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HomeMy WebLinkAboutC-5648 - MSA for Tree Maintenance ServicesAMENDMENT NO. THREE TO MAINTENANCE SERVICES AGREEMENT WITH GREAT SCOTT TREE SERVICE, INC. FOR TREE MAINTENANCE SERVICES THIS AMENDMENT NO. THREE TO MAINTENANCE SERVICES AGREEMENT ("Amendment No. Three") is made and entered into as of this 14th day of May, 2024 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREAT SCOTT TREE SERVICE, INC., a California corporation ("Contractor"), whose address is 17061 Court Ave. Stanton, CA 90680, and is made with reference to the following: RECITALS A. On November 13, 2013, City and Contractor entered into a Maintenance Services Agreement ("Agreement") for tree maintenance services for City -maintained trees ("Project"). B. On November 13, 2014, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect Extra Work performed under the Agreement, and to increase the total compensation. C. On July 1, 2019, City and Contractor entered into Amendment No. Two to the Agreement ("Amendment No. Two") to extend the term of the Agreement, to increase the total compensation limit, as amended, over the term of the Agreement to account for the anticipated increase in volume of work, revise annual billing rate increases, update the Schedule of Billing Rates, update the project manager information, update the City's administrator information, update the notices section, update the claims section, and incorporate language pertaining to prevailing wage requirements. D. The parties desire to enter into this Amendment No. Three to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to June 30, 2027, to increase the total compensation, and to revise the method for adjusting billing rates set forth in the Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2027, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. Three shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit B to the Agreement, Exhibit B to Amendment No. Two and Exhibit B to Amendment No. Three shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed Twenty Three Million Sixty Thousand Dollars and 00/100 ($23,060,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subcontractor fees, in an amount not to exceed Six Milton One Hundred Thousand Dollars and 00/100 ($6,100,000.00). Section 4.2 — Section 4.2 to the Agreement is hereby deleted in its entirety and replaced with the following: "Upon the first anniversary of July 1, 2019, and upon each July 1 of the subsequent years thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be increased by two and one half percent (2.5%) of the Billing Rates in effect immediately preceding such adjustment. Notwithstanding the foregoing, as of July 1, 2024, in lieu of the rate adjustment formula described in this paragraph, the Billing Rates shall adjust each year as set forth in Exhibit B, with the rates listed in Exhibit B for "2024" effective July 1, 2024, and the rates listed for each subsequent year effective July 1 of that year." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Great Scott Tree Service, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 5-1Z1 (4 By: a" ('�) � tj6n y Att r ey p ATTEST: Date: l�..l�u, ► i1, ►III Brown City Clerk I �(.! FOR© Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: 3 /zoZy By: Will O'Neill Mayor CONTRACTOR: GREAT SCOTT TREE SERVICE, INC., a California corporation Date: Signed in Counterpart By: Scott P. Griffiths Chief Executive Officer, Secretary Date: Signed in Counterpart By: Steve J. Guzowski Chief Financial Officer [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Great Scott Tree Service, Inc. Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Sr/2-/2.4 By: ; �, -A a� (�,, on C. Harp s Cf y Attorney /y ATTEST: Date: Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONTRACTOR: GREAT SCOTT TREE SERVICE, INC., a California corporation Date: By: C Date: teve J. G owski Chief Financial Officer [END OF SIGNATURES] Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Great Scott Tree Service, Inc. Page 3 EXHIBIT SCOPE OF SERVICES Great Scott Tree Service, Inc. Page A-1 Exhibit A Scope of Services Contractor shall perform the following services: • Annual Coral and Ficus Tree Pruning: Any tree Work performed on a City tree must be done according to the City's specification. The criterion for pruning varies based on the type or purpose of pruning. A Full Prune for Coral and Ficus trees is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for full Prune shall have as much as 50% of the live foliage removed. It may also include crown reduction trimming as directed. • Annual Canary Island Date Palm (Phoenix canariensis) Pruning: Dead petiole bases shall be formed into an ornamental ball, which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four and no more than eight feet below the lowest live frond in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper in, resulting in a "pineapple" appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree, the Contractor may use a clean chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in shaping and maintaining ornamental balls often results in ornamental balls which have flat, un-tapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. • Sounding of Date Palms shall be conducted during each pruning. • New blades for each and every Canary Island Date Palm at each pruning shall be provided by the contractor at their sole cost EXHIBIT B SCHEDULE OF BILLING RATES Great Scott Tree Service, Inc. Page B-1 Exhibit B - Billing Rates Rates Effective as of July 1, 2024 Trim Frequency 2 yrs. Grid Pricing Each Annual Pruning of Palms Each Annual Pruning of Coral trees, Ficus trees, and Date Palms (Due to Change in Scope) Each Service Request Pruning Each Palm Skinning Per foot Tree and Stump Removal DSH per inch Tree Only Removal DSH per inch Stump Only Removal DSH per inch Inspection Reports Per Tree Certified Arborist Inspection Per Hour Common variety Trees 15 gallon w/o rb Each 15 gallon w/ rb Each 24 in box w/o rb Each 24 in box w/ rb Each 36 in box w/o rb Each 36 in box w/ rb Each 48 in box w/o rb Each 48 in box w/ rb lEach 60 in box w/o rb Each 60 in box w/ rb Each Special Variety 15 gallon w/o rb Each 15 gallon w/ rb Each 24 in box w/o rb Each 24 in box w/ rb Each 36 in box w/o rb Each 36 in box w/ rb Each 48 in box w/o rb Each 48 in box w/ rb Each 60 in box w/o rb lEach 60 in box w/ rb lEach GPS Inventory Per tree site Root prune with 12 in barrier foot Root prune with 18 in barrier foot Tree iniection Per tree site Rental (3 men) per hour aencv Crew rental (3 men) per hour Year 1 Year 2 Year 3 2024 2625 2026 $67.06 $69.07 $70.80 $67.06 $69.07 $70.80 $280.91 $289.34 $296.57 $81.01 $83.44 $85.53 $16.76 $17.27 $17.70 $30.73 $31.65 $32.44 $19.56 $20.15 $20.65 $12.58 $12.96 $13.28 $62.86 $64.75 $66.36 $90.80 $93.53 $95.87 $125.72 $129.49 $132.73 $153.67 $158.28 $162.23 $314.31 $323.74 $331.84 $356.22 $366.91 $376.08 $970.89 $1,000.01 $1,025.01 $1,040.73 $1,071.95 $1,098.75 $2,088.45 $2,151.11 $2,204.89 $2,228.14 $2,294.99 $2,352.36 $3,485.40 $3,589.96 $3,679.71 $3,625.10 $3,733.85 $3,827.19 $202.56 $208.64 $213.85 $230.50 $237.42 $243.35 $454.01 $467.63 $479.32 $495.91 $510.79 $523.56 $1,250.27 $1,287.78 $1,319.97 $1,320.12 $1,359.72 $1,393.71 $2,507.53 $2,582.75 $2,647.32 $2,647.23 $2,726.64 $2,794.81 $4,044.18 $4,165.51 $4,269.64 $4,183.87 $4,309.38 $4,417.12 $4.20 $4.32 $4.43 $12.58 $12.96 $13.28 $19.56 $20.15 $20.65 $54.48 $56.11 $57.52 $412.09 $424.45 $435.06 $251.45 $259.00 $265.47 $293.36 $302.17 $309.72 UPDATED SCHEDULE OF BILLING RATES DESCRIPTION Grid Pruning UNIT 2023 Each $59.44 Annual Pruning Each $59.44 Service Request Pruning Each $71.81 Palm Skinning Per Foot $14.86 Tree & Stump Removal Per Inch $27.24 Tree Only Removal Per Inch $17.34 Stump Only Removal Per Inch $11.15 Inspection Report Per Tree $55.72 Certified Arborist Inspection Per Hour $80.49 COMMON VARIETY TREES Plant 15 gallon w/o root barrier Each $111.44 Plant 15 gallon w/root barrier Each $136.21 Plant 24" Box w/o root barrier Each $278.61 Plant 24" Box w/root barrier Each $315.76 Plant 36" Box w/o root barrier Each $860.60 Plant 36" Box w/root barrier Each $922.51 Plant 48" Box w/o root barrier Each $1,851.22 Plant 48" Box w/root barrier Each $1,975.04 Plant 60" Box w/o root barrier Each $3,089.48 Plant 60" Box w/root barrier Each $3,213.31 SPECIAL VARIETY TREES Plant 15 gallon w/o root barrier Each $179.55 Plant 15 gallon w/root barrier Each $204.32 Plant 24" Box w/o root barrier Each $402.44 Plant 24" Box w/root barrier Each $439.58 Plant 36" Box w/o root barrier Each $1,108.25 Plant 36" Box w/root barrier Each $1,170.16 Plant 48" Box w/o root barrier Each $2,222.69 Plant 48" Box w/root barrier Each $2,346.52 Plant 60" Box w/o root barrier Each $3,584.79 Plant 60" Box w/root barrier Each $3,708.61 GPS Tree Inventory Per Tree Site $3.72 Root Prune w/12" barrier Per Foot $11.15 Root Prune w/18" barrier Per Foot $17.34 Tree Injection Per Tree $48.29 Watering Crew Rental (3 men) Per Day Per Hour $365.28 $222.89 Emergency Crew Rental (3 men) Per Hour $260.04 CITY OF NEWPORT BEACH ' F,W poRT ova, I�I.II � Great Scott Tree Services 10761 Court Ave Stanton, CA 90680 Attm Scott Griffiths RE: Notification of 2022 CPI Adjustment to Billing Rates 100 Civic Center Dr. Newport Beach, California 92660 949 644-3311 newportbeachca.gov/publicworks Per section 4.2 of the contract, Exhibit B (Schedule of Billing Rates) shall be adjusted by 2.5%. The updated schedule of billing rates shall be applied to all work completed on or after the anniversary of the effective date July 1 _ A breakdown of the CPI adjustment is detailed below. Please see the Updated Schedule of Billing Rates with the 2.5% increase. The new rates will become effective July 1, 2022. Thank you, Kevin Pekar Parks & Trees Superintendent G�tJ !�tr Micah Martin Deputy Director of Public Works, Municipal Operations Division UPDATED SCHEDULE OF BILLING RATES Description Grid Pricing Each $57.99. Annual Pruning Each $57.99 Service Request Pruning Each $70.06 Palm Skinning Per foot $14.49 Tree and Stump Removal DSH per inch $26.58 Tree Only Removal DSH per inch $16.92 Stump Only Removal DSH per inch $10.88 Inspection Reports Per Tree $54.36 Certified Arborist Inspection Per Hour $78.5Common variety Trees 15 gallon w/o rb Each $108.72 15 gallon w/ rb Each $132.89 24 in box w/o rb Each $271.82 24 in box wl rb Each $308.06 36 in box w/o rb Each $839.61 36 in box wl rb Each $900.01 48 in box w/o rb Each $1,806.06 48 in box wl rb Each $1,926.87 60 in box w/o rb Each $3,014.13 60 in box wl rb I Each $3,134.94 Special Variety 15 gallon w/o rb Each $175.17 15 gallon w/ rb Each $199.33 24 in box w/o rb Each $392.62 24 in box w/ rb Each $428.86 36 in box w/o rb Each $1,081.22 36 in box w/ rb Each $1,141.62 48 in box w/o rb Each $2,168.48 48 in box w/ rb Each $2,289.29 60 in box w/o rb Each $3,497.35 60 in box wl rb I Each $3,618.16 GPS Inventory Per tree site $3.63 Root prune with 12 in barrier foot $10.88 Root prune with 18 in barrier foot $16.92 Tree injection Per tree site $47.11 Waterin da $356.38 Crew Rental 3 menper hour $217.46 Emergency Crew rental 3 menper hour $253.69 AMENDMENT NO. TWO TO MAINTENANCE SERVICES AGREEMENT WITH GREAT SCOTT TREE SERVICE, INC. FOR TREE MAINTENANCE SERVICES THIS AMENDMENT NO. TWO TO MAINTENANCE SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 1st day of July, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREAT SCOTT TREE SERVICE, a California corporation ("Contractor"), whose address is 10761 Court Ave. Stanton, CA 90680, and is made with reference to the following: RECITALS A. On November 13, 2013, City and Contractor entered into a Maintenance Services Agreement for tree maintenance services for City -maintained trees ("Project"). B. On November 13, 2014, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect Extra Work performed under the Agreement, and to increase the total compensation for Work performed in 2014. C. Since entering into the Agreement, the volume of work needed by the City covered by the Agreement, as amended, is higher than originally anticipated. Such work includes providing additional tree maintenance services for City -maintained trees than originally anticipated. D. City desires to enter into this Amendment No. Two to extend the term of the Agreement, to increase the total compensation limit, as amended, over the term of the Agreement to account for the anticipated increase in volume of work, revise annual billing rate increases, update the Schedule of Billing Rates, update the project manager information, update the City's administrator information, update the notices section, update the claims section, and incorporate language pertaining to prevailing wage requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2024, unless terminated earlier as set forth herein. At the City's sole discretion, the term of the Agreement may be extended up to three (3) times for an additional two (2) years per extension by written amendment to the Agreement." 2. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be amended in its entirety and replaced with the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Great Scott Tree Service, Inc. Page 1 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided, herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Sixteen Million Nine Hundred Sixty Thousand Dollars and 00/100 ($16,960,000.00), without prior written amendment to the Agreement." The total amended compensation reflects a change from a not to exceed compensation amount of One Million Three Hundred Thousand Dollars and 00/100 ($1,300,000.00) per contract year plus annual Consumer Price Index (CPI) increases, resulting in a projected overall cumulative not -to -exceed amount of Sixteen Million Three Hundred Twenty Three Thousand Seven Hundred One Dollars and 19/100 ($16,323,701.19), which includes all prior CPI adjustments, an additional Five Hundred Thousand Dollars and 00/100 ($500,000.00) pursuant to Amendment No. 1 of this Agreement, and a fixed maximum annual compensation increase of two and one half percent (2.5%) for the Fiscal Years 2019/2020 through the remainder of the contract term. The total amended compensation reflects Contractor's additional compensation for additional services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Six Hundred Thirty Six Thousand Two Hundred Ninety Eight Dollars and 81/100 ($636,298.81). Section 4.2 of the Agreement is amended in its entirety and replaced with the following: "Upon the first anniversary of July 1, 2019, and upon each July 1 of the subsequent years thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be increased by two and one half percent (2.5%) of the Billing Rates in effect immediately preceding such adjustment." 3. PROJECT MANAGER Section 5.1 of the Agreement is amended in its entirety and replaced with the following: "Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Scott Griffiths to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel." 4. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and replaced with the following: "This Agreement will be administered by the Public Works Department. City's Deputy Public Works Director — Municipal Operations or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Great Scott Tree Service, Inc. Page 2 Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement." 5. NOTICES Section 23.2 is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Deputy Public Works Director — Municipal Operations Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658" Section 23.3 is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Scott Griffiths Great Scott Tree Service, Inc. 10761 Court Ave. Stanton, CA 90680" 6. CLAIMS Section 24 of the Agreement shall become 24.1 and Section 24.2 shall be added to the agreement to read: "To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.)." 7. LABOR AND PREVAILING WAGE REQUIREMENT The title of Section 26 shall be amended and read as follows: "Labor and Prevailing Wage." Section 26.5 shall be added to the agreement to read: "Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work or Services contemplated under the Agreement Great Scott Tree Service, Inc. Page 3 shall be paid to all workmen employed on the Work or Services to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work or Services is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof." Section 26.6 shall be added to the agreement to read: "Contractor warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work." 8. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Great Scott Tree Service, Inc. Page 4 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— By - Aaron C. Harp oz.►2 ►q City Attorney ATTEST:, L^ Date: 7 By: a"z d 'e & '/' Le�rgI. Bn Cier Attachment: CITY OF NEWPORT BEACH, a California unicipal corporation Date: l 3 • l S r By:(J�A_T Dia a B. Dixon Mayor CONTRACTOR: Great Scott Tree Service, a Californi c rporation Date: B Scott P. Griffj President Date: .3--ab-/`j '4 Z_ A'�61 By: teve Gu ski Chief Financial Officer [END OF SIGNATURES] Exhibit B: Schedule of Billing Rates Great Scott Tree Service, Inc. Page 5 EXHIBIT B SCHEDULE OF BILLING RATES Great Scott Tree Service, Inc. Page B-1 2019 UPDATED SCHEDULE OF BILLING RATES Description Grid Pricing Unit Each 2018 $ 53.85 Annual Pruning Each $ 53.85 Service Request Pruning Each $ 65.06 Palm Skinning Per foot $ 13.46 Tree and Stump Removal DSH per inch $ 24.68 Tree Only Removal DSH per inch $ 15.71 Stump Only Removal DSH per inch $ 10.10 Inspection Reports Per Tree $ 50.48 Certified Arborist Inspection Common variety Trees 15 gallon w/o rb Per Hour Each $ 72.92 $ 100.96 15 gallon w/ rb Each $ 123.40 24 in box w/o rb Each $ 252.41 24 in box w/ rb Each $ 286.06 36 in box w/o rb Each $ 779.66 36 in box w/ rb Each $ 835.75 48 in box w/o rb Each $ 1,677.11 48 in box w/ rb Each $ 1,789.29 60 in box w/o rb Each $ 2,798.92 60 in box w/ rb Special15 gallon w/o rb Each Each $ 2,911.10 $ 162.66 15 gallon w/ rb Each $ 185.10 24 in box w/o rb Each $ 364.59 24 in box w/ rb Each $ 398.24 36 in box w/o rb Each $ 1,004.02 36 in box w/ rb Each $ 1,060.11 48 in box w/o rb Each $ 2,013.65 48 in box w/ rb Each $ 2,125.83 60 in box w/o rb Each $ 3,247.64 60 in box w/ rb GPS Inventory Each Per tree site $ 3,359.82 $ 3.37 Root prune with 12 in barrier foot $ 10.10 Root prune with 18 in barrier foot $ 15.71 Tree injection Per tree site $ 43.75 Watering CrewRental(3 men) M "M day "perhour $ 330.93 $ 201.93 Emergency Crew rental (3 men) per hour $ 235.58 AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT WITH GREAT SCOTT TREE SERVICE, INC. FOR TREE MAINTENANCE SERVICES THIS AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into as of this 137H day of November, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREAT SCOTT TREE SERVICE, INC., a California corporation ("Consultant"), whose address is 10761 Court Avenue, Stanton, California 90680, and is made with reference to the following: RECITALS A. On November 13, 2013, City and Consultant entered into a Maintenance Services Agreement ("Agreement") for tree maintenance services for City - maintained trees ("Project'). B. City desires to enter into this Amendment No. One to reflect Extra Work performed under the Agreement, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Section 4.6 shall be added to the Agreement to read: "City shall pay Consultant for Extra Work performed in 2014 on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached as Exhibit B. Consultant's compensation for Work performed in 2014 in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Eight Hundred Thousand Dollars and 001100 ($1,800,000.00)." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Hundred Thousand Dollars and 001100 ($500,000.00). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Great Scott Tree Service, Inc. IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEYS OFFICE Date: ! 11 5�1!� By: (/ �-- Aaron C. Harp City Attorney ATTEST: i J� Date: t By:AAsbh:-:::� Leilani 1. Brown• City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Mayor CONSULTANT: GREAT SCOTT TREE SERVICE, INC:, a California corporation Scott P. Griffiths President Date: S By: /./ ..