith report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall promptly notify the Director. GC- 9 H13 -281- Item 7. - 233 If such applicable law requirement was not in effect on the date of submission of proposals, any necessary adjustment of the Contract price shall be made as provided in Article 6 (changes clause) of the General Conditions. If such applicable law requirement was in effect on said date of proposal submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work, 2.14 GUARANTEE OF WORK A. The Contractor guarantees all materials and workmanship against defects for a period of one year, unless a longer period of time is noted otherwise, from the date of Final Acceptance of all Work performed under the Contract. The date of Final Acceptance will be established and confirmed in writing by the Director. B. The Contractor assumes responsibility for said one-year guarantee, unless noted otherwise, for all Work and materials provided or performed by subcontractors, manufacturers, or suppliers. C. Within a period of one year, unless noted otherwise, after Final Acceptance of the Work the Contractor hereby agrees that if any portion of the Work installed, constructed, or performed fails to fulfill any of the requirements of the Contract, he/she will, without delay and with the least practicable inconvenience and without further cost to the City, repair or replace defective or otherwise unsatisfactory Work or materials. D. Should the Contractor fail to act promptly in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before the Contractor can be notified or can respond to notification, the City may at its option make the necessary repairs or replacements, or perform the necessary Work, and the Contractor shall pay to the City the actual cost of such repairs plus 15 percent, or City may charge such costs to the Contractor's retention. E. The Contractor shall be responsible for the full expense incidental to making good any and all of the above guarantees and Contracts. 2.15 SAFETY AND SANITATION. The contractor shall take every possible step to insure the safety of City employees and members of the public during the course of the work. Unsafe conditions will result in an immediate shut down of the job upon order of the Deputy Director of Public Works - Maintenance Services, their designee or the City of Glendale Safety Administrator until such time as the condition is corrected to the satisfaction of the Deputy Director of Public Works — Maintenance Services or their designee causing the shut down. Any time lost due to a shut down for unsafe conditions will not entitle the Contractor to any extension of time. Additionally, the City will not be liable for any expenses incurred by the contractor as a result of a shut down for unsafe conditions. The Contractor shall keep and maintain all work areas in a sanitary condition. All such areas shall be kept free of all hazardous material, garbage, construction debris etc. Work site will be swept clean and rubbish removed daily. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to insure compliance. The Contractor shall do all of the following: GC-10 Item 7. - 234 FIB -282- A. Maintain the Site free of waste materials, debris, and rubbish. Maintain Site in a clean and orderly condition and Remove waste materials, debris and rubbish from site and dispose off -site legally. C. Contractor shall maintain at its disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. In addition, the Contractor shall fumish and operate a self -loading motor sweeper with spray nozzles as directed by the Director to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor's operation. For purposes of this Section, the affected areas includes the Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. The Contractor shall not proceed with Work until affected areas are clean to the satisfaction of the Director. D The Contractor shall take appropriate action to insure that no dust originates from the project site. E. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. F. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL — Omit. 2.18 SOLID WASTE DISPOSAL AND DIVERSION — Omit. 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to support the City in recycling efforts. It is City policy that all City Divisions and Sections shall utilize recycled, reusable, and recyclable products to the maximum extent practicable. Preference will be given to recycled, reusable and recyclable products, over non -recycled, non -reusable and non -recyclable products, fitness and quality being equal, whenever available at no more than the total cost of non -recycled, non -reusable and non -recyclable products. Contractors are encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. All Contractors that provide goods, supplies, or equipment to the City that contain recycled material shall provide in writing to the Director the following information: The minimum, if not the exact, percentage of recycled material, both post consumer waste and/or secondary waste, in the goods, supplies, or equipment; and 2. The quantity and total dollar amount of the goods, supplies or equipment provided to the City with recycled material content. [END OF ARTICLE] GC-11 H13 -283- Item 7. - 235 ARTICLE 3 TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement as set forth in the Notice to Proceed. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time, The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time, C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within Fourteen (14) calendar days following issuance of the Notice to Proceed ("Contract Time"). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. D. Temporary Suspension Of Work The Deputy Director of Public Works - Maintenance Services or his/her designee shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary: (a) due to unsuitable weather, operational conditions or other such conditions, or (b) due to failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract. The Contractor shall immediately comply with the written order of the Deputy Director of Public Works - Maintenance Services or their designee to suspend the work wholly or in part. The work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Deputy Director of Public Works - Maintenance Services or their designee. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. GC-12 Item 7. - 236 HJ3 -2811- 3.03 SUBSTANTIAL COMPLETION — Omit. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. — J. — Omit. 3.05 CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. B. If the Contractor believes that Work should be suspended under this Section 3.05, he/she may request such suspension. C. - D Omit. 3.06 COMPLETION AND ACCEPTANCE — Omit. 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of $100.00 (One Hundred Dollars) per day, with respect to Contractor's failure to maintain the established work schedule without prior approval of the Deputy Director of Public Works - Maintenance Services will result in damages being sustained by the City which damages cannot be readily determined. For each consecutive calendar day in which the work schedule is not adhered to, the Contractor shall pay to the City, or at the City's discretion, have withheld from monies due it, the sum of One Hundred Dollars ($100.00) unless otherwise provided in the Special Conditions. The work schedule will be approved by the Deputy Director of Public Works - Maintenance Services at the beginning of the contract. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City's damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. Omit. 3.08 Omit. [END OF ARTICLE] GC-13 HH -285- Item 7. - 237 ARTICLE 4 CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE — Omit. 4.02 MAINTENANCE SCHEDULE AND RECORD KEEPING. A. The Contractor shall keep accurate records concerning all of his employees or agents and provide the City with names, addresses, and telephone numbers of employees to be called in emergency. B. The Contractor shall be complete a weekly maintenance report indicating work performed and submit this completed report weekly to the Deputy Director of Public Works - Maintenance Services or his representative. This report shall include the amount of reclaimed water used each week in gallons. This report should also contain a description, including worker -hours, equipment, and material breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract. Under ordinary conditions, payment for this work will not be authorized unless the additional work, and costs thereof, are first approved in writing by the City. C. The Contractor shall, within thirty (30) days or the effective date of this agreement, prepare and submit a written annual maintenance calendar to the Deputy Director of Public Works - Maintenance Services. This maintenance calendar shall clearly indicate all of the major maintenance tasks required by this agreement and the month of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Deputy Director of Public Works - Maintenance Services for approval prior to the date the changes are to take effect. 4.03 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule 4.04 Omit. 4.05 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the weekly maintenance report is a condition precedent to City's obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold payment for noncompliance with this section shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. [END OF ARTICLE] GC-14 Item 7. - 238 Ha -286- ARTICLE 5 DEFAULT, REMEDIES, AND TERMINATION 15.01. Default. Default under this Agreement occurs upon any one or more of the following events: A. Contractor refuses or fails— whether partially, fully, temporarily, or otherwise— to: Provide or maintain enough properly trained personnel, or licensed personnel, or both, to perform the Services that this Agreement requires; 2. Pay for, obtain, maintain, or renew the insurance policies or coverages that this Agreement requires; 3. Comply with indemnification, defense, or hold harmless provisions that this Agreement requires; or B. Contractor, or its personnel, or both— whether partially, fully, temporarily, or otherwise: Disregards or violates a law, ordinance, rule, procedure, regulation, directive, or order; 2. Refuses or fails to pay for, obtain, maintain, or renew requisite licenses; 3. Refuses or fails to observe, perform, or fulfill a covenant, condition, obligation, term, or provision of this Agreement; 4. Commits an unlawful, false, fraudulent, dishonest, deceptive, or dangerous act while performing the Services under this Agreement; or C. Contractor: Or another party for or on behalf of Contractor: institutes proceedings under any bankruptcy, reorganization, receivership or other insolvency; or assigns or transfers assets to its creditors; 2. Delegates— whether in whole, in part, temporarily, or otherwise— its duties or obligations under this Agreement, without notifying City, or without City's written authorization; 3. Assigns, transfers, pledges, hypothecates, grants, or encumbers— whether in whole, in part, temporarily, or otherwise— this Agreement or any interest in it, without notifying City, or without City's written authorization; 4. Or one of its partners, directors, officers, or general managers, or a person who exercises managerial authority on Contractor's behalf, is convicted under state or federal law, during this Agreement's Term, of embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, receiving stolen property, or other offense indicating a lack of business integrity or business honesty; or D. Any other justifiable cause or reason, as reasonably determined by the City Manager, or a designee. GC-15 He -287- Item 7. - 239 15.02 Notice of Default. If CITY deems that Contractor is in Default, or that Contractor has failed in any other respect to satisfactorily perform the Services specified in this Agreement, CITY may give written notice to Contractor specifying the Default(s) that Contractor shall remedy within _ten (10) days after receiving the notice. The Notice of Default will set forth one or more bases for any dissatisfaction and may suggest corrective measures. 15.03 Remedies upon Default. Within ten (10) days after receiving CITY's Notice of Default, if Contractor refuses or fails to remedy the Default(s), or if Contractor does not commence steps to remedy the Default(s) to CITY's reasonable satisfaction, CITY may exercise any one or more of the following remedies: A. CITY may, in whole or in part and for any length of time, immediately suspend this Agreement until such time as Contractor has corrected the Default; B. CITY may provide for the Services either through its own forces or from another Contractor, and may withhold any money due (or may become owing to) Contractor for a task related to the claimed Default; C. CITY may withhold all moneys, or a sum of money, due Contractor under this Agreement, which in CITY's sole determination, are sufficient to secure Contractor's performance of its duties and obligations under this Agreement; D. CITY may immediately terminate the Agreement; E. CITY may exercise any legal remedy, or equitable remedy, or both, including, but not limited to, filing and action in court: Seeking Contractor's specific performance of all or any part of this Agreement; or Recovering damages for Contractor's Default, breach, or violation of this Agreement; or CITY may pursue any other available, lawful right, remedy, or action. 