Loading...
HomeMy WebLinkAbout2014-03-11 - AGENDA REPORTS - TREE-TRIMMING CONTR MOD (2)Agenda Item: 4 CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: 0 Item to be presented by: Kevin Tonoian DATE: March 11, 2014 SUBJECT: TREE -TRIMMING SERVICE CONTRACT MODIFICATION DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council: 1. Authorize an expenditure increase of $200,000 to the City's contract with Four Seasons Landscape for tree maintenance services managed by the City's Special Districts operation for a total contract amount not to exceed $710,000, plus Consumer Price Index adjustments. 2. Authorize the City Manager or designee to execute all documents subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. BACKGROUND At the June 8, 2010 meeting, the City Council awarded a contract to Four Seasons Landscape, a locally based company to perform tree maintenance services for an amount not to exceed $500,000, plus Consumer Price Index adjustments. This contract is in its fourth year, with an option for a fifth, which can be exercised at the City's discretion. During the first six months of Fiscal Year 2013-14, Urban Forestry has experienced a 44% increase in the volume of tree -related service requests, as compared to the same time period during Fiscal Year 2012-13. This increase results from a greater demand for tree -related maintenance and a larger service area due to the 2012 annexations. Through January 31, 2014, total contract expenditures related to tree maintenance and removal services provided by Four Seasons Landscape exceeds $408,000. While adequate funds to support tree maintenance activities for the entire fiscal year are available, based on the demand for services, staff anticipates reaching the current contract expenditure limit prior to the end of March 2014. In order to continue addressing residents' tree - service requests in a timely manner, staff is requesting approval to increase Four Seasons Landscape's annual contract expenditure authority by $200,000, for a total annual contract not to exceed $710,000. The City's Special Districts operation is responsible for overseeing the City-wide tree maintenance program. Santa Clarita encompasses more than 115,000 trees, made up by equal numbers of trees located within the public right-of-way and maintained within Landscape Maintenance District (LMD) areas. As the City's urban forest matures, there will continue to be requests and a need for large trees to be removed. During fiscal year 2013-14, Urban Forestry has outsourced 523 service requests to Four Seasons Landscape involving Street and LMD trees, which are too large for in-house staff to manage. Removals addressed by our contractual crews focus on trees causing damage to City infrastructure and/or privately owned property. Urban Forestry staff will continue to address service requests involving small- and medium-sized tree removals, minor pruning, and replanting of new trees. Urban Forestry's maintenance program seeks to address tree -related issues by minimizing exposure to liability and mitigating instances of deferred maintenance which are frequently seen in other communities. Urban Forestry strives to keep pace with the level of requests for services generated by residents in a manner which is responsive and fiscally responsible. Increasing the expenditure threshold for this contract will allow Urban Forestry to continue responding to our residents' request for service through the end of this fiscal year, including completion of 148 service requests which are outstanding. ALTERNATIVE ACTIONS 1. Maintain Four Seasons Landscape's contractual expenditure threshold at its current amount. 2. Other action as determined by the City Council. FISCAL IMPACT This action does not require an appropriation of any additional funding. Adequate Landscape Maintenance District (Fund 357) and Urban Forestry (Fund 100) monies have previously been approved and appropriated by the City Council during the Fiscal Year 2013-14 Annual Budget process. ATTACHMENTS Four Seasons Landscape (formerly ISS Grounds Control) Contract Amendment available in the City Clerk's Reading File -z- y MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND ISS GROUNDS CONTROL, INC Contract No. 10-00236 HIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into thisday of 20� by and between the CITY OF SANTA CLARTiA, a general law city and cipal corporation ("CITY) and IS GROUNDS CONTROL, INC., a California Corporation 'CO The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; and B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; and C. As additional consideration, CITY agrees to pay CONTRACTOR on a monthly basis an amount set forth in the attached Exhibit "B," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from July 1, 2010, to June 30, 2011. The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit "A." :i B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES, A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's Revised 72009 Page I of 7 responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing Wage Determination at www.dir.ca.g_ov/DLSRIPWD. A copy of the prevailing rate of per diem wages must be posted at the job site. B. Protection of Resident Workers The City of Santa Clarita actively supports the Immigration and Nationality Act (INA), which includes provisions addressing;employment eligibility, employment verification, and nondiscrimination. Under` the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has: Thoroughly investigated and considered the scope of services to be performed; and ii. Carefully considered how the services, should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact' and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Revised 7!2009 Page 2 of 7 Type of Insurance Commercial general liability: Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and' property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AXH." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage, CONTRACTOR will require its insurer to: modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement, City may cancel the Agreement immediately with no penalty. F. Should Contractor's insurance required by this Agreement be cancelled at any Point prior to expiration of the policy, CONTRACTOR must notify City within 24 hours of receipt of notice of cancellation Furthermore CONTRACTOR must obtain replacement coverage that meets all contractual requirements within 10 days of the prior insurer's issuance of notice of cancellation CONTRACTOR must ensure that there is no lapse in coverage Reviscd 7/2009 . Page 3 of 7 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. CITY may terminate this Agreement at any time with or without cause. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. Revised 712009 Page 4 of 7 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 To CONTRACTOR: ISS Grounds Control, Inc. 23236 Lyons Avenue, Suite 209 Santa Clairta, CA 91321 B, When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. s lei 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of. this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor wilk,such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County, Revised 72009 Page 5 of 7 19. AUTHORITY/MORIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Councit "This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting tree program maintenance. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. (SIGNATURES ON NEXT PAGE) Revised 72009 Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: l City M lager Date: Ga ATTEST:( Q / By:_-G�°i�/LV City Clerk Date: APPROVED AS TO FORM: CARL K. NEWTON, CITY -ATTORNEY By: 61), City Attorney Date: J O Revised 72009 Ida-'Y-fi Page 7 of 7 IF;i FOR PUBLICATION TWO TIMES EXHIBIT A Wednesday, March 31, 2010 Sunday, April 4, 2010 NOTICE INVITING BIDS Sealed bids must be received before 11:00 AM on Monday, May 10, 2010, by the Purchasing Agent of the City of Santa Clarita, 23920 Valencia Boulevard, Suite 245, Santa Clarita, California, 91355-2196, at which time, or shortly thereafter, they will be publicly opened and read in Suite 304 for the purchase of: PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES Specifications for this bid may be'downloaded from the City's Purchasing website at www.santa-clarita.com/purchasing. Specifications may also be picked up at the City of Santa Clarita, Purchasing Division, 23920 Valencia Boulevard, Suite 245, Santa Clarita, California, 91355-2196. Specifications may also be sent by mail or Federal Express by phoning Dee Monkhouse, 661.286.4183. Please have your Federal Express account number available. Please refer to specifications for complete details and bid requirements. There will be a pre-bid meeting on April 13, 2010 at 11:00 AM. The location is Santa Clarita Corporate Yard, 25663 Avenue Stanford, Santa Clarita, CA, 91355. Attendance is optional but all potential proposers are strongly encouraged to attend. In accordance with the provisions of California Public Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, Class D-49 and C-27 at the time that a contract for this work is awarded. Failure to possess the specified licenses shall render the bid as non-responsive and shall act as a bar to award the contract to any bidder not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. This contract is subject to the State prevailing wage requirements of the California Labor Code including Sections ;1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations, These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at http•//www.dir.ca.gov/dlsr/pwd. Future effective PS -09-10.16 general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The specifications in this notice shall be considered a part of any contract made pursuant thereto. Purchasing 661.286.4187 Newhall Signal P"9-10-16 g F • _ ► _ •71"WA7i�1 INVITATION TO BID BID # PS -09-10-16 BID OPENING: May 10, 2010 The City of Santa Clarita invites sealed bids for: LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES Terms of payment: Subtotal US$ Delivery Sales or Use Tax (9.75%): US$ TOTAL: US$ 1. Return original of Bid to: City of Santa Clarita Purchasing Agent 23920 Valencia Blvd., Suite 245 Santa Clarita, CA 91355-2196 2. Prices shall be D.D.P. City of Santa Clarita Receiving dock Incoterms 2000 or for the service rendered. 3. Bidder shall honor bid prices for ninety (90) days or for the stated contract period, whichever is longer. 4. Bids must be on this Bid form and signed by the vendor's authorized representative. 5. The last day for questions will be 5:00 PM, May 3, 2010. 6. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. To help the City in source recruitment please let us know how you learned of this solicitation. Check one. _ Advertisement _ Direct mail _ Electronic medium (Website etc.) _ Bidding Service Word of mouth _ Other (list) BIDDER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this bid. The undersigned agrees to furnish the commodity or service stipulated on this bid as stated above. Company, Address: Name (Print): Signature Company Phone No.: PS -09-10-16 Title of Person Signing Bid 3 1 A. BID INSTRUCTIONS 1. Submitting Proposals. (a) The bid must be submitted on this form, in its entirety, (attachments accepted), original and one copy in a sealed envelope with the wording "Bid", bid number and closing date marked on the outside. (b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for bids not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Preparation. All proposals must be typed or written in black ink, except signatures. Errors may be crossed out and corrected in ink, then initialed in ink by the person signing the bid. In compliance with Resolution 93-9, all bids and attachments must be submitted double -sided on recycled paper. 3. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. Payments will be made in Unite States Currency. 4. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The City has the option of accepting or rejecting any alternative bid. 5. Environmentally Preferable Purchasing. The City of Santa Clarita, being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least impact on natural resources and greatest reuse of post- industrial and post -consumer material. Bidders are strongly encouraged to offer products meeting these criteria and point out those specific aspects or features in their bid. 6. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no response to this bid. 7. Withdrawal of Bids. A bid may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY'S designated official prior to the bid opening hour stipulated in the NOTICE INVITING SEALED BIDS. Bids may not be withdrawn after said hour without forfeiture of the bid guarantee. The withdrawal of the bid will not prejudice the right of the bidder to submit a new bid, providing there is time to do so. 8. Irregular Bids. Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineation, alterations, or erasures. Alternative bids will not be considered unless specifically requested or allowed. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. 9. Disgualifcation of Bidders. In the event that any bidder acting as a prime contractor has an interest in more than one bid, all such bids will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal bid as a prime contractor. The successful bidder shall be licensed in accordance with the provisions of the State Business and Professions Code and shall possess a State Contractor's license, class D-49 and C-27, at the time a contract for this work is awarded. 10. Rejection. The City may reject any or all bids and to waive any informality in any bid. The City may reject the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is in default PS -09-10-16 of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 11. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It is the bidder's responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the bid to make certain the package is complete and all required addenda are included. This information will also be available from the City's website if the bid was downloaded. Bidders are cautioned against relying on verbal information in the preparation of bid responses. All official information "and guidance will be provided as part of this solicitation or written addenda. 12. Awards. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public works, professional services or is federally funded. Qualifications of responsibility will be in accordance with the S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services resulting from this solicitation. The City may make an award based on partial items unless the bid submitted is marked "All or none." Where detailed specifications andlor standards are provided the City considers them to be material and may accept or reject deviations. 13. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the !successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause in vendor's response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy -back" procurements. 14. Amendments. Any and all changes to this contract must be made in writing and agreed to by the City. Performance by the contractor will be considered agreement with the terms of this contract. 15. Taxes. Charges and Extras. (a) Bidder must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified In bid. Contractor/vendor agrees to cooperate with the City in all matters of local taxation. 16. Payment. (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. 17. Assionment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 18. Sub contractors. For all public projects, the Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 19. Prevailing wage. The Bidder is required to bid prevailing wages for this contract. For the purposes of this paragraph, public works includes maintenance. 20. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which Includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under PS -09-10-16 the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 21. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. 22. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least 10% of the total value of the bid to guarantee that bidders will enter into contract to furnish goods at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California. Likewise, a Performance Bond and/or Material and Labor bonds shall be required of the successful bidder when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). 23. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be "Primary and Non -Contributory" and must name the "City of Santa Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000;000), and Worker's Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may alsa be required. Insurance shall not be cancelable or subject to reduction except upon thirty (3,0) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a bidder. 24. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Bidder is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) 25. Specifications. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 26. Discrepancies and Misunderstandings. Bidders must satisfy themselves by personal examination of the work site, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Specifications, or other contract documents shall be called to the attention of the CITY and clarified prior to the submission of bids. 27. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict bidders to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supercede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. _ At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and Ps -os -tats the notation NO SUBSTITUTE has been used in the specification section. 26. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 29. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term of this contract. The City does not pay "surcharges" of any type unless identified in the response to this bid. All costs will be included in the pricing provided to the City. 30. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to Citys legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year's payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of funds at the earliest possible date. 31. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting from this bid, the vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 32. Termination. The City may terminate any service or contract with or without cause either verbally or in writing at any time without penalty. 33. Equal Employment Opportunity Compliance. BIDDER certifies that in all previous contract or subcontracts, all reports which may have been due under the requirements of any CITY, Slate, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. 34. Affirmative Action Certification. BIDDER certifies that affirmative action have been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. 35. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this bid will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 36. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same PS -09-10-16 remedies against the Contractor as the City could pursue in the event of default by the Contractor. 38. Delivery. Contract delivery must begin not later than fifteen (15) calendar days from receipt of order. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, and site of user division. 39. Invoices. Invoices will be forwarded to City of Santa Clarita Accounts Payable 23920 Valencia Blvd. Ste. 295 Santa Clarita, CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or invoice, whichever is later. 40. Bid Questions. Questions should be forwarded by e-mail to rmichlerpsanta-cladta.com . They may also be faxed on letterhead to 661.286.4186 or sent on letterhead to: City of Santa Clarita Purchasing Department 23920 Valencia Blvd. Santa Clarita, CA 91355-2196 The last day for questions will be May 3, 2D10 at 5:00 pm. 41. Renewal and Pricing Adjustment. The period of contract performance starting July 1, 2010 and ending June 30, 2011. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to four times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area - Riverside -Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. PS -09-10-16 B. TERMS AND CONDITIONS The solicitation, bidder's response and the Purchase Order constitute the entire agreement between the vendor and the City of Santa Clarita (City) covering the goods (including services) described herein (the "goods"). Time is of the essence. 1. Shipment and Inspection. The terms and routing of shipment shall be as provided on the Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to any goods not then shipped. City shall have the right to inspect any or all of the goods at vendor's place of business or upon receipt by City at City's election, which right shall be exercisable notwithstanding Buyer's having paid for the goods prior to inspection. City, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications therefore, or to have waived any of City's rights or remedies arising by virtue of such defects or non-conformance. Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the vendor. 2. Risk of Loss. Not withstanding any provision hereof to the contrary, title to, and risk of loss of, the goods shall remain with the vendor until the goods are delivered at the D.D.P. point specified in this Contract, or if no such point is specified, then, when the goods are delivered to the City. However, if the goods are of'ah inflammable, toxic or otherwise dangerous nature, vendor shall hold City harmless from and against any and all claims asserted against City on account of any personal injuries and/or property damages caused by the goods, or by the transportation thereof, prior to the completion of unloading at City's receiving yard. 3. Warranties. Vendor warrants to and covenants with the City as follows: vendor will deliver to City title to the goods free and clear of all security interest, liens, obligations, restrictions or encumbrances of any kind, nature or description, the goods shall be free from defects in material and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new and not used or reconditioned; the goods and their packaging shall conform to the description thereof and/or specifications therefore contained in this Contract In placing this Contract, City is relying on vendor's skill and judgment in selecting and providing the proper goods for City's particular use. The goods shall be in all respects suitable for the particular purpose for which they are purchased and the goods shall be merchantable. Vendor shall indemnify and save and hold City harmless from and against any and all damages, losses, demands, costs and expenses arising from claims by third parties for property damage, personal injury or other losses or damages arising from vendor's breach of its obligations hereunder. 4. Remedies. In the event of vendor's breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to City by law: (a) require vendor to repair or replace such goods, and upon vendor's failure or refusal to do so, repair or replace the same at vendor's expense: (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at vendor's option; said return to be made at vendor's cost and risk: (c) cancel any outstanding deliveries or services hereunder and treat such breach by vendor as vendor's repudiation of this Contract. In the event of City's breach hereunder, veAor's exclusive remedy shall be vendor's recovery of the goods or the purchase price payable for goods shipped prior to such breach. 5. Force Majeure. For the purposes of this Contract, an event of "force majeure" shall mean any or all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires, floods or other acts of God; transportation delays; acts of government or any subdivision or agency thereof; failure or curtailment of power supply in the Pacific Southwest power grid; or any other cause, whether or not similar to the causes or occurrences enumerated above; in all cases, which are beyond the control of the party claiming the occurrence of a force majeure event and which delays, interrupts or prevents such party from performing its obligations under this Contract. Not withstanding any provision hereof to the contrary, the reduction, depletion, PS -09-10-16 shortage, curtailment or cessation of vendor's supplies'or reserves or any other supplies or materials of vendor shall not be regarded as an event of force majeure. The party affected by a force majeure event shall give notice thereof to the other party within ten days following the occurrence thereof and shall apprise the other party of the probable extent to which the affected party will be unable to perform or will be delayed in performing its obligations hereunder. The affected parry shall exercise due diligence to eliminate or remedy the force majeure cause and shall give the other party prompt notice when that has been accomplished. Except as provided herein, A performance of this contract by either party is delayed, interrupted or prevented by reason of any event of force majeure, both parties shall be excused from performing hereunder while and to the extent that the force majeure condition exists, after which the parties' performance shall be resumed. Notwithstanding the foregoing, within five days following vendor's declaration of a force majeure event which prevents its full and/or timely delivery of goods hereunder, City may, at its option and without liability (a) require vendor to apportion among its customers the goods available for delivery during the force majeure period; (b) cancel any or all delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and terminate this Contract. If City accepts reduced deliveries or cancels the same, City may procure substitute goods from other sources in which event this contract shall be deemed modified to eliminate vendor's obligation to sell and City's obligation to purchase such substituted goods. After cessation of a force majeure event declared by vendor, vendor shall, at City's option but not otherwise, be obligated to deliver goods: not delivered during the force majeure event After cessation of a force majeure event declared by City, neither party shall be obligated to deliver or purchase goods not so delivered and purchased during the force majeure period. 6. Patents. It is anticipated that the goods will be possessed and/or used by City. If by reason of any of these acts a suit is brought or threatened for infringement of any patent, trademark, trade name or copyright with regard to the goods, their manufacture or use, vendor shall at its own expense defend such suit and shall indemnify and save and hold City harmless from and against all claims, damages, losses, demands, costs and expenses (including attorney's fees) in connection with such suit or threatened suit. Compliance with Law. Vendor warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract, including, without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal Employment Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as amended, and any rules, regulations or orders issued or promulgated under such Act and Order. Vendor shall indemnify and save and hold City from and against any and all claims, damages, demands, costs and losses which the City may suffer in the event that vendor fails to comply with said Act, Order, rules, regulations or orders. Vendor further warrants that all goods sold hereunder will comply with and conform in every respect to the standards applicable to the use of such goods under the Williams -Steiger Occupational Safety and Health Act of 1970, as amended, and any regulations and orders issued thereunder. Any clause required by any law, ordinance, rule or regulation to be included in a contract of the type evidenced by this document shall be deemed to be incorporated herein. Where permits and/or licenses are required for the prescribed material/services and /or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction there over. 8. Reports. Artwork. Designs etc.: (a) If the goods are to be produced by vendor in accordance with designs, drawings or blueprints furnished by City, vendor shall return same to City upon completion or cancellation of this Contract Such designs and the like shall not be used by vendor in the production of materials for any third party without City's written consent. Such designs and the like involve valuable property rights of City and shall be held confidential by vendor. (b) If the Contract results in the creation of artwork, designs or written products, including but not. limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures, analyses, photographs, musical scores, lyrics, will be considered works for hire and the contractor PS -0310-16 10 expressly transfers all ownership and intellectual property rights including copyrights to the City by signing the contract. Such works and the like shall not be used by vendor in the conduct of any business with any third party without the City's written consent. (c) Unless otherwise agreed herein, vendor at its cost shall supply all materials, equipment, tools and facilities required to perform this Contract. Any materials, equipment, tools, artwork, designs or other properties furnished by City or specifically paid for by City shall be City's property. Any such property shall be used only in filling orders from City and may on demand be removed by City without charge. Vendor shall use such property at its own risk, and shall be responsible for all loss of or damage to the same while in vendor's custody. Vendor shall at its cost store and . maintain all such property in good condition and repair. City makes no warranties of any nature with respect to any property it may furnish to vendor hereunder. 9. Governing Law. The Purchase Order and this Contract between the parties evidenced hereby shall be deemed to be made in -,the State of California and shall in all respects be construed and governed by the laws of that state. 10. Miscellaneous. (a) The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision. (b) Stenographic and clerical errors, whether in mathematical computations or otherwise, made by City on this Contract or any other forms delivered to vendor shall be subject to correction. (c) On the issue of primacy in disagreements in bid responses, words shall hold over numbers and unit prices shall hold over extended prices. (d) City may, upon notice of vendor and without liability to City, cancel this Contract and any outstanding deliveries hereunder, (1) as to standard products of vendor not then .shipped hereunder, at any time prior to shipment, or (2) if (A) a receiver or trustee is appointed to take possession of all or substantially all of vendor's assets, (B) vendor makes a general assignment for the benefit of creditors, or (C) any action or proceeding is commenced by or against vendor under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors, or (C) vendor becomes insolvent or commits an act of bankruptcy. If an event described in (2) of this section occurs. City may at City's sole election pay vendor its actual out-of-pocket costs to date of cancellation, as approved by City, in which event the goods shall be the property of City and vendor shall safely hold the same subject to receipt of City's shipping instrApris. PS -0&10-16 11 SPECIFICATIONS The City of Santa Clarita's Landscape Maintenance Districts (LMD) and the Urban Forestry Division are soliciting sealed bids for the City's Tree Maintenance Program, consisting of tree trimming, tree planting, integrated pest management, and Arbor Pro Tree Inventory database input. The following general specifications apply to both the Landscape Maintenance District and the Urban Forestry Division. In addition, the Landscape Maintenance District and Urban Forestry division will have separate special provisions relating specifically to each division's contract. The City will award TWO (2) contracts, one to the low bid for the Landscape Maintenance District (LMD) and one to the low bid for the Urban Forestry Division. Should the low bidder for each contract be the same vendor, that vendor will be required to confirm in writing that they possess sufficient resources to perform both contracts simultaneously. Where the solicitation requests bidders to identify resources for the LMD and Urban Forestry contracts, bidders may not list the same staff or equipment for both contracts. GENERAL PROVISIONS SECTION 1 1-01 SCOPE OF WORK The work to be performed consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Specifications, provisions, and contract documents. The general items of work for this project shall consist of at least one (1) full time, tree crews and equipment for each of the two contracts awarded to provide comprehensive tree maintenance services for areas listed. if work assignments are completed prior to the contract term, additional areas of work may be assigned if funds are available. 