✓ c /�ni Steven J. Gufzowski Chief Financial Officer [END OF SIGNATURES] Great Scott Tree Service, Inc. 2 ATTACHMENT C MAINTENANCE SERVICES AGREEMENT WITH GREAT SCOTT TREE SERVICE, INC. FOR TREE MAINTENANCE SERVICES THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into as of this 13th day of November, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREAT SCOTT TREE SERVICE, INC., a California corporation ("Contractor"), whose address is 10761 Court Ave, Stanton, CA 90680, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform tree maintenance services for City maintained trees ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2023, unless terminated earlier as set forth herein. At the City's sole discretion, the term of the Agreement may be extended up to three (3) times for an additional two (2) years per extension by written amendment to the Agreement. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality 27-7 2.2 . For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.3 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million Three Hundred Thousand Dollars and 00/100 ($1,300,000.00) per contract year, subject to the annual Consumer Price Index increase detailed in Section 4.2 below, without prior written amendment to the Agreement. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the Great Scott Tree Service, Inc. Page 2 Nc] value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed two and one half percent (2.5%) of the Billing Rates in effect immediately preceding such adjustment. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Jacob Griffiths to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Great Scott Tree Service, Inc. Page 3 27-9 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations. City's Parks & Trees Superintendent or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. Great Scott Tree Service, Inc. Page 4 27-10 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 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. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are Great Scott Tree Service, Inc. Page 5 27-11 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. Great Scott Tree Service, Inc. Page 6 27-12 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document, computerized tree inventory system, any other writing produced, including any electronic records (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 20. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate Great Scott Tree Service, Inc. Page 7 27-13 right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 22. CONFLICTS OF INTEREST 22.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 22.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 23.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Parks & Trees Superintendent Municipal Operations City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 23.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Jacob Griffiths Great Scott Tree Service, Inc. 10761 Court Ave Stanton CA 90680 Great Scott Tree Service, Inc. Page 8 27-14 24. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 25. TERMINATION 25.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. f�T��_1-Zi7:7 26.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 26.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 26.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. Great Scott Tree Service, Inc. Page 9 27-15 26.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 27. STANDARD PROVISIONS 27.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 27.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 27.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 27.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 27.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 27.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 27.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to Great Scott Tree Service, Inc. Page 10 27-16 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 27.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 27.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 27.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Great Scott Tree Service, Inc. Page 11 27-17 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: l t%?�X 11'� Aaron C. Harp City Attorney ATTEST: I� 1-3Date: / hw—� ( ) By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation By: Keith D. Curry Mayor CONTRACTOR: Great Scott Tree Service, Inc., a California corporation By: / til Scott P. Griffiths President Date: 1: t L, I i 3 By: 1 I Jacob T. G ffiths Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Great Scott Tree Service, Inc. Page 12 27-18 EXHIBIT A SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES • INTENT o The intent of these specifications is to provide full and complete details of maintenance Services of trees throughout the City herein described, and that such trees be kept in a healthy, vigorous, and well -kept state at all times. DESCRIPTION OF PROJECT Furnish all labor, equipment, materials, and supervision to perform tree maintenance as described herein including, but not limited to, the following for all City trees located in parkways, street medians, slopes, in parks and at facilities under the jurisdiction of the City: • tree trimming; • tree removal; • disposal, clean up, and recycling of green waste; ■ root barrier and installation; • root pruning; • tree planting; • emergency services; • electronic management of all work records and tree inventory; and, • software updating. • Contract term is 10 years with an option of three (3) additional two (2) year terms. PERFORMANCE STANDARDS o Contractor must have been in the business of providing full service tree 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. Great Scott Tree Service, Inc. Page A-1 27-19 o Contractor must have the capacity to perform the following work, both consistently and concurrent with other required services: • Annually trim as many as fourteen thousand (14,000) trees, with trees ranging typically ranging in size from three (3) inches to more than thirty-six (36) inches in diameter, and with heights up to ninety (90) feet. • Annually trim as many as four thousand seven hundred (4,700) palms, from the safety of a certified aerial boom truck with boom height capacity in excess of ninety (90) feet. Workers are not allowed to use gaffs as a substitution for equipment that does not meet equipment height requirements. The Contractor must be prepared to trim trees based on seasonal appropriateness and the logistical needs of the City. • Annually remove and grind the stumps of as many as three hundred (300) trees ranging in size from three (3) inches to more than thirty-six (36) inches in diameter, and with heights up to ninety (90) feet including mature trees that may require rigging, the use of cranes, loaders and other similar equipment. In addition, provide information to USA for dig alert notices prior to commencement of work. • Annually supply and plant as many as five hundred (500) trees typically ranging in size from thirty-six (36) inches box sized nursery stock and larger, and with heights up to twenty (20) feet nursery stock. • Annually supply and plant as many as fifty (50) large palms ranging in size of ten (10) foot Brown Trunk Height and larger. • Annually water and maintain as many as five hundred (500) young trees with a regularly scheduled work plan. • Complete work during regular business hours, and at night or during weekends as requested by the City, based on seasonal appropriateness and the logistical needs of the City. o Contractor shall exhibit, by portfolio and references, the capacity to respond in an expedited manner to emergency tree incidents, ranging from limb failures on single trees to storm related damages affecting many trees. • WORKING HOURS o Normal working hours shall be between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No weekend or after-hours work is to be scheduled without prior written permission from the City, unless it is an emergency situation. Great Scott Tree Service, Inc. Page A-2 27-20 LEVEL OF MAINTENANCE o All Work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. o If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this Agreement and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or Work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. o The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. MINIMUM PERSONNEL REQUIREMENTS o The Work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications expressed within the Scope of Work. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. o At a minimum, Contractor shall provide, in addition to one (1) full time supervisor, three (3) pruning crews. Each pruning crew shall consist of, at minimum, three (3) employees, boom truck, chipper truck, chipper and pruning equipment including, but not limited to, chain saws, pole pruners, and pole saws. Each crew will consist of one (1) foreman and two (2) groundsworkers. Foremen shall be Certified Tree Workers, as well as proficient in written and oral English. o In addition, Contractor must be able to provide removal & planting crews on a monthly basis or as needed. Great Scott Tree Service, Inc. Page A-3 27-21 • The removal crew shall consist of three (3) employees, boom, one and a half (1 '/2) ton flatbed truck (or drop off bin), loader, stump machine and chain saws. • The planting crew shall consist of three (3) employees, crane and flatbed truck. • WORKMANSHIP AND SUPERVISION o Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge: • The proper license to operate all necessary equipment. • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations. • Mechanical ability to make required operator adjustments to the equipment being used. • Knowledge of safety regulations as they relate to tree care and traffic control. • American Red Cross Standard First Aid Certification (minimum of one member of each crew). • Ability to communicate orally and in writing in English. • Demonstrated knowledge of tree care and related operations. o All employees of Contractor performing Services shall be dressed in clean, unaltered uniforms with suitable company identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. • The Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform in the field. • Contractor employees shall appear neat and well-groomed at all times. • Contractor employees shall wear orange safety vests when operating machinery and/or while working within five hundred (500) feet of moving traffic or such other distances required by any applicable laws. Great Scott Tree Service, Inc. Page A-4 27-22 o All hours shall be made up if there are absences to the Contractors workforce (including sick days and vacations.) Where advanced notice is provided to the Contractor, the Contractor shall provide replacements for those absences. o Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the Services agreed to be performed by Contractor. Contractor shall provide Service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under this Agreement. o The Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, and standards and requirements described herein, in providing tree Services compatible with standard practice that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of this Agreement. o The Contractor shall endeavor to maintain good public relations at all times with the public. All Work shall be conducted in a manner which will cause the least possible interference with or annoyance to the public. o Contractors responsible for the disfigurement of trees shall be penalized in an amount equal to the appraised value of the subject tree. Trees that have been disfigured by the Contractor will be appraised by an independent Consulting Arborist and the Contractor shall be penalized for that amount. • If, at any time, the Contractor is unclear, on what course of action to follow in the field, the Contractor shall consult with the City Arborist. The Contractor should never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree. o The Contractor shall conduct all Work outlined in this Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the Work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all person, including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property. SUPERVISION OF CONTRACT Great Scott Tree Service, Inc. Page A-5 27-23 o All Work shall meet with the approval of the City's Project Administrator. There shall be a minimum of a monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A daily maintenance schedule will be submitted in writing to the City every morning. The Contractor's supervisor under this Agreement shall be available to meet with the City's representative daily during working hours, as necessary. o 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 condition is corrected in a satisfactory manner as set forth in the specifications. • SPECIFICATIONS o All Work shall conform to the pruning standards as noted in ANSI A300 (Part 1) — 2008 Pruning Standard and the companion publication ISA Best Management Practices, Tree Pruning (Revised 2008) or the latest revision. In all cases the City's representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the City's representative shall be excluded from payment. o Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1-1988, Safety Requirements or the latest revision. o These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the Work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this Work, shall be performed by the Contractor as if described in the specifications. PROVISIONS FOR EXTRAS o No new Work of any kind shall be considered Extra Work unless a separate estimate is given for said Work and the estimate is approved in writing by the City before the Work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. Great Scott Tree Service, Inc. Page A-6 27-24 o Should a change or Extra Work be found necessary by the City, all changes and Extra Work shall be performed at the same unit price item listed in the Schedule of Billing Rates attached as Exhibit B. If the Work is not listed as an item in the Billing Rates, the Contractor shall submit a fair cost estimate for the Work to be performed. A change order authorization will be issued by the City. o The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the Work described in the specifications or the Billing Rates or to omit portions of the Work so described as may be deemed necessary or expedient by the City Arborist or designated representative and the Contractor shall agree not to file a Government Claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of Work to be done. The City shall reduce the price accordingly. Alterations, modifications or deviations from the Work described in the Scope of Services by Contractor shall be subject to the prior written approval of the City. Any price adjustments shall be made by mutual consent of the parties in that case. • STREET CLOSURES, DETOURS, BARRICADES o Warning signs, lights, and devices shall be installed and displayed in conformity with the most recent addition of "The California Manual on Uniform Traffic Devices' for use in performance of Work upon highways issued by the State of California, Department of Transportation and as directed by City staff. o If the 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. o Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. o A traffic control plan shall be submitted to the Parks & Trees Superintendent ten (10) days prior to commencing Work under this Agreement. DISPOSAL o All debris generated by the Contractor in the performance of Work shall become the property of the Contractor from and after the time of site clean-up. The Contractor shall dispose of all generated debris at no additional cost to City and shall dispose of debris as is consistent with the requirements of AB 939. Great Scott Tree Service, Inc. Page A-7 27-25 o The Contractor will provide greenwaste tonnage reports to the City's Project Administrator. • RECORDS o Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and providing updated data to the current City inventory system. • This system shall be password accessible twenty four (24) hours each day of the year via the Internet. • Historic tree inventory and Work history data, to be provided by the City, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree service Work under the terms of this Agreement. • Thereafter, the Contractor shall update and maintain the tree site specific, electronic tree inventory system to reflect changes in baseline data (e.g. species, height, Diameter at Standard Height) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response Work that occurs at any tree site at which tree work is performed. The system shall be upgraded to 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 Work histories for any and all tree sites in the inventory, both individually and collectively by query, as well as future scheduling to the extent known. • All aspects of the 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 additional 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. The records created for the City shall be the property of the City. o The Contractor shall keep accurate records concerning all of his/her employees or agents. The Contractor shall provide this information in an organizational chart as changes in staffing occur. Additionally, the Contractor shall provide the City with names and telephone numbers of emergency contact employees. Great Scott Tree Service, Inc. Page A-8 27-26 o Contractor will provide on a monthly basis to the City a report of any changes noted or performed by the Contractor to the existing street tree inventory. The City reserves the right to adjust tree quantities to this Agreement. EMERGENCY SERVICES o The Contractor will provide the City a twenty-four (24) hour emergency phone number and name of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during normal business hours of operation, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. o Telephone responses by the Contractor to tree related emergency calls during normal business hours of operation and after-hours shall be made within (15) fifteen minutes of the initial call. o The response time for a crew to arrive on -site for tree related emergencies during normal business hours of operation is thirty (30) minutes. o The response time for a crew to arrive on -site for tree related emergencies outside of normal business hours of operation is one (1) hour. LICENSE o In addition to any and all relevant City, State and Federal permits and licenses required in the execution of the Agreement, the Contractor shall hold a valid and current California C-61/D49 and C-27 License and submit a copy thereof. The name and permit number will be supplied to the City prior to commencement of Work under this Agreement, and any changes shall be forwarded within twenty-four (24) hours of said change. CONTRACTOR'S OFFICE o Contractor is required to maintain an office within a thirty (30) minutes response time of the City and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cell phone or pager. In instances of an emergency, the Contractor shall have a maximum response time of thirty (30) minutes if the emergency occurs during normal working hours; and one (1) hour if it occurs outside of normal working hours. There will be no Great Scott Tree Service, Inc. Page A-9 27-27 on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a storage facility. • SCHEDULES o The City operates on a three (3) year prune cycle trimming approximately 33,000 trees. In addition, the City annually prunes approximately 4,860 trees and approximately 1,200 trees by service request. o Annual Schedule • Prior to commencement of Work, the Contractor shall be required to submit a Work schedule based on the City's annual pruning requirements, removal and placement program, and planting projects. The Work schedule shall include a recommended annual Work program, daily Work schedules, personnel and vehicles that would be required to complete the annual maintenance program. Depending on the City's current and future needs, the scheduled Work may require multiple crews to perform concurrently within the same time constraints. • The Contractor shall provide an annual maintenance schedule indicating the time frames when items of Work shall be accomplished per the performance requirements. • The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. o Monthly Schedule • Contractor shall meet with the City once a month to discuss Work performance, special instructions, any problems encountered and upcoming schedules. • The Project Administrator shall receive changes to the schedule at least twenty-four (24) hours prior to the scheduled time for the Work. • Failure to notify of a change and/or failure to perform an item of