15.04 Termination for Convenience. Independent of the remedies provided in Paragraph 13.3, CITY may elect to terminate this Agreement at any time upon ten (10) days' prior written notice. Upon termination, Contractor shall receive compensation only for that work which Contractor had satisfactorily completed to the termination date. CITY shall not pay Contractor for de -mobilization, takedown, disengagement, wind -down, or other costs incurred arising out of this Agreement's termination. [END OF ARTICLE] GC-16 Item 7. - 240 HB -288- ARTICLE 6 CHANGES 6.01 ALTERATIONS AND CHANGES A. The City shall have the right to make such alterations, eliminations, and additions in the work herein contemplated or require such extra work as it shall find necessary in order to best accomplish the object and purpose thereof, and the same shall in no way affect or make void the contract, nor release the surety or sureties on any bond or bonds given to insure the performance thereof to protect laborers or material, men, and the cost thereof shall be deducted from or added to the contract price as the case may be. All such changes in the Work shall be authorized by Change Order or Unilateral Change Order and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. B. The Deputy Director of Public Works - Maintenance Services shall have authority to order changes, increasing or decreasing the scope of the work called for herein consistent with the purposes thereof. No changes shall be made, except on the written order thereof the Deputy Director of Public Works - Maintenance Services first being obtained. Unless such order is first obtained, the Contractor shall not be entitled to payment for changes. The City shall be entitled to a proportionate price reduction from the contract price for any changes reducing the cost of the work whether or not such order is first obtained. C. When changes in the work are ordered by the Deputy Director of Public Works - Maintenance Services, the Contractor shall furnish all labor, tools, material and equipment that may be necessary for the performance and completion thereof, and shall immediately proceed to perform or make the same. For such changes the Contractor shall receive compensation based upon the unit price, if any, quoted in the Contractor's proposal or upon prices previously agreed upon in writing. D. Minor changes not involving an increase or decrease in the contract price may be agreed to between the Deputy Director of Public Works - Maintenance Services and Contractor without written authorization, 6.02 Omit. 6.03 NO ESTOPPEL Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Unilateral Change Order. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Unilateral Change Order. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Unilateral Change Order. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. GC-17 HH -289- Item 7. - 241 6.04 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in the scope of work to the Director if, in the Contractor's opinion, any instruction, request, drawing, specification, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.05 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Section 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.06 CHANGE ORDER PRICING A. Alternative Methods of Pricing The amount of any adjustment by Change Order increasing or decreasing the Contract Sum shall be determined, in the sole discretion of City, using one or a combination of the following methods: 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs and Allowable Markups and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor's original Proposal and incorporated in Contract Documents or fixed by subsequent agreement between City and Contractor. Unless GC-18 Item 7. - 242 HB -290- otherwise stated in the Proposal Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. In the case of Extra Work only, by calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Markups on such Allowable Costs, B. Time and Materials Documentation Without limitation to any other provisions of the Contract Documents, Contractor's right to reimbursement of Allowable Costs incurred for Extra Work involved in the performance of a scope change on a time and materials basis pursuant to Section 6.06-A.3, above shall be conditioned on Contractor's compliance with the following conditions: 1. Labor. At the close of each week on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. 2. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. 3. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. 4. Subsequent Documentation. Documentation not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 5. Authentication. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. 6. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non -authenticated ticket or invoice. C. Allowable Costs The term "Allowable Costs" shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct GC-19 HB _291 - Item 7. - 243 performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 1. Labor. Straight -time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight -time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Section 5.04-C.3 above. 5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published Rental Rate Blue Book for Construction Equipment or the Rental Rate Blue Book for Older Construction Equipment as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work (the "Blue Book"). Contractor shall attach a copy of the rate schedule to the daily reports required by Section 6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Section 6.06-E below, no mark up shall be allowed for overhead, profit or bond premiums for use of GC-20 Item 7. - 244 >- B - 92- equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non -Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. 6. Royalties, Permits. Additional or saved costs of royalties and permits due to the performance of the Extra Work or deleted work. 7, Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1 %) of Items 1 through 6 above. D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor's and all Subcontractor's non - craft labor (above a Foreman level); 2. Overhead, administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On -site and off -site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11, Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Section 6.05-C. GC-21 IJB _293_ Item 7. - 245 E. Allowable Mark-ups. 1. If the Net Cost of Extra Work is less than or equal to $25,000, the Allowable Mark -Up shall be computed as follows: (a) For Extra Work performed directly by the Contractor's forces, the added cost for all expenses, overhead, profit, bond and insurance shall not exceed fifteen percent (15%) of the net cost of the Extra Work. (b) For Extra Work performed by a subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of both the Contractor and all subcontractor(s) shall not exceed twenty (20%) of the net cost of all subcontractor(s)'s Extra Work If the net cost of Extra Work is greater than $25,000 and less than or equal to $100,000, the Allowable Mark-up shall be computed as follows: (a) For Extra Work performed directly by the Contractor's forces the added cost for all expenses, overhead, profit, bond and insurance shall not exceed twelve (12%) of the net cost of the Extra Work. (b) For Extra Work performed by a subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of both the Contractor and all subcontractor(s) shall not exceed seventeen (17%) of the net cost of all subcontractor(s)'s Extra Work 3. If the net cost of Extra Work is greater than $100,000, the Allowable Mark-up shall be computed as follows: (a) For Extra Work performed directly by the Contractor's forces the added cost for all expenses, overhead, profit, bond and insurance shall not exceed ten percent (10%) of the net cost of the Extra Work (b) For Extra Work performed by a subcontractor, the cost of combined expenses, overhead, profit, bond and insurance of both the Contractor and all subcontractor(s) shall not exceed fifteen (15%) of the net cost of all subcontractor(s)'s Extra Work F. Net Allowable Costs 6.07 Omit. 6.08 Omit. If any one scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. [END OF ARTICLE] GC-22 Item 7. - 246 HB -294- ARTICLE 7 CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the proposal forms or as Extra Work as provided in the General Conditions. B. Omit. C. Omit. 7.02 Omit. 7.03 Omit. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments 1. Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. B. Payments by City 1. City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Omit. 7.05 Omit, GC-23 HB -295- Item 7. - 247 7.06 Omit. 7.07 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. C. Omit. D. Omit, E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.08 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.09 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third -party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices; GC-24 Item 7. - 248 H B -296- 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty. Any claim or penalty asserted against City by virtue of Contractor's failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws); 7. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; 8. Consultant Services. Additional professional, consultant or inspection services required due to Contractor's failure to comply with the Contract Documents. 9. Liquidated Damages. Liquidated damages assessed against Contractor 10. Materials. Materials ordered by City pursuant to the Contract Documents. 11, Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City. 12. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreement. 13. Other Breach. A breach of any obligation or provision of the Contract Documents. B. Release of Withholding If and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them. C. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. GC-25 H13 -297- Item 7. - 249 7.10 Omit. 7.11 CLAIMS A. Arising of Claim. Scope of Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a Scope Change which has not yet become final, a "claim" will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor's Change Order Request, B. Content of Claim A Claim by Contractor must include all of the following; 1. A statement that it is a Claim and a request for a decision on the Claim; 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 4. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the'following form; "I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry, true and accurate." C. Response to Claims, Meet and Confer 1. Director will respond to Claims and meet and confer with Contractor if deemed necessary by Director. 2. Finality of Decision If Contractor disputes the Director's decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director's response. [END OF ARTICLE] GC-26 Item 7. - 250 HB -298- ARTICLE 8 MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. Omit. 8.02 Omit. 8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Contract documents the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 Omit. 8.05 Omit. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. 8.07 Omit. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, GC-27 FIB -299- Item 7. - 251 equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] GC-28 Item 7. - 252 HB -300- ARTICLE 9 INSPECTIONS, TEST SUBMITTALS AND SAMPLES 9.01 GENERAL A. INSPECTIONS AND TESTS. The Deputy Director of Public Works - Maintenance Services shall at all times have the right to inspect the work and materials in the course of manufacture or assembly and make such tests from time to time as he may deem advisable. The Contractor shall keep the Deputy Director of Public Works - Maintenance Services informed as to the progress of the work and give him/her ample notice, in advance, of appropriate times for inspections and tests and shall furnish him/her with reasonable facilities for such inspections and tests and for obtaining such information as he/she may desire respecting the work and the character of the materials used. SUBMITTALS AND SAMPLES. Samples of materials or articles shall be submitted for tests or examination and consideration before incorporation of same is started. Contractor shall be solely responsible for delays due to samples not being submitted in time to allow for proper time to make tests. C. Materials furnished must be equal to approved samples in every respect. Samples which are of value after testing will remain the property of the Contractor. Materials or work required or necessary to be tested shall be tested under the supervision of, as directed by, and at such points, as may be convenient to the Deputy Director of Public Works - Maintenance Services. All costs for tests other than those specified to be paid for by the Contractor, shall be borne by the City. The costs of all tests made on materials failing to meet the requirements of the Specifications shall be reimbursed to the City by the Contractor as a credit under an appropriate Change Order, unless the said materials had been approved by the Deputy Director of Public Works - Maintenance Services or their designee for use in the work, D. The fact that materials or equipment are passed by the Deputy Director of Public Works - Maintenance Services shall not relieve the Contractor of responsibility in case of later development of flaws or imperfections. 