1-02 CITY EMPLOYEES For the purpose of these Bid Specifications and for the term of this Tree Maintenance Contract, the title Contract Administrator will refer to the City Arborist and Special Districts Administrator. The titie Proiect Manager will refer to the tree inspector for the Urban Forestry Division and Landscape Maintenance District (LMD). 1-03 LOCATION OF WORK The general location of work is within the City limits of Santa Clarita. Locations and type of tree service may change throughout the duration of the contract at the discretion of the CITY and at no additional cost to the City. Initial work is outlined in this document. There is a link in this document to access maps of the areas where the work is to be performed. 1-04 TIME FOR START AND COMPLETION OF WORK The contractor shall start work beginning July 1, 2010, and complete work by June 30, 2011 unless terminated sooner as per the provisions of the contract. 1-05 WORK HOURS Work hours shall begin in Santa Clarita at 7:00 a.m. and end at 4:00 p.m., Monday through Friday. For areas surrounding all school zones no tree work within 1500 feet before 8:00 A.M. No work on CITY observed holidays except in the event of emergencies. See attachment 1. >� t PS -09.10-18 12 1-06 EMERGENCY INFORMATION The names, addresses and telephone numbers of the Contractor and any subcontractor, or their representatives, shall be filed with the City and the City's Sheriffs Department prior to beginning work. 1-07 CONTRACTOR EQUIPMENT AND GRAFFITI All equipment brought into the City or working within the City Limits shall be free of graffiti. Any graffiti that is spotted on equipment shall be removed immediately during working hours and any graffiti that is reported after hours or at any other time shall be removed within 24 hours. 1-08 CONTRACTOR COMMUNICATION The contractor's Field Supervisor's shall carry a mobile cellular phone and shall respond to calls from the City staff with 15 minutes of the call. In the case of after hours calls, two (2) hours maximum response time is allowed to arrive at the emergency location. The contractor's employees shall maintain 24-hour phone communication and staff must be able to contact all key contractor employee staff, key City staff, local utility agencies and emergency services as needed for the duration of the contract. 1-09 CONTRACTOR EQUIPMENT Contractor shall be required to clearly identify and equip each vehicle used at said facility with decals on the exterior right and left front door panels identifying the Contractor's name, address and phone number visible from 100 feet. Each vehicle must be mechanically sound, with a clean and neat appearance, and meet all California Vehicle Code requirements. All of the Contractors vehicles are subject to random inspections by the Santa Clarita Sheriffs Department. Equipment shall not leak fluids and meet all associated and required safety standards, inspections and certifications. 1-10 CONTRACTOR UNIFORMS Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes, and other gear required by State Safety Regulations (OSHA), and proper wearing of the clothing. Shirts shall be buttoned and wom at all times. Contractor shall at all times exhibit good customer service to City staff, City contracted staff, residents and others throughout term of this contract. All communication will be professional in manner between all parties. Unsatisfactory communication and service may be cause for contract termination. 1-12 CONTRACTOR PERFORMANCE ABILITY The contractor must demonstrate the ability to successful perform all work as specified in this bid. The contractor will provide evidence of successful performance through the identification of references for jobs of a similar size and scope. 3� i� PS -09-10.16 13 1-13 CONTRACTOR TRAINING AND EXPERIENCE Contractor's employees or representatives shall be thoroughly trained and experienced in the maintenance practices of Urban Forestry and Arboricultural Procedures to successfully maintain the City's Urban Forest according to industry standards and guidelines. Minimum training standards shall include the latest edition of the Best Management Practices of Arboriculture by the International Society of Arboriculture and the ANSI — A 300 Pruning standards. In addition the contractor shall maintain any and all required safety training for staff. This includes the latest edition of ANSI safety standards for tree operations ANSI — Z133.1 or later editions. Contractor must be able to provide documentation of regular training. 1-14 CERTIFIED ARBORISTS AND TREE WORKERS The Contractor shall at all times have a Certified Arborist on site acting in the capacity of a foreman, supervisor, or superintendent during all phases of tree maintenance including but not limited to tree trimming, tree removal or tree planting for each contract. Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the bid. Contractor shall employ on a regular full-time; permanent basis a person certified by the International Society of Arboriculture as a Certified Arorist and Certified Tree Worker at the time of bid submittal, bid award, and for the duration of AS contract. Said certified arborist is to be responsible for the contractor's crews performing assigned work in accordance with work standard agreed upon with the CITY. Proof of certification to be submitted with this bid. The Arborist will be on site while pruning operations are being conducted and to provide daily written inspection of such work and on site supervision of such crews; and to be readily available to serve as contractors representative in routine dealings with the CITY, (i.e. crew scheduling, performance standards, time and material expenditures, and the resolution of such situational disputes as may arise between work crews, other contractors, and/or the public). It is the desire of the CITY to provide a high level, informed and professional service to the residents. To this end, the CITY requires verification that at least 50% of the contractor's employees doing pruning under the specifications of this contract, be certified by the International Society of Arboriculture in the Tree Worker classification or Certified Arborist. Certification of current training records with personal references will be submitted with this bid for each employee. 1-15 WORK REPORTS The following is a partial list of the required data fields that will be required for tree inventory data collection. All tree inventory data shall be submitted in a format compatible with the Arbor Pro Inventory System. The following is a partial list of the required data fields. GPS Coordinates, Zone, Parkway type, Location, Right of Way in foot, Status, Condition: Required Maintenance, DBH, Height, Tree Species, Replacement Species, Inspection, Upload, Representational photo, 1.16 INCOMPLETE WORK REPORTS In the event that work is not completed due to emergencies, work delays, bird nesting, seasonal conditions and/or vehicle parking restricting work completions. Contractor shall record all skipped locations and the vehicle license number as part of the incomplete work report. All incomplete locations that are outstanding for more than two workdays shall be reported to the Urban Forestry Division and the Landscape Maintenance District. All incomplete locations shall be tracked for follow up completion and the Urban Forestry Division and the Landscape Maintenance District P"9.10-16 14 shall be again notified if incomplete work goes beyond one work week. All outstanding work shall be tracked on monthly work reports. This includes trees that may be skipped due to seasonal conditions, such a pines and eucalyptus during the summer months. 1-17 OUTSTANDING STUMP REPORTS Contractor shall monitor and track all work related to the removal of tree stumps and shall provide the City with an Outstanding Stump Report for all incomplete tree stump removals. The report shall be submitted weekly to the offices of the Urban Forestry Division and the Landscape Maintenance District. All stump removals shall be tracked on this report as well as the general work report, service reports, daily work records and any other type of work activity report required by the City All tree stumps from cut off trees shall be removed within 14 days of tree being cut down. If the stump is not removed in 14 days the contractor will be charged the cost the City Incurs to remove the stump. 1-18 PROPERTY DAMAGE Property Damage — Shall be reported within one hour of incident to the office of the City Arborist or the Project Manager. • In the event that verbal contact has not been made, the contractor will notify the City Risk Manager. • The contractor field supervisor shall also inform his superior so that all attempts will be made to rectify any damage caused by the contractor. • The contractor shall be responsible for all damage to private and public property and shall correct, fix, repair, replace or reimburse the party at loss for all damages. • Damage corrections shall be made as soon as possible to reduce future complaints. • In the case of vehicle damage contractor shall assist the damaged party to resolve the damage with an expedited process. • All damage and corrections shall be documented and reports provided to the City. • The City Urban Forestry -Division, the Landscape Maintenance District and the Risk Management Division shall be notified by e-mail of the incident. Included in the e-mail shall be the date, time and location of the incident, including a brief summary of the event. This e- mail shall be submitted within 24 hours of the incident. • Reports shall include all correspondence and course of action by the contractor to correct damage. 1-19 ROOT BARRIER Root Barrier— The Urban Forestry Supervisor or the Project Development Coordinator shall approve the root barriers. Root barriers must have a root deflection rib and a top edge. The root control panels may not be altered without written approval from the Urban Forestry Supervisor or the Project Development Coordinator. All trees shall be planted with a 12 -inch or 18 -inch deep by ten foot long root barrier along the sidewalk of each tree planting site. Root barrier shall be comparable to either Deer) Root brand model number UB -18-2. or Century brand CR -1 B-20 or City approved equal. PS -09-10-16 5V GENERAL SPECIAL PROVISIONS SECTION 2 2-01 DEFINITIONS Agency: City of Santa Clarita Project Administrator: Entire tree maintenance program - Urban Forestry Supervisor or designee Contract Administrator Urban Forestry Supervisor — Urban Forestry Contract Project Development Coordinator — LIVID Contract Contract: Shall mean EACH contract executed pursuant to this solicitation. Trimming Trimming and pruning shall be considered the same thing for the purposes of this project. 2-02 AWARD AND EXECUTION OF CONTRACT Within ten working days after the date of the CITY's notice of award, the Contractor shall execute and return the following contract documents to the CITY: Contract Agreement Faithful Performance Bond Labor and Material Bond Public Liability and Property Damage Insurance Certificate Workers' Compensation Insurance Certificate Failure to comply with the above will result in annulment of the award and forfeiture of the Bid Guarantee. This Contract Agreement shall not be considered binding upon the CITY until executed by the authorized CITY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the CITY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-03 SUBCONTRACTS The Contractor shall perform or provide, with its own organization, employees, materials, and equipment amounting to at least 60 percent of the Contract Price. The Contractor's employees shall constitute at least 60 percent of the labor force involved in the performance of contracts executed subsequent to this solicitation. PS -09-10-16 16 2-04 CONTRACT BONDS The Faithful Performance Bond shall remain in force until the contract expiration date. The Labor and Material Bond shall remain in force until thirty-five days after the contract expiration date, or until all claims for labor and material are paid, whichever is longer. 2-05 EXAMINATION OF CONTRACT DOCUMENTS The bidder shall examine carefully the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the plans and specifications, and the bid and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the bid, plans, specifications, and the contract. 2-06 CHANGES IN WORK- NOTICE TO SURETIES The Contractor shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of the work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The Contractor shall furnish proof of such adjustments to the CITY. 2-07 MATERIALS AND WORKMANSHIP The Contractor shall guarantee that the entire job will meet all requirements of this contract as to the quality of equipment, and workmanship. The Contractor, at no cost to the CITY, shall make any repairs or replacements made necessary by defects in equipment, or workmanship that become evident within 60 days after invoicing for the work in question. The Contractor shall hold the CITY harmless from claims of any kind arising from damages due to said defects, noncompliance and poor work workmanship. The Contractor shall make all repairs, replacements, and restorationsi within 10 days after the date of the Project Manager written notice. 2-08 WORKSITE CLEANUP All tree trimming shall be terminated at such time each day to give the cleanup crew sufficient time to have all brush, limbs, and debris loaded and all equipment off the work site by 4:00 p.m. The contractor shall review work from the previous day to ensure there are no hangers or debris fallen from previously trimmed trees. If debris or hangers are found than the contractor shall clean up work site. 2-09 AB939 CITY DIVERSION REQUIREMENTS The California Integrated Waste Management Act of 1989 (AB939) requires that all cities and counties in the State of California divert materials going to landfill by 50% by the year 2000 and maintain each year thereafter. In accordance with this mandate, all contractors handling landscape materials on behalf of the City of Santa Clarita will be required to divert all landscape materials from any and all landfills and co -generation facilities. Landscape material utilized for co -generation or daily landfill cover will not qualify for diversion credit and are therefore not acceptable methods of disposal for this material, All landscape materials collected through the program must be delivered to a properly permitted compost or mulching facility or material end-user. Landscape materials that have been collected for the express purpose of diversion will not be taken to a landfill unless the landfill possesses PS -09-10-16 17 other diversion facilities on site. The transport and disposal of landscape materials at an unauthorized facility, i.e. landfill, will constitute a material breach of this agreement. Contractors will be required to seek recycling alternatives for these organic, biodegradable landscape materials. Acceptable recycling alternatives would include the utilization of these materials as feedstock for composting, co -composting, mulching, soil amendment, and wood chip products. All contractors will be required to arrange for the chipping and transport of all landscape materials to their selected processor, with all cost to be borne by the Contractor. Approval of any other processing method not listed above will require the approval of the Environmental Services Manager, and must qualify for diversion credit as specified in AB939, or subsequent legislation. The City of Santa Clarita retains the right to cancel, at any time, any existing arrangement for the processing of City landscape materials and select a preferred processor capable of recycling these landscape materials and meeting the mandates of AB939. Contractors should select their processor on the basis of previous experience, the ability to meet AB939 mandates, the ability to acquire appropriate permits, and the ability to site a local chipping/transport site within or adjacent to the City of Santa Clarita. All contractors will be required to document the total weight and/or cubic yards of landscape material recycled on a monthly basis. The City of Santa Clarita's Environmental Services Division will supply the Public Works Department with a City -approved form, which the Contractor must complete on a monthly basis in order to document materials diverted. The Contractor should send documentation to the Special Districts Department. The contractor shall submit with the bid their current method of green waste disposal and a plan of action for handling green waste for the City of Santa Clarita. 