Work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. • The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. o Daily Schedule • The Contractor shall meet with the City's representative daily in order to review the week's work, receive special instructions, and discuss Great Scott Tree Service, Inc. Page A-10 27-28 any problems encountered on the job. Changes to daily schedule can be made verbally or by email to the City's Project Administrator. o Performance on Schedule • The Contractor has been provided the maximum latitude in establishing Work schedules that correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all Work shall be completed on the day scheduled, as shown on the weekly schedule. PERFORMANCE DURING INCLEMENT WEATHER o During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her Work force in order to accomplish those activities that are not affected by weather. o 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. o The Contractor shall obtain permission from the City's Project Administrator or designee prior to removing the Work force from a job site in instances of inclement weather or other reasons. If the Project Administrator or designee cannot be reached, the Contractor shall notify the Urban Forester for said permission. PUBLIC NOTICING o At least seventy-two hours (72) in advance, the Contractor shall supply and post standard signage on the trunk of a tree on which work is to be performed. The signage must clearly state what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree. In the event that a tree trunk is not available for posting, the Contractor shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding. o TOOL SANITATION o On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten percent (10%) chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Great Scott Tree Service, Inc. Page A-11 27-29 Dumping used or old bleach solutions on the ground or down the storm drain and will result in severe penalties to the Contractor. • WILDLIFE PROTECTION o The Contractor shall have a wildlife protection program that outlines an employee protocol when wildlife is discovered in trees scheduled for pruning. A copy of the program material shall be made available to the City's Project Administrator. o Prior to the commencement of any Work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. There shall be no Work of any type in a tree where an active nest is found, without the written permission of the City Arborist or designated representative. At no time shall any nest or wildlife be removed from its location. o In the event that wildlife is accidentally displaced and assistance is required, the Contractor shall notify the City's Animal Control service and/or the nearest appropriate animal rescue facility. UNDERGROUND EXCAVATIONS o Before commencing any excavation, the Contractor shall be responsible for locating all underground utility lines to insure the safety of the Work crew and to protect, in place, existing utility equipment. Contractor shall contact the City's Project Administrator and Underground Service Alert (www.digalert.org or 811) forty-eight (48) hours before commencing any excavation, to locate underground service lines. o The Contractor shall be responsible for removing all excavation marks after the Work is complete. Contractor shall request that all marking be made with water -based or chalk -based paint. Great Scott Tree Service, Inc. Page A-12 27-30 TECHNICAL MAINTENANCE SPECIFICATIONS . TREE INVENTORY o Contractor shall provide a complete update of the City's tree inventory at no additional cost to the City and submit the completed inventory to the City within six (6) months of the Effective Date of the Agreement. The tree inventory data shall conform to the existing tree inventory database and include but not be limited to the following data fields: c Tree Location • A GPS tree inventory shall be created using a template based on our existing Tree Inventory (the City's GIS Division will provide), using the City's standardized addressing system for all parks and open space areas. The Contractor shall be required to create, and maintain an ESRI-compatible "shape file", with all applicable attribute information for each tree populated. • The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.), in the City's GIS coordinate system (State Plane, NAD83, US feet, 1991.35 epoch). • The tree inventory shall be conducted by visiting each tree site or vacant planting site and plotting the position. See above for file requirements. The minimum accuracy shall be not more than one (1) foot. o Measurement of canopy spread • As a part of the data collection process, the canopy spread will be measured using either a laser rangefinder or a Roll -a -Tape, to the nearest foot, using a pre -established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City. o Tree condition • General condition of individual trees ; • Pruning requirements (i.e., recommended pruning cycle); and • Condition of surrounding hardscape (i.e. displaced or recent repairs). o Incorporate root pruning information • This information is attached to the current inventory and will need to be Great Scott Tree Service, Inc. Page A-13 27-31 included as part of the updated inventory. As a part of the field data collection process the Contractor will attempt to match the City's root pruning data against field conditions. The Contractor shall match as many root pruning records as possible with the findings from the field. • GENERAL MAINTENANCE REQUIREMENTS o All maintenance functions shall be performed in accordance with the following specifications. The City shall have the right to determine schedule days and the extent and frequency of additional "as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed facilities. o All operations will be conducted to provide maximum safety for the public and minimize disruption of the public use of City parks and streets. o Clean sidewalks, roadways, and any other areas littered or soiled by Contractor maintenance operations. o Maintain the premises free of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his/her construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used for the disposal of debris collected by the Contractor. o Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. o Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. o Notify the City immediately of any unusual and hazardous conditions at the Work site. HARDWOOD TREE PRUNING o Any tree Work performed on a City tree must be done according to the City's specifications. The criterion for pruning varies based on the type or purpose of pruning. o General Specifications for hardwood tree pruning • Contractor shall consult with the City Arborist before making any cuts that could result in permanent disfigurement of the structure of any tree. Great Scott Tree Service, Inc. Page A-14 27-32 • Trees shall be pruned to prevent branch and foliage interference with safe public passage. Street clearance shall be kept to a minimum of eleven feet, six inches (11' 6") above the paved surface of the street and eight feet six inches (8' 6") feet above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, the Contractor shall not prune the tree until direction is obtained from the City Arborist. • When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. • When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. • Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be corrected. • All final tree -pruning cuts shall be made in such a manner to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed. • All dead and dying branches and branch stubs shall be removed. • All broken or loose branches shall be removed. • Branches that are developing in such 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. • Selectively prune branches that create sight line conflicts with traffic control signs and/or devices. Great Scott Tree Service, Inc. Page A-15 27-33 • Selectively prune branches that are within five (5) feet of a structure. • Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. • Prune to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the City Arborist to do otherwise. ■ Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees. • Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. • All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major pest problems shall be promptly reported to the City. • All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un-abrasive wood surface and secure bark remaining intact. • All trees six (6) inches in diameter or less shall be pruned with hand tools only. • Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease/decay problems. • Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible. • The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by the City to aid in the safety of climbers performing the removal of a tree. o Pruning Classifications for Hardwood Trees A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a Great Scott Tree Service, Inc. Page A-16 27-34 Full Prune shall have no more than thirty percent (30%) of the live foliage removed. A Full Prune typically consists of one or more of the following pruning treatments: • Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low -vigor branches and water sprouts from the entirety of the tree crown. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing" disrupts the structural integrity of the tree, making it subject to limb and branch failure, especially during high winds. • Crown Thinning: Crown Thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind -sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown a can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, up to thirty percent (30%) of the live foliage may be removed unless directed otherwise by the City Arborist. • Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites. • Crown restoration: Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. This treatment is best performed by tree workers who have a good understanding of the effects of pruning for the cultivation of tree canopies. • Crown Raising/Clearance Prune A Crown Raising or Clearance Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or clearance prune does not involve the detail of work found in a full prune. Crown raising or clearance pruning may consist of one or more of the following pruning types: Great Scott Tree Service, Inc. Page A-17 27-35 • Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-half of its foliage on branches that originate in the lower two- thirds of its crown to ensure a well -formed, tapered structure and to uniformly distribute stress within the tree. • Clearance Prune: Clearance prune is employed as a means of eliminating limbs from the crown of a hardwood tree when an entire pruning of the tree is not warranted. Clearance pruning does not involve the fine detail work described herein as "full prune". o Pruning Specifications for Individual Hardwood Species • General Trimming and Shaping of Conifers Two basic classes of conifers can be found in the City, those with branches radiating out from the trunk in whorls such as Pine trees or Cedar trees and those that sprout branches in a random manner such as Juniper or Taxus. Conifers shall typically be pruned in late winter or early spring. Typically, up to thirty percent (30%) of the live foliage may be removed unless directed otherwise by the City Arborist. • Contractor shall avoid damaging the central leader on all conifers. In specific cases, the City Arborist may direct the contractor to remove the central leader in an effort to limit the height of specific trees. • At the time of pruning, the City Arborist 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 conifers contractor shall be required to prune the new growth of lateral limbs. • Typical pruning of conifers shall consist of removing crossed limbs, deadwood or unwanted branches from the interior of the canopy. • General Trimming and Shaping of Broadleaf Trees Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City Arborist and in accordance with the following: • Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permit the Great Scott Tree Service, Inc. Page A-18 27-36 dead material to be easily cleaned out and allow light to show through the head. • Tree foliage shall be reduced by at least twenty-five percent (25%) and up to thirty percent (30%). • In specific cases, the City Arborist may direct the contractor to reduce the size of the tree crown in an effort to limit the height of specific trees. • Trim to remove dead wood or weak, diseased, insect -infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. • Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. • Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. • PALM TREE PRUNING Any tree Work performed on a City tree must be done according to the City's specification. The criterion for pruning varies based on the type or purpose of pruning. Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds, seedpods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type. o The specifications for the pruning of palm trees areas follows: • While making an approach to the palm crown for pruning, the Contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality. Upon finding any condition suggestive of a structural abnormality of the palm stem, the Contractor shall report to the City Arborist immediately. • Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree. Great Scott Tree Service, Inc. Page A-19 27-37 • At no time shall a chainsaw be used to prune any frond from any Canary Island Date Palm (Phoenix canariensis). The use of chainsaws to prune any frond from any Canary Island Date Palm will result in monetary penalties. • Live, healthy fronds, initiating at an angle of ninety (90) degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds. • Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any Canary Island Date Palm (Phoenix canariensis). • The use of chainsaws to prune any fruit or flower structures from any Canary Island Date Palm will result in severe penalties. • Care shall be taken in the handling of fruit and flowers, as they are likely to release clear liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm fruit related stains from private property hardscape elements. • Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: • Canary Island Date Palm (Phoenix canariensis): dead petiole bases shall be formed into an ornamental ball, which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper in, resulting in a "pineapple' appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree, the Contractor may use a clean chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in Great Scott Tree Service, Inc. Page A-20 27-38 shaping and maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. • The Contractor shall use care not to cut into live trunk tissue while maintaining the ornamental ball. The Contractor shall remove any foreign plant material that has sprouted in an ornamental ball. The Contractor shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned. • Date Palm (Phoenix dactylifera): spent petiole bases are left to form a supportive "base' below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the base does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the base of the canopy, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree, the Contractor may use a chainsaw in forming and/or shaping the base of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The Contractor shall use care not to cut into live trunk tissue while maintaining the nut. The Contractor shall verify that the base meets the standard described herein each time a Date Palm is pruned. • Queen Palm (Syagrus romanzoffianum): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. • King Palm (Archontophoenix cunninghamiana): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. • Mexican Fan Palm (Washingtonia robusta): spent petiole bases are left uniformly long to form a base, which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is pruned. • California Fan Palm (Washingtonia filifera): spent petiole bases are left uniformly long to form a nut, which shall extend no more than Great Scott Tree Service, Inc. Page A-21 27-39 eight (8) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a California Fan Palm is pruned. TREE REMOVAL Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system. o The Contractor shall comply with all general specifications standards described herein. o The diameter price in the Schedule of Billing Rates for tree removals is inclusive of all staff, materials and equipment necessary to remove trees as described herein. o As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. The Contractor shall notify the City Arborist or designated representative, in writing, of any condition that prevents the removal of a tree and/or the grinding of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins. o The Contractor shall comply with wildlife protection standards described herein whenever removing a tree. o The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City Arborist for assistance. The errant removal of trees shall be penalized. o During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Loss of control incidents shall be penalized. o Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment. Crane operators shall be certified by Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified operators shall not result in additional charges to the City. Great Scott Tree Service, Inc. Page A-22 27-40 o While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public right-of-ways or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property. o Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chips and stump grindings shall not be used as a backfill material. o The Contractor shall be responsible for the repair of any private or public property irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged. • TREE PLANTING & YOUNG TREE CARE o Tree Planting • Tree planting consists of the installation of nursery stock container or palm trees supplied by the Contractor. • The Contractor shall comply with all general specifications standards described herein. • As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. • The Contractor shall supply high -quality nursery stock, which is fully rooted, and representative of recognized standards for size and quality of the material being planted. The Contractor shall email a photo representation of the nursery stock. • Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. • Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected. Great Scott Tree Service, Inc. Page A-23 27-41 • The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting the City Arborist for assistance. In excavating planting pits, the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, the Contractor shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted. • All nursery containers and box sides shall be removed from tree root balls prior to planting. The Contractor shall not install trees with box bottoms left on. All container debris (e.g. strapping, box fragments, and nails) shall be removed from the planting pit prior to backfilling. • The Contractor shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), the Contractor shall install the tree or palm so that the top of root ball is two (2) inches above surrounding finish grade. The Contractor 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 topsoil. The topsoil portion of the backfill mix shall contain no more than ten percent (10%) well decomposed organic fines. • The Contractor shall backfill palm plantings with one hundred percent (100%) washed mortar (plaster) sand. • While back -filling, the Contractor shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill. Once the water has drained, the Contractor shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree. • The Contractor shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest Great Scott Tree Service, Inc. Page A-24 27-42 branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using City approved tree ties installed as per manufacturer's specifications. • Upon completion of the planting of a tree, the Contractor shall seed and top -dress any barren areas within ten (10) feet of the center of the trunk of the tree if there was established turf in that location. The seed shall be of the same tall fescue turf grass type existing on site or annual ryegrass if the turf is a non-seedable variety; to be applied at a rate appropriate for the type of turf seed