9.02 Omit. 9.03 Omit. 9.04 Omit. 9.05 Omit. 9.06 Omit, 9.07 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director's approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. GC-29 HB -301- Item 7. - 253 B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the effective date of the agreement. Otherwise, such requests will not be considered. 9.08 Omit. 9.09 Omit. 9.10 Omit. 9.11 Omit. 9.12 Omit. 9.13 Omit, 9.14 Omit. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as -built drawings will be returned to the Contractor marked "No Exceptions Taken," "Make Corrections Noted - Do Not Resubmit," or "Make Corrections Noted - Resubmit." B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. If Submittal is returned for correction, it will be marked to indicate what is unsatisfactory, D. Resubmit revised drawings or data as indicated, in five (5) copies. E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re -submittal is required for any proposed change to an approved submittal. Changes which require re -submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re -submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE] GC-30 Item 7. - 254 HB -302- ARTICLE 10 SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. 10.02 PROTECTION FROM HAZARDS A. Omit. C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. GC-31 t->B -30-3_ Item 7. - 255 B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director. D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Section 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. J. Contractor Responsibility. Except as otherwise provided in this Section 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control ("WATCH") handbook, published by BNi Books, and as directed and approved by the City Engineer. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. GC-32 Item 7. - 256 HB -')0+- C. No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Engineer and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Engineer and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor's failure to comply with this provision may result in actions as provided in Article 5: "Suspension or Termination of Contract" of these General Conditions. In the alternative, at the Director's discretion, if Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements -of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Engineer. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (818) 548- 3130, at least two (2) weeks prior to the beginning of the work at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when, and Contractor project manager's name and business phone number. B. The Contractor shall notify, by telephone, the Police Department Traffic Bureau (818) 548-3130 and Patrol Operations (818) 548-4890 at the completion of the posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on -view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles, C. The Contractor shall notify the Glendale Fire Department, on a daily basis during the entire period of the work whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (818) 956-4800 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to its operations. The Contractor shall submit to Fire Division a schedule of Work. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except GC-33 HB -305- Item 7. - 257 where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction, F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE PAYMENTS Refer to City of Glendale Permit Services for requirements for building or access road safety improvements to be constructed during period in which the work is being conducted. These devices or improvements deemed necessary, as part of permit application, will be included in Contractor's cost. [END OF ARTICLE] GC-34 Item 7. - 258 HB -306- ARTICLE 11 INDEMNITY 11.01 INDEMNITY To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns ("Indemnitees") from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents, employees, Subcontractors, Sub -Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee, including but not limited to: A. Bodily injury, emotional injury, sickness or disease, or death to any persons; Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor's Work, for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any applicable law, statute, code, ordinance, regulation, permit, or order; Misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty, obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; Failure to protect the property of any utility provider or adjacent property owner; or Failure to make payment of all employee benefits. 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 not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contractor's obligations under this Article extend to claims occurring after termination of the Contractor's performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or GC-35 HB _30717_ Item 7. - 259 alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractors obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City's interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractors indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractors indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] GC-36 Item 7. - 260 Ii B - 08- ARTICLE 12 INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance, in the form required by Exhibit 4, must be submitted by the Contractor prior to the City's execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City Attorney or City's Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement's insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] GC-37 HB -309- Item 7. - 261 ARTICLE 13 BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent (100%) of the Contract price in the form shown in Exhibit " 1 " attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto. 3. Omit. 13.02 POWER OF ATTORNEY All 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, all copies of the bonds must be countersigned by a California representative of the surety. 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. 13.03 APPROVED SURETY All the bonds shall be executed by a California admitted surety with an A.M. Best's Company rating satisfactory to the City. If an A.M. Best's rating is not available, the proposed surety must meet comparable standards of another rating service satisfactorily to City. Bonds issued by a California admitted surety listed in the latest versions of the U.S. Department of Treasury Circular 570 must be accompanied by all of the documents enumerated in California Code of Civil Procedure § 995.660(a). 13.04 REQUIRED PROVISIONS Every bond must display the surety's bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, during the continuance of the Contract, any of the sureties, in the opinion of 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. GC-38 Item 7. - 262 H B -3 t 0- 13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 13.07 APPROVAL OF BONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required 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. [END OF ARTICLE] GC-39 HB -3 I i - Item 7. - 263 ARTICLE 14 LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day as set forth in the Glendale Municipal Code. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work: No Work shall be performed at night, Sunday, or the ten (10) 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, and Christmas Day, except Work pertaining to the public safety or with the permission of the Director, 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 give written notice to the Director 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. 14.02 COST OF OVERTIME CONSTRUCTION INSPECTION A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be provided by the Director. B. There will be no charges for the inspection of overtime Work ordered by the Director or required by the Contract Documents, 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one -calendar day, and 40 hours during any one -calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards GC-40 Item 7. - 264 Hg -312- Enforcement of the State of California. 4. In the event City deems Contractor is in violation of this Section 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subsection is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this section 14,03(A)(4). 14.04 WAGE RATES A. Prevailing Wages Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. A copy of the prevailing wage rate is on file and available for inspection by any interested party on request at the City Engineer's Office, The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each GC-41 HB Item 7. - 265 journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address in compliance with payroll record requirements. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any subcontractor shall comply with the provisions concerning the employment of apprentices of the Labor Code of the State of California and any amendments thereof. In the event the Contractor or any subcontractor willfully fails to comply with the aforesaid section, such Contractor or subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.06 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14.07 NO SMOKING, LABOR CODE § 6404.5 AND GLENDALE MUNICIPAL CODE §§ 8.52,010 ET SEQ. The Contractor, its agents or employees, subcontractors, or any person under Contractor's control, is prohibited from smoking in or within a 20-foot distance from a place of employment in violation of Labor Code § 6404.5 and Glendale Municipal Code, 1995, §§ 8.52.010 et seq. 14.08 ANTI -DISCRIMINATION. It is policy of the City that in connection with all Work performed under contracts, that there shall be no discrimination against any prospective or active employee engaged in the Work because of race, color, ancestry, national origin, religious creed, sex, age or marital status. The Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act, (California Government Code section 12900, et seq.), California Labor Code section 1735 and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The Contractor shall require like compliance by all Subcontractors employed on the Work by such Contractor, [END OF ARTICLE] GC-42 Item 7. - 266 H B -;14- ARTICLE 15 DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractor's right to commence the Claims Dispute Resolution Process shall arise upon the Director's written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor's Claim. Contractor's Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor's obligations relative to time of performance shall include a detailed, event -by -event description of the impact of each delay on Contractor's time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor's compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. By City City's right to commence the Claims Dispute Resolution Process shall arise at any time following the City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims defined The term "claims" as used herein shall be as defined in California Public Contract Code § 20104(b) (2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process, A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full GC-43 HB _315_ Item 7. - 267 authority to resolve such Claim then and there, subject only to City's right and obligation to obtain City Council [or other City official] approval of any agreed settlement or resolution, In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Section 15.02 A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City's right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor's failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] GC-44 Item 7. - 268 14B -)16- ARTICLE 16 ACCOUNTING RECORDS 16.01 MAINTENANCE OF RECORDS Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following; all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, contract documents, specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Unilateral Change Orders, Field Orders or other charges or time extensions related to the Project asserted by Contractor or any Subcontractor. Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws. 16,02 ACCESS TO RECORDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Section 16.01, above. 16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING Contractor's compliance with Sections 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Section 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audit GC-45 HB 1 7_ Item 7. - 269 and/or reproduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction. [END OF ARTICLE] GC-46 Item 7. - 270 xa -, i 8- ARTICLE 17 MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Proposal or Contract Sum, C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director and Architect shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Contract documents and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum, GC-47 HB _; i 9_ Item 7. - 271 17.02 OWNERSHIP OF DOCUMENTS A. Property of City All Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City's rights under this Section, the Contractor and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose, C. Delivery to City All Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City's rights set forth in this Section. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its GC-48 Item 7. - 272 I-IB -320- employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set -offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Section 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City's sole discretion. 17.07 SURVIVAL Contractor's representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17,08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. GC-49 HB -32 1 - Item 7. - 273 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City's authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estoppel by any measurement, estimate or certificate made or given by the Deputy Director of Public Works - Maintenance Services or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estoppel from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor's failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The Contract Documents shall be governed by and construed in accordance with the law of the State of California, without regard to conflict of law principles. 17.12 ATTORNEY'S FEES If CITY or CONSULTANT brings an action at law or in equity to enforce or interpret one or more provisions of this Agreement, the "prevailing party" is entitled to "reasonable attorney's fees" and costs in addition to any other relief to which the prevailing party may be entitled. A "prevailing party' has the same meaning as that term is defined in California Code of Civil Procedure Section 1032(a)(4). "Reasonable attorney's fees" of the City Attorney's office means the fees regularly charged by private attorneys who: (A) Practice in a law firm located in Los Angeles County; and (B) Have an equivalent number of years of professional experience in the subject matter area of the law for which the City Attorney's services were rendered. 17.13 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.14 SEVERABILITY If any clause, provision, section or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section or GC-50 Item 7. - 274 HB -322- part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section or part. 17.15 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 17.16 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17.17 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] GC-51 tag -32>- Item 7. - 275 SPECIAL CONDITIONS The work to be performed under this contract requires the completion of all work in accordance with the notice calling for proposals; these special provisions; standards listed below; the proposal; the contract; the contract bonds required herein; any supplemental agreements amending, extending or deleting the work; working drawings, or sketches calcifying or revising the work specified herein; and to pertinent portions of other documents included by reference thereto in these specifications. A. DESCRIPTION OF PROJECT AND INTENT The City of Glendale is located northeast of Los Angeles in the foothills of the San Gabriel Mountains. The City is 30.6 square miles in area and has a population of nearly 200,000 with 365 miles of streets. The street tree inventory is 48,000 trees that have been maintained on a set cycle of six years for hardwood trees and every three years for all palms, which for the latter the City is considering moving to an annual trim cycle. The Parks tree inventory is unknown and they have historically not been on a maintenance cycle. The City maintains its own small Forestry Unit that addresses citizens' service requests and needs from other City departments, and facilitates services of ongoing as well as immediate demands; including a young tree maintenance program for all City street trees. The large tree maintenance services were contracted out in the last ten (20) years, with a result of 5,000 to 8,000 trees serviced per year. The current contractual tree maintenance budget is approximately six -hundred ninety six thousand dollars ($696,000) which includes cycle tree pruning, tree plantings and special reforestation projects. The City of Glendale Public Works Maintenance Services Division is responsible for the Maintenance of street trees within public right-of-ways in the City of Glendale while the Glendale Parks, Recreation and Community Services Department is responsible for trees in City Parks. The City of Glendale is seeking proposals from qualified companies to provide the City of Glendale with the best possible tree care to maintain the City's Urban Forest at a level expected by the City's residents, City Council, City Staff, and visitors of the community. The selected Contractor will work closely with City staff to ensure contractual services are satisfactorily completed. The intent of these specifications is to provide to provide Tree Maintenance Services to trees in public right- of-ways and parks. Tree maintenance services are to include pruning, removal and planting of trees, inventory system management, and other arboriculture related services as needed within the City's Urban Forest, DESCRIPTION OF WORK The Contractor shall furnish all labor, tools, equipment, materials and supervision necessary to perform pruning, removal and planting of trees, inventory system management, and other arboriculture related services as described in this section including but not limited to the items noted below. 1. Maintenance Standards and Specifications City of Glendale maintains its trees in cycled pruning of twelve (12) geographic districts. Pruning is to be performed block by block typically completing two (2) districts each year, subject to the instructions of the Deputy Director of Public Works — Maintenance Services or his authorized representative. This method of tree maintenance assures that each tree is evaluated, the site is inspected, and the trees are maintained appropriately on regular six year intervals. Some trees may be pruned in blocks at a separate time of the year, which is the most optimal and appropriate for individual tree species. Sc- 1 Item 7. - 276 HB -324- All work performed by Contractor shall conform to the latest Mature Tree and Young Tree Pruning Guidelines of the International Society of Arboriculture (ISA), The American National Standard for Tree Pruning (ANSI A300) and specifications listed herein. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements. All pruning methods shall comply with the Arboricultural Industry standards and shall meet but not be limited to following the requirements: • Contractor must assure that no hooks, gaffs, spurs or climbers will be used by anyone employed for such trimming. • Topping, heading back or lion -tailing is not an acceptable method of pruning within the City, and is strictly prohibited. • Final pruning cuts shall be made without leaving stubs. • Cuts shall be made in a manner to promote fast callous growth. • Prune so as to maintain a balanced appearance when viewed from the opposite site of the street, immediately opposite the tree, unless authorized by the Deputy Director of Public Works - Maintenance Services to do otherwise. • When removing a live tree 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. • When removing a dead tree branch, the final cut should be made outside the collar of life 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. • When removing limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. • The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in the tearing of tissue on limbs below cuts shall be corrected. • All pruning tools, saws and equipment shall be kept sharp and in good condition to result in final cuts with an un-abrasive wood surface and secure bark remaining intact. • Chainsaws 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 and/or decay problems. • When trimming fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with bleach. • Any vine plant growing on the trees shall be removed to ground level. Vine tendrils shall be removed without injury to trees. • Any extraneous metal, wire, rubber, nails or other material interfering with tree growth shall be removed when possible. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. In the event that work causes excavation, the Contractor is responsible for appropriate notification of Underground Service Alert (USA). Contractor shall staff each project work site with a Supervisor who holds a current International Society of Arboriculture (ISA) Certified Arborist Credential. All Supervisors shall possess adequate technical background to ensure that all work is accomplished in compliance with these Special Conditions, All Contractor personnel engaged in the actual tree pruning shall hold, at minimum, a current ISA Certified SC- 2 BB -325- Item 7. - 277 Tree Worker credential. All other personnel (e.g. ground workers, traffic control staff) shall have sufficient training so as to be capable of performing their functions in a safe and proficient manner. The selected Contractor will enter into a maintenance agreement for City trees regulated by the Glendale Municipal Code (GMC 12.40) and based on the following criterions for the tree maintenance as recognized standards in the City of Glendale: Tree and Site Evaluation for Hazard Any hazardous conditions shall be reported to the City immediately. Before commencement of tree work Contractor shall evaluate the tree and site for any hazardous conditions. This includes observance of any structural weakness, decayed trunk or branches, or split crotches or limbs. This also includes uplifted or sunken sidewalks, and uneven tree grates or tree wells below the grade. Any hazardous conditions shall be reported to the Deputy Director of Public Works - Maintenance Services the same day it was observed. Tree Evaluation Contractor shall evaluate trees and prescribe a proper application for each individual tree before commencement of tree work. Contractor shall contact the Deputy Director of Public Works - Maintenance Services if the prescribed application is outside the scheduled price. • Pre -Inspection Prior to the commencement of work in the vicinity of any tree, Contractor shall identify the location of utilities, irrigation components and/or any private property elements that could be compromised by any work activity. If identified, Contractor shall take appropriate action to protect same. If during the course of pre -inspection, Contractor identifies damage to private property or City property that exists before the onset of the work, Contractor shall digitally photo - document and report such damage to the Deputy Director of Public Works - Maintenance Services prior to commencing work in the area. Digital photo -documentation should be time and date embedded. Any claim of damage that cannot be refuted by photo - documentation and log of a report to the Deputy Director of Public Works - Maintenance Services shall be considered the responsibility of the Contractor. • Wildlife Protection 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 nests or wildlife of any type, Contractor shall cease work in a tree if a nest is found and is determined to be active, unless given permission by the Deputy Director of Public Works - Maintenance Services. At no time shall any nest or wildlife be moved from its location, In the event that wildlife is accidentally displaced and needs assistance, Contractor shall notify the Deputy Director of Public Works - Maintenance Services. SC- 3 Item 7. - 278 HB -326- C. Maintenance Tree Pruning Maintenance pruning of trees is based on tree species, growth characteristics, tree form, tree condition. and tree structure. Tree evaluation before pruning determines what pruning must be performed to achieve or enhance a tree's structural integrity, appearance, or desired size. City trees are pruned to raise for clearance to reduce its size and to restore after damage to tree has occurred. Maintenance Tree Pruning includes Pruning to Raise, Pruning to Reduce, Pruning to Restore, and Young Tree Maintenance. The specific techniques employed shall be consistent with industry practices for the size and species of the tree being trimmed. All dead, broken, damaged, loose, diseased or insect infested limbs, branches and stubs shall be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. Branches that are developing in a manner as to become larger than the limbs they originate from shall be removed. 