2-10 PERFORMANCE PERIOD The period of contract performance starting July 1, 2010 and ending June 30, 2011. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to four times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. 2-11 LIQUIDATED DAMAGES The liquidated damages are $1000.00 per day. Should the awarded Contractor fail to appear on a designated work day through the duration of the contract, for each day missed, the Contractor will be required to double the man/women power and equipment necessary on proceeding work days to make up equivalent day(s) missed. Should the Contractor fail to make up work days missed, then the Contractor shall pay to the CITY, or have withheld from monies due to it, the sum of $1000.00 per work day in addition to normal amounts deducted from the monthly billing for work not performed. 1`8-09-10-16 18 The Contractor will not be required to make up days or hours missed if delays are due to acts of God or public enemy. Contractor shall make up days or hours missed due to inclement weather. 2-12 CONTRACTOR'S EQUIPMENT AND FACILITIES A noise level limit of 86 dba at a distance of fifty feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. Contractor will be required to ensure all equipment complies with all State and Local requirements including those of the South Coast Air Quality Management District. 2-13 LABOR LAWS o%v The Contractor and all subcontractors, suppliers, and vendors shall comply with all CITY, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the Labor Code, as provided in Section 1773, et. seq., the general prevailing wage rates have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov.disr/i)wd. The Contractor shall not pay less than prevailing wage rates. Certified payroll records will be required to be provided to the City. 2-14 PERMITS Prior to the start of any work, the Contractor shall take out the applicable CITY permits and make arrangements for CITY inspections. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 2-15 PROTECTION OF THE PUBLIC It is part of the service required`of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life, or loss of property which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work site which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Contract Administrator, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Contract Administrator, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Contract Administrator will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Contract Administrator may provide suitable protection to said interests by causing such work PS -09-10-16 19 to be done and material to be furnished as, in the opinion of the Contract Administrator may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the CITY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the CITY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 2-16 DIGALERT It is the contractor's responsibility to contact Dig alert before digging at any location in the City, This includes contacting Digalert before for any stump grinding activities. 2-17 PARTIAL AND FINAL PAYMENT The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor shall prepare the approximate measurements of the quantities of work performed through the closure date and submit it to the CITY for approval by the 5th day of the following month. All work will be approved by a representative of the City. When the work is complete, the Project Manager will approve the final quantities of the work performed and prepare the final progress payment report. Payments are commonly authorized and made within 30 days following the 10th day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. 2-18 QUALIFIED LINE CLEARANCE PERSONNEL This project may involve the trimming of trees in the vicinity of electrical transmission lines. The Contractor must have at least one person on site at all times qualified to provide line clearance services. A qualified line clearance tree trimmer is one who has completed a minimum of 18 months related training and on-the-job training experience, and is familiar with the special techniques and hazards involved in line clearance tree care operations. Pursuant to OSHA regulations, this training must be documented as well as an ongoing training program for these personnel. The contractor shall submit with the bid, documentation of qualified line clearance personnel. 2-19 SB198 AND OSHA COMPLIANCE REQUIREMENTS The Contractor must submit with their bid submission, his current Safety Manual meeting SB198 requirements for injury and illness prevention. This manual must also meet the safety requirements outlined in the Cal/OSHA General Industry Safety Orders, which incorporates the requirements of Section 3203 Accident Prevention Plan as well as Section 5194, A132185, A132187, and AB377; Federal Hazard Communication Standard, CFR1910.1200; and SARA Title III as they apply to Hazard Communication Standards. It is the intent of the City to rigorously examine these documents to determine if the Contractor is in full compliance with the safety related orders. 2-20 QUALITY CONTROL PLAN The contractor shall establish and maintain a Quality Control Program to ensure that the work performed under the contract conforms to the contract requirements. The Contractor shall submit with the bid, a comprehensive Quality Control Plan. PS -0310-16 20 The contractors Quality Control plan shall provide top contractor management with an effective and efficient means of identifying and correcting problems throughout the scope of operations. The Quality Control Program shall include: 1. A description of the contractor's quality control system. The system must cover all contract services, specify work to be inspected on either a scheduled or unscheduled basis, and describe how inspections are to be conducted. 2. The name(s) and qualifications of the individual(s) responsible for performing the quality control inspections, and the extent of their authority. 3. Provisions for recording the results of inspections and for recording corrective action taken. 4. Provisions to update and revise the Quality Control Program during the performance of the contract. A file of all Quality Control inspections both performed and scheduled inspection results, and dates and details of corrective actions taken shall be maintained by the contractor through the term of this contract. The file shall be the property of the City and made available to the Contract Administrator during regular working hours. The file shall be turned over to the City within 15 days of completion/termination of the contract. 2-21 CONTRACTOR MINIMUM EXPERIENCE Contractor certifies to have a minimum of five consecutive years of current experience in the type of work related to this project and that this experience is in actual operation of a firm with permanent employees performing a part of the work as distinct from a firm operating entirely by subcontracting all phases of the work (at a minimum). Evidence shall be Provided with bid which will consist of copies of a State, Contractors license D-49 and C-27 which shall have been in full force and effect and in good standing, a minimum of five consecutive years prior to the bid opening. PS -09-10-16 21 COMMON DETAILED SPECIFICATIONS LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY DIVISION SECTION 3 3-01 SCHEDULE AND SEQUENCE OF WORK The Contractor shall schedule his/her operations in accordance with the following requirements A) The Contractor shall submit a weekly copy of daily work reports to the Project Manager on each Monday throughout the term of the contract. In addition, the Contractor shall advise the Project Manager of the following week's work schedule. Daily work records shall be formatted for Windows excel spreadsheets for easy translation to the City tree inventory. This includes electronic records that will be input by the contractor into the City's Arbor Pro Tree Inventory system. The tree maintenance records shall be compatible and able to be input into the City's Tree Inventory System on a weekly basis. For areas where there is no tree inventory data, the contractor shall submit work reports that are in a Microsoft excel format — (minimum compatibility). The Spreadsheets shall include, but not be limited to the following information. Tree Species, Address, Location, Type of work performed, Diameter of tree (measured at 4.5 feet above ground level). Date of work performed, Zone -area or Grid of tree. The City will provide the sample spreadsheet for the electronic work reports. B) Work hours shall be in accordance with Section 1-04 C) Before trimming starts each day in street right-of-way, the recommended and required signs, barricades, and delineation shall be placed for traffic control as recommended in the State of California Manual of Traffic Controls and WATCH Work Area Traffic Control Handbook. If it is necessary to restrict traffic flow, the Contractor shall obtain prior written approval from the City's Traffic Engineer or Public Works Department before closing off any street or section of street. Traffic control is an included cost in the contract and will not be paid separately by the City. D) The Contractor is expected to operate work days consecutively -- Monday through Friday. No work shall be performed by the Contractor on City -observed holidays except in case of emergencies. 3-02 WORK SPECIFICATION FOR TREE TRIMMING SERVICE It is the intent of the City of Santa Clarita to have all trees trimmed in a professional manner in compliance with industry standards. All trees shall be raised over the street and sidewalk, dead - wooded, cleaned, crown -thinned, structured and lightly shaped to conform to the natural form of the species. Tree trimming for the purpose of this contract shall refer to the industry standard "Pruning" standards. In all cases tree trimming shall be synonymous and mean the same as tree pruning or pruning. Tree trimming shall be performed in accordance with the following requirements: A) All work shall conform to the current standards established by the International Society of Arboriculture (ISA) Best Management Practices and the ANSI -A300 (Part 1) — 2001 Pruning Standards, and any later amendments. Any deviation from the correct form and practice of tree trimming shall consider the Contractor to be non-responsive to the obligations of the contract of trimming all trees to the high standards. Contractor non- responsiveness to the criteria set forth by the International Society of Arboriculture (ISA) PS -09-10-16 22 Best Management Practices and the ANSI -A300 (Part 1) — 2001 Pruning Standards may lead to contractor performance review by the City that could lead to contract termination and forfeiture of faithful performance bond. B) The City of Santa Clarita trimming standards are as follows: P8-09-10-16 Raise —Raise trimming shall consist of selective trimming to provide vertical clearance. The desired height shall be 14 feet above the street and 8 feet over the sidewalk. Raise trimming shall be accomplished by trimming the lower branches on the live crown to the desired height. • The main scaffold limbs should start at a height of approximately 6 — 8 feet above ground level on most trees off the main trunk • Scaffold limbs should not be removed from the main trunk unless they interfere with the desired raise trimming height • Raise trimming shall not be excessive on small diameter trees - trees from 2 inches to 9 -inches in diameter. • Small diameter trees would require no more than one third of the live crown to be raised to prohibit exposing the main trunk to sunburn. This is usually trees less than 25 -feet in height • Raise trimming shall be done on all other trees located in open areas such as Parks or Greenbelts at a height determined by the City 2. Clean — Cleaning shall consist of selective trimming to remove one or more of the following parts: dead, dying, diseased, defective, detached or broken branches • Cleaning shall be performed throughout out the entire crown canopy • Cleaning shall be performed on branches that are two inches in diameter and larger 3. Thin — Thinning shall consist of selective trimming to reduce density of live branches throughout the crown canopy • Thinning should result in an even distribution of branches on individual limbs throughout the crown • Not more than 25 percent of the live tissue should be removed from the crown within one growing season. On oaks trees the percent of live tissue allowed to be removed shall not exceed 15% of the live crown • Thinning should be performed on limbs up to two inches in diameter. This is generalized size for most trees, but is dependant on age, size, condition and species of tree • Thinning can be the selective removal of water sprouts 4. Structure — Structure trimming shall consist of trimming that will balance the distribution of limbs throughout the tree canopy. • Structure trimming shall develop the branches in a manner that will influence the orientation, spaging, growth rate, strength of attachment and the ultimate size of branches and stems • Structure trimming reduces branches so they are less than one half the diameter of the parent limb • Structure trimming shall be performed to develop the tree according to its natural growth pattern and form • Structure trimming shall remove crossing limbs up to 2 — inches in diameter, Other crossing limbs shall be approved by City inspector 5. Reduction — Reduction trimming is the selective removal of branches and stems to decrease the height and/or spread of a tree. • Reduction trimming is done to minimize risk of failure, to reduce height or spread 23 and to accomplish clearance of buildings, traffic signs, traffic signals, utility lines etc 6. Trimming Cut Ratios — All trimming cuts shall be made so that the remaining lateral limb is at least one-third (1/3) to one-half (1/2) the diameter of the parent limb • An example of a 1/3 reduction would be a 3 -inch limb that is cul back to a 1 -inch diameter limb • An example of a % reduction would be a 3 -inch diameter limb cut back to a 1 -1/2 -inch diameter limb 7. General Trimming — General Pruning or Trimming shall consist of a combination of raise trimming, cleaning, thinning and structuring of the overall tree • This type of work shall be the default trimming for all tree trimming operations 8. Reduction Trimming shall be done on the entire tree at the direction of the City 9. Non -Approved Trimming — There shall be no topping, lions -tailing and over thinning unless directed by City staff C) A variety of small, medium, and large trees shall be trimmed by the contractor throughout the contract term. Trees vary in location throughout the zones. Many are along public Right -of -Way areas, on slopes, or within paseo systems with limited vehicle access. D) Price estimates must take into consideration all of the various zones' attributes and terrains. 