applied. The seed shall be top dressed with well -decomposed organic fines, spread evenly with a topdressing roller, at a depth of one eighth (0.125) inch. Use of manure, native soil or chip topdressings will not be allowed. • The Contractor shall include seed establishment information for the property owner at the time of tree removal. The Contractor shall not use hoses, equipment or water from private properties while installing or watering -in parkway trees. o New Tree Care New Tree Care consists of the irrigation of young trees, which have been installed by the Contractor, and the cultivation of new canopy coverage. • The Contractor shall comply with all general specifications standards described herein. • As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall take all responsibility for any damage that occurs during the planting of any tree. • The Contractor shall not use hoses, equipment or water from private properties when watering parkway trees. • 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 Great Scott Tree Service, Inc. Page A-25 27-43 any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated. • New trees shall be watered for a minimum of one (1) year. This watering price shall be included as part of the planting price listed in the unit price sheet. • 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. • After planting a new tree, the Contractor shall post a door hanger on the neighboring homes explaining that the Contractor will be watering the new tree. The flyer will detail the homeowner's and the City/Contractor's responsibilities for the new tree. Language for this flyer will be provided by the City. ROOT PRUNING SPECIFICATIONS o In an effort to minimize future damage to public sidewalks and curbs and gutters, the City is initiating a root pruning and root barrier installation program. The Contractor will be provided a listing of trees to be root pruned. The list shall include the location of the tree, tree species, lineal feet to be root pruned and area to be pruned such as sidewalk or curb and gutter. o Roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements as indicated. Root pruning cuts adjacent to the sidewalk shall be four (4) inches wide, twelve (12) inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree as measured from the top of the sidewalk or other improvements. Root pruning cuts adjacent to the curb shall be four (4) inches wide, eighteen (18) inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree as measured from the top of the curb or other improvements. o Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking the sidewalk. o After the pruning cut has been completed, the Contractor shall install the appropriate amount of root pruning barrier by Deep Root Corporation, or an approved equal. All cuts shall be backfilled immediately upon completion of root pruning and barrier installation at each location. Backfill material shall consist of soil and/or mulch from root pruning and shall be Great Scott Tree Service, Inc. Page A-26 27-44 free of rocks and other debris. All debris generated by these operations shall be immediately removed from the site and properly disposed of by the Contractor. o 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. o The Contractor shall submit a lineal foot cost for the root pruning and root barrier installation. The cost of providing all labor, tools, equipment and materials necessary for performing the specified Work is included in the Billing Rates and no additional compensation will be allowed. Great Scott Tree Service, Inc. Page A-27 27-45 COHTA,MER 1 0710M CITY TREE PLANTING DETAIL PL}.N'I'Ud+3 PI T 'r i QM T FINER ��JIDT4. IvIIM_ ?PUX FR11511 GRADE Tree spacing 35' minimum to 50' maximum Plant 50' minimum from the BCR on the approach to an intersection and 15' From the ECR on the exit side Plant 10' minimum from edge of drive approach Provide 10' minimum clearance from utility and sewer lines Plant 20' minimum from street light standards and power poles Plant 10' minimum from fire hydrants Center tree between the sidewalk and curb Where there is no parkway, plant tree in the center of the public right-of-way Great Scott Tree Service, Inc. Page A-28 27-46 TREE PLANTING SPECIFICATIONS 1. Trees must be of quality nursery stock, free From pests, disease and structural defects. 2. Dig planting pit twice as wide as root ball, or as wide as practical per planting lo- cation. Pit should be no deeper than soil in the tree container. NOTE; If drainage is a concern, the outside perimeter of the pit can be dug deeper to divert excess water away from the root ball. (See diagram) 3. Remove the tree from the container (36 inch box) and place it in the planting pit. The soil level should be 1" - 2" above the finish grade to allow for some settling. Remove the remainder of the box on larger trees. 4. Backfill the pit''/z way with native soil, add fertilizer tablets if required and enough water to flood the bottom of the pit. Add circular installation of 12" root barrier so that the top of the root barrier is just above the finish grade. 6. Complete backfill of pit with native soil, tamping in soil with feet or shovel handle to insure there are no air pockets and that soil is reasonably firm. Prepare earthen water basin capable of holding at least 10 gallons of water. 8. Remove nursery stake and orient the tree with section of trunk shaded by nursery stake to the north. 9. Fill the water basin and let seep two times. Great Scott Tree Service, Inc. Page A-29 27-47 SPECIAL TREES DESIGNATIONS o Palms (orice determined on varietv and Brown Trunk Heiaht • King Palm • Bismarck Palm • Guadalupe Palm • Paradise Palm • Date Palm( P. dactylifera • Majesty Palm • Cuban Royal Palm • Windmill Palm o Currently Listed in Specialty Variety Trees: • Engelmann Oak • Cal. Black Oak o Trees To Be Added To GSTS Specialty Variety Tree List: • Hong Kong Orchid • Cape Chestnut • St. Mary Magnolia • Mayten Tree • New Zealand Christmas Tree • Torrey Pine • Firewheel Tree • Water Gum Great Scott Tree Service, Inc. Page A-30 27-48 Washingtonia robusta Pinus halepensis Cupaniopsis anacardioides Lophostemon confertus Liquidambar styraciflua Syagrus romenzoffianum Eucalyptus rudis Schinus terebinthifolius Eucalyptus citriodora Ficus rubiginosa Magnolia grandiflora Pyrus kawakamii Eucalyptus lehmannii Quercus agrifolia Archontophoenix cunninghamiana Melaleuca quinquenervia Pinus eldarica Pinus pines Chamaerops humilis Jacaranda mimosifolia Platanus racemosa Ficus microcarpa 'Nitida' Pinus canariensis Bauhinia blakeana Eucalyptus sideroxylon Trachycarpus fortunei Olea europaea Cinnamomum camphors Pinus radiata Metrosideros excelsus Bauhinia variegate SPECIES FREQUENCIES MEXICAN FAN PALM ALEPPO PINE CARROTWOOD BRISBANE BOX AMERICAN SWEETGUM QUEEN PALM DESERT GUM BRAZILIAN PEPPER LEMON -SCENTED GUM RUSTY LEAF FIG SOUTHERN MAGNOLIA EVERGREEN PEAR BUSHY YATE COAST LIVE OAK KING PALM CAJEPUT TREE AFGHAN PINE ITALIAN STONE PINE MEDITERRANEAN FAN PALM JACARANDA CALIFORNIA SYCAMORE INDIAN LAUREL FIG CANARY ISLAND PINE HONG KONG ORCHID TREE REDIRONBARK WINDMILL PALM OLIVE CAMPHOR TREE MONTEREY PINE NEW ZEALAND CHRISTMAS TREE PURPLE ORCHID TREE 2,824 1,647 1,616 1,474 1,341 1,249 1,116 1,087 1,009 1,006 973 866 851 632 555 542 532 530 507 489 451 429 415 407 386 363 315 313 297 277 252 Great Scott Tree Service, Inc. Page A-31 27-49 Eucalyptus maculata SPOTTED GUM 241 Phoenix canariensis CANARY ISLAND DATE PALM 241 Phoenix roebelenii PYGMY DATE PALM 240 Ficus beniamina WEEPING FIG 234 Eucalyptus globulus BLUE GUM 219 Liguidambarstyraciflua'Rotundiloba' ROUND -LEAFED SWEETGUM 213 Erythrina caffra KAFFIRBOOM CORAL TREE 204 Enobotrya deflexa BRONZE LOQUAT 192 Tipuana tip u TIPU 183 Geliera parviflora AUSTRALIAN WILLOW 177 Prunus cerasifera PURPLE -LEAF PLUM 169 Eucalyptus cladocalyx SUGAR GUM 163 Platanus acerifolia LONDON PLANE 163 Ceratonia siliqua CAROB 161 Pinus brutia CALABRIAN PINE 161 Callistemon citrinus LEMON BOTTLEBRUSH 154 Eucalyptus polyanthemos SILVER DOLLAR GUM 148 Eucalyptus ficifolia RED FLOWERING GUM 147 Fraxinus uhdei SHAMEL ASH 144 Juniperus chinensis 'Torulosa' HOLLYWOOD JUNIPER 139 Magnolia grandiflora 'Saint Mary SAINT MARY MAGNOLIA 138 Hymenosporum flavum SWEETSHADE 137 Lagerstroemia indica CRAPE MYRTLE 137 Mvoporum laetum MYOPORUM 134 Alnus rhombifolia WHITE ALDER 131 Cassia leptophvlle GOLD MEDALLION TREE 129 Podocarpus gracilior FERN PINE 128 Pvrus calleryana ORNAMENTAL PEAR 125 Tabebuia avellanedae LAVENDER TRUMPET TREE 124 Eucalyptus spp. EUCALYPTUS 118 Eucalyptus leucoxvlon WHITE IRONBARK 114 Populus nigra 'Italica' LOMBARDY POPLAR 112 Schinus molle CALIFORNIA PEPPER 112 Betula pendula EUROPEAN WHITE BIRCH ill Great Scott Tree Service, Inc. Page A-32 27-50 Zelkova serrata SAWTOOTH ZELKOVA 106 Pinus pinaster CLUSTER PINE 103 Acacia saligna BLUE LEAF WATTLE 102 Tristania laurina WATER GUM 86 Agonis flexuosa PEPPERMINT TREE 85 Liquidambar styraciflua 'Palo Alto' PALO ALTO SWEETGUM 81 Brachvchiton populneus BOTTLE TREE 79 Ulmus parvifolia CHINESE ELM 79 Phoenix dactylifera DATE PALM 75 Magnolia grandiflora 'Russet' RUSSET MAGNOLIA 72 Other tree OTHER TREE 72 Rhus lancea AFRICAN SUMAC 72 Eucalyptus torquata CORAL GUM 67 Salix laevlgata RED WILLOW 62 Cupressus sempervirens ITALIAN CYPRESS 61 Koelreuteria bipinnata CHINESE FLAME TREE 60 Magnolia grandiflora 'Little Gem' LITTLE GEM MAGNOLIA 60 Stenocarpus sinuatus FIREWHEEL TREE 60 Brahea edulis GUADALUPE PALM 57 Howea forsteriana PARADISE PALM 55 Rhaphiolepis 'Majestic Beauty INDIAN HAWTHORNE 52 Ficus microcarpa 'Green Gem' GREEN GEM INDIAN LAUREL FIG 51 Cedrus deodara DEODAR CEDAR 50 Eucalyptus robusta SWAMP MAHOGONY 50 Nerium oleander OLEANDER 50 Pinus thunbergiana JAPANESE BLACK PINE 50 Quercus suber CORK OAK 50 Eucalvptus camaldulensis RED GUM 49 Quercus berberidifolia SCRUB OAK 44 Cocas revoluta SAGO PALM 42 Pittosporum undulatum VICTORIAN BOX 39 Fraxinus uhdei 'Tomlinson' TOMLINSON ASH 38 Yucca gloriosa SPANISH DAGGER 38 Erythrina spp. CORAL TREE 37 Great Scott Tree Service, Inc. Page A-33 27-51 Strelitzia nicolai GIANT BIRD OF PARADISE 35 ulmus pumila SIBERIAN ELM 35 Casuarina cunninghamiana RIVER SHE -OAK 34 Sequoia sempervirens COAST REDWOOD 33 Pinus torreyana TORREY PINE 32 Soathodea campanulata AFRICAN TULIP TREE 32 Chitalpa tashkentensis CHITALPA 29 Eucalyptus nicholii NICHOLS WILLOW LEAFED 26 PEPPERMINT Magnolia prandiflora 'Maiestic MAJESTIC BEAUTY MAGNOLIA 26 Beauty' Callistemon viminalis WEEPING BOTTLEBRUSH 25 Cupressus macrocarpa MONTEREY CYPRESS 25 Prunus domestica PLUM 25 Tabebuia impetlginosa PINK TRUMPET TREE 25 Washingtonia filifera CALIFORNIA FAN PALM 25 Eugenia uniflora SURINAM CHERRY 24 Ravenea rivularis MAJESTY PALM 24 Ficus macrophvlla MORETON BAY FIG 23 Chionanthus retusus CHINESE FRINGE TREE 22 Acacia melanoxvlon BLACK ACACIA 21 Magnolia prandiflora 'Samuel SAMUEL SOMMER MAGNOLIA 21 Sommer' Melaleuca nesophila PINK MELALEUCA 21 Platanus acerifolia 'Bloodgood BLOODGOOD PLANE 20 Tamarix spp. TAMARISK 20 Araucaria columnaris STAR PINE 18 Arbutus 'Marina' MARINA ARBUTUS 17 Markhamia hildebrandtii MARKHAMIA 17 Quercus ilex HOLLY OAK 17 Araucaria heterophylla NORFOLK ISLAND PINE 16 Syzygium paniculatum BRUSH CHERRY 16 Grevillea robusta SILK OAK 15 Phoenix reclinata SENEGAL PALM 15 Acacia spp. ACACIA 14 Great Scott Tree Service, Inc. Page A-34 27-52 Melaleuca linariifolia FLAXLEAF PAPERBARK 14 Calodendrum capense CAPE CHESTNUT 13 Eucalyptus viminalis MANNA GUM 13 Pinus spp. PINE 13 Butia capita ta PINDO PALM 12 Eucalyptus leucoxylon 'Rosea LG.-FRUIT RED -FLOWERING GUM 12 Ficus microcarpa WEEPING INDIAN LAUREL FIG 12 Quercus kelloggii CALIFORNIA BLACK OAK 12 Tabebuia chrysotricha GOLDEN TRUMPET TREE 12 Ginkgo biloba MAIDENHAIR TREE 11 Lagunaria patersonii PRIMROSE TREE 11 Ligustrum lucidum GLOSSY PRIVET 11 Pinus coulteri COULTER PINE 11 Robinia pseudoacacia BLACK LOCUST 11 Xylosma congestum XYLOSMA 11 Acacia longifolia SYDNEY GOLDEN WATTLE 10 Cercis occidentalis WESTERN REDBUD 10 Hakes suaveolens SWEET HAKEA 10 Palm spp. PALM 10 Parkinsonia aculeeta JERUSALEM THORN 10 Podocarpus macrophyllus YEW PINE 10 Prunus persica PEACH 10 Schefflera actinophylla QUEENSLAND UMBRELLA TREE 10 Albizia iulibrissin SILK TREE 9 Bauhinia spp. ORCHID TREE 9 Calocedrus decurrens INCENSE CEDAR 9 Cercidium spp. PALO VERDE 9 Harpephyllum caffrum KAFFIR PLUM 9 Lyonothamnus floribundus FERN -LEAF CATALINA IRONWOOD 9 Maytenus boaria MAYTEN TREE 9 Morus alba WHITE MULBERRY 9 Pistacia chinensis CHINESE PISTACHE 9 Ficus carica EDIBLE FIG 8 Quercus virginiana SOUTHERN LIVE OAK 8 Great Scott Tree Service, Inc. Page A-35 27-53 Acacia baileyana BAILEY ACACIA 7 Caryota mitis CLUSTERED FISHTAIL PALM 7 EucalVptus erVthrocorys RED -CAP GUM 7 Eucalyptus macrocarpa BIG FRUIT RED FLOWERING GUM 7 Heteromeles arbutifolia TOYON 7 Neodypsis decaryi TRIANGLE PALM 7 Prunus caroliniana CAROLINA LAUREL CHERRY 7 Prunus cerasifera 'Newport NEWPORT PLUM 7 Chorisia speciosa SILK -FLOSS TREE 6 Cupressocyparis leylandii LEYLAND CYPRESS 6 Eriobotrya japonica EDIBLE LOQUAT 6 ErVthrina coralloides NAKED CORAL TREE 6 Leptospermum laevipatum AUSTRALIAN TEA TREE 6 Prunus amyadalus ALMOND 6 Umbellularia californica CALIFORNIA BAY 6 Casuarina stricta DROOPING SHE -OAK 5 Ervthrina crista-galli COCKSPUR CORAL TREE 5 Ficus spp. FIG 5 Koelreuteria paniculata GOLDENRAIN TREE 5 Lagerstroemia indica 'White' WHITE CRAPE MYRTLE 5 Agathis robusta QUEENSLAND KAURI 4 Citrus limon LEMON 4 Diospyros kaki JAPANESE PERSIMMON 4 Ficus elastica RUBBER TREE 4 Fraxinus oxycarpa 'RaVwood' RAYWOOD ASH 4 Lioustrum iaponicum JAPANESE PRIVET 4 Olea europaea 'Wilsoni' WILSON OLIVE 4 Prunus armeniaca APRICOT 4 Prunus serrulata JAPANESE FLOWERING CHERRY 4 Sambucus neomexicana ELDERBERRY 4 Aloe bainesii ALOE 3 Araucaria araucana MONKEY -PUZZLE TREE 3 Arbutus unedo STRAWBERRY TREE 3 Brahea armata MEXICAN BLUE PALM 3 Great Scott Tree Service, Inc. Page A-36 27-54 Carvota urens Cedrus atlantica Citrus sinensis Fraxinus velutina Livistona spp. Malus sylvestris Nolina recurvata Prunus ilicifolia Pvrus callervana 'Chanticleer' Roystonea regia Trithrinax acanthacoma Ulmus americana Acacia baleevana 'Purpurea' Cercis canadensis Citrus X paradisi Dracaena draco Dypsis lutescens Eucalyptus calophylla Eucalyptus cinerea Hibiscus syriacus Ilex altaclarensis 'Wilsonii' Juniperus spp. Lagerstroemia indica 'Natchez' Lagerstroemia indica 'Tuscarora' Laurus nobilis 'Saratoga' Macadamia integrifolie Malus floribunda Persea americana Phoenix rupicola Phoenix spp. Pittosporum phillyreoides Pittosporum rhombifolium Platanus acerifolia 'Columbia' Populus spp. FISHTAIL WINE PALM ATLAS CEDAR ORANGE ARIZONA ASH FOUNTAIN PALM EDIBLE APPLE PONYTAIL PALM HOLLYLEAF CHERRY CHANTICLEER PEAR CUBAN ROYAL PALM SPINY FIBER PALM AMERICAN ELM PURPLE ACACIA EASTERN REDBUD GRAPEFRUIT DRAGON TREE ARECA PALM RED BOX ASH GUM ROSE-OF-SHARON WILSON HOLLY JUNIPER NATCHEZ CRAPE MYRTLE TUSCARORA CRAPE MYRTLE SARATOGA LAUREL SMOOTH -SHELL MACADAMIA CRABAPPLE AVOCADO CLIFF DATE PALM PALM FEATHER DATE WILLOW PITTOSPORUM QUEENSLAND PITTOSPORUM COLUMBIA PLANE POPLAR 3 3 3 3 3 3 3 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Great Scott Tree Service, Inc. Page A-37 27-55 Prunus blireiana FLOWERING PLUM 2 Prunus Iyonii CATALINA CHERRY 2 Rhapis excels a LADY PALM 2 Salix matsudana 'Tortuosa' CORKSCREW WILLOW 2 Sapium sebiferum CHINESE TALLOW TREE 2 Acacia decurrens GREEN WATTLE 1 Acer oblongum MAPLE EVERGREEN 1 Acer palmatum JAPANESE MAPLE 1 Aesculus spp. HORSECHESTNUT 1 Annona cherimola CHERIMOYA 1 Betula nigra RIVER BIRCH 1 Brachvchiton acerifolius X discolor HYBRID BOTTLE TREE 1 Brachvchiton discolor PINK FLAME TREE 1 Calliandra tweedii TRINIDAD FLAME BUSH 1 Casimiroa edulis WHITE SAPOTE 1 Cedrus spp. CEDAR 1 Chamaedorea sap. PARLOR PALM 1 Citrus reticulata TANGERINE 1 Cordyline australis DRACAENA 1 Dodonaea viscosa HOPSEED 1 Eucalyptus globulus 'Compacta DWARF BLUE GUM 1 Eucalyptus pulverulenta SILVER MOUNTAIN GUM 1 Ficus Iyrafa FIDDLELEAF FIG 1 Fraxinus velutina 'Modesto' MODESTO ASH 1 Ginkgo biloba Autumn Gold' GINKGO AUTUMN GOLD 1 Gleditsia triacanthos HONEY LOCUST 1 Lagerstroemia indica 'Pink' PINK CRAPE MYRTLE 1 Laurus nobilis SWEET BAY 1 Macadamia tetraphylla ROUGH -SHELL MACADAMIA 1 Malus spp. & cv. APPLE 1 Morus spp. MULBERRY 1 Paulownia tomentosa EMPRESS TREE 1 Photinia fraseri FRASERS PHOTINIA 1 Pinus roxburghii CHIR PINE 1 Great Scott Tree Service, Inc. Page A-38 27-56 Pittosporum viddiflorum CAPE PITTOSPORUM 1 Platanus spp. SYCAMORE 1 Plumeria rubra FRANGIPANI 1 Populus alba WHITE POPLAR 1 Pyrus callervana 'RedspireREDSPIRE PEAR 1 Quercus spp. OAK 1 Quercus tomentella ISLAND OAK 1 Sabal spp. PALMETTO 1 Sophora japonica JAPANESE PAGODA TREE 1 Yucca ele hanti es GIANT YUCCA 1 Species Total: 33.736 Non Species: Vacant Site Poor Planting Site Not City Planted/Maintained Stump Dead Tree No Replant Contractor Worked On Private Tree New Tree Site Shrubs/Hedge Plantinq 7,452 321 253 78 54 4 4 2 1 Non Species Total: 8,169 Grand Total: 41,905 Great Scott Tree Service, Inc. Page A-39 27-57 EXHIBIT B SCHEDULE OF BILLING RATES Description Unit Price Grid Pruning Each $48.00 Annual Pruning Each $48.00 Service Request Pruning Each $58.00 Palm Skinning Per Foot $12.00 Tree and Stump Removal Diameter Standard Height per Inch $22.00 Tree Only Removal Diameter Standard Height per Inch $14.00 Stump Only Removal Diameter Standard Height per Inch $9.00 Inspection Report (including risk assessment) Per Tree $45.00 Certified Arborist Inspection Per Hour $65.00 Common Variety Trees* Unit Price Plant 15 gallon without root barrier Each $90.00 Plant 156 gallon with root barrier Each $110.00 Plant 24 inch box without root barrier Each $225.00 Plant 24 inch box with root barrier Each $255.00 Plant 36 inch box without root barrier Each $695.00 Plant 36 inch box with root barrier Each $745.00 Plant 48 inch box without root barrier Each $1,495.00 Plant 48 inch box with root barrier Each $1,595.00 Plant 60 inch box without root barrier Each $2,495.00 Plant 60 inch box with root barrier Each $2,595.00 Great Scott Tree Service, Inc. Page B-1 27-58 Special Variety Trees* Unit Price Plant 15 gallon without root barrier Each $145.00 Plant 15 gallon with root barrier Each $165.00 Plant 24 inch box without root barrier Each $325.00 Plant 24 inch box with root barrier Each $355.00 Plant 36 inch box without root barrier Each $895.00 Plant 36 inch box with root barrier Each $945.00 Plant 48 inch box without root barrier Each $1,795.00 Plant 48 inch box with root barrier Each $1,895.00 Plant 60 inch box without root barrier Each $2,895.00 Plant 60 inch box with root barrier Each $2,995.00 GPS Tree Inventory Per Tree Site $3.00 Root prune with 12 inch barrier Foot $9.00 Root prune with 18 inch barrier Foot $14.00 Tree Injection (fertilization and/or insecticide) Per Tree $39.00 Watering Day $295.00 Crew Rental (3 men) Minimum Hours 3 Per Hour $180.00 Emergency Crew Rental (3 mean) Minimum Hours 3 Per Hour $210.00 *All tree planting prices shall include one (1) year of watering. ** GPS Tree Inventory cost only applies to new trees planted after completion of initial Tree inventory. Great Scott Tree Service, Inc. Page B-2 27-59 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Great Scott Tree Service, Inc. Page C-1 27-60 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Great Scott Tree Service, Inc. Page C-2 27-61 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 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. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Great Scott Tree Service, Inc. Page C-3 27-62 judgment may be necessary for its proper protection and prosecution of the Work. Great Scott Tree Service, Inc. Page C-4 27-63 Ywe Cow,a,1o,, Geen.re J/556832 /8A Cemfiied Ar&o, i,, WC-0901 July 24, 2014 Attn: Parks & Trees Superintendent Municipal Operations City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Reference: Maintenance Services Agreement with Great Scott Tree Service, Inc. for Tree maintenance Services dated 131h day of November, 2013 - Section 5. Project Manager Great Scott Tree Service (GSTS) respectively request the consent of the City of Newport Beach (City) to change the Project Manager from Jacob Griffiths to ScottGriffiths. This change is necessitated due to the untimely death of Jacob Griffiths. Scott Griffiths, President and Founder of GSTS, is fully qualified to act as the Project Manager. As GSTS makes the necessary organizational changes, there will not be any disruption in the performance of the services as outlined in the contract. Your timely reply is appreciated. Regards, %�/l Scott Griffiths President and Founder Great Scott Tree Service, Inc 10761 Court Avenue • Stanton, California 90680 • 714/826-1750 • FAX 714/826-1753 www,gstsinc.com r MAINTENANCE SERVICES AGREEMENT g WITH GREAT SCOTT TREE SERVICE, INC. FOR ilk TREE MAINTENANCE SERVICES THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into as of this 13th day of November, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREAT SCOTT TREE SERVICE, INC., a California corporation ("Contractor"), whose address is 10761 Court Ave, Stanton, CA 90680, and is made with reference to the following: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform tree maintenance services for City maintained trees ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on November 30, 2023, unless terminated earlier as set forth herein. At the City's sole discretion, the term of the Agreement may be extended up to three (3) times for an additional two (2) years per extension by written amendment to the Agreement. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality 2.2 . For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.3 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Million Three Hundred Thousand Dollars and 001100 ($1,300,000.00) per contract year, subject to the annual Consumer Price Index increase detailed in Section 4.2 below, without prior written amendment to the Agreement. 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the Great Scott Tree Service, Inc. Page 2 value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed two and one half percent (2.5%) of the Billing Rates in effect immediately preceding such adjustment. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Jacob Griffiths to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Great Scott Tree Service, Inc. Page 3 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations. City's Parks & Trees Superintendent or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. Great Scott Tree Service, Inc. Page 4 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 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. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are Great Scott Tree Service, Inc. Page 5 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. Great Scott Tree Service, Inc. Page 6 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document, computerized tree inventory system, any other writing produced, including any electronic records (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shalt maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 20. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate Great Scott Tree Service, Inc. Page 7 right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 22. CONFLICTS OF INTEREST 22.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 22.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 23. NOTICES 23.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 23.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Parks & Trees Superintendent Municipal Operations City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 23.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Jacob Griffiths Great Scott Tree Service, Inc. 10761 Court Ave Stanton CA 90680 Great Scott Tree Service, Inc. Page 8 24. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 25. TERMINATION 25.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 26. LABOR 26.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 26.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 26.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. Great Scott Tree Service, Inc. Page 9 26A To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 27. STANDARD PROVISIONS 27.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 27.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27.4 integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 27.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 27.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 27.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 27.8 Severability. if any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 27.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to Great Scott Tree Service, Inc. Page 10 this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 27.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 27.11 No Aftomevs' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 27.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Great Scott Tree Service, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 0 uqL Aaron C. Harp City Attorney ATTEST: tj Date: /( t� By: 6 - ` Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Keith D. Curry Mayor CONTRACTOR: Great Scott Tree Service, Inc., a California corporation Date: /d � By: Scott P. Griffiths President Date: 11 ' y r� By: Jacob T. Grilffiths Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Great Scott Tree Service, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES DUTIES AND RESPONSIBILITIES • INTENT o The intent of these specifications is to provide full and complete details of maintenance Services of trees throughout the City herein described, and that such trees be kept in a healthy, vigorous, and well -kept state at all times. • DESCRIPTION OF PROJECT Furnish all labor, equipment, materials, and supervision to perform tree maintenance as described herein including, but not limited to, the following for all City trees located in parkways, street medians, slopes, in parks and at facilities under the jurisdiction of the City: ■ tree trimming; ■ tree removal; • disposal, clean up, and recycling of green waste; • root barrier and installation; ■ root pruning; • tree planting; • emergency services; ■ electronic management of all work records and tree inventory; and, • software updating. • Contract term is 10 years with an option of three (3) additional two (2) year terms. s PERFORMANCE STANDARDS o Contractor must have been in the business of providing full service tree 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. Great Scott Tree Service, Inc. Page A-1 o Contractor must have the capacity to perform the following work, both consistently and concurrent with other required services: • Annually trim as many as fourteen thousand (14,000) trees, with trees ranging typically ranging in size from three (3) inches to more than thirty-six (36) inches in diameter, and with heights up to ninety (90) feet. • Annually trim as many as four thousand seven hundred (4,700) palms, from the safety of a certified aerial boom truck with boom height capacity in excess of ninety (90) feet. Workers are not allowed to use gaffs as a substitution for equipment that does not meet equipment height requirements. The Contractor must be prepared to trim trees based on seasonal appropriateness and the logistical needs of the City. = Annually remove and grind the stumps of as many as three hundred (300) trees ranging in size from three (3) inches to more than thirty-six (36) inches in diameter, and with heights up to ninety (90) feet including mature trees that may require rigging, the use of cranes, loaders and other similar equipment. In addition, provide information to USA for dig alert notices prior to commencement of work. • Annually supply and plant as many as five hundred (500) trees typically ranging in size from thirty-six (36) inches box sized nursery stock and larger, and with heights up to twenty (20) feet nursery stock. • Annually supply and plant as many as fifty (50) large palms ranging in size of ten (10) foot Brown Trunk Height and larger. • Annually water and maintain as many as five hundred (500) young trees with a regularly scheduled work plan, • Complete work during regular business hours, and at night or during weekends as requested by the City, based on seasonal appropriateness and the logistical needs of the City. o Contractor shall exhibit, by portfolio and references, the capacity to respond in an expedited manner to emergency tree incidents, ranging from limb failures on single trees to storm related damages affecting many trees. • WORKING HOURS o Normal working hours shall be between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No weekend or after-hours work is to be scheduled without prior written permission from the City, unless it is an emergency situation. Great Scott Tree Service, Inc. Page A-2 • LEVEL OF MAINTENANCE o All Work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. o If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this Agreement and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or Work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. o The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. • MINIMUM PERSONNEL REQUIREMENTS o The Work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications expressed within the Scope of Work. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. o At a minimum, Contractor shall provide, in addition to one (1) full time supervisor, three (3) pruning crews. Each pruning crew shall consist of, at minimum, three (3) employees, boom truck, chipper truck, chipper and pruning equipment including, but not limited to, chain saws, pole pruners, and pole saws. Each crew will consist of one (1) foreman and two (2) groundsworkers. Foremen shall be Certified Tree Workers, as well as proficient in written and oral English. o In addition, Contractor must be able to provide removal & planting crews on a monthly basis or as needed. Great Scott Tree Service, Inc. Page A-3 • The removal crew shall consist of three (3) employees, boom, one and a half (1 Ya) ton flatbed truck (or drop off bin), loader, stump machine and chain saws. • The planting crew shall consist of three (3) employees, crane and flatbed truck. WORKMANSHIP AND SUPERVISION o Contractor's employees shall be subject to the following minimum requirements, skills, abilities and knowledge: ■ The proper license to operate all necessary equipment. • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations. • Mechanical ability to make required operator adjustments to the equipment being used. • Knowledge of safety regulations as they relate to tree care and traffic control. • American Fled Cross Standard First Aid Certification (minimum of one member of each crew). • Ability to communicate orally and in writing in English. • Demonstrated knowledge of tree care and related operations. o All employees of Contractor performing Services shall be dressed in clean, unaltered uniforms with suitable company identification. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. ■ The Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt and boots appropriate to the work. All shirts, jackets or safety vests shall be clearly marked with company identification and the name of the employee wearing the uniform in the field. • Contractor employees shall appear neat and well-groomed at all times. ■ Contractor employees shall wear orange safety vests when operating machinery and/or while working within five hundred (500) feet of moving traffic or such other distances required by any applicable laws. Great Scott Tree Service, Inc. Page A-4 o All hours shall be made up if there are absences to the Contractor's workforce (including sick days and vacations.) Where advanced notice is provided to the Contractor, the Contractor shall provide replacements for those absences. o Contractor shall employ sufficient personnel qualified by reason of education, training and experience to discharge the Services agreed to be performed by Contractor. Contractor shall provide Service of the highest quality at all times, and personnel retained to perform this service shall be temperate, competent and otherwise fully qualified to fulfill the Contractor's obligations under this Agreement. o The Contractor shall deliver a level of quality that is compatible with International Society of Arboriculture (ISA) standards, and standards and requirements described herein, in providing tree Services compatible with standard practice that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of this Agreement. o The Contractor shall endeavor to maintain good public relations at all times with the public. All Work shall be conducted in a manner which will cause the least possible interference with or annoyance to the public. o Contractors responsible for the disfigurement of trees shall be penalized in an amount equal to the appraised value of the subject tree. Trees that have been disfigured by the Contractor will be appraised by an independent Consulting Arborist and the Contractor shall be penalized for that amount. • If, at any time, the Contractor is unclear, on what course of action to follow in the field, the Contractor shall consult with the City Arborist. The Contractor should never proceed with an action that will result in the permanent disfigurement of the structure or value of a tree. o The Contractor shall conduct all Work outlined in this Agreement in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines and materials or other hazards consequential or related to the Work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all person, including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property. • SUPERVISION OF CONTRACT Great Scott Tree Service, Inc. Page A-5 o All Work shall meet with the approval of the City's Project Administrator. There shall be a minimum of a monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A daily maintenance schedule will be submitted in writing to the City every morning. The Contractor's supervisor under this Agreement shall be available to meet with the City's representative daily during working hours, as necessary. o 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 condition is corrected in a satisfactory manner as set forth in the specifications. • SPECIFICATIONS o All Work shall conform to the pruning standards as noted in ANSI A300 (Part 1) — 2008 Pruning Standard and the companion publication ISA Best Management Practices, Tree Pruning (Revised 2008) or the latest revision. In all cases the City's representative shall have complete and sole discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the City's representative shall be excluded from payment. o Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1-1988, Safety Requirements or the latest revision. o These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the Work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this Work, shall be performed by the Contractor as if described in the specifications. • PROVISIONS FOR EXTRAS o No new Work of any kind shall be considered Extra Work unless a separate estimate is given for said Work and the estimate is approved in writing by the City before the Work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. Great Scott Tree Service, Inc. Page A-6 o Should a change or Extra Work be found necessary by the City, all changes and Extra Work shall be performed at the same unit price item listed in the Schedule of Billing Rates attached as Exhibit B. If the Work is not listed as an item in the Billing Rates, the Contractor shall submit a fair cost estimate for the Work to be performed. A change order authorization will be issued by the City. o The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the Work described in the specifications or the Billing Rates or to omit portions of the Work so described as may be deemed necessary or expedient by the City Arborist or designated representative and the Contractor shalt agree not to file a Government Claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of Work to be done. The City shall reduce the price accordingly. Alterations, modifications or deviations from the Work described in the Scope of Services by Contractor shall be subject to the prior written approval of the City. Any price adjustments shall be made by mutual consent of the parties in that case. + STREET CLOSURES, DETOURS, BARRICADES o Warning signs, lights, and devices shall be installed and displayed in conformity with the most recent addition of "The California Manual on Uniform Traffic Devices" for use in performance of Work upon highways issued by the State of California, Department of Transportation and as directed by City staff. o If the 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. o Beacon lighting visible from behind the vehicle will be installed on vehicles working along City streets. o A traffic control plan shall be submitted to the Parks & Trees Superintendent ten (10) days prior to commencing Work under this Agreement. DISPOSAL o All debris generated by the Contractor in the performance of Work shall become the property of the Contractor from and after the time of site clean-up. The Contractor shall dispose of all generated debris at no additional cost to City and shall dispose of debris as is consistent with the requirements of AB 939. Great Scott Tree Service, Inc. Page A-7 o The Contractor will provide greenwaste tonnage reports to the City's Project Administrator. • RECORDS o Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and providing updated data to the current City inventory system. • This system shall be password accessible twenty four (24) hours each day of the year via the Internet. • Historic tree inventory and Work history data, to be provided by the City, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree service Work under the terms of this Agreement. • Thereafter, the Contractor shall update and maintain the tree site specific, electronic tree inventory system to reflect changes in baseline data (e.g. species, height, Diameter at Standard Height) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response Work that occurs at any tree site at which tree work is performed. The system shall be upgraded to 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 Work histories for any and all tree sites in the inventory, both individually and collectively by query, as well as future scheduling to the extent known. • All aspects of the 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 additional 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. The records created for the City shall be the property of the City. o The Contractor shall keep accurate records concerning all of his/her employees or agents. The Contractor shall provide this information in an organizational chart as changes in staffing occur. Additionally, the Contractor shall provide the City with names and telephone numbers of emergency contact employees. Great Scott Tree Service, Inc. Page A-8 o Contractor will provide on a monthly basis to the City a report of any changes noted or performed by the Contractor to the existing street tree inventory. The City reserves the right to adjust tree quantities to this Agreement. • EMERGENCY SERVICES o The Contractor will provide the City a twenty-four (24) hour emergency phone number and name of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occur during normal business hours of operation, after-hours, weekends and holidays. The Contractor shall have the capacity to deal with any tree related emergency situation ranging from limbs down on single trees to storm related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. o Telephone responses by the Contractor to tree related emergency calls during normal business hours of operation and after-hours shall be made within (15) fifteen minutes of the initial call. o The response time for a crew to arrive on -site for tree related emergencies during normal business hours of operation is thirty (30) minutes. o The response time for a crew to arrive on -site for tree related emergencies outside of normal business hours of operation is one (1) hour. • LICENSE o In addition to any and all relevant City, State and Federal permits and licenses required in the execution of the Agreement, the Contractor shall hold a valid and current California C-61/D49 and C-27 License and submit a copy thereof. The name and permit number will be supplied to the City prior to commencement of Work under this Agreement, and any changes shall be forwarded within twenty-four (24) hours of said change. • CONTRACTOR'S OFFICE o Contractor is required to maintain an office within a thirty (30) minutes response time of the City and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cell phone or pager. In instances of an emergency, the Contractor shall have a maximum response time of thirty (30) minutes if the emergency occurs during normal working hours; and one (1) hour if it occurs outside of normal working hours. There will be no Great Scott Tree Service, Inc. Page A-9 