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. All cuts shall be made just outside the branch collar to the parent stem so that the wound closure can readily start under normal conditions. Final 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 be removed. All limbs 2" or greater shall be undercut to prevent splitting, The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless approved by the Deputy Director of Public Works - Maintenance Services, The Deputy Director of Public Works - Maintenance Services may request Service Request Tree Pruning (as identified in the Schedule of Compensation) for periodical requests to provide Maintenance Tree Pruning to trees that are located outside the scheduled street block. Contractor shall consult the Deputy Director of Public Works - Maintenance Services before making any cuts that could result in permanent disfigurement of the structure of any tree. If Contractor is, at any time, unclear on what course of action to follow in the field, Contractor shall consult with the Deputy Director of Public Works - Maintenance Services. Trimming and Shaping of Conifers -Typically, up to 30% of the live foliage of conifers may be removed unless directed otherwise by the Deputy Director of Public Works - Maintenance Services. Contractor shall avoid damaging the central leader. In some cases, the Deputy Director of Public Works - Maintenance Services may direct the Contractor to remove the central leader to limit the height of a tree. At the time of the pruning, the Deputy Director of Public Works - Maintenance Services shall determine which trees shall have the new growth pinched back in an effort to control canopy size. To control the growth of large, mature conifer trees, Contractor shall prune the new growth of lateral limbs. Pruning conifers shall typically include the removal of crossed limbs, dead wood and unwanted branches from the interior of the canopy. Trimming and Shaping of Broadleaf Trees - Contractor shall follow the shape indicated by the natural growth habits of each tree species. 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 show through the head. Tree foliage shall be reduced by between twenty five to thirty percent (25-30%). Pruning to Raise Trees shall have the selective branches removed to provide clearance "Tree Raising" (as identified in the Schedule of Compensation) which shall involve street trees being trimmed to provide a minimum clearance of fourteen (14) feet over the roadway and seven (7) feet over walkways. SC- 4 Ha -327- Item 7. - 279 Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights. Trees should be cleared of sprout or sucker growth to a minimum of ten (10) feet above ground level. Exceptions are for young trees, which would be irreparably damaged by such pruning action. e. Pruning to Reduce Street trees prescribed to be reduced in size shall have end weight reduced by removal of branches and stems to decrease the height and/or spread of a tree. This type of pruning is done to minimize the risk of failure, to reduce height or spread for utility clearance, to clear from buildings or other structures, or to improve tree appearance. Reduction cuts shall be done using "drop crotch" method and no heading cuts. Trees shall also be trimmed a minimum five (5) feet from structures and a minimum ten (10) feet from chimneys to remove any hindrance with buildings as per California Building and Safety Code(s) (BSC V6.16.3.4) (BSC V6. 16.3.5) Pruning to Restore Street trees that have been damaged and are prescribed to be restored shall have selectively removed branches, sprouts and stubs. This pruning is mostly done to trees that have been broken, topped, severely headed, or lion tailed. Young Tree Maintenance Young trees shall be pruned to establish the trees' future and permanent structure which is consistent with industry guidelines and standards specific to Young Tree Maintenance or Training as recognized in the ISA Best Management Practices. Such work will include the removal or replacement of stakes, ties or guy lines as needed to provide adequate support for the tree, the removal or reinstallation of trunk guards as needed, and the removal or re-establishment of tree watering basins as needed. Temporary branching along the young trees lower trunk shall be retained to promote good trunk taper and structural development. The City's in-house forestry crew currently is responsible for Young Tree Maintenance for all City street trees for the first 3 years after being planted. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Palm Tree Pruning Unless otherwise approved by the Deputy Director of Public Works - Maintenance Services, standard palm trimming will include the removal of all dead and declining fronds and seed pods so that the remaining healthy fronds are existing at horizontal plane at the head of the palm tree. All frond sheaths or husks shall be skinned along the entire length of the tree. Live trunk tissue should never be cut while pruning palm fronds. City Representative may require on specific palm species to minimize the risk of disease transmission to prune only green fronds with disinfected in 1% bleach solution after each tree pruning. Care shall be taken in the handling of fruit and flowers as they are likely to release 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. As mentioned previously, palm street trees are currently on a three-year pruning cycle. If funding allows, the frequency might be increased to annually. SC- 5 Item 7. - 280 HB -328- Tree Removal The trees to be removed will be marked in a manner determined by the Deputy Director of Public Works - Maintenance Services. Only those trees so marked shall be removed by the Contractor. Trees shall be felled in a manner consistent with industry practices with the primary emphasis on the safety of the public and the protection of adjacent property. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment in Glendale. Crane operators shall be certified by the National Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified crane operators shall not result in additional charges to the City. While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights of way or private property. In addition, the Contractor shall not drop longs or trunks so as to create undue noise or impact shock disturbances or damages to public and/or private property. Stumps shall be ground to a minimum of twelve (12") inches below the level of the adjacent ground. Holes shall be filled with resulting mulch and raked level with the adjacent ground. For larger tree removals, the Contractor shall grind an additional twelve (12) inches around the circumference of the removed trunk, or import soil as needed to till into backfill in order to attain even grade with the adjacent ground. All wood, debris and excess mulch shall be removed and the surrounding area shall be raked and /or swept clean. NOTE: if stump grinding does not follow within the same work day as removal, a safety barricade shall be placed and maintained over the stump until the stump grinding is complete. The Contractor shall be responsible for contacting Underground Service Alert (USA) 1-800-227- 2600 for the locating of underground utilities prior to stumping operations. The Contractor is also responsible for identifying the location of all public and private property landscape irrigation prior to the removal of a tree and its roots. The Contractor shall be responsible for the repair of any private property irrigation system components that are damaged during a tree removal or stump grinding. Repairs should be made using components matching those that were damaged. Tree Planting Planting trees includes staking and installing ties, trunk guards, root barriers (as requested by the City), woodchip mulch, and water to maximize tree health and survival by using the City reclaimed water. Contractor shall provide trees and all materials and labor necessary for a complete and proper installation. New trees are to be installed in accordance with APWA Standard plans for Public Works construction details 520-2 and double staked per 518-2 double. The Contractor shall identify the location of all utilities and public and private property landscape irrigation components prior to the planting of any tree in Glendale. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. SC- 6 HB -329- Item 7. - 281 Trees shall be provided by the Contractor. Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for the size and quality of the material being planted. Brown trunk height (BTH) for palm trees shall be measured from the top of the root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. 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 soilless root ball will be rejected. Trees that are stressed, weak, declining, or damaged will be rejected. 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 the tree by the City. Any confusion should be resolved by contacting the Deputy Director of Public Works - Maintenance Services. 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. 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. The Contractor shall not install trees with the box bottoms left on. All container debris (e.g. strapping, box sides and fragments, nails) shall be removed from the planting pit prior to backfilling. The Contractor shall install the tree or palm so that the top of the root ball is two (2) inches above the surrounding finish grade. The Contactor shall not resort to cutting or trimming the root ball as a means of meeting grade standards. The contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and top soil. The topsoil portion of the backfill mix shall contain no more than ten (10) percent well decomposed organic fines. The Contractor shall backfill palm plantings with one hundred (100) percent washed mortar (plaster) sand. On planting sites where a large tree was previously removed, the contractor may need to provide additional clean soil to add to backfill in lieu of mulch grindings remaining from stump removal. 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. For parkways and open growspace areas, 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. For plantings within existing tree wells, no basin construction will be required. The Contractor shall not use hoses, equipment or water from private properties while installing or watering street trees. The contractor shall be responsible for the stability of newly planted trees. The nursery stake shall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed SC- 7 Item 7. - 282 HB -3 3 0 - 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. Upon completion of the planting of the tree, the Contractor shall apply mulch to any barren areas within three (3) feet of the trunk. k. Tree Root Pruning Root pruning work will be specified on work orders to the Contractor with a specific street address and location as well as identifying the root pruning along the sidewalk or curb or both. Roots shall be pruned immediately adjacent to the edge of the sidewalk or curb or other improvement. Root pruning cuts shall be four (4") inches wide, sixteen (16") inches deep as measured from the top of sidewalk, curb or adjacent improvement and extended eight (8') feet in each direction from the centerline of the tree (16' total length). 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 of sidewalks. All cuts shall be backfilled immediately upon completion of root pruning at each location. Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from rocks. All debris generated by these operations shall be immediately removed from the site and properly disposed of outside the right-of-way. 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. Tree Watering Contractor shall provide watering for trees by using reclaimed water as determined by the Deputy Director of Public Works - Maintenance Services. 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. 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 with watering equipment will not be tolerated. Sc- 8 HB _33 1 - Item 7. - 283 The Contractor shall maintain a daily log of trees watered. 