3-03 TREE TRIM CODES A) The CITY has established work codes that are indicating the type of tree service required for each individual tree. Tree trim code language is meant to be used as a guide for the Contractor to follow. However, the Contractor must follow the proper arboriculture practices of tree trimming as mentioned in Sections 3-02. B) Code 101 -Class 1 Thin and Shape Trim This shall be the required standard type of tree pruning for all City trees. It shall consist of Raise Pruning, Crown Cleaning, Thinning and Structuring. Branches shall be evenly trimmed and thinned to eliminate excess limb weight and yet still retain the natural shape and form of the tree. All dead, weak, diseased, infested, broken, low, and crossing branches shall be removed to the point of origin (branch ridge collar). Branches to be shortened shall be cut by the drop -crotch method to laterals large enough to assume leadership. All suckers, small limbs, and water sprouts shall be removed from ground level to the height clearance levels specified in Parkway Trees Municipal Code 13.76. Code 101 includes minimal height clearance trimming using the drop crotch method. TOPPING or STUBBING cuts are not allowed. Code 102 - Trim/Raise-Vehicle and Pedestrian Limbs over roadways shall be trimmed to a height of 14 -feet and over pedestrian walkways by 8 -feet where practical. Code 103 - Trim/Crown Reduction The drop crotch method shall be performed by the contractor when reducing the height or spread of a tree. TOPPING or STUBBING is not permitted by the CITY. PS09-10-16 24 Code 104 Trim/Thin Trim thin to reduce density of tree. General thinning should not exceed 15% of actual foliage and branch removal. Code 105 Trim/Deadwood or Infested Trim to remove deadwood or wood that is infested severely by boring insects, Code 106 - Trim/Tree Training Trim of young trees for the purpose of developing scaffold branches and branch direction. Code 107 - Trim/Traffic Signal Clearance trim for clear visibility of traffic signs or signals. Code 109 - Trim/Sight Visibility Clearance trim for clear visibility of oncoming vehicle and/or pedestrian traffic. Code 110 Trim/Light Standard Clearance trim for street light standard luminous and occasionally for the pole itself. Code 301 - Root Prune/Hardscaoe Repair Severe or shave roots to make way for hardscape repairs or construction of hardscape I.E. sidewalks, curbs, gutters, roadways. Code 302 - Root Prune/Surface Root prune, shave, or severe roots above surface to depth prescribed by the City (generally in lawn areas). Code 303 - Root Prune/Sewer Root prune for the installation or repairs of a residential sewerline lateral. Code 501 - Emergency/Fallen Limb Contractor response and remedial repairs or removal of a fallen limb. Code 502 - Emergency/Fallen Tree Contractor response and remedial repairs or removal of a fallen tree. Code 503 - Emergency/Property Damage Contractor record any private or public damage as a result of a fallen limb or tree. Code 504 - Emergency/Iniury Contractor record any personal injury as a result of a fallen limb or tree. Code 505 - Emergency/Private Property Tree Contractor response and clearance trim of a private property tree that is blocking access to a public right-of-way as a result of a fallen limb or tree. Code 601 - Remove/Dead. Dying, or Diseased Tree Remove to ground level any tree that is either dead, dying, diseased, or severely infested by wood boring insects. Code 602 - Remove/Hardscape Damage Tree removed due to severe hardscape damage or other related objects damaged by tree roots. Code 603 - Remove/Utilities Damage Tree removed due to severe above or below ground utility damage. PS -09-10-16 25 Code 604 - Remove/Stump Tree stump removed in its entirety or stump ground down below surface. Code 605 - Remove/Stump and All When entire tree and stump removed. Code 606 - Remove/Vehicle Damage When tree removed due to vehicular damage. Code 701 - MaintenancefTree Wells Tree Wells Repaired to hold water. Code 702 - Maintenance/Tree Stakes Tree support stakes either repaired, replaced or removed. Code 703 - Maintenance/Weeding Tree basin weeded, manually or chemically. Code 901 - Fertilize Contractor application of tree fertilizer. Code 1002 - Plant Contract or plant trees. 3-04 HAZARDOUS TREE NOTIFICATION Contractor shall report to the Project Manager any tree defects or hazardous trees within an hour of notice. Defects include, but are not limited to structural weakness, trunk and limb decay, split wood, borer insect infestation, unstable trees due to root defects, broken branches, and dead/dying trees. 3-05 SPECIAL WORKSITE SPECIFICATIONS Daily work other than tree trimming shall be performed in accordance with the following requirements: A) CLEANUP - Removal of debris from the street, parkway sidewalk, paseo and yard areas of all property shall follow as closely as possible to the trimming operation, and all areas shall be left free of debris at the close of each day's operation. B) PROTECTION OF EXISTING IMPROVEMENTS - The contractor shall be responsible for the protection of all improvements adjacent to the work areas, including, but not limited to, sprinkler systems, drain pipes, lawns, planting, brick or masonry work, mailboxes, lights, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those scheduled for removal, then such improvements shall be replaced at the Contractor's expense without cost to the City and to the entire satisfaction of the Project Manager in a timely manner. C) INSPECTION - A CITY Project Manager will inspect the work site and tree trimming operations of the Contractor, to assure that the Contractor is in compliance with the contract specifications. The CITY Project Manager will accompany the Contractor or his/her representative on an inspection of each tree to ensure that the Contractor has trimmed the trees to ANSI A300 and City standards. If the tree has not been trimmed according to the industry standards and City expectations, the contractor will be required to re -trim the tree at no additional cost. PS -09-1 Q-16 26 D) NO PARKING SIGNS - The Contractor may be required to post a minimum of 48 hours in advance dated TEMPORARY NO PARKING — TREE TRIMMING signs on each individual tree designated for tree service on any and all roadways prior to servicing the area. E) DOOR HANGERS - Door hangers stating the City's intent to service trees are to be placed by the Contractor on homes abutting a street tree designated for trim 24 hours in advance. The door hangers should indicate the date that tree services will be rendered and the type of service to be performed. NOTE: NO TREE SHALL, BE SERVICED BY THE CONTRACTOR ON ANY STREET UNLESS PRIOR NOTIFICATION IS GIVEN TO THE RESIDENT BY THE CONTRACTOR VIA NO PARKING SIGNS AND DOOR HANGERS. Contractor to provide door hangers. F) PROJECT SIGNS - The Contractor shall provide 36 -inch -by 36 -inch signs with appropriate stands to be located at each end of work site areas, and so placed as to be clearly visible to all approaching vehicular traffic. The signs shall read as follows: TREE TRIMMING AHEAD G) TRAFFIC CONTROL AND CONSTRUCTION SIGNS — The contractor will be required to obtain a right of way encroachment permit every six months, from the City planning counter. The contractor may be required to submit traffic control plans to the City traffic engineer. The Contractor shall t@ke all necessary precautions during all phases of contract work to safeguard persons and property from injury and/or damage. The Contractor shall provide and maintain high -warning signs, traffic control signs, barricades, delineators, traffic cones, and flag persons as necessary to make the work areas safe. The Contractor must have a staff member available to direct pedestrians through a safe area of passage during all work times. Work may have to be temporarily halted for pedestrian passage. The Contractor must follow the guidelines provided from the current State of California Manual of Traffic Controls and WATCH (Work Area Traffic Control Handbook). The contractor will be required to have all crew members working within these zones Metrolink and Street Right of Way Certified per (WATCH MANUAL). The contractor and crew members will have ninety (90) days to complete these certificates. 3-06 DAILY PERSONNEL A) The Contractor shall maintain at the job site on a daily basis throughout the duration of the contract, adequate personnel to complete all work during the term of this contract. In the event that one contractor is awarded both contracts then this shall require two (2) full-time, tree crews and equipment for both divisions of the City that will provide comprehensive tree trimming service for areas listed. Otherwise each division shall require a minimum of one crew as described below. The daily crews, one for (Urban Forestry), and one for (LMD) shall each be a minimum three (3) man crew consisting of a working climbing foreman/crew leader who is a Certified Arborist, a second climber who is a Certified Tree Worker and one grounds -person. The foreman, or supervisor, must be a Certified Arborist by the Western Chapter of International Society of Arboriculture, and must be able to demonstrate efficient technical background. The foreman must be able to speak and read English clearly and convey all necessary contract instructions to his/her crew and the public at all times while on the job site. The foreman shall oversee and ensure that his/her crew is providing the City with high-quality work following the specifications and provisions of the contract. PS -09-10-16 27 All tree crewmembers shall assist each other with:the goal of producing high quality and quantity of work per workday. No climbing spikes will be used by tree climbers during the course of this contract except in the case of tree removals. Use of climbing spikes may forfeit this contract and allow the City to seek reimbursement for damages. Contractor shall provide sufficient number of personnel to satisfactorily perform the work specified in this solicitation and as may be assigned. Contractor must perform all work in accordance with the specifications set forth herein. Contractor's employees, whether assigned to any one Zone or as part of a crew serving any number of Zones shall include at least one individual crew foreman who speaks and comprehends the English language. The Contractor's Field Supervisor's shall carry a mobile cellular phone and shall respond to call from the City staff within 15 minutes of the call. In the case of after hour's calls, two (2) hours maximum response time is allowed to arrive at the emergency location. The contractor and staff shall maintain mobile cellular phones, and be programmed to contact all key contractor staff, key city personal, local utility agencies and emergency services as needed for the duration of the contract Contractor shall be required to clearly identify and equip each vehicle used at said facility with decals on the exterior right and left front door panels identifying the Contractor's name, and phone number. Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes, hard hats and other gear required by State Safety Regulations (OSHA), and proper wearing of the clothing. Shirts shall be buttoned and worn at all times. Contractor and employees shall at all time dress in a company uniform that identifies their employer and employee and exhibit good customer service to City staff, City contracted staff, residents and others throughout term of this contract. All communication will be professional in manner between all parties. The City may employ consulting Arborist Inspectors. These consultant monitors will be treated the same as other City of Santa Clarita staff. Unsatisfactory communication and service may be cause for contract termination. 3-07 DAILY EQUIPMENT ON SITE A) It is required that certain equipment shall be on the job site or within the City From 7:00 A.M. Monday morning to 5:00 P.M. Friday afternoon throughout the duration of the contract and shall be used for the purpose of the Tree Services as follows: Urban Forestry Division Two AERIAL LIFT TRUCKS (bucket trucks) with articulating booms that have working height of no less than 50 feet. ONE CHIPPER DUMP TRUCKS with a minimum load capacity of six yards. One large capacity self feeding brush chipper minimum 12 inch diameter feed. Minimum of one PICK-UP TRUCK. Landscape Maintenance District Division Two AERIAL LIFT TRUCKS (bucket trucks) with articulating booms that have working height of no less than 50 feet. ONE CHIPPER DUMP TRUCKS with a minimum load capacity of six yards. One large capacity self feeding brush chipper minimum 12 inch diameter feed. Minimum of one PICK-UP TRUCK. PS -09-10-16 28 All equiprpent mentioned above must meet OSHA and DMV requirements to operate within the City limits. Exception to 3-07: It is acceptable for the Contractor to remove equipment outside of the City limits for the purpose of dumping. Dumping outside of the City limits relieves the Contractor's obligation of daily equipment on site. Furthermore, is acceptable for contractor to remove equipment outside the City limits for repairs. However, equipment that is down for repairs over two days must be replaced by the contractor within three days of the first day equipment is out of operation. The City shall be notified if equipment is out for repairs or maintenance. The City requires a hydraulic stump grinder during removal procedures and it must also meet OSHA and DMV requirements. 3-08 EQUIPMENT CONDITION The Contractor shall use late model, mechanically sound equipment. If in the opinion of the City that equipment is in poor mechanical condition and is continually breaking down, then the City will require the Contractor to replace said equipment with properly operating equipment at no charge to the City. All cutting edges of chain saws, handsaws, pole saws, loppers, pole pruners, and other cutting equipment shall be kept sharp. No ripping or tearing equipment shall be used while trimming trees. Any ripping or tearing damage done to the trees will be repaired by a qualified tree surgeon, or the City will receive monetary compensation from the Contractor, in an amount determined by the Project Manager, that will be paid to the City, for the proper treatment of the damaged tree. 3-09 CHIPPED MULCH It is the desire of the city to use chipped mulch. Material will be used in paseos and other City areas. The green waste genelafed from the regular trimming crew will be available to the city at no additional cost when the city is in need of mulch that has been processed through a chipper only. Quality of mulch must be approved by a City representative prior to delivery to specified area. Mulch from diseased or infected trees shall be processed separately and not used for mulching purposes. The diseased or infected mulch shall be taken to a landfill or another site approved by the City. The contractor is expected to identify majorly infected trees and notify the City of their condition prior to performing maintenance or removals. After the City has confirmed the infected trees than contractor can schedule work as needed to accommodate the separation process. 3-10 RESOURCES The contractor shall provide a list of equipment currently owned and the number of full time employees shall be included with bid. 3-11 WORK SCHEDULING The City will give the Contractor a monthly work assignment. Contractor shall, submit a work schedule to the Project Manager for review and approval. Said work schedule shall be set on a calendar identifying and delineating the time frames for the required functions by the day of the week, morning, and afternoon. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Project Manager for his review, and if appropriate his approval, within five (5) working days prior to scheduled time for the work PS -09-10.16 29 3-12 TRIMMING MINIMUM HEIGHT All trees growing in the public right of way will be trimmed to provide adequate access for both vehicles and pedestrians. Trees along streets with vehicular traffic will be trimmed so the lowest branches are at least 14' above the roadway. Trees along sidewalks will be trimmed so the lowest branches are at least 8' above the walking surface. 3-13 NESTING SEASON — Part of the project may include tree work into the Migratory Bird Nesting Season. This season extends from February 15 until August 15 annually. Guidelines for working in areas observed to have nesting birds are included herein. All precautions listed in guidelines must be adhered to. Monetary fines incurred by the City due to contractor negligence, will be recouped by the City from contractor. See Attachment 2. 