on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a storage facility. • SCHEDULES o The City operates on a three (3) year prune cycle trimming approximately 33,000 trees. In addition, the City annually prunes approximately 4,860 trees and approximately 1,200 trees by service request. o Annual Schedule • Prior to commencement of Work, the Contractor shall be required to submit a Work schedule based on the City's annual pruning requirements, removal and placement program, and planting projects. The Work schedule shall include a recommended annual Work program, daily Work schedules, personnel and vehicles that would be required to complete the annual maintenance program. Depending on the City's current and future needs, the scheduled Work may require multiple crews to perform concurrently within the same time constraints. ■ The Contractor shall provide an annual maintenance schedule indicating the time frames when items of Work shall be accomplished per the performance requirements. ■ The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. o Monthly Schedule • Contractor shall meet with the City once a month to discuss Work performance, special instructions, any problems encountered and upcoming schedules. • The Project Administrator shall receive changes to the schedule at least twenty-four (24) hours prior to the scheduled time for the Work. • Failure to notify of a change and/or failure to perform an item of Work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. • The Contractor shall adjust his/her schedule to compensate for all holidays and rainy days. o Daily Schedule • The Contractor shall meet with the City's representative daily in order to review the week's work, receive special instructions, and discuss Great Scott Tree Service, Inc. Page A-10 any problems encountered on the job. Changes to daily schedule can be made verbally or by email to the City's Project Administrator. o Performance on Schedule • The Contractor has been provided the maximum latitude in establishing Work schedules that correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all Work shall be completed on the day scheduled, as shown on the weekly schedule. PERFORMANCE DURING INCLEMENT WEATHER o During the periods when inclement weather hinders normal operations, the Contractor shall adjust his/her Work force in order to accomplish those activities that are not affected by weather. o 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. o The Contractor shall obtain permission from the City's Project Administrator or designee prior to removing the Work force from a job site in instances of inclement weather or other reasons. If the Project Administrator or designee cannot be reached, the Contractor shall notify the Urban Forester for said permission. PUBLIC NOTICING o At least seventy-two hours (72) in advance, the Contractor shall supply and post standard signage on the trunk of a tree on which work is to be performed. The signage must clearly state what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree. in the event that a tree trunk is not available for posting, the Contractor shall affix the posting to a standard size safety cone and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding. • TOOL SANITATION o On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten percent (10%) chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Great Scott Tree Service, Inc. Page A-11 Dumping used or old bleach solutions on the ground or down the storm drain and will result in severe penalties to the Contractor. WILDLIFE PROTECTION o The Contractor shall have a wildlife protection program that outlines an employee protocol when wildlife is discovered in trees scheduled for pruning. A copy of the program material shall be made available to the City's Project Administrator. o Prior to the commencement of any Work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. There shall be no Work of any type in a tree where an active nest is found, without the written permission of the City Arborist or designated representative. At no time shall any nest or wildlife be removed from its location. o In the event that wildlife is accidentally displaced and assistance is required, the Contractor shall notify the City's Animal Control service andior the nearest appropriate animal rescue facility. UNDERGROUND EXCAVATIONS o Before commencing any excavation, the Contractor shall be responsible for locating all underground utility lines to insure the safety of the Work crew and to protect, in place, existing utility equipment. Contractor shall contact the City's Project Administrator and Underground Service Alert (www.digalert.org or 811) forty-eight (48) hours before commencing any excavation, to locate underground service lines. o The Contractor shall be responsible for removing all excavation marks after the Work is complete. Contractor shall request that all marking be made with water -based or chalk -based paint. Great Scott Tree Service, Inc. Page A-12 TECHNICAL MAINTENANCE SPECIFICATIONS • TREE INVENTORY o Contractor shall provide a complete update of the City's tree inventory at no additional cost to the City and submit the completed inventory to the City within six (6) months of the Effective Date of the Agreement. The tree inventory data shall conform to the existing tree inventory database and include but not be limited to the following data fields: o Tree Location ■ A GPS tree inventory shall be created using a template based on our existing Tree Inventory (the City's GIS Division will provide), using the City's standardized addressing system for all parks and open space areas. The Contractor shalt be required to create, and maintain an ESRI-compatible "shape file", with all applicable attribute information for each tree populated. • The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.), in the City's GIS coordinate system (State Plane, NAD83, US feet, 1991.35 epoch). ■ The tree inventory shall be conducted by visiting each tree site or vacant planting site and plotting the position. See above for file requirements. The minimum accuracy shall be not more than one (1) foot. o Measurement of canopy spread = As a part of the data collection process, the canopy spread will be measured using either a laser rangefinder or a Roll -a -Tape, to the nearest foot, using a pre -established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City. o Tree condition ■ General condition of individual trees ; • Pruning requirements (i.e., recommended pruning cycle); and ■ Condition of surrounding hardscape (i.e. displaced or recent repairs). o Incorporate root pruning information • This information is attached to the current inventory and will need to be Great Scott Tree Service, Inc. Page A-13 included as part of the updated inventory. As a part of the field data collection process the Contractor will attempt to match the City's root pruning data against field conditions. The Contractor shall match as many root pruning records as possible with the findings from the field. • GENERAL MAINTENANCE REQUIREMENTS o All maintenance functions shall be performed in accordance with the following specifications. The City shall have the right to determine schedule days and the extent and frequency of additional "as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed facilities. o All operations will be conducted to provide maximum safety for the public and minimize disruption of the public use of City parks and streets, o Clean sidewalks, roadways, and any other areas littered or soiled by Contractor maintenance operations, o Maintain the premises free of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his/her construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used for the disposal of debris collected by the Contractor. o Prune plant materials adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. o Prune plant materials so that all traffic control signs are clearly visible to approaching drivers. o Notify the City immediately of any unusual and hazardous conditions at the Work site. W:F_17d1PlI.[ol o Any tree Work performed on a City tree must be done according to the City's specifications. The criterion for pruning varies based on the type or purpose of pruning. o General Specifications for hardwood tree pruning Contractor shall consult with the City Arborist before making any cuts that could result in permanent disfigurement of the structure of any tree. Great Scott Tree Service, Inc. Page A-94 • Trees shall be pruned to prevent branch and foliage interference with safe public passage. Street clearance shall be kept to a minimum of eleven feet, six inches (11' 6") above the paved surface of the street and eight feet six inches (8' 6") feet above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. if pruning to these standards would result in permanent disfiguration of a tree, the Contractor shall not prune the tree until direction is obtained from the City Arborist. • When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. • When removing a dead branch, the final cut should be made outside the collar of live callus tissue. if the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. • Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be corrected. • All final tree -pruning cuts shall be made in such a manner to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed. • All dead and dying branches and branch stubs shall be removed. • All broken or loose branches shall be removed. • Branches that are developing in such 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. ■ Selectively prune branches that create sight line conflicts with traffic control signs and/or devices. Great Scott Tree Service, Inc. Page A-15 ■ Selectively prune branches that are within five (5) feet of a structure. • Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. • Prune to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the City Arborist to do otherwise. ■ Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees. • Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. • All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major pest problems shall be promptly reported to the City. ■ All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un-abrasive wood surface and secure bark remaining intact. ■ All trees six (6) inches in diameter or less shall be pruned with hand tools only. ■ Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and/or future disease/decay problems. • Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible. • The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by the City to aid in the safety of climbers performing the removal of a tree. o Pruning Classifications for Hardwood Trees A Full Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a Great Scott Tree Service, Inc. Page A-16 Full Prune shall have no more than thirty percent (30%) of the live foliage removed. A Full Prune typically consists of one or more of the following pruning treatments: Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low -vigor branches and water sprouts from the entirety of the tree crown. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing" disrupts the structural integrity of the tree, making it subject to limb and branch failure, especially during high winds. Crown Thinning: Crown Thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind -sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. Thinning the crown a can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, up to thirty percent (30%) of the live foliage may be removed unless directed otherwise by the City Arborist. • Crown Reduction: Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb/branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites. • Crown restoration: Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. This treatment is best performed by tree workers who have a good understanding of the effects of pruning for the cultivation of tree canopies. ■ Crown Raising/Clearance Prune A Crown Raising or Clearance Prune is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. A crown raising or clearance prune does not involve the detail of work found in a full prune. Crown raising or clearance pruning may consist of one or more of the following pruning types: Great Scott Tree Service, Inc. Page A-17 • Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-half of its foliage on branches that originate in the lower two- thirds of its crown to ensure a well -formed, tapered structure and to uniformly distribute stress within the tree. • Clearance Prune: Clearance prune is employed as a means of eliminating limbs from the crown of a hardwood tree when an entire pruning of the tree is not warranted. Clearance pruning does not involve the fine detail work described herein as "full prune". o Pruning Specifications for Individual Hardwood Species • General Trimming and Shaping of Conifers Two basic classes of conifers can be found in the City, those with branches radiating out from the trunk in whorls such as Pine trees or Cedar trees and those that sprout branches in a random manner such as Juniper or Taxus. Conifers shall typically be pruned in late winter or early spring. Typically, up to thirty percent (30%) of the live foliage may be removed unless directed otherwise by the City Arborist. • Contractor shall avoid damaging the central leader on all conifers. In specific cases, the City Arborist may direct the contractor to remove the central leader in an effort to limit the height of specific trees. • At the time of pruning, the City Arborist 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 conifers contractor shall be required to prune the new growth of lateral limbs. • Typical pruning of conifers shall consist of removing crossed limbs, deadwood or unwanted branches from the interior of the canopy. • General Trimming and Shaping of Broadleaf Trees Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City Arborist and in accordance with the following: • Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permit the Great Scott Tree Service, Inc. Page A-18 dead material to be easily cleaned out and allow light to show through the head. • Tree foliage shall be reduced by at least twenty-five percent (25%) and up to thirty percent (30%). • In specific cases, the City Arborist may direct the contractor to reduce the size of the tree crown in an effort to limit the height of specific trees. • Trim to remove dead wood or weak, diseased, insect -infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. • Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. • Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. • PALM TREE PRUNING Any tree Work performed on a City tree must be done according to the City's specification. The criterion for pruning varies based on the type or purpose of pruning. Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds, seedpods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type. o The specifications for the pruning of palm trees areas follows: • While making an approach to the palm crown for pruning, the Contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bird nesting or any other condition suggestive of a structural abnormality. Upon finding any condition suggestive of a structural abnormality of the palm stem, the Contractor shall report to the City Arborst immediately. Fronds shall be trimmed using a handsaw or pole saw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in an equal solution of bleach and water before and after the handsaw is used to cut the fronds of any other palm tree. Great Scott Tree Service, Inc. Page A-19 • At no time shall a chainsaw be used to prune any frond from any Canary Island Date Palm (Phoenix canariensis). The use of chainsaws to prune any frond from any Canary Island Date Palm will result in monetary penalties. • Live, healthy fronds, initiating at an angle of ninety (90) degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. Live trunk tissue should never be cut while pruning palm fronds. ■ Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. At no time shall a chainsaw be used to cut any fruit or flower from any Canary Island Date Palm (Phoenix canariensis). • The use of chainsaws to prune any fruit or flower structures from any Canary Island Date Palm will result in severe penalties. • Care shall be taken in the handling of fruit and flowers, as they are likely to release clear liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm fruit related stains from private property hardscape elements. ■ Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: Y Canary Island Date Palm (Phoenix canariensis): dead petiole bases shall be formed into an ornamental ball, which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental bail shall not taper in, resulting in a "pineapple" appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree, the Contractor may use a clean chainsaw in forming and/or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in Great Scott Tree Service, Inc. Page A-20 shaping and maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. • The Contractor shall use care not to cut into live trunk tissue while maintaining the ornamental ball. The Contractor shall remove any foreign plant material that has sprouted in an ornamental ball. The Contractor shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned. • Date Palm (Phoenix dactylifera): spent petiole bases are left to form a supportive "base" below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the base does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the base of the canopy, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. While forbidden to use chainsaws for pruning fronds, fruit and flowers from any palm tree, the Contractor may use a chainsaw in forming and/or shaping the base of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The Contractor shall use care not to cut into live trunk tissue while maintaining the nut. The Contractor shall verify that the base meets the standard described herein each time a Date Palm is pruned. • Queen Palm (Syagrus romanzoffianum): loose petiole bases are to be removed each time the crown of a Queen Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. • King Palm (Archontophoenix cunninghamiana): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. • Mexican Fan Palm (Washingtonia robusta): spent petiole bases are left uniformly long to form a base, which shall extend no more than four (4) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is pruned. • California Fan Palm (Washingtonia filifera): spent petiole bases are left uniformly long to form a nut, which shall extend no more than Great Scott Tree Service, Inc. Page A-21 eight (8) feet below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. The Contractor shall verify that the base meets the standard described herein each time a California Fan Palm is pruned. ','i ffl**04iMOITI.1� Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system. o The Contractor shall comply with all general specifications standards described herein. o The diameter price in the Schedule of Billing Rates for tree removals is inclusive of all staff, materials and equipment necessary to remove trees as described herein. o As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. The Contractor shall notify the City Arborist or designated representative, in writing, of any condition that prevents the removal of a tree and/or the grinding of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and/or associated root grinding begins. o The Contractor shall comply with wildlife protection standards described herein whenever removing a tree. o The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City Arborist for assistance. The errant removal of trees shall be penalized. o During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefail and create damage of any type. Loss of control incidents shall be penalized. o Cranes and other rigging equipment shall be properly certified, with evidence of such available for inspection prior to use of said equipment. Crane operators shall be certified by Commission for the Certification of Crane Operators (NCCCO) and shall be prepared to display current certification prior to operating a crane in the City. The use of cranes and certified operators shall not result in additional charges to the City. Great Scott Tree Service, Inc. Page A-22 o While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public right-of-ways or private property. In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and/or private property. o Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with a topsoil mix. Chips and stump grindings shall not be used as a backfill material. o The Contractor shall be responsible for the repair of any private or public property irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged. • o Tree Planting • Tree planting consists of the installation of nursery stock container or palm trees supplied by the Contractor. • The Contractor shall comply with all general specifications standards described herein. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. ■ The Contractor shall supply high -quality nursery stock, which is fully rooted, and representative of recognized standards for size and quality of the material being planted. The Contractor shall email a photo representation of the nursery stock. = Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. ■ Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected. Great Scott Tree Service, Inc. Page A-23 • The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting the City Arborist for assistance. In excavating planting pits, the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, the Contractor shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted. ■ All nursery containers and box sides shall be removed from tree root balls prior to planting. The Contractor shall not install trees with box bottoms left on. All container debris (e.g. strapping, box fragments, and nails) shall be removed from the planting pit prior to backfilling. • The Contractor shall install the tree or palm so that the top of root ball is two (2) inches above top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), the Contractor shall install the tree or palm so that the top of root ball is two (2) inches above surrounding finish grade. The Contractor 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 topsoil. The topsoil portion of the backfill mix shall contain no more than ten percent (10%) well decomposed organic fines. ■ The Contractor shall backfill palm plantings with one hundred percent (100%) washed mortar (plaster) sand. ■ While backfilling, the Contractor shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill. Once the water has drained, the Contractor shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree. • The Contractor shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the lowest Great Scott Tree Service, Inc. Page A-24 branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The stake shall not be in contact with any aerial part of the tree. The trunk of the tree shall be attached to the stakes using City approved tree ties installed as per manufacturer's specifications. • Upon completion of the planting of a tree, the Contractor shall seed and top -dress any barren areas within ten (10) feet of the center of the trunk of the tree if there was established turf in that location. The seed shall be of the same tall fescue turf grass type existing on site or annual ryegrass if the turf is a non-seedable variety; to be applied at a rate appropriate for the type of turf seed applied. The seed shall be top dressed with well -decomposed organic fines, spread evenly with a topdressing roller, at a depth of one eighth (0.125) inch. Use of manure, native soil or chip topdressings will not be allowed. • The Contractor shall include seed establishment information for the property owner at the time of tree removal. The Contractor shall not use hoses, equipment or water from private properties while installing or watering -in parkway trees. o New Tree Care New Tree Care consists of the irrigation of young trees, which have been installed by the Contractor, and the cultivation of new canopy coverage. ■ The Contractor shall comply with all general specifications standards described herein. ■ As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall take all responsibility for any damage that occurs during the planting of any tree. • The Contractor shall not use hoses, equipment or water from private properties when watering parkway trees. • 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 Great Scott Tree Service, Inc. Page A-25 any of the tree's surroundings. Haphazard riggings and/or watering out of the window from the cab of watering equipment will not be tolerated. • New trees shall be watered for a minimum of one (1) year. This watering price shall be included as part of the planting price listed in the unit price sheet. • 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. • After planting a new tree, the Contractor shall post a door hanger on the neighboring homes explaining that the Contractor will be watering the new tree. The flyer will detail the homeowner's and the City/Contractor's responsibilities for the new tree. Language for this flyer will be provided by the City. • ROOT PRUNING SPECIFICATIONS o In an effort to minimize future damage to public sidewalks and curbs and gutters, the City is initiating a root pruning and root barrier installation program. The Contractor will be provided a listing of trees to be root pruned. The list shall include the location of the tree, tree species, lineal feet to be root pruned and area to be pruned such as sidewalk or curb and gutter. o Roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements as indicated. Root pruning cuts adjacent to the sidewalk shall be four (4) inches wide, twelve (12) inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree as measured from the top of the sidewalk or other improvements. Root pruning cuts adjacent to the curb shall be four (4) inches wide, eighteen (18) inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree as measured from the top of the curb or other improvements. o Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking the sidewalk. o After the pruning cut has been completed, the Contractor shall install the appropriate amount of root pruning barrier by Deep Root Corporation, or an approved equal. All cuts shall be backfilied immediately upon completion of root pruning and barrier installation at each location. Backfill material shall consist of soil and/or mulch from root pruning and shall be Great Scott Tree Service, Inc. Page A-26 free of rocks and other debris. All debris generated by these operations shall be immediately removed from the site and properly disposed of by the Contractor. o 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. o The Contractor shall submit a lineal foot cost for the root pruning and root barrier installation. The cost of providing all labor, tools, equipment and materials necessary for performing the specified Work is included in the Billing Rates and no additional compensation will be allowed. Great Scott Tree Service, Inc. Page A-27 CITY TREE PLANTING DETAIL 1. Tree spacing 35' minimum to 50' maximum 2. Plant 50' minimum from the BCR on the approach to an intersection and 15' from the ECR on the exit side 3. Plant 10' minimum from edge of drive approach 4. Provide 10' minimum clearance from utility and sewer lines 5. Plant 20' minimum from street light standards and power poles 6. Plant 10' minimum from fire hydrants 7. Center tree between the sidewalk and curb & Where there is no parkway, plant tree in the center of the public right-of-way Great Scott Tree Service, Inc. Page A-28 TREE PLANTING SPECIFICATIONS 1. Trees must be of quality nursery stock, free from pests, disease and structural defects, 2. Dig planting pit twice as wide as root ball, or as wide as practical per planting lo- cation. Pit should be no deeper than soil in the tree container, N07E f drainage is a concern, the outside perimeter of the pit can be dug deeper to divert excess water away from the root ball. (See diagram) 3. Remove the tree from the container (36 inch box) and place it in the planting pit. The soil level should be 1" - 2" above the finish grade to allow for some settling. Remove the remainder of the box on larger trees. 4. Backfill the pit %2 way with native soil, add fertilizer tablets if required and enough water to flood the bottom of the pit. 5. Add circular installation of 12" root barrier so that the top of the root barrier is just above the finish grade. 6, Complete backfill of pit with native soil, tamping in soil with feet or shovel handle to insure there are no air pockets and that soil is reasonably firm. 7. Prepare earthen water basin capable of holding at least 10 gallons of water. 8. Remove nursery stake and orient the tree with section of trunk shaded by nursery stake to the north, 9. Fill the water basin and let seep two times. Great Scott Tree Service, Inc. Page A-29 SPECIAL TREES DESIGNATIONS o Palms (price determined on variety and Brown Trunk Height): ■ King Palm • Bismarck Palm ■ Guadalupe Palm ■ Paradise Palm • Date Palm{ P. dactylifera ) ■ Majesty Palm • Cuban Royal Palm ■ Windmill Palm o Currently Listed in Specialty Variety Trees: • Engelmann Oak ■ Cal. Black Oak Trees To Be Added To GSTS Specialty Variety Tree List: • Hong Kong Orchid ■ Cape Chestnut • St. Mary Magnolia • Mayten Tree • New Zealand Christmas Tree ■ Torrey Pine ■ Firewheel Tree • Water Gum Great Scott Tree Service, Inc. Page A-30 SPECIES FREQUENCIES Botanical Name Common Name Total Washingtonla robusta Pinus halepensis Cupaniopsis anacardioides Lophostemon confertus Liguidambar styraciflua Svagrus romanzoffianum Eucalyptus rudis Schinus terebinthifolius Eucalyptus citriodora Ficus rubiginosa Magnolia grandiflora Pyrus kawakamii Eucalyptus lehmannii Quercus agrifolia Archontophoenix cunninghamiana Melaleuca guinguenervia Pinus efdanca Pinus pinea Chamaerops humilis Jacaranda mimosifolia Platanus racemosa Ficus microcarpa 'Nitida' Pinus canariensis Bauhinia blakeana Eucalyptus sideroxylon Trachvcarpus fortunei Olea europaea Cinnamomum camphora Pinus radiata Metrosideros excelsus Bauhinia variegata MEXICAN FAN PALM ALEPPO PINE CARROTWOOD BRISBANE BOX AMERICAN SWEETGUM QUEEN PALM DESERT GUM BRAZILIAN PEPPER LEMON -SCENTED GUM RUSTY LEAF FIG SOUTHERN MAGNOLIA EVERGREEN PEAR C3� i'i7 � COAST LIVE OAK KING PALM CAJEPUT TREE AFGHAN PINE ITALIAN STONE PINE MEDITERRANEAN FAN PALM JACARANDA CALIFORNIA SYCAMORE INDIAN LAUREL FIG CANARY ISLAND PINE HONG KONG ORCHID TREE REDIRONBARK WINDMILL PALM OLIVE CAMPHOR TREE MONTEREY PINE NEW ZEALAND CHRISTMAS TREE PURPLE ORCHID TREE 2,824 1,647 1,616 1,474 1,341 1,249 1,116 1,087 1,009 1,006 973 866 851 632 555 542 532 530 507 489 451 429 415 407 386 363 315 313 297 277 252 Great Scott Tree Service, Inc. Page A-31 Eucalyptus maculata SPOTTED GUM 241 Phoenix canariensis CANARY ISLAND DATE PALM 241 Phoenix roebelenii PYGMY DATE PALM 240 Ficus beniamina WEEPING FIG 234 Eucalyptus olobulus BLUE GUM 219 Liguidambarstyraciflua'Rotundiloba' ROUND -LEAFED SWEETGUM 213 Erythrina caffra KAFFIRBOOM CORAL TREE 204 Eriobotrya deflexa BRONZE LOQUAT 192 Tipuana tip u TIPU 183 Geiiera parviflora AUSTRALIAN WILLOW 177 Prunus cerasifera PURPLE -LEAF PLUM 169 Eucalyptus cladocalyx SUGAR GUM 163 Piatanus acerifolia LONDON PLANE 163 Ceratonia siliaua CAROB 161 Pinus brutia CALABRIAN PINE 161 Caliistemon citrinus LEMON BOTTLEBRUSH 154 Eucalyptus polyanthemos SILVER DOLLAR GUM 148 Eucalyptus ficifolia RED FLOWERING GUM 147 Fraxinus uhdei SHAMEL ASH 144 Juniperus chinensis 'Torulosa' HOLLYWOOD JUNIPER 139 Magnolia grandiflora 'Saint Mary SAINT MARY MAGNOLIA 138 Hvmenosporum flavum SWEETSHADE 137 Lagerstroemia indica CRAPE MYRTLE 137 Mvoporum leetum MYOPORUM 134 Alnus rhombifolia WHITE ALDER 131 Cassia leptophylla GOLD MEDALLION TREE 129 Podocarpus gracilior FERN PINE 128 Pyrus calleryana ORNAMENTAL PEAR 125 Tabebuia avellanedae LAVENDER TRUMPET TREE 124 Eucalyptus spp. EUCALYPTUS 118 Eucalyptus leucoxylon WHITE IRONBARK 114 Populus nigra 'Italica' LOMBARDY POPLAR 112 Schinus molle CALIFORNIA PEPPER 112 Betula pendula EUROPEAN WHITE BIRCH ill Great Scott Tree Service, Inc. Page A-32 Zelkova serrata SAWTOOTH ZELKOVA 106 Pinus pinaster CLUSTER PINE 103 Acacia saligna BLUE LEAF WATTLE 102 Tristania laurina WATER GUM 86 Agonis flexuosa PEPPERMINT TREE 85 Liquidambar styraciflua 'Palo Alto' PALO ALTO SWEETGUM 81 Brachychiton populneus BOTTLE TREE 79 Ulm us parvifolia CHINESE ELM 79 Phoenix dactylifera DATE PALM 75 Magnolia grandiflora 'Russet' RUSSET MAGNOLIA 72 Other tree OTHER TREE 72 Rhus lancea AFRICAN SUMAC 72 Eucalyptus torquata CORAL GUM 67 Salixlaevigata RED WILLOW 62 Cupressus sempervirens ITALIAN CYPRESS 61 Koelreuteria bipinnata CHINESE FLAME TREE 60 Magnolia grandiflora 'Little Gem' LITTLE GEM MAGNOLIA 60 Stenocarpus sinuatus FIREWHEEL TREE 60 Brahea edulis GUADALUPE PALM 57 Howea forsteriana PARADISE PALM 55 Rhaphiolepis 'Majestic Beauty INDIAN HAWTHORNE 52 Ficus microcarpa 'Green Gem' GREEN GEM INDIAN LAUREL FIG 51 Cedrus deodara DEODAR CEDAR 50 Eucalyptus robusta SWAMP MAHOGONY 50 Nerium oleander OLEANDER 50 Pinus thunbergiana JAPANESE BLACK PINE 50 Quercus sub er CORK OAK 50 Eucalyptus camaldulensis RED GUM 49 Quercus berberidifolia SCRUB OAK 44 Cycas revoluta SAGO PALM 42 Pittosporum undulatum VICTORIAN BOX 39 Fraxinus uhdei'Tomlinson' TOMLINSON ASH 38 Yucca gloriosa SPANISH DAGGER 38 Erythrina spo. CORAL TREE 37 Great Scott Tree Service, Inc. Page A-33 Strelitzia nicolai GIANT BIRD OF PARADISE 35 ulmus pumila SIBERIAN ELM 35 Casuarina cunninghamiana RIVER SHE -OAK 34 Sequoia sempervirens COAST REDWOOD 33 Pinus torreyana TORREY PINE 32 Spathodea campanulata AFRICAN TULIP TREE 32 Chitalpa tashkentensis CHITALPA 29 Eucalyptusnicholii NICHOLS WILLOW LEAFED 26 PEPPERMINT Magnolia grandiflora 'Maiestic MAJESTIC BEAUTY MAGNOLIA 26 Beauty Callistemon viminalis WEEPING BOTTLEBRUSH 25 Cupressus macrocarpa MONTEREY CYPRESS 25 Prunus domestica PLUM 25 Tabebuia impetiginosa PINK TRUMPET TREE 25 Washingtonia filifera CALIFORNIA FAN PALM 25 Eugenia uniflora SURINAM CHERRY 24 Ravenea rivularis MAJESTY PALM 24 Ficus macrophylla MORETON BAY FIG 23 Chionanthus retusus CHINESE FRINGE TREE 22 Acacia melanoxvlon BLACK ACACIA 21 Magnolia grandiflora 'Samuel SAMUEL SOMMER MAGNOLIA 21 Sommer' Melaleuca nesophila PINK MELALEUCA 21 Platanus acerifolia 'Bloodgood BLOODGOOD PLANE 20 Tamarix spp. TAMARISK 20 Araucaria columnaris STAR PINE 18 Arbutus 'Marina' MARINA ARBUTUS 17 Markhamia hildebrandtii MARKHAMIA 17 Quercus ilex HOLLY OAK 17 Araucaria heterophvita NORFOLK ISLAND PINE 16 Svzvgium paniculatum BRUSH CHERRY 16 Grevillea robusta SILK OAK 15 Phoenix reclinata SENEGAL PALM 15 Acacia spp. ACACIA 14 Great Scott Tree Service, Inc. Page A-34 Melaleuca linariifolia FLAXLEAF PAPERBARK 14 Calodendrum capense CAPE CHESTNUT 13 Eucalyptus viminalis MANNA GUM 13 Pinus sap. PINE 13 Butia capita ta PINDO PALM 12 Eucalyptus leucoxvlon Rosea LG.-FRUIT RED -FLOWERING GUM 12 Ficus microcarpa WEEPING INDIAN LAUREL FIG 12 Quercus kelloggii CALIFORNIA BLACK OAK 12 Tabebuia chrvsotricha GOLDEN TRUMPET TREE 12 Ginkgo biloba MAIDENHAIR TREE 11 Lagunaria patersonii PRIMROSE TREE 11 Ligustrum lucidum GLOSSY PRIVET 11 Pinus coulteri COULTER PINE 11 Robinia pseudoacacia BLACK LOCUST 11 Xylosma congestum XYLOSMA 11 Acacia longifolia SYDNEY GOLDEN WATTLE 10 Cercis occidentalis WESTERN REDBUD 10 Hakea suaveolens SWEET HAKEA 10 Palm spp. PALM 10 Parkinsonia aculeata JERUSALEM THORN 10 Podocarpus macrophvllus YEW PINE 10 Prunus persica PEACH 10 Schefflera actinophNla QUEENSLAND UMBRELLA TREE 10 Aibizia iufibrissin SILK TREE 9 Bauhinia spp. ORCHID TREE 9 Calocedrus decurrens INCENSE CEDAR 9 Cercidium spp. PALO VERDE 9 Harpephyilum caffrum KAFFIR PLUM 9 Lyonothamnus floribundus FERN -LEAF CATALINA IRONWOOD 9 Maytenus boaria MAYTEN TREE 9 Morus alba WHITE MULBERRY 9 Pistacia chinensis CHINESE PISTACHE 9 Ficus carica EDIBLE FIG 8 Quercus virginiana SOUTHERN LIVE OAK 8 Great Scott Tree Service, Inc. Page A-35 Acacia balleyana BAILEY ACACIA 7 Caryota mitis CLUSTERED FISHTAIL PALM 7 Eucalyptus erythrocorys RED -CAP GUM 7 Eucalyptus macrocmpa BIG FRUIT RED FLOWERING GUM 7 Heteromeles arbutifolia TOYON 7 Neody,osis decarvi TRIANGLE PALM 7 Prunus caroliniana CAROLINA LAUREL CHERRY 7 Prunus cerasifera 'Newport NEWPORT PLUM 7 Chorisia speciosa SILK -FLOSS TREE 6 Cupressocyparis leylandii LEYLAND CYPRESS 6 Eriobotrya japonica EDIBLE LOQUAT 6 Erythrina coralloides NAKED CORAL TREE 6 Leptospermum laevigatum AUSTRALIAN TEA TREE 6 Prunus amygdalus ALMOND 6 Umbellularia californica CALIFORNIA BAY 6 Casuarina stricta DROOPING SHE -OAK 5 Erythrina crista-galli COCKSPUR CORAL TREE 5 Ficus sop. FIG 5 Koelreuteria paniculata GOLDENRAIN TREE 5 Lagerstroemia indica 'White' WHITE CRAPE MYRTLE 5 Agethis robusta QUEENSLAND KAURI 4 Citrus limon LEMON 4 Diospyros kaki JAPANESE PERSIMMON 4 Ficus elastica RUBBER TREE 4 Fraxinus oxycarpa 'Raywood' RAYWOOD ASH 4 L4qustrum japonicum JAPANESE PRIVET 4 O/ea europaea 'Wilson' WILSON OLIVE 4 Prunus armeniaca APRICOT 4 Prunus serrulata JAPANESE FLOWERING CHERRY 4 Sambucus neomexicana ELDERBERRY 4 Aloe bainesii ALOE 3 Araucaria araucana MONKEY -PUZZLE TREE 3 Arbutus unedo STRAWBERRY TREE 3 Brahea armata MEXICAN BLUE PALM 3 Great Scott Tree Service, Inc. Page A-36 CarVota urens Cedrus atlantica Citrus sinensis Fraxinus velutina Livistona spp. Malus sylvestris Nolina recurvata Prunus ilicifolia Pyrus calleryana 'Chanticleer' Roystonea regia Trithrinax acanthacoma Ulmus americana Acacia baileyana Purpurea' Cercis canadensis Citrus X Paradisi Dracaena draco Dypsis lutescens Eucalyptus calophvlla Eucalyptus cinerea Hibiscus syriacus Ilex altaclarensis 'Wiisonii' Juniperus sfp. Lagerstroemia indica 'Natchez' Lagerstroemia indica 'Tuscarora' Laurus nobilis 'Saratoga' Macadamia integrifolia Malus floribunda Persea americana Phoenix rupic Phoenix sop, Pittosporum phillwyoides Pittosporum rhombifolium Platanus acerifolia 'Columbia' Populus sap. FISHTAIL WINE PALM ATLAS CEDAR ORANGE ARIZONA ASH FOUNTAIN PALM EDIBLE APPLE PONYTAIL PALM HOLLYLEAF CHERRY CHANTICLEER PEAR CUBAN ROYAL PALM SPINY FIBER PALM AMERICAN ELM PURPLE ACACIA EASTERN REDBUD GRAPEFRUIT DRAGON TREE ARECA PALM RED BOX ASH GUM ROSE-OF-SHARON WILSON HOLLY JUNIPER NATCHEZ CRAPE MYRTLE TUSCARORA CRAPE MYRTLE SARATOGA LAUREL SMOOTH -SHELL MACADAMIA s .5i% CLIFF DATE PALM PALM FEATHER DATE WILLOW PITTOSPORUM QUEENSLAND PITTOSPORUM COLUMBIA PLANE POPLAR 3 3 3 3 3 3 3 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Great Scott Tree Service, Inc. Page A-37 Prunus blireiana FLOWERING PLUM 2 Prunus Ivonii CATALINA CHERRY 2 Rhapis excelsa LADY PALM 2 Salix matsudana 'Tortuosa' CORKSCREW WILLOW 2 Sapium sebiferum CHINESE TALLOW TREE 2 Acacia decurrens GREEN WATTLE 1 Acer oblongum MAPLE EVERGREEN 1 Acerpalmatum JAPANESE MAPLE 1 Aesculus sap. HORSECHESTNUT 1 Annona cherimola CHERIMOYA 1 Betula nigra RIVER BIRCH 1 Brachvchiton acerifolius X discolor HYBRID BOTTLE TREE 1 Brachvchiton discolor PINK FLAME TREE 1 Calliandra tweedii TRINIDAD FLAME BUSH 1 Casimiroa edulis WHITE SAPOTE 1 Cedrus spp. CEDAR 1 Chamaedorea spp. PARLOR PALM 1 Citrus reticulata TANGERINE 1 Cordyline australis DRACAENA 1 Dodonaea viscosa HOPSEED 1 Eucalyptus globulus 'Compacta DWARF BLUE GUM 1 Eucalyptus pulverulenta SILVER MOUNTAIN GUM 1 Ficus lyrata FIDDLELEAF FIG 1 Fraxinus velutina 'Modesto' MODESTO ASH 1 Ginkgo biloba Autumn Gold' GINKGO AUTUMN GOLD 1 Gleditsia triacanthos HONEY LOCUST 1 Laperstroemia indica 'Pink' PINK CRAPE MYRTLE 1 Laurus nobilis SWEET BAY 1 Macadamia tetraphvlla ROUGH -SHELL MACADAMIA 1 Malus spp. & cv. APPLE 1 Morus spp. MULBERRY 1 Paulownia tomentosa EMPRESS TREE 1 Photinia fraseri FRASERS PHOTINIA 1 Pinus roxburghii CHIR PINE 1 Great Scott Tree Service, Inc. Page A-38 Pittosporum viridiflorum CAPE PITTOSPORUM 1 Platanus spp. SYCAMORE 1 Plumeria rubra FRANGIPANI 1 Populus alb a WHITE POPLAR 1 Pyrus callervana 'Redspire REDSPIRE PEAR 1 Quercus spp. OAK 1 Quercus tomentella ISLAND OAK 1 Sabal sap. PALMETTO 1 Sophora iaponica JAPANESE PAGODA TREE 1 Yucca elephantipes GIANT YUCCA 1 Species Total: 33,736 Non Species: Vacant Site 7,452 Poor Planting Site 321 Not City Planted/Maintained 253 Stump 78 Dead Tree 54 No Replant 4 Contractor Worked On Private Tree 4 New Tree Site 2 Shrubs/Hedge Plantinq 1 Non Species Total: 8,169 Grand Total: 41,905 Great Scott Tree Service, Inc. Page A-39 EXHIBIT B SCHEDULE OF BILLING RATES Description Unit Price Grid Pruning Each $48.00 Annual Pruning Each $48.00 Service Request Pruning Each $58.00 Palm Skinning Per Foot $12.00 Tree and Stump Removal Diameter Standard Height per Inch $22.00 Tree Only Removal Diameter Standard Height per Inch $14.00 Stump Only Removal Diameter Standard Height per Inch $9.00 Inspection Report (including risk assessment) Per Tree $45.00 Certified Arborist Inspection Per Hour $65.00 Common Variety Trees* Unit Price Plant 15 gallon without root barrier Each $90.00 Plant 156 gallon with root barrier Each $110.00 Plant 24 inch box without root barrier Each $225.00 Plant 24 inch box with root barrier Each $255.00 Plant 36 inch box without root barrier Each $695.00 Plant 36 inch box with root barrier Each $745.00 Plant 48 inch box without root barrier Each $1,495.00 Plant 48 inch box with root barrier Each $1,595.00 Plant 60 inch box without root barrier Each $2,495.00 Plant 60 inch box with root barrier Each $2,595.00 Great Scott Tree Service, Inc. Page B-1 Special Variety Trees* Unit Price Plant 15 gallon without root barrier Each Plant 15 gallon with root barrier Each $165.00 Plant 24 inch box without root barrier Each -$-325—.00 Plant 24 inch box with root barrier Each $355.00 Plant 36 inch box without root barrier Each $895.00 PJa­W36 inch box with root barrier Each $945.00 Plant 48 inch box without root barrier Each $1,795b0— Plant 48 inch box with root barrier Each $1,895. 