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. m. Clean Up Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Contractor's equipment may be stored overnight; with advance approval, in the City yards; however, the City will not be responsible for security of Contractor's equipment. The Director of Public Works, or his authorized representative, shall be the sole judge as to the adequacy of the clean up. n. Crew Rental The Contractor shall be able to provide to the City crew rental for tree work, which lies beyond the scope of this contract. The crew and equipment can be modified to complete any type of tree work as specified by the Deputy Director of Public Works - Maintenance Services. The Contractor will be given specific locations and the work to be done at each location in advance. Emergency Crew Rental The Contractor shall be required to provide emergency / on call response to hanging limbs and wind damaged or downed trees. This may be at night or during storm conditions. The Contractor will be given specific locations and the work to be done at each location via telephone call from the Deputy Director of Public Works — Maintenance Services. The Contractor shall be required to start the work indicated within sixty (60) minutes of the initial telephone call and report back to the Deputy Director of Public Works - Maintenance Services upon completion of the work specified. The Contractor is required to provide 24-hour emergency phone and/or pager numbers and names of a minimum of two (2) contact individuals within one week of award of contract. Should the phone number or contact person change during the course of the contract those changes must be provided to the City. In the event the Contractor cannot be contacted or fails to respond, a penalty of $500 per incident will be deducted from future Contractor work. The Contractor shall be required to provide all traffic controls required during emergency operations. Should the work involve any high voltage lines the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a time and material basis. This shall include all labor, tools, equipment, disposal fees, and materials necessary for doing the emergency work. The Contractor shall supply a list of manpower and equipment rated to be charged, and a mark up percentage for materials and any other costs. This list is to be supplied with their proposal. p. Tree Inventory Maintenance & Technical Support Sc- 9 Item 7. - 284 HB _332- The Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current City inventory system. The system shall be accessible by City staff 24 hours a day via the internet. The Contractor is to update the inventory regularly and make all necessary corrections according to the field records. Contractor shall add field condition data to the system including right-of-way growspace. Contractor will endeavor to bring to the attention of the Deputy Director of Public Works - Maintenance Services any trees identified on their scheduled work list or inventory that are questionable as to their accuracy as being a City -owned street tree as defined by the Glendale Municipal Code (GMC 12.40). The Deputy Director of Public Works - Maintenance Services will determine the status of the tree(s) in question and inform Contractor if the tree(s) are to be included in any work activities to be performed by the Contractor or removed from the inventory. Contractor will provide the City with a state of the art record keeping computer -based inventory system and all the necessary technical support that allows the City to maintain information about a tree population, including the work history and service request information, tree and planting site locations information, maintenance requirements and species names. The system will print condensed or detailed listings of tree and site information, work histories, service requests and summary reports. The 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, DBH) and to record the date, cost and crew identity for any pruning, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the 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 and future work histories for any and all tree sites in the inventory, both individually and collectively by query, and inclusive of both contractor work and work completed by City forces. All aspects of the tree inventory system including, but not limited to, data entry, system maintenance, system hardware and/or software upgrades and server security and stability shall be the responsibility of the Contractor and shall be provided at no cost to the City. 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. Failure to meet and maintain the requirements for the computerized tree inventory system shall be grounds for termination of the contract. Tree site/task specific hardcopy backup data for any work that has occurred during the 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. Schedule of Work & Hours of Operation Contractor will be required to commence work within fifteen (15) working days of award of contract. The Contractor shall, prior to commencing work, submit and gain approval of a weekly work schedule indicating the order and location of work. The general hours of operations shall be 7:00 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating SC-10 HB _J3;_ Item 7. - 285 harsh or unusual noise. The days of operations shall be Monday through Friday. No work shall be performed on Saturday or Sunday unless authorized by the City. In addition, the Contractor shall meet with the Deputy Director of Public Works — Maintenance Services on a regular basis at a time and frequency agreed upon with the City. The purpose of the meeting is to review the week's work, receiving special instructions, and to discuss any problems encountered on the job. Inspections The Deputy Director of Public Works — Maintenance Services shall, at all times, have access to the work being performed and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipments used and employed in said work. The inspection of the work shall not relieve the Contractor of any of his obligation to fulfill the contract and/or complete the project described. Defective work shall be made good notwithstanding the fact that such defective work may have been previously overlooked by the Directory of Public Works or his designated representative and accepted for payment. In addition, in all cases the Deputy Director of Public Works — Maintenance Services shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the Deputy Director of Public Works — Maintenance Services shall be excluded from payment. Reports and Brochures Contractor shall provide project reports as requested by the Deputy Director of Public Works — Maintenance Services. Contractor will provide brochures that are acceptable to the Deputy Director of Public Works — Maintenance Services that describe the tree trimming process or care guidelines for newly planted trees, and are readily accessible to the residents of Glendale. Sample brochures must be included with the proposal submittal. Public notice of the Tree Trimming Program will be supplied by the Contractor with final approval by the Deputy Director of Public Works — Maintenance Services, Safety Data Sheets (SDS) All materials used in services must be registered and CDPR approved. The Safety Data Sheets (SDS) shall be available at all times for all chemicals used as part of this contract. The SDS is also required to be made available to local fire departments and local and state emergency planning officials under Section 311 of the Emergency Planning and Community Right -To -Know Act. Equipment and method of application must be in compliance with the ACWM for the County of Los Angeles. All services in the City must be provided accordingly to the California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Sections: 6600. General Standards of Care, 6602. Availability of Labeling, 6630. Equipment Identification, 6670. Container Control, 6676. Container Requirements, 6678, Services Container Labeling. SC-11 Item 7. - 286 H ')4- Billing is to be by address, maintenance district, and include tree species, DBH, variety (Botanical and Common), trim date, condition and appropriated data acceptable to the Deputy Director of Public Works — Maintenance Services. This shall be updated by the Contractor on the City's Tree Inventory Database within one (1) month of work being completed. v. Service Scheduling and Parking Notifications Contractor shall issue schedule showing dates, times, and type(s) of maintenance to be performed at each treatment area. City reserves the right to amend Contractor's issued schedule if said schedule adversely impacts City's day to day operations. Contractor shall provide and post "No Parking" signs 36 hours in advance of the work and distribute written notice door hangers to affected residents of the pending work 72 hours in advance of the work. Notices shall be printed in English and affixed with twine only. Nails or staples are not to be used at any time. Contractor shall adhere to all traffic control policies governed by the City of Glendale. w. Public Relations Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree trimming operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations at least seventy two (72) hours in advance of scheduled work via door tags. 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. x. Use of Reclaimed Water Water supply will be reclaimed water, furnished from reclaimed water sources located within 1 1/2 miles of the job site. It will be the Contractor's responsibility to transport this water to the job site and take all recommended precautions in its transportation and use. The following County of Los Angeles, Department of Health Services Safety Guidelines and Precautions regarding the transportation and use of reclaimed water shall be followed: i. The sale and use of reclaimed wastewater must meet the standards required by Section 60313(b), Title 22, California Code of Regulations (disinfected tertiary treated wastewater). ii. Reclaimed water shall be distributed by tank truck for residential and commercial use. iii. All tank trucks used to haul reclaimed water must be clearly identified RECLAIMED WATER - DO NOT DRINK. Tank trucks shall be thoroughly cleaned of contaminants prior to use, must be fitted with water -tight valves and fittings, must not leak, and cannot be connected to potable water supply systems. Supplementing reclaimed water with potable water shall be through an approved air gap separation. iv. Watering shall be done directly from reclaimed water trucks or from temporary piping under the control of the reclaimed water deliverer. The temporary piping shall be identified RECLAIMED WATER - DO NOT DRINK. The piping system shall remain on the surface of the ground and shall be removed when the watering is completed. SC-12 HH -335- Item 7. - 287 v. Under no circumstances shall any storage or plumbing system be installed on any property for the use of reclaimed water unless all requirements and guidelines are met for the permanent use of reclaimed water. vi. Reclaimed water use shall be accomplished at a time, and in a manner that minimizes ponding and the possibility of public contact. Irrigation shall be done during periods when the grounds will have maximum opportunity to dry before use by the public. vii. The use of reclaimed water shall not create a nuisance. viii. Truck operators shall log all deliveries of reclaimed water. Recycling of Green Waste No less than 85% of pruned tree branches, tree trimming debris, wood and other green waste generated as a result of Contractor's operations under this contract shall be recycled, reused or transformed by the Contractor. This 85% is not permitted to be disposed of at landfills and it may not be used as landfill daily cover. Weight slips shall be required as proof of final disposal and must be submitted by the Contractor with each invoice for payment. All brush generated from tree maintenance operations shall be recycled where practical. Recycling, reuse and transformation may include, but not be limited to firewood that is too large to be chipped, ground and 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. Pest Control All major pest problems shall be reported by the Contractor to the Deputy Director of Public Works - Maintenance Services. aa. Uniforms The Contractor shall provide a standard uniform for its personnel consisting of at least a collared shirt with buttons, complementing pants, a belt and boots appropriate for the work. All shirts, jackets, or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform. Contractor personnel shall appear neat and well-groomed. No portion of the uniform may be removed while working. Contractor personnel shall wear appropriate reflective safety vests when operating machinery and/or while working within five hundred (500) feet of moving traffic or such other distance required by applicable laws. 2. Inventory of All Trees at Glendale City Parks and GPS Data The Contractor shall perform a thorough inventory of all trees at City of Glendale Parks and integrate this data into the City's tree management program. The data collected for each tree shall include, at minimum, the data tracked in the City's existing tree management program including tree species, dimensions, work history, service request information and address. The Contractor