3-14 CONTRACTOR'S LIABILITIES All damages resulting from Contractor's operation within the City areas shall be repaired or replaced at Contractor's expense. All such repairs or replacements shall be completed within the following time limits. a. Irrigation damage shall be repaired or replaced within one (1) watering cycle. b. All damages to shrubs, trees, turf, or ground cover shall be repaired or replaced within five (5) working days or sooner as directed by the City. All repairs or replacements shall be completed in accordance with the following maintenance practices. a. Trees If damage results in loss of a tree, the damaged tree shall be removed and replaced at Contractor's expense to comply with the specific instructions of Contract Administrator. The contractor may be charged the value of the tree according to the International Society of Arboriculture (ISA) and the City of Santa Clarita Street Tree Ordinance (13.76 of the Santa Clarita Municipal Code - PARKWAY TREES.)AII replacement trees shall be maintained and watered when necessary for a minimum of 90 days to ensure proper establishment. b. Shrubs Minor damage may be corrected by appropriate trimming as required in Section 18, "Shrub and Ground Cover Care," of the Specifications. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 "Shrubs and Ground Cover Care" of the Specifications. c. Chemicals Any damage resulting from chemical operations, either spray -drift or lateral -leaching shall be corrected in accordance with the aforementioned maintenance practices. Any soil damaged from chemical application shall be reconditioned or replaced to insure its ability to support plant growth. 3-15 INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS Should any misunderstanding arise, Urban Forestry, or Special Districts will interpret this Agreement. If the Contractor disagrees with the interpretation of Special Districts, Contractor shall continue with the work in accordance with Urban Forestry or Special District's interpretation. Within 30days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall outline in detail the area of dispute. The Disputes Review Panel will be appointed by Urban Forestry, Special Districts and will be composed of not less than three (3) Qualified personnel or representatives having experience in the administration of tree maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to Project Administrator for consideration, within one (1) week following the conclusion of the hearing. PS -09-10-16 30 Project Administrator shall render an interpretation based upon review of the Panel's recommendation. The Project Administrator's decision shall be final. 3-16 OFFICE OF INQUIRIES AND COMPLAINTS Contractor shall at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries and complaints that may be received from the Home Owners Associations, property owners, and tenants within the City, personnel, representatives or patrons using the facility. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, Contractor's Foreman or an employee of Contractor, at the supervisory level, who is responsible for providing maintenance services, shall be available for notification by telephone or radio communication. Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be available for inspection by Urban Forestry, Special Districts at all reasonable times. All complaints shall be addressed as soon as possible after notification. but in all cases within 24 hours, to the satisfaction of the City. If any complaint is not resolved within 24 hours, Contract Administrator shall be notified immediately of the reason for not resolving the complaint followed by a written report to Contract Administrator within five (5) days. If the complaints are not resolved within the time specified or to the satisfaction of the City, the City may correct the specific complaint and the total cost incurred will be deducted from the payments owing to the Contractor from Urban Forestry and Special Districts 3-17 ADDITIONAL WORK City may arrange for supplemental Contractor personnel to cover (a) additional work needed due to extraordinary incidents such as vandalism, Acts of Nature or third party negligence for which Contractor will be compensated. Regularly occurring "bad weather" is not considered an Act of Nature for the purposes of this contract. Prior to performing any additional work, Contractor shall prepare and submit a written description of the work with an estimate including the hours and skill level of labor and a list of materials. No work shall commence without the written authorization from the City. Costs for additional work shall be at the labor rates used in establishing the costs of this contract and for material it shall be Contractor's cost plus no more than 10%. Contractor's costs will be established by copies of invoices. When a condition exists wherein there is imminent danger of injury to the public or damage to property, City may verbally authorize the work to be performed upon receiving a verbal estimate from Contractor. However, within 24 hours after receiving such verbal authorization, Contractor shall submit a proposal to be approved by Project Manager. All additional work shall commence on the specified date established, and Contractor shall proceed diligently to complete said work within the time allotted. All invoices submitted by Contractor for additional work shall include a detailed itemization of labor and/or materials. All invoices submitted by the contractor for additional work shall include a detailed itemization of labor and/or materials. All invoices for additional work and items must be submitted bi-weekly to the City. Awarded vendor to provide a sample invoice prior to. beginning work. PS -09-10-16 31 3-18 COMPUTERIZED TREE INVENTORY The contractor will be required to submit electronic maintenance records for all tree trimming work activities. The submitted maintenance records shall be compatible with and input into the City's Arbor Pro Tree Inventory database. The electronic maintenance records shall be submitted electronically on Windows, excel spread sheets on a weekly basis. Contractor shall be responsible for supplying for each the Urban Forestry Division and the Landscape Maintenance District contract one of each (1) Arbor Pro Tree Inventory license, one laptop computer and one digital camera (laptop shall be capable of running the Arbor Pro Tree Inventory database software) laptops shall be made available for use in the field by contractor employees to collect and input tree inventory. 3-19 PHOTOS The City of Santa Clarita may request digital photographs of trees in the course of tree maintenance activities. This can include before and after pictures of trees assigned to the contractor. The City can request a digital, electronic and or printed copy of the trees photos. The photos shall contain the time, date, location and type of tree photographed. 3-20 GENERAL TREE PLANTING The City of Santa Clarita will request tree planting. The city will supply all materials for the planting of trees. This will include the tree, tree stakes, tree ties, trunk guards and root barriers when required. The contractor shall supply the labor for the proper installation of the tree. The contractor shall adhere to the requirements for the planting of City trees under this contract and the latest edition of ANSI standards for tree planting, and the Best Management Practices of the International Society of Arboriculture, which are based on the American Standards for Nursery Stock and the University of California Extension Guidelines All work shall conform to the City of Santa Clarita Tree Planting Detail included in this bid. 3-21 QUALIFIED LINE CLEARANCE PERSONNEL The contractor shall obey the industry standards for tree trimming and Line Clearance operations as set forth by the latest edition of the OSHA and ANSI Z133.1 - Safety Requirements for Tree Operations. The contractor is required to have on staff and on site line clearance personnel during all tree operations in the vicinity of electrical transmission lines. Electrical transmission lines include but are not limited to electrical service, telephone and cable lines. The line clearance personnel shall be trained according to the industry standard as described in the ANSI and OSHA standards. Ongoing training and documentation shall conform to ANSI and OSHA requirements. PS -09-10-16 32 URBAN FORESTRY DIVISION DETAILED SPECIFICATIONS SECTION 4 4-01 MONTHLY ASSIGNED WORK The Contractor will be given a minimum of a months worth of work to be completed as part of the assigned duties and maintenance needs of the Urban Forestry Division. The Monthly Assigned Lists will be part of the overall yearly maintenance needs of the city and include the scheduled Tree Maintenance Grid Areas that need to be completed as part of the Five Year Trim Plan. In Addition the Contractor will be given other assigned work such as Parks, Trails and Facilities that will have an assigned schedule for completion. It is the duty of the Contractor to complete the assigned work as scheduled, in addition to any additional assignments. In general eighty-five percent (85%) of the scheduled work will be in neighborhood grid areas, parks, trails or selected streets. The other fifteen percent (15%) of the work will be in NON -grid areas and may be located throughout the City. Specifications for additional work shall be based on the needs of the City which arise from internal City Service Requests, Internal projects, citizen requests and other tree maintenance needs. This additional work will be put into ADDITIONAL WORK REQUESTS for the Contractor. It is expected that the Contractor shall assign supplemental resources to complete the regularly scheduled assigned work in addition to the Additional Work Requests. From time to time the City will request as additional work the removal of California Fan Palms. The number is estimated to be minimal. PS -09-10-16 33 LANDSCAPE MAINTENANCE DISTRICTS DETAILED SPECIFICATIONS SECTION 5 5-01 MONTHLY ASSIGNED WORK The Contractor will be given a minimum of a two weeks worth of work to be completed as part of the assigned duties and maintenance needs of the Landscape Maintenance Districts. The weekly assigned lists will be part of the overall yearly maintenance needs of the city and include the scheduled tree maintenance zone areas that need to be completed as part of the four year trim plan. In addition the Contractor will be given other assigned tasks such as tree planting, Vee counting, and integrated pest management that will have an assigned schedule for completion. It is the duty of the Contractor to complete the assigned work as scheduled, in addition to any additional assignments. Specifications for additional and extra work based on the needs of the City as ongoing scheduled work becomes necessary based on internal City Service Requests, citizen requests and other tree maintenance needs. These ADDITIONAL WORK SERVICE REQUESTS will be put into ADDITIONAL MONTHLY WORK REQUESTS for the Contractor. It is expected that the Contractor shall complete the regularly scheduled assigned work in addition to the Additional Monthly Work Requests. 5-02 CERTIFICATION OF SPECIALTY MAINTENANCE When applicable, Contractor shall include with the monthly invoice those specialty type Maintenance items completed. General tree maintenance reports shall be submitted weekly and at the end of each month a summary monthly service report. The following information shall include but not be limited to: a. Quantity and complete description of all trees trimmed, removed, serviced or maintained including date of service, location, by which staff and type of maintenance provided. b. Quantity of commercial and organic fertilizer(s) used. c. Quantit of all commercial pesticides d. A valid licensed California Pest Control Advisor's recommendations and copies of corresponding Agricultural Commissioners Pesticide Use Reports signed by a licensed California Pest Control Operator for all chemical, disease and pest control work performed. The report shall be accompanied by a listing of each material used, quantity used, the location of use, the date used, the applicators name and the license number under which the applicator was operating. e. All irrigation projects with detailed information as to the staff , day of work, materials and location f. Weed control as performed by hand or mechanical means, Report shall list area of work and the days and staff who performed the work. 5-03 PEST CONTROL ADVISOR It is anticipated that during the term of this project and in the daily prosecution of the various tree maintenance tasks required, many different diseases and infestations will be encountered. As an integrated part of this contract, the contractor shall have on staff or contract a California State Licensed Pest Control Advisor (PCA). This Pest Control Advisor will write recommendations and provide diagnostic support to the City on as needed basis. Copies of all state required reports will be provided monthly to the City. Proof of PCA license to be submitted with bid. PS -09-10-16 34 5-04 TREE INVENTORY GENERAL INFORMATION • The contractor must be able to inventory a minimum of 750 trees per month to complete the project. The exact number of trees to be inventoried will be determined by the unit price bid. • When the contractor is working for the City, they shall meet the City standards for uniform code. The contractor should always be dressed professionally with clothing that is fit for tree collecting and shall always be wearing a reflective vest and carry identification. Identification shall be a picture ID with the name of the company and job description, as well as a professional business card. • If a resident should inquire about the contractor, the contractor shall explain the purpose of their work and direct the inquiry to the City and provide their name and company if asked . 5-05 TREE INVENTORY TASKS • LMD shall formulate a list of zones that they will assign the contractor to be inventoried. • LMD will put together an estimate amount of trees they have in each zone they wish to inventory. • The contractor shall coordinate with LMD on what area the contractor will begin inventory. • Only one area will be done at a time , unless otherwise directed by LMD • Before the inventory of an area, a preliminary meeting will be held with the contractor and a LMD representative (a LMD consultant, inspector, or City employee). • During this pre -inventory meeting, the City representative will provide the contractor with a detailed map(s) of the LMD area that will be inventoried. • Once the preliminary meeting has been completed, the contractor can begin inventory. • The City will inspect the LMD area with the contractor and show the contractor the boundaries of the area, the difference from Urban Forestry trees, HOA trees, and private trees from the LMD trees. • Any questions on LMD responsibility or boundaries should be answered at this meeting. Any questions of tree responsibility, zone boundaries, or residential questions shall be addressed immediately to the City if questions or problems arise. • Data that is collected by the contractor and that is turned into the City for inspection and review will be turned around in a timely manner so as to not hold up the project. • The inventory process should be on a reasonable time schedule, agreed upon during the preliminary meeting. • Upon the completion of the inventory, the contractor shall turn in the area to the City for the City to check for quality control. Data will be submitted to the GIS division in a compatible format for the Arbor Pro software. • The City will do its inspection of the inventory in a timely manner by either a City employee or a City representative (consultant, inspector, alternate contractor). The post data review period by the City shall be agreed upon by the City and the Contractor. • If any discrepancies are discovered, the inventory will be given back to the contractor to recollect or edit the inventory prior to commencing the next area. • Only one zone shall be inventoried, Quality checked, at one time, unless otherwise directed by LMD. 5-06 TREE INVENTORY REPORTING The contractor shall report progress on the number of zones and trees completed every two weeks. A complete report shaltaccompany the monthly invoice including month to date and year to date figures. 