6- Plant 60 inch box without root barrier Each $2,895.00 Plant 60 inch box with root barrier Each $2,995.00 GPS Tree Inventory Per Tree Site Root prune with 12 inch barrier Foot $9.00 Root prune with 18 inch barrier Foot $14.00 Tree Injection (fertilization and/or insecticide) Per Tree $39.00 Watering Day $295.00 Crew Rental (3 men) Minimum Hours 3 Per Hour $180.00 -$21 —0.00 Emergency Crew Rental (3 mean) I Minimum Hours 3 Per Hour *All tree planting prices shall include one (1) year of watering. ** GPS Tree Inventory cost only applies to new trees planted after completion of initial Tree inventory. Great Scott Tree Service, Inc. Page B-2 EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Great Scott Tree Service, Inc. Page C-1 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Great Scott Tree Service, Inc. Page C-2 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. K Timely Notice of Claims, Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 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. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Great Scott Tree Service, Inc. Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Great Scott Tree Service, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: I1/1/13 Dept./Contact Received From: Rachell Date Completed: 11/4/13 M Sent to: Rachel _ By: Chris Company/Person required to have certificate: Great Scott Tree Service, Inc. Type of contract: All Others L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/13-4/1/14 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater): Ai:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No €. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No 3� CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑, Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/13-4/1/14 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,0001000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No DI. YV0RKER3C0&1PEN8AT|0N EFFECT|VE/EX9|RATION DATE: 4/1/13-4/1/14 A. INSURANCE COMPANY: Zurich AmericanCompany '� D. AMBEST RATING (A-:V||or8nua\or): 8+:}{Y C. ADMITTED Company (Must h*California Admhted): Yes FlNu D. VV0RKE88'COMPENS/T0NLIM[T: Statutory 08Yes El No E. EMPLOYERS' LIABILITY LIMIT (Must bo$1Morgreater) 10000 F. WAIVER OFSUBROGATION (To indude):!sitincluded? 0Yes FlNn G. SIGNED YVORKE8Q'COMPEWSAT!ONEXEMPTION FORM: MNIA ElYes F7Nu H. NOTICE OFCANCELLATION: ElN/A NYes FlNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved; Il/4/l3 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED Non'adnoi8edcarrier rated less than ; Self Insured Retention or Deductible greater than $ D N/A El Yes D No Reason for Risk Management appnovoKexoo[Viun/wmivar: Approved: Risk Management * Subject to the terms of the contract. CERTIFICATE OF LIABILITY INSURANCE oATE(MMJ°°"" i110t12013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA INC. 6W RENAISSANCE CENTER, SUITE 2100 DETROIT, MI 48243 CONTACT NAME PHONE AtC. E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICW INSURER A: Zurich American Insurance Company 16535 €0398-90398-RAF_F_-13114 CANOE INSURED Great SwitTrBe Service Inc. INSURER 8 : Navigators Insurance Company 42307 --- - INSURER C : 10761 Count Ave. Stanton' CA 90680 INSURER D INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: CHI.004783013,10 REVISION NUMBER-4 THIS IS TO CERTIFY THAT 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ... ILTR TYPE OF INSURANCE AWOL WSR Sure Me POLICY NUMBER POLICYEFF fmwog=l PB-ICYEXP IMMMDNYYY)LIMITS GENERAL LIABILITY X X IEACH OCCURRENCE $ 1,OOg000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR GLO4637338 04101013 04/0112014 DAMAGETORENTED PREMISES fEa ooc.memcel $ r�� $ ( MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY 9,000,000 $__ GENERAL AGGREGATE $ W� 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP!OPAGG $W 2,000,000 RO- LOG POLICYDil PIPCT $ AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT Ea acc ident 1,900,900 X BODILY INJURY (Par person) $ A My ALTO BAP4637337 04/0112013 04101014 AUTS OWNED AUTOSSCHED BODILY BODILY INJURY(Peracciden0 $ X PROPERTY eaccldent -DAMAGE HIRED Au TOR X AUTOSWNED UMBRELLA LIPS X OCCUR EACH OCCURRENCE $ 5,�9.000 B X EXCESS LIAR CLAIMS -MADE I SFI3EXC7795341V I 0410172013 0410172014 AGGREGATE $ 5,000,000 DEC RETENTIONS $ WORKERS COMPENSATION ,\' I X 4VC STATU- OTH- A AND EMPLOYERS' UASILITY ANY PROPRIETOR!PARTNEMEXECUTIVE YIN OFFICEWMEMBER EXCLUDED? (Mandatory in NH) If yyes, misrzihe under DESCRIPTIONOF OPERATIONS below NIA WC4578598 0410112013 Od!0112014 EL. EACH $ 1,000.000 E.L. DISEASE FA EMPLOYE $ 1,000,000 EL.DISEASE-POLICYLIMIT $ 1,900,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Newpod Beach, its officers, officials, employees and volunteers are induced as an additional insureds for general liability and Solo liability as required by written contractor wdlten agreement, per policy terms and condilions. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY FOR GENERAL AND AUTO LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERSCOMPENSATION IN FAVOR OF THE ADDITIONAL INSUREDS WHERE REQUIRED BY WRITTEN CONTRACT. WORKERS` COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (ND, OH, WA, AND WY), PUERTO RICO OR THE VIRGIN ISLANDS. CITY OF NEWPORT BEACH 100 CIVIC CENTER DR. NEWPORT BEACH, CA 92660 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley 4-4 Q 1988-2010 ACORD CORPORATION. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 04-01-13 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC4578598-03 Endorsement No. of the AMERICAN ZURICH INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to Great Scott Tree Service, Inc. Authotized,Ftepresentztive- 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 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us. WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 ZURICH Other Insurance Amendment — Primary And Non -Contributory Policy No. Exp. Date of PoL Eft. Date of End. I Agency No. J Add]. Pm,.- I Return 1'rem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.Other Insurance, is amended per the following: 1. The following paragraph is added under a. Primary Insurance: This insurance is primary insurance as respects our coverage to an additional insured person or organi- zation, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added under b. Excess Insurance: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional in- sured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit. This provision does not apply to any policy in which the additional insured is a Named. Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. I7-GL-1327-A Cw (3/2007) Page I of 1 Workers Compensation and Employers Liability Insurance Policy ZURICH AMERICAN INSURANCE COMPANY A stock insurance company A member company of Zurich North America Administrative office: Zurich Towers 1400 American Lane Schaumburg, Illinois 60195-1056 GREAT SCOTT TREE SERVICE INC. 10761 CT AVE STANTON CA 90680 Producer 600 RENAISSANCE CTR STE 2100 DETROIT MI 48243-1809 In return for the payment of premium, and subject to the terms of this policy, coverage is provided as stated in this policy. IN WITNESS WHEREOF, this Company has executed and attested these presents and, where required by law, has caused this policy to be countersigned by its duly Authorized Representative(s). 01* President Secretary WC990001A (Ed.N/M) tREATSCQT TREE SERVICE PROPOSAL CUSTOMER V" T * BONDED & INSURED FOR $5,000,000 LIABILITY �1 08/25/2025 * STATE CONTRACTORS LICENSE #556832 vF * ISA CERTIFIED ARBORIST #WC-0901 Proposal #: 410350 Palm Skinning at NEWPORT BLVD Pagel of 3 BILLING ADDRESS JOB SITE ADDRESS NOTES CITY OF NEWPORT BEACH JOHN NELSON C/O CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH (INVENTORY) ATTN: KEVIN PEKAR 1592 SUPERIOR AVE 1592 SUPERIOR AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 PHONE: 949-644-3309 KPEKAR@N EWPORTB EACHCA. GOV; GHAYNES@NEWPORTBEACHCA.GOV; JJNELSON@NEWPORTBEACHCA.GOV, BGEORGE@NEWPORTBEACHCA.GOV; BGEORGE@NEWPORTBEACHCA. GOV KPEKAR@ N EWPORTBEACHCA. GOV; MLINDEMAN@NEWPORTBEACHCA.GOV; JJNELSON@NEWPORTBEACHCA.GOV Tree ID Type of Work Address Size Tree Type Qty Price Unit Total Price NEWPORT BLVD 8657240 Palm Tree Skinning 100 F 17 19-24 Palm - Mexican Fan 25 17.27 FT 431.75 8657245 Palm Tree Skinning 100 F 22 19-24 Palm - Mexican Fan 25 17.27 FT 431.75 8657246 Palm Tree Skinning 100 F 23 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 8657247 Palm Tree Skinning 100 F 24 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 8657248 Palm Tree Skinning 100 F 25 13-18 Palm - Mexican Fan 30 17.27 FT 518.10 8657249 Palm Tree Skinning 100 F 26 13-18 Palm - Mexican Fan 30 17.27 FT 518.10 1592842 Palm Tree Skinning 101 Front 1 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592843 Palm Tree Skinning 101 Front 2 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592844 Palm Tree Skinning 101 Front 3 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592845 Palm Tree Skinning 101 Front 4 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592846 Palm Tree Skinning 101 Front 5 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592847 Palm Tree Skinning 101 Front 6 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592848 Palm Tree Skinning 101 Front 7 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592849 Palm Tree Skinning 101 Front 8 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592850 Palm Tree Skinning 101 Front 9 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592852 Palm Tree Skinning 101 Front 11 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 1592853 Palm Tree Skinning 101 Front 12 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523213 Palm Tree Skinning 101 Front 13 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523212 Palm Tree Skinning 101 Front 14 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523211 Palm Tree Skinning 101 Front 15 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523210 Palm Tree Skinning 101 Front 16 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523209 Palm Tree Skinning 101 Front 17 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523208 Palm Tree Skinning 101 Front 18 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523207 Palm Tree Skinning 101 Front 19 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523206 Palm Tree Skinning 101 Front 20 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523205 Palm Tree Skinning 101 Front 21 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523204 Palm Tree Skinning 101 Front 22 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523203 Palm Tree Skinning 101 Front 23 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523202 Palm Tree Skinning 101 Front 24 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523201 Palm Tree Skinning 101 Front 25 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523200 Palm Tree Skinning 101 Front 26 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523199 Palm Tree Skinning 101 Front 27 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523198 Palm Tree Skinning 101 Front 28 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523197 Palm Tree Skinning 101 Front 29 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 Page 1 of 3 This proposal and the pricing estimated herein are valid for acceptance within sixty days and, thereafter, are subject to equipment and resource availability. Great Scott reserves the right to negotiate an equitable adjustment beyond sixty days. Please note our Emergency Rates are 6 a.m.- 4:00 p.m.- $150 per hour/ per man/ port to port and from 4 p.m.- 6:00 a.m. - $175 per hour/ per man/ port to port. PLEASE NOTE: IF THE SCOPE OF WORK THAT IS PROPOSED IS CHANGED, THE PRICES MAY BE SUBJECT TO CHANGES AS WELL. A NEW ESTIMATE WILL BE SENT TO YOU. GREAT SCOTT TREE SERVICE, INC 10761 COURT AVE, STANTON, CA 90680 PHONE: (714) 826-1750 FAX: (714) 826-1753 Tree ID Type of Work Address Size Tree Type Qty Price Unit Total Price NEWPORT BLVD 3523196 Palm Tree Skinning 101 Front 30 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523195 Palm Tree Skinning 101 Front 31 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523194 Palm Tree Skinning 101 Front 32 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523193 Palm Tree Skinning 101 Front 33 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523192 Palm Tree Skinning 101 Front 34 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523191 Palm Tree Skinning 101 Front 35 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523190 Palm Tree Skinning 101 Front 36 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523189 Palm Tree Skinning 101 Front 37 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523188 Palm Tree Skinning 101 Front 38 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523187 Palm Tree Skinning 101 Front 39 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523186 Palm Tree Skinning 101 Front 40 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523185 Palm Tree Skinning 101 Front 41 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523184 Palm Tree Skinning 101 Front 42 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523183 Palm Tree Skinning 101 Front 43 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523182 Palm Tree Skinning 101 Front 44 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523181 Palm Tree Skinning 101 Front 45 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523180 Palm Tree Skinning 101 Front 46 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523179 Palm Tree Skinning 101 Front 47 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523178 Palm Tree Skinning 101 Front 48 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523177 Palm Tree Skinning 101 Front 49 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523176 Palm Tree Skinning 101 Front 50 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523175 Palm Tree Skinning 101 Front 51 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523174 Palm Tree Skinning 101 Front 52 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523173 Palm Tree Skinning 101 Front 53 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523172 Palm Tree Skinning 101 Front 54 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523171 Palm Tree Skinning 101 Front 55 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523170 Palm Tree Skinning 101 Front 56 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523169 Palm Tree Skinning 101 Front 57 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523168 Palm Tree Skinning 101 Front 58 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523167 Palm Tree Skinning 101 Front 59 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523166 Palm Tree Skinning 101 Front 60 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523165 Palm Tree Skinning 101 Front 61 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523164 Palm Tree Skinning 101 Front 62 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523163 Palm Tree Skinning 101 Front 63 13-18 Palm - Mexican Fan 1 25.00 FT 25.00 3523162 Palm Tree Skinning 101 Front 64 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523161 Palm Tree Skinning 101 Front 65 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3523160 Palm Tree Skinning 101 Front 66 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515232 Palm Tree Skinning 101 Slope 3 13-18 Palm - Mexican Fan 22 17.27 FT 379.94 3515233 Palm Tree Skinning 101 Slope 4 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515234 Palm Tree Skinning 101 Slope 5 13-18 Palm - Mexican Fan 3 17.27 FT 51.81 3515235 Palm Tree Skinning 101 Slope 6 13-18 Palm - Mexican Fan 17 17.27 FT 293.59 3515239 Palm Tree Skinning 101 Slope 10 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515240 Palm Tree Skinning 101 Slope 11 13-18 Palm - Mexican Fan 17 17.27 FT 293.59 3515241 Palm Tree Skinning 101 Slope 12 13-18 Palm - Mexican Fan 8 17.27 FT 138.16 3515242 Palm Tree Skinning 101 Slope 13 13-18 Palm - Mexican Fan 22 17.27 FT 379.94 3515243 Palm Tree Skinning 101 Slope 14 13-18 Palm - Mexican Fan 19 17.27 FT 328.13 3515245 Palm Tree Skinning 101 Slope 16 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515246 Palm Tree Skinning 101 Slope 17 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515247 Palm Tree Skinning 101 Slope 18 13-18 Palm - Mexican Fan 17 17.27 FT 293.59 3515248 Palm Tree Skinning 101 Slope 19 13-18 Palm - Mexican Fan 16 17.27 FT 276.32 Page 2 of 3 This proposal and the pricing estimated herein are valid for acceptance within sixty days and, thereafter, are subject to equipment and resource availability. Great Scott reserves the right to negotiate an equitable adjustment beyond sixty days. Please note our Emergency Rates are 6 a.m.- 4:00 p.m.- $150 per hour/ per man/ port to port and from 4 p.m.- 6:00 a.m. - $175 per hour/ per man/ port to port. PLEASE NOTE: IF THE SCOPE OF WORK THAT IS PROPOSED IS CHANGED, THE PRICES MAY BE SUBJECT TO CHANGES AS WELL. A NEW ESTIMATE WILL BE SENT TO YOU. GREAT SCOTT TREE SERVICE, INC 10761 COURT AVE, STANTON, CA 90680 PHONE: (714) 826-1750 FAX: (714) 826-1753 Tree ID Type of Work Address Size Tree Type Qty Price Unit Total Price NEWPORT BLVD 3515249 Palm Tree Skinning 101 Slope 20 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515250 Palm Tree Skinning 101 Slope 21 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515251 Palm Tree Skinning 101 Slope 22 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515252 Palm Tree Skinning 101 Slope 23 13-18 Palm - Mexican Fan 16 17.27 FT 276.32 3515253 Palm Tree Skinning 101 Slope 24 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515254 Palm Tree Skinning 101 Slope 25 13-18 Palm - Mexican Fan 12 17.27 FT 207.24 3515255 Palm Tree Skinning 101 Slope 26 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515256 Palm Tree Skinning 101 Slope 27 13-18 Palm - Mexican Fan 17 17.27 FT 293.59 3515257 Palm Tree Skinning 101 Slope 28 13-18 Palm - Mexican Fan 11 17.27 FT 189.97 3515258 Palm Tree Skinning 101 Slope 29 13-18 Palm - Mexican Fan 15 17.27 FT 259.05 3515259 Palm Tree Skinning 101 Slope 30 13-18 Palm - Mexican Fan 15 17.27 FT 259.05 3515261 Palm Tree Skinning 101 Slope 32 13-18 Palm - Mexican Fan 17 17.27 FT 293.59 3515262 Palm Tree Skinning 101 Slope 33 13-18 Palm - Mexican Fan 2 17.27 FT 34.54 3515263 Palm Tree Skinning 101 Slope 34 13-18 Palm - Mexican Fan 10 17.27 FT 172.70 3515264 Palm Tree Skinning 101 Slope 35 13-18 Palm - Mexican Fan 18 17.27 FT 310.86 3515265 Palm Tree Skinning 101 Slope 36 13-18 Palm - Mexican Fan 14 17.27 FT 241.78 3515266 Palm Tree Skinning 101 Slope 37 13-18 Palm - Mexican Fan 16 17.27 FT 276.32 3515267 Palm Tree Skinning 101 Slope 38 13-18 Palm - Mexican Fan 16 17.27 FT 276.32 3515268 Palm Tree Skinning 101 Slope 39 13-18 Palm - Mexican Fan 25 17.27 FT 431.75 3515269 Palm Tree Skinning 101 Slope 40 13-18 Palm - Mexican Fan 20 17.27 FT 345.40 2,351 40,609.50 Total Qty: 2,351 Total: $40,609.50 Page 3 of 3 This proposal and the pricing estimated herein are valid for acceptance within sixty days and, thereafter, are subject to equipment and resource availability. Great Scott reserves the right to negotiate an equitable adjustment beyond sixty days. Please note our Emergency Rates are 6 a.m.- 4:00 p.m.- $150 per hour/ per man/ port to port and from 4 p.m.- 6:00 a.m. - $175 per hour/ per man/ port to port. PLEASE NOTE: IF THE SCOPE OF WORK THAT IS PROPOSED IS CHANGED, THE PRICES MAY BE SUBJECT TO CHANGES AS WELL. A NEW ESTIMATE WILL BE SENT TO YOU. GREAT SCOTT TREE SERVICE, INC 10761 COURT AVE, STANTON, CA 90680 PHONE: (714) 826-1750 FAX: (714) 826-1753