shall also enhance the data for all street and park trees in the City by garnering GPS data for every tree in or added to the system. SC-13 Item 7. - 288 HB -336- C. EQUIPMENT All vehicles, tools and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order. All equipment used and all maintenance practices employed shall be subject to the inspection of the Deputy Director of Public Works - Maintenance Services and shall meet safety and functional requirements. All equipment shall be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. Equipment drive belts and hoses shall be in good repair and show no signs of fraying. No equipment shall pose a potential danger to the operator, co-workers, passing motorists or pedestrians. The Director of Public Works — Maintenance Services may reject any vehicle or piece of equipment and order it removed from the job site. Contractor shall maintain a sufficient inventory of equipment so as to complete work as specified. All equipment shall be approved by the City prior to the commencement of services. Contractor shall notify the Deputy Director of Public Works - Maintenance Services of any change in the equipment inventory during the performance of this contract. This notification shall be in the form of a dated inventory list. D. SCHEDULE OF WORK Contractor shall submit a schedule of operation to the Deputy Director of Public Works - Maintenance Services, 541 West Chevy Chase Drive, Glendale, CA 91204; (818) 548-3950 prior to commencing work. The schedule shall be submitted, for approval, to the Deputy Director of Public Works - Maintenance Services (5) five working days prior to the commencement of work. E. WORKING HOURS The work schedule is to be planned in conjunction with and approval by the Deputy Director of Public Works - Maintenance Services. Changes in the schedule, for the convenience of the Contractor, will require approval by the City's Deputy Director of Public Works - Maintenance Services. (Note: Special scheduling may be necessary around some business locations, so as not to interfere with their operations.) The City reserves the right to change schedule or stop work in any particular area due to any unforeseen circumstances. Normal working hours shall be 7:00 a.m. to 3:00 p.m. on major streets and 7:00 a.m. to 4:00 p.m. on residential streets with respect to any chipping, cutting, or other operations generating harsh or unusual noise. The days of operations shall be Monday through Friday. F. GENERAL GROUNDS POLICING The Contractor shall provide general grounds policing and inspection as follows: Provide safety and facility inspection and immediately report any deficiencies to Deputy Director of Public Works - Maintenance Services. Contractor shall be responsible to report below standard conditions of all structures and fixtures, including but not limited to: a. Light standards and fixtures b. Benches c. Walls, fences and gates d. Doors and windows e. Trash dumpsters or receptacles f. Signage SC-14 HB -;,;- Item 7. - 289 g. Graffiti and surfaces it is on i.e., concrete, brick, metal, etc. h. Sidewalks G. PERFORMANCE DURING INCLEMENT WEATHER During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. 1. Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished, 2. The Contractor shall immediately notify the Deputy Director of Public Works - Maintenance Services when the work force has been removed from the job site due to inclement weather, or other reasons. The Contractor shall remove all branches and debris resulting from inclement weather. H. REPAIRING DAMAGED WORK The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by his act hereunder. Tree pruning and other tree maintenance work shall not be done at a time when they might damage parked cars or at times when activities in the project area might be inconvenienced or disrupted. Needed repairs from damage by other than the Contractor's operation shall be promptly reported to the Deputy Director of Public Works — Maintenance Services. The Contractor shall be responsible for the replacement of all plant materials, including shrubs, ground cover, mulch pebble bark and similar materials damaged as a result of any maintenance performed by same. The full cost of such replacement, including the cost of labor, shall be borne by the Contractor. The Contractor shall be responsible for the replacement or repair to any sidewalk, fixture or private property that is damaged by the improper use or failure of any maintenance equipment or by a negligent act of its employees. The full cost of such replacement, including the cost of labor shall be borne by the Contractor. SUPERVISION OF CONTRACT. All work shall meet with the approval of the City of Glendale Public Works Department. There shall be bi- monthly meetings with the Contractor and the Deputy Director of Public Works - Maintenance Services to determine progress and to establish areas needing attention. This meeting may be rescheduled to a monthly meeting at the City's discretion, pending satisfactory performance levels. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications, The Contractor shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the contract, which may be delivered to said party or their representative on the worksite. ADDITIONAL MAINTENANCE SC-15 Item 7. - 290 IJB -338- No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the Deputy Director of Public Works before the work is commenced [End of Special Conditions] SC-16 HB_„9_ Item 7.-291 EXHIBIT 1 Performance Bond No. PERFORMANCE BOND WHEREAS, the City of Glendale ("City") has awarded to designated as the "Principal' (contractor) herein, a contract for the work described as follows: WHEREAS, on or about , 20_, the Principal entered into a Contract with the City for the construction of the work of improvement, which Contract and all Contract Documents set forth therein are incorporated herein and made a part hereof by this reference; WHEREAS, Principal is required to furnish a bond guaranteeing the faithful performance of its obligations under the Contract Documents concurrently with delivery to City of the executed Contract. NOW, THEREFORE, Principal and ("Surety"), a duly admitted surety in the State of California, are held and firmly bound to the City for payment of the penal sum of $ ("the Bonded Sum"), in lawful money of the United States, for payment of which sum Principal and Surety jointly and severally bind themselves and their heirs, executors, administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Principal shall promptly and faithfully perform all of its obligations under the Contract Documents, including any and all amendments and supplements thereto, than this obligation shall be null and void; otherwise it shall remain in full force and effect. The following terms and conditions shall apply with respect to this Bond: This bond specifically guarantees the performance of each of every obligation of Principal under the Contract Documents, as they may be amended and supplemented, including but not limited to its liability for liquidated damages and warranties as specified in the Contract Documents, but not -to -exceed the Bonded Sum. The guarantees contained herein shall survive the final completion of the construction called for in the Contract Documents with respect to those obligations of Principal which survive such final completion, No alteration, modification or supplement to the Contract Documents or the nature of the Work performed thereunder, including without limitation, any extension of time for performance, shall in any way affect the obligations of Surety under this Bond. Surety hereby waives any notice of alteration, modification, supplement or extension of time. Whenever Principal shall be, and is declared by City to be, in default under the Contract Documents, provided that City is not then in material default thereunder, Surety shall promptly: (a) remedy such default; (b) complete the Project in accordance with the terms and conditions of the Contract Documents then in effect; or (c) select a contractor(s) to complete all Work for which a Notice to Proceed has been issued in accordance with the terms and conditions of the Contract Documents then in effect, using a procurement methodology approved by City, arrange for a contract between such contractor(s) and City, and make available, as Work progresses, sufficient funds to pay the cost of completion, unless the balance of the Contract price, including other costs and damages for which the Surety is liable hereunder, but not exceeding the Bonded Sum. 5. Correspondence or claims relating to this Bond should be sent to Surety at the following address: Item 7. - 292 HB -340- 6. No right of action shall accrue on this Bond to or for the use of any entity other than City or its successors and assigns. 7. In the event any suit, action or proceeding is instituted to recover on the Bond, said Surety will pay, and does hereby agree to pay, City's reasonable attorneys' fees and costs incurred, with or without suit, in addition to the Bonded Sum. IN WITNESS WHEREOF, three (3) 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. Principal and Surety have caused this Bond to be duly executed and delivered as of this day of 20_. Surety Principal By: By: Attorney -in -Fact Its: (Signature) (Printed Name) (Signature) (Title) (Attach Attorney -in -Fact Certificate, Corporate Seal and Surety Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT 0 M City Engineer APPROVED AS TO FORM: City Attorney Note: This bond must be executed in triplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. HB -34 1 - Item 7. - 293 EXHIBIT 2 PAYMENT BOND (Labor and Material Bond) WHEREAS, City of Glendale ("City") has awarded to (contractor) contract for the work described as follows: Payment Bond No. designated as the "Principal" herein, a WHEREAS, on or about , 20_, the Principal entered into a Contract with the City for the construction of the work of improvement, which Contract and all Contract Documents set forth therein are incorporated herein and made a part hereof by this reference; WHEREAS, by terms of the Contract, as well as California Civil Code § 3247, Principal is required to furnish a bond guaranteeing payment of claims. NOW, THEREFORE, Principal and ("Surety"), a duly admitted surety in the State of California, are held and firmly bound to the City for payment of the penal sum of $ ("the Bonded Sum"), in lawful money of the United States, for payment of which sum Principal and Surety jointly and severally bind themselves and their heirs, executors, administrators, successors and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Principal shall fail to pay any of the persons named in Civil Code § 3181 for all labor, materials, equipment or services used or reasonably required for use in performance of the Work of the Project, then Surety shall pay for the same in an amount not -to -exceed the Bonded Sum, otherwise this obligation shall be null and void. The following terms and conditions shall apply with respect to this Bond: 1. In case suit is brought upon this bond, the said Surety will pay reasonable attorney's fees and costs incurred by City, to be fixed by the Court in addition to bonded sum; No alteration, modification or supplement to the Contract Documents or the nature of the Work to be performed thereunder, including without limitation, any extension of time for performance, shall in any way affect the obligations of Surety under this Bond. Surety hereby waives notice of any alteration, modification, supplement or extension of time. Correspondence or claims relating to this Bond should be sent to Surety at the following address: 4. This bond shall inure to the benefit of any of the persons named in California Civil Code § 3181 as to give a right of action to such persons or their assigns in any suit brought upon this Bond, IN WITNESS WHEREOF, three (3) 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 Item 7. - 294 HB -342- each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Principal and Surety have caused this Bond to be duly executed and delivered as of this day of 20_,. Surety A Attorney -in -Fact Principal Its: (Signature) (Printed Name) (Signature) (Title) (Attach Attorney -in -Fact Certificate, Corporate Seal and Surety Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT la City Engineer APPROVED AS TO FORM: City Attorney Note: This bond must be executed in triplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. HB -343- Item 7. - 295 EXHIBIT 4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense, CONTRACTOR shall obtain, pay for, and maintain — and shall require each of its Subcontractors to obtain and maintain —for the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers' Compensation/Employer's Liability Insurance shall provide workers' compensation statutory benefits as required by law. Employer's Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS ($1,000,000) policy limit. B. Commercial General Liability ("CGL') (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to "ongoing operations" or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; (b) any one person; (c) (d) 2, (a) as applicable); (b) (c) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and TWO MILLION DOLLARS ($2,000,000) general aggregate limit. CGL insurance must include all major divisions of coverage and must cover: Premises Operations (including Explosion, Collapse, and Underground ["X,C,U] coverages Independent Contractor's Protective; Independent Contractors; Item 7. - 296 HB -344- (d) Products and Completed Operations (e) Personal and Advertising Injury (with Employer's Liability Exclusion deleted); (f) Contractual Liability; and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non -owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non -owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) TWO MILLION DOLLARS ($2,000,000) combined single limit. D. Contractors Pollution Liability Insurance (CPL) Not applicable. E. Builder's Risk Insurance Not applicable. 