5-07 TREE INVENTORY PAYMENT • Once the City has reviewed the monthly inventory report and the data meets the City standards, the contractor will be paid within 30 days. PS -09-10-16 35 5-08 TREE INVENTORY DATA COLLECTION The following is a partial list of the required data fields that will be required for tree inventory data collection. All tree inventory data shall be submitted in a format compatible with the Arbor Pro Inventory System. Below is a list of the required data fields for Arbor Pro Data Tables. Arbor Pro Data Tables GPS: X-coordinate Y-coordinate Zone: Property Address On Address Parkway type: Behind Curb and Gutter Median Monolithic Other Park Parkway Substreet Tree well Tree well with grate Unimproved Location Front Median Rear Side Other Right of Way in ft Status: Active Stump Vacant Inactive Condition: Critical Dead Excellent Good Fair Poor Stump Removal Vacancy NA Rec Maintenance: Priority 1 Prune Priority 2 Prune Priority 1 Removal Priority 2 Removal Dead Tree Removal Raise trim Full trim PS -09-10-16 36 Routine Prune Training Prune Stump Removal Infill Plant Clear Multiple Clear Stop sign Clear Street Light Clear Traffic Light Clear Traffic Sign Raise Sidewalk Raise Street Raise both NA DBH: Range Exact Height: Range Exact Crown Trunks Site # Value: $ Conflict with Overhead Utilities Species: Common name Botanical name Replacement Species: Common name Botanical name Inspection: ? `' Date By Upload: Date By Representational photo: P"9-10-16 37 Landscape Maintenance Districts Inventory List FY 2010-2011 Tree Trimming `s"' Golden Valle Rd. �� ParkwayKoelruetaria 75 Costco Medians "., Median Elderica Pine 25 Sierra Heights slopes Koelruetaria 35 INAn Albertson Parkwa Robinias 25 Sunset Hills Slo es Pine 75 :ah;; Canyon Crest SIO a Russ Lancea 40 ipm------ Friendly Valley Median Pear 20 - Rainbow Glen Slopes Eucalyptus 20 sadl Old Orchard ° Paseos Pines 40 Valencia Hills Paseo Various 30 Valencia Glen 4';.?. Paseo Various TO Valencia Meadows " Paseo Various 70 South Valley North-Central Valle ;s Paseo Paseo Various Various 65 200 ro. Valencia Summit Slopes Various 200 Northbridge Paseos Various 300 - North Park N Slopes Eucalyptus 100 Major Medians f:. Medians Various 350 Ad Valorem {iF Parkways Eucalyptus 300 j C?5 Circle J. Ranch jib Slopes Various 200 T=- G Circle J. Ranch z Slopes Various 20 Circle J. Ranch slopes Various 20 American Beauty Village Slopes Eucalyptus 20 Stone Crest 44. Slopes Various 30 . t=` Creekside = Parkways Various 100 > 9 Valencia Industrial Center ='y Parkways Various 100 z -z Town Center s_ Parkways Eucalyptus/Pepper 150 Bridgeport Parkways Various 40 3i Golden Valley Center = Parkways Various 20 _ Railroad Avenue ' : Parkways Various 40 Mountain View Slopes Various 60 Mountain View Courtyards Y --t 2 Slo es Various 60 Seco Villas Slo es Various 25 = Shangri-La slopes Various 76 PS -09-10-16 BR1 Urban Forestry Division Inventory List FY 2010-2011 Tree Trimming IGAMIA M ""'i Canyon Country Parkways Various 600 OR! LEI! Canyon Country F. Parkways Various 1300 Olq Sand Canyon.t Parkways Various 450 4qj Newhall Parkways various 400 U Central Parkrii Park Various 300 Canyon ParkVarious 100 -Bouquet Santa Clarita Park fsk= Park Various 75 Id Orchard Park Park Various 150 MHz F Trail TBD ri Trail Various 125 Miscellaneous = Citywide Various 500 R, KKK L 24 : PS -09-10-16 39 Attachment 1 2010 HOLIDAY SCHEDULE HOLIDAY New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving 1/2 Day for Christmas Eve Christmas Day 1/2 Day for New Year's Eve New Year's Day DATE CELEBRATED Friday, January 1 Monday, January 18 Monday, February 15 Monday, May 31 Sunday, July 4 (observed Monday 7/5) Monday, September 6 Thursday, November 11 Thursday, November 25 Friday, November 26 Friday, December 24 (observed Thursday 12/23) Saturday, December 25 (observed Friday 12/24) Friday, December 31 (observed Thursday 12/30) Saturday; January 1, 2011 (observed Friday 12/31) If a holiday should fall on a Saturday it will be celebrated the preceding Friday. If a holiday should fall on a Sunday, it will be celebrated the following Monday. PS -09-10-16 40 Attachment 2 Street Tree Trimming and the Migratory Bird Treaty Act Guidelines to follow orior to tree trimming activities • All workers shall visually check each tree for nests. Hawk nests are large and visible, but the majority of songbird nests especially the hummingbird nests, are small and very well camouflaged. • Observe for birds in the area of the tree. • Slowly search the tree for nest visually from top to bottom. • Even V birds are not observed in the area, the tree should still be searched nest thoroughly from top to bottom. • Finally, begin removing some branches while intermittently stopping and looking for nests. Guidelines to follow if nest is detected • Cease all work in the tree immediately. • Notify Supervisor and/or City contact. • Supervisor and/or City contact must notify project Biologist. • Flag Tree with tape. • Maintain a 200' to 500' NO WORK ZONE around the tree. • Do not commence work in the NO WORK ZONE until project Biologist has given clearance to do SO. Guidelines to follow if nest is damaged, knocked down or bird is killed • Cease all work in the tree immediately. • Notify Supervisor and/or City contact. • Supervisor and/or City contact must notify project Biologist. • Flag the tree with tape. • Establish a 200' NO WORK ZONE around the tree. • If bird is dead or injured do not attempt to pick it up or move it. • If nest is damaged in the tree or has fallen on the ground, leave it alone. • Do not commence work in the Igo WORK ZONE until the project Biologist has given clearance to do so. `'`" Federal and State Laws • Nesting birds are afforded protection under the Federal Migratory Bird Treaty Act (MBTA) Section 703-712, as well as under the California Department of Fish and Game (CDFG) Code Sections 3503, 3503.5 and 3513 • All birds other than some non -migratory upland game birds (such as quail, grouse, and turkey) and non-native birds (European starlings, pigeons, and English house sparrows) are protected by the MBTA. Any unauthorized "take" of migratory birds is a violation of the MBTA, regardless of whether the responsible party intended to kill the birds. Federal and State Law Definitions • 'Takeo is defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting, or attempting to do any of the above. • "Harm" is defined in the regulation as including destruction of habitat that kills or injures wildlife by significantly impairing essential behavior pattern, including breeding, feeding or sheltering. • "Harass" is defined as the likelihood of injury by annoying it to such an extent as to significantly disrupts normal behavior patterns, which include, but are not limited to, breeding feeding or sheltering. Federal and State Penalties The USFWS and the CDFG will issue citations and levy fines to individuals and companies that blatantly disregard the Federal and State Laws. PS -09-10-1e 41 Bid Submission Checklist The following documents are required to be completed and submitted by the Contractor at the times specified by an X opposite each title. If no column is marked, document will not be required. With Bid Proposal (All Bidders) With Agreement (Awardee only) Prior to Starting Construction (Awardee only) X Proposal X List of Subcontractors X Bidder's Bond X Violation Records X Staff and Equipment Form X References X Resources List X Certified arborist certificates X Certified tree worker certificates X Qualified line clearance personnel documentation X Copy of D-49 and C-27 licenses X Quality Control Plan X Green Waste Disposal Plan X Safety Manual X Contract Agreement X Bond for Faithful Performance X Payment Bond (for Labor and Material) X j Certification of Public Liability and Property Damage Insurance X Certification of Worker's Compensation Insurance X Certification of Fire and Extended Coverage Insurance X Preconstruction Meeting X Permits X Emergency Contract Information PS -09-10-16 42 Violation Records 1) Please attach the last six (6) months of tailgate safety meeting records, including employee sign in sheets and topics covered. 2) In the year of 2009, what was the longest stretch of days worked without an accident in the tree maintenance division? a. 3) Please provide any sustained complaints made to your company within the past four (4) years to Cal-Osha. a. 4) Please provide any sustained complaints made to your company within the past four (4) years to the California State Contractor Board in regards to your D-49 and C-27 license. a. All the information for items 1 — 4 can be placed on CD -Rom and submitted with bid. P"9-10-16 43 RESOURCES FOR LANDSCAPE MAINTENANCE DISTRICTS The bidder will complete the resource form and return it with the bid. 1. Number of aerial lift trucks (flat bed bucket trucks) with an articulating boom that have a working height of no less than 50 feet. 2. Number of chipper dump trucks with a minimum load capacity of 6 yards. 3. Number of chippers that meet all OSHA requirements. 4. Number of pick-up trucks. 5. Number of stump grinders. 6. Number of full time tree worker employees. 7. Number of ISA certified arborist's 8. Number of ISA Certified tree workers. 9. Number of qualifed line clearance employee 10. Number of full time employees Certified Arborist's name, certificate number and expiration date: Name: Certificate #: Certified Arborists' years of experience: PS -09-10-16 44 RESOURCES FOR URBAN FORESTRY DIVISION The bidder will complete the resource form and return it with the bid. 2. Number of aerial lift trucks (flat bed bucket trucks) with an articulating boom that have a working height of no less than 50 feet. 2. Number of chipper dump trucks with a minimum load capacity of 6 yards. 4. Number of chippers that meet all OSHA requirements. 4. Number of pick-up trucks. 5. Number of stump grinders. 6. Number of full time tree worker employees. 7. Number of ISA certified arbodst's B. Number of ISA Certified tree workers. 9. Number of qualified line clearance employees 10. Number of full time employees Certified Arborist's name, certificate number and expiration date: Name: Certificate #: Certified Arborists' years of experience: PS -09-10-16 45 DESIGNATION OF SUBCONTRACTORS Listed below are the name and location of the place of each subcontractor who will perform work or labor or render service in excess of Y of t percent of the prime Contractor's total bid: Name: Business Address: Telephone No, Contractor's License No. Bid Schedule Item Nos Description of Work Class Dollar Value of Work: Expiration Date` ----------------- ------------------------------- --- Name: Business Address: Telephone No. Contractor's License No. Bid Schedule Item Nos, Description of Work Class Expiration Date Dollar Value of Work: PS -09-10-16 - 46 Name: Business Address: Telephone No. Contractor's License No Bid Schedule Item Nos. Description of Work Class Expiration Date Dollar Value of Work: ----------------------------------------------------------------------- Name: Business Address: Telephone No. Contractor's Ucense No Bid Schedule Item Nos. Description of Work PS -09-10-16 Class Expiration Date Dollar Value of Work: 47 REFERENCES REFERENCES Must be for jobs with a similar size and scope of work. Bidder shall provide five (5) references with two referenced areas being located within fifty (50) miles from Santa Clarita, California. All other references submitted shall be for locations in which Bidder has provided tree trimming/pruning maintenance services for a period of not less than two consecutive years. All references shall be of a similar type facility in nature, Only three references of the five can be from the same agency the remaining two references shall be from different agencies or businesses. All references shall be evaluated and areas managed by contractor shall have site inspections. Contractor's Name: Who the work was done for: Address: Telephone No:. Contact Person: Date Work Completed Contractor's Name: Who the work was done for Address: Telephone No: Contact Person: Date Work ComDleted Contractor's Name: Who the work was done for Address: Telephone No: Contact Person: Date Work Completed PS -09-10-16 48 REFERENCES CONTINUED REFERENCES Must be for jobs with a similar size and scope of work. Bidder shall provide five (5) references with two referenced areas being located within fifty (50) miles from Santa Clarita, California. All other references submitted shall be for locations in which Bidder has provided tree trimming/pruning maintenance services for a period of not less than two consecutive years. All references shall be of a similar type facility in nature. Only three references of the five can be from the same agency the remaining two references shall be from different agencies or businesses. All references shall be evaluated and areas managed by contractor shall have site inspections Contractor's Name: Who the work was done for: Address: Telephone No: _ Contact Person: Date Work Completed Contractor's Name: Who the work was done for Address: Telephone No: Contact Person: Date Work Completed Contractor's Name: Who the work was done for Address: Telephone No: Contact Person: Date Work Completed PS -09-10-10 49 PRICING LANDSCAPE MAINTENANCE DISTRICTS TREE MAINTENANCE SERVICE PRICES BID PS -09-10-16 Cost to trim trees, identify and count trees, plant trees, and integrated pest management regardless of species or size to the specifications outlined in this bid within the City of Santa Clarita Right of Way (parkways, medians, slopes and paseos). The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter or that number of trees will be trimmed. Depending on available funds the overall quantity may change up or down. If the quantity changes it will change the same percent amount for all Categories. LANDSCAPE MAINTENANCE DISTRICTS INVENTORY LIST: 4 inches — 9.99" inches (850 units) 10" inches — 16.99" inches (850 units) 17" inches — 23.99" inches (800 units) 24" inches — 31.99" inches (300 units) 32" inches — 60" or larger (200 units) 1. Trimming cost per tree based on Unit price regardless of size. $ x 3,000 each= $ (unit price) (extended total price) REMOVALS Unit pricing to remove trees based on individual units of trees regardless of size. Cost to remove the following trees by units regardless of species to the specifications outlined in this bid for the Urban Forestry Division. The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter. Depending on available funds the overall quantity may change uo or down. If the quantity changes, it will change the same percent amount for all categories LANDSCAPE MAINTENANCE DISTRICTS INVENTORY LIST FOR REMOVALS: 7'— 12.99" DBH (30 units) 13" —18.99" DBH (30 units) 19" — 24.99" DBH (30 units) 25"— 30.99" DBH (30 units) 31" — 36.99" DBH (15 units) 37" —42.99" DBH (10 units) 43" and up DBH (5 units) PS -09-10-16 50 2. Removal cost per tree based on Unit price regardless of size : $ x 150 each =$ (unit price) (extended total price) 3. Tree identification and counting prices regardless of the trees species or size. See 5-04, for specifications. $ x (7,500) each= $ (unit price) (extended total price) 4. Total extended price for tree planting,; See page 52, for quantities and specifications. 5. Total extended price for Integrated Pest Management. See page 53, for quantities and specifications. 6. GRAND TOTAL FOR ITEMS 1— 5. (extended total price) (extended total price) $ (grand total) The total extended prices above determines the low bid for the Landscape Maintenance District PS -09 -tate 51 PRICING: TREE PLANTING Landscape Maintenance Districts Please list the unit price for the following tasks. These rates will be used in evaluating the bid, and will be used in evaluating cost estimates for additional work requested by the City under this Contract. The minimum tree and or root barrier requests for installation will be (7) seven. Include all labor and material costs. See page XX for the link to access Appendix A which Includes instructions for tree planting, tree staking & Merit application instructions. PS -09-10-16 52 In Numbers: $ TOTAL EXTENDED EXTENDED LINE DESCRIPTION UNIT OF UNIT PRICE ANNUAL PRICE page 51 of bid. MEASURE QUANTITY (unit price x quantity) 1 Installation of tree — 15 gallon tree (60) 15 gallon container Sixty 2 Installation of tree — 24 inch box (60) 24 inch box container. tree Sixty 3 18 -inch deep by ten foot 10 foot length (60) long root barrier along the sixty curb of each tree planting lengths site. 4 18 -inch deep by ten foot 10 foot length (60) long root barrier along the Sixty sidewalk of each tree lengths planting site. 5 Any additional costs to install trees and root barriers. See page XX for the link to access Appendix A which Includes instructions for tree planting, tree staking & Merit application instructions. PS -09-10-16 52 In Numbers: $ TOTAL EXTENDED PRICE ADD LINES 1-5 Write in cost: Write in the cost on page 51 of bid. See page XX for the link to access Appendix A which Includes instructions for tree planting, tree staking & Merit application instructions. PS -09-10-16 52 Pricing: Sheet Integrated Pest Management Landscape Maintenance Districts Please list the unit price for the following tasks. These rates will be used in evaluating the bid, and will be used in evaluating cost estimates for additional work requested by the City under this Contract. The minimum Integrated Pest Management requests for soil drenching will be (25) twenty five. Include all labor and material costs. LINE DESCRIPTION DBH UNIT COST ESTIMATED EXTENDED MERIT ANNUAL PRICE SOIL INJECTIONS QUANTITY tunes cost uanftnnual an 1 4 inches — 9.99" inches 200 2 10" inches —16.99" inches 300 3 17" inches — 23.99" inches,- 275 4 24" inches — 31.99" inches 200 5 32" inches — 60" or larger 100 6 Fertilizer application cost per tree based on unit 350 price regardless of size. Liquid soluble 46-0-0 High Nitrogen applications. 