2.0 GENERAL REQUIREMENTS —ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor's insurance company must meet all of the following requirements: 1. "Admitted" insurer by the State of California Department of Insurance or be listed on the California Department of Insurance's "List of Surplus Line Insurers" ("LESLI"); 2. Domiciled within, and organized under the laws of, a State of the United States; and Carry an A.M. Best & Company minimum rating of "A:VII". HB -345- Item 7. - 297 B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self -Insured Retentions. All deductibles or self -insured retentions are subject to City's review and approval, in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an "occurrence" basis and must add the City of Glendale and its officers, agents, employees and representatives as additional insureds. E. Contractor's Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor's insurance. City's insurance, or self-insurance, or both, will not contribute with Contractor's insurance policy. F. Waiver of Subrogation. Contractor and Contractor's insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. G. Separation of Insureds. Contractor's insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company's limits of liability. H. Claims by Other Insureds. Contractor's insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. Premiums. City is not liable for a premium payment or another expense under Contractor's policy At any time during the duration of this Contract, City may do any one or more of the following: Review this Agreement's insurance coverage requirements; 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City's assessment of any one or more of the following factors: (a) City's risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement; (b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage. 3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City's investigation, administration, or defense of a claim or a suit arising out of this Agreement; or K. Contractor shall maintain the insurance policy without interruption, from the Project's commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment. L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non -renew. Contractor's insurance company shall mail City written notice at least thirty (30) days in advance of the policy's cancellation, termination, non -renewal, or reduction in coverage and ten (10) days before its insurance policy's expiration, cancellation, termination, or non -renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor's insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement's insurance requirements. Item 7. - 298 HB -346- M. At any time, upon City's request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor's self-insurance program— all in a form and content acceptable to the City Attorney or City's Risk Manager. N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services, operations, or activities on Contractor's behalf, Contractor shall ensure that the Subcontractor complies with the following. Meets, and fully complies with, this Agreement's insurance requirements; and Furnishes City at any time upon its request, with a complete copy of the Subcontractor's insurance policy or policies for City's review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees. 0. Contractor's failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor's performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums, Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a "Notice to Proceed" until the City Attorney or City's Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final, Sample insurance documents in the City's approved format are set forth in this Exhibit B. Required Submittals for Commercial General Liability and Business Automobile Insurance. The following submittals must be on forms satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative — which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. "Certificate of Insurance;" "Additional Insured Endorsement;" Subrogation Endorsement: "Waiver of Transfer to Rights of Recover Against Others" Both Certificates Of Insurance and Additional Insured Endorsements must read as follows: "The City of Glendale, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City's insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non -renewal, or reduction in coverage," C. Required Submittals for Workers' Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative — which fully meet the requirements of, and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. If Contractor is self -insured for workers' compensation, a copy of the "Certificate of Consent to Self -insure" from the HB -347- Item 7. - 299 State of California; or if Contractor is lawfully exempt from workers' compensation laws, an "Affirmation of Exemption from Labor Code §3700" form. D. Required Evidence of Builder's Risk Coverage. Contractor shall provide City with a certificate of insurance and a declarations page on the on a form satisfactory to the City Attorney or City's Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract. E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any "self -insured retention" must be declared and approved by City. City reserves the right to require the self -insured retention to be eliminated or replaced by a deductible. Self -funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City. Please comply with the following Sample Insurance Documents, Item 7. - 300 HB -348- Please comply with the following Sample Insurance Documents. COMMERCIAL GENERAL LIABILITY/AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT — L-15 Form FOR THE CITY OF GLENDALE, CALIFORNIA SPECIFICATIONS NO. This endorsement modifies insurance provided under the following: ❑ COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE PART ❑ AUTOMOBILE LIABILITY INSURANCE COVERAGE PART In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement which now or later attaches to the policy, the Company agrees as follows: ADDITIONAL INSURED: The City of Glendale, its officers, agents and employees are included as additional insureds, with respect to liability and defense of claims and suits arising out of the operations and uses performed by, or on behalf of, the named insured. CONTRIBUTION WAIVED: This insurance is primary. The City of Glendale insurance program shall be excess of this insurance. The Company shall not seek contribution from the City of Glendale and its insurers. SEPARATION OF INSURED: This insurance applies separately to each insured against whom claim is made or suit is brought, except that the naming of multiple insureds shall not increase the Company's limits of liability. The inclusion of any person, organization, firm, or entity as an insured under the policy shall not affect any right which such person, organization, firm, or entity would have as a claimant if not so included. CANCELLATION NOTICE: If the Company elects to cancel or terminate this insurance before the stated expiration date, or declines to renew a continuous policy, or reduces the stated limits other than by impairment of an aggregate limit, the Company shall give written notice to the City of Glendale at least thirty (30) calendar days in advance of such election. For non-payment of premium, the Company shall give the City of Glendale at least ten (10) calendar days advance written notice of cancellation or termination. Except as stated above, all other endorsements, provisions, conditions, limits and exclusions of this insurance shall remain unchanged. COMMERCIAL GENERAL LIABILITY POLICY AUTOMOBILE LIABILITY POLICY NUMBER NUMBER By my signature on this endorsement, I warrant that I have authority to bind the insurance company and do so bind the company to this endorsement: AUTHORIZED REPRESENTATIVE'S SIGNATURE DATE SIGNED HB -349- Item 7. - 301 GUIDELINES FOR SUBMITTING EVIDENCE OF INSURANCE TO THE CITY OF GLENDALE IMPORTANT — PLEASE PROVIDE TO YOUR INSURANCE AGENT RIGHT AWAY 1. You must submit to the City a "Certificate of Insurance" from your insurance company for the insurance coverage(s) described in your Contract, the Project Specifications, or both. In Addition, you must submit an "Additional Insured Endorsement" if the Contract and/or Specifications require you to obtain General Liability, Automobile Liability insurance, or both. PLEASE REFER TO YOUR CONTRACT AND PROJECT SPECIFICATIONS FOR A DESCRIPTION OF THE TYPE OF INSURANCE THE COVERAGE AMOUNT AND OTHER CONDITIONS. ALL INSURANCE FORMS ARE SUBJECT TO THE CITY'S REVIEW AND APPROVAL. 2. The "Certificate" must state the same information that is printed on the attached sample certificate. A certificate that has missing information or that does not comply with the provisions of your Contract, the Project Specifications, or the City's insurance requirements, may cause a delay in your Contract's approval. 3. Both the "Certificate" and the "Additional Insured Endorsement" must be signed by the company issuing the insurance policy, or an authorized representative who has the authority to bind the insurance company. 4. For faster processing of your Contract, please give the City's "General Liability/Automobile Liability Special Endorsement" to your insurance company, or its authorized representative, for completion of that form. No modifications to the City's form are permitted. 5. If the insurance company or the authorized representative chooses instead to use its own endorsement form, you should allow for extra processing time by the City. The City Risk Manager or City Attorney's office must review all insurance company forms for compliance with your Contract, the Project Specifications, and the City's insurance requirements. Please return all insurance certificate and endorsement forms to the project manager for this Project. Item 7. - 302 FIB -350- SAMPLE INSURANCE CERTIFICATE ACORD. CERTIFICATE OF LIABILITY INSURANCE IDATE(MWDOA'Y'YY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC M INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD1 POLK;Y NUNBER POLICYEFFECTIVE POLICY EXPIRATION UMIT8 GENERALLIABILRY EACHOCCURRENCErru- S PREMISES Eaom.n a S COMMERCIALGENERAL LIABILITY CLAIMSMADE DOCCUR MEDEXP(Any Onnpnrcpn) S PERSONAL& ADV INJURY S GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS• COMPIOP AGG S POLICY 71 PRO. LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ee —id—l) BODILY INJURY S ALL OYfNEDAUI OS SCHEDULEDAUTOS (Pipe_) BODILY INJURY S HIRED AUTOS NON-OWNEOAUTOS (Pn/a W-1) PROPERTY DAMAGE S ' fPn/socWelV) GARAGE LIABILITY AUTO ONLY-EAACCIDENT S OTHER7HAN EAACC S ANYAUTO S AUTOONLY: AGG EXCESS/UMBRELU LIABILITY EACHOCCURRENCE S OCCUR CLAIMS MAOE AGGREGATE S S S DED CTIBIE S RETENTION S W DRKERS COMPENSATION ANOML WC STATU- OTH- EMPLOYERS'LIABILITY E.L. EACH ACCIDENT S ANY PROPRIETORIPARTNERIEXECUTIVE EL. DISEASE -EA EMPLOYEE S OFTICER/MEMBEREXCLUOED7 Ifyy UU_PRO ISIO SPECIAL PROVLSIONS be4o. E.L. DISEASE. POLICY UNIT S DINER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENODRSENENT I SPECIAL PROMSIONS By the attached Endorsement(s): the City of Glendale, its officers, agents, employees, and representatives are added as additional insureds Under the policy(s); the Insurance is non-contributory and p6maryto the City's insurance or self-insurance; the insurance afforded under the pDllcy(s) applies separately to each insured against whom a claim is made or a suit is brought; and the issuing company shall mall 30 days advance notice to the City for any policy cancellation, termination, or reduction of coverage. CEKTIFICATE HOLDER CANGELLAIION City of Glendale SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Division/Section: DATE THEREOF, THE ISSUING INSURER WILL Q OPM MAIL �'/n _L DAYS WRITTEN Address: NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT ATTN: Project Manager: AUTHORIZED REPRESENTATIVE Contract/Project: ACORD 25 (20011081 © ACORD CORPORATION 1988 x B _;; 1_ Item 7.- 303