7 Fertilizer application cost per tree based on unit 350 price regardless of size. Liquid soluble 20-20-20 macro -micro -elements Fertilizer applications. B Any additional costs to complete each, request. Please explain: In Numbers: $ TOTAL COST ADD LINES 1-8 g Write in cost: Write in the cost on page 51 of bid. PE -09-10-16 63 URBAN FORESTRY DIVISON TREE MAINTENANCE SERVICES PRICES BID PS -09.10-16 TRIMMING Unit pricing to prune ! trim trees based on individual units of trees regardless of size. Cost to trim the following trees by units regardless of species to the specifications outlined in this bid for the Urban Forestry Division. The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter. Depending on available funds the URBAN FORESTY INVENTORY LIST: 7"— 12.99" DBH (1400 units) 13"-18.99" DBH (1100 units) 19" — 24.99" DBH (700 units) 25" — 30.99" DBH (400 units) 31" — 36.99" DBH (250 units) 37"-42.99" DBH (125 units) 43" and up DBH (25 units) 1. Trimming cost per tree based on Unit price regardless of size : $ x 4,000 each = $ (unit price) (extended total price) 2, Trim California Fan Palms (Washingtonia filifera) (100 units) Average size is 40 feet. $ x 100 each =$ (unit price) (extended total price) REMOVALS Unit pricing to remove trees based on individual units of trees regardless of size. Cost to remove the following trees by units regardless of species to the specifications outlined in this bid for the Urban Forestry Division. The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter. Depending on available funds the overall quantity may change up or down. If the quantity changes, it will chanqe the same percent amount for all categories PS -09-10-16 54 URBAN FORESTY INVENTORY LIST FOR REMOVALS; 7'-12.99" DBH (50 units) 13" —18.99" DBH (50 units) 19"-24.99"DBH (50 units) 25"-30.99" DBH (50 units) 31"— 36.99" DBH (30 units) 37"-42.99"DBH (15 units) 43" and up DBH (5 units) 3. Removal cost per tree based on Unit price regardless of size : $ x 250 each = $ (unit price) (extended total price) 4. GRAND TOTAL FOR ITEMS 1 — 3. (grand total) The total extended price above determines the low bid for the Urban Forestry Division PS -09-10-16 55 PRICING TOTALS TOTAL EXTENDED PRICE FOR ALL LANDSCAPE MANTENANCE DISTRICTS WORK Includes: Trimming costs Removal costs Tree identification Tree planting Integrated pest management TOTAL EXTENDED PRICE FOR ALL URBAN FORESTRY DIVISION Includes: Tree trimming Trim California Fan Palms Tree Removal 43 The City will award a contract to the low bid for the Landscape Maintenance District and the low bid for the Urban Forestry Division. PS -09-16-16 56 LANDSCAPE MAINTENANCE DISTRICTS The following pricing requested is for additional work and emergency call work for the Landscape Maintenance Districts. The City does not include travel time in the per hour or per day costs. These costs, if necessary, must be included in the mobilization charge. ADDITIONAL CREW PRICING PER DAY Scheduled Additional Crew; price per eight hour day for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 it height, one (1) large capacity truck (minimum 6 cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per eight hour day Mobilization charge Scheduled Additional Crew•, price per eight hour day for four -man crew and equipment that meets,the following requirements: A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers /trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks (minimum 50 it), one (1) large capacity dump truck(minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1—ton utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per eight hour day Mobilization charge Scheduled Additional Crew; price per eight hour day for three-man crew and equipment that meets the following requirements: A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist, one (1) climber / trimmer — Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck (minimum height of 50 feet tall), one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per eight hour day Mobilization charge PS -09-10-16 57 LANDSCAPE MAINTENANCE DISTRICTS EMERGENCY CALL PRICING two hour minimum After hour and emergency call out price per hour for five -man crew and equipment that meets the following requirements: (Minimum two hours) A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 of cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick- up truck and sufficient chain saws for trimming and large removals. Price per hour Mobilization charge After hour and emergency call out price per hour for four -man crew and equipment that meets the following requirements: (Minimum two hours) A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1—ton utility box pick-up truck, and sufficient chain saws for trimming and large removals. Price per hour Mobilization charge After hour and emergency call out price per hour for three-man crew and equipment that meets the following requirements: (minimum two hours) A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist, one (1) climber / trimmer— Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck minimum height of 50 ft feet tall, one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per hour Mobilization charge PS -09-10.16 58 LANDSCAPE MAINTENANCE DISTRICTS ADDITIONAL WORK RATES — TREE & STUMP REMOVALS $ each 7" —12.99" DBH $ each 134-18.99" DBH $ each W-24.99" DBH $ each 25"-30.99" DBH $ each 31"-36.99" DBH each 37"-42.99" DBH each 43" and up DBH PS -09-10-16 59 LANDSCAPE MAINTENANCE DISTRICTS ADDITIONAL WORK PERSONNEL HOURLY RATES PERSONNEL NORMAL WORK HOURS AFTER HOURS Certified Arborist Hourly Rate Hourly Rate Tree Trimmer Hourly Rate Hourly Rate Ground Worker Hourly Rate Hourly Rate Laborer Hourly Rate Hourly Rate Crew Foreman Hourly Rate Hourly Rate Chemical Applicator Hourly Rate Hourly Rate Truck Driver Hourly Rate Hourly Rate Water Truck & Operator Hourly Rate Hourly Rate Supervisor Hourly Rate Hourly Rate Certified Tree Worker Hourly Rate Hourly Rate EQUIPMENT HOURLY RATES FOR ADDITIONAL WORK NORMAL WORK HOURS AFTER HOURS Aerial Tower/Bucket Truck 50'-60' Hourly Rate Hourly Rate Truck 50'— 60' Aerial Tower/Bucket Truck 60' plus Hourly Rate Hourly Rate One Ton Pick-up Truck Hourly Rate Hourly Rate Stump Grinder Hourly Rate Hourly Rate Clamloader/Tractor Hourly Rate Hourly Rate Large Capacity Dump Truck Hourly Rate Hourly Rate Chipper Truck with Chipper Hourly Rate Hourly Rate PS -09.10-16 60 ADDITIONAL PRICING CONTINUED Please list the unit price, EXCLUDING part/material costs, for the following tasks. These rates will not be used in evaluating the bid, but may be used in evaluating cost estimates for additional work requested by the City under this contract. PS -09.10-16 81 EXTENDED LINE DESCRIPTION UNIT OF UNIT PRICE ESTIMATED PRICE MEASURE ANNUAL (unit price x QUANTITYquantity) 1 Price for water truck and Day rate driver. For watering — – street trees throughout City right of way. 2 18 -inch deep by ten foot 250 ten foot (250) Two long root barrier along the lengths hundred and curb and gutter of each fifty tree planting site. 3 18 -inch deep by ten foot 250 ten foot (250) Two long root barrier along the lengths hundred and sidewalk of each tree fifty planting site. 4 Installation of tree One gallon (50) Fifty One gallon container. 5 Installation of tree Five gallon (150) One Five gallon container. hundred and Fifty 6 Installation of tree – 24 inch box (250) Two 24 inch box container. tree hundred and fifty 7 Installation of tree – 15 gallon tree (125) One 15 gallon container hundred and twenty five PS -09.10-16 81 URBAN FORESTRY DIVISION The following pricing requested is for additional work and emergency call work for the Landscape Maintenance Districts. The City does not include travel time in the per hour or per day costs. These costs, if necessary, must be included in the mobilization charge. ADDITIONAL CREW PRICING PER DAY Scheduled Additional Crew; price per eight hour day for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per eight hour day Mobilization charge Scheduled Additional Crew; price per eight hour day for four -man crew and equipment that meets the following requirements: A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks (minimum 50 ft), one (1) large capacity dump truck(minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1—ton utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per eight hour day Mobilization charge Scheduled Additional Crew; price per eight hour day for three-man crew and equipment that meets the following requirements: A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist, one (1) climber / trimmer — Certified Tree Worker, one (1) grounds man; equipment to include one (1) fiat bed bucket truck (minimum height of 50 feet tall), one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 14on utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per eight hour day Mobilization charge PS -09-10-16 62 URBAN FORESTRY DIVISION EMERGENCY CALL PRICING two hour minimum After hour and emergency call out price per hour for five -man crew and equipment that meets the following requirements: (Minimum two hours) A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 It height, one (1) large capacity truck (minimum 6 of cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick- up truck and sufficient chain saws for trimming and large removals. Price per hour Mobilization charge After hour and emergency call out price per hour for four -man crew and equipment that meets the following requirements: (Minimum two hours) A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1-4on utility box pick-up truck, and sufficient chain saws for trimming and large removals. Price per hour Mobilization charge After hour and emergency call out price per hour for three-man crew and equipment that meets the following requirements: (minimum two hours) A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist, one (1) climber / trimmer— Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck minimum height of 50 ft feet tall, one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. Price per hour Mobilization charge P"9-10-16 63 URBAN FORESTRY DIVISION ADDITIONAL WORK RATES -TREE & STUMP REMOVALS REMOVALS Cost to remove trees including stump, regardless of species based on unit price per inch diameter of tree measured at Diameter at Breast Height (DBH) Cost Per Inch $ Cost to remove California Fan Palms (Washingtonia filifera) Cost per foot of trunk $ CHIPPED MULCH Price for chipped mulch as outlined below: Up to 500 yards price per yard $ 500 to 1000 yards price per yard $ TREE PLANTING Price for street tree planting as outlined: Price to plant without root barrier 15 gal $ 24" box $ 36" box $ Price to plant with root barrier 12" x 10' 15 pal $ 24" box $ 36" box $ Street tree root pruning by without root barrier 12 inches deep $ per foot Street tree root pruning by with root barrier 12" barrier $ per foot Street tree root pruning by without root barrier 18 inches deep $ per foot Street tree root pruning by with root barrier 18" barrier $ per foot PS -09-10-16 64 URBAN FORESTRY DIVISION ADDITIONAL WORK PERSONNEL HOURLY RATES PERSONNEL NORMAL WORK HOURS AFTER HOURS Certified Arborist Hourly Rate Hourly Rate Certified Tee Hourly Rate Hourly Rate Trimmer Journeyman Hourly Rate Hourly Rate Trimmer Apprentice Trimmer Hourly Rate Hourly Rate Grounds Person Hourly Rate ` " Hourly Rate Tractor/Clamloader HourlyRate Hourly Rate Operator Truck Driver Hourly Rate Hourly Rate Irrigation Tech Hourly Rate Hourly Rate Irrigation Laborer Hourly Rate Hourly Rate Supervisor Hourly Rate Hourly Rate Foreman Hourly Rate Hourly Rate Consulting Arborist Hourly Rate Hourly Rate PCA Advisor Hourly Rate Hourly Rate Laborer with Hourly Rate Hourly Rate Hand Tools Laborer with Hourly Rate " Hourly Rate Trencher Laborer with Hourly Rate Hourly Rate Weed Whippers Laborer with HD Hourly Rate Hourly Rate Weed Equipment Plant & Health Hourly Rate Hourly Rate Care Consultant Plant & Health Care Tech HourlyRate Hourly Rate PS -09-10-16 65 URBAN FORESTRY DIVISION EQUIPMENT HOURLY RATES FOR ADDITIONAL WORK NORMAL WORK HOURS AFTER HOURS Aerial Tower/Bucket Truck 50'-60' Hourly Rate Hourly Rate Truck 50'— 60' Aerial Tower/Bucket Truck 60' plus Hourly Rate Hourly Rate One Ton Pick-up Truck Hourly Rate Hourly Rate Stump Grinder Hourly Rate Hourly Rate Clamloader/Tractor Hourly Rate Hourly Rate Large Capacity Dump Truck Hourly Rate Hourly Rate Chipper Truck with Chipper Hourly Rate Hourly Rate P"9-10.16 66 General area maps of the Landscape Maintenance Districts and the Urban Forestry Division are available at the following link. Appendix A includes instructions for tree planting, tree staking and Merit application at the following link: http://www, santa-clarita.com/citvhall/ad min/purchasing/PS-09-10-16/ i PS -09-10-16 67 BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clar to for: dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: Landscape Maintenance District Tree Maintenance Service Bid # PS -09-10-16 Bidder's Signature CONTRACTOR Address City, State, Zip Code * Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. PS -09-10-16 68 PROPOSAL GUARANTEE BID BOND Landscape Maintenance District Tree Maintenance Service Bid No. PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that , as BIDDER, and SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY, IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this day of ,20 BIDDER SURETY* Subscribed and sworn to this day of 20_ NOTARY PUBLIC *Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. PS -09-10.16 69 BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a *certified/cashier's check payable to the order of the City of Santa Clarita for: dollars ($ ), this amount being not less than ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its legally constituted contracting authorities, and the undersigned shall fail to execute a contract and furnish the required bonds within the stipulated time; otherwise, the check shall be returned to the undersigned. Project Name: Urban Forestry Tree Maintenance Service Bid # PS -09-10-16 Bidder's Signature CONTRACTOR Address City, State, Zip Code * Delete the inapplicable work. NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. PS -09-10.16 70 PROPOSAL GUARANTEE BID BOND Urban Forestry Tree Maintenance Service Bid No. PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that , as BIDDER, SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this day of .20 SURETY' Subscribed and sworn to this day of 20! NOTARY PUBLIC `Provide BIDDER and SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative. IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. PS -0310-16 71 NON -COLLUSION AFFIDAVIT Landscape Maintenance District & Urban Forestry Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA COUNTY OF LOS ANGELES being first duly sworn, deposes and says that he or she is of _ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a Collusive or sham bid." JURAT State of California County of Subscribed and sworn to (or affirmed) before me on this day of 20_, by personally known to me or proved to me on the basis of satisfactory evidence to be the person (s) who appeared before me. (SEAL) Signature PS -09.10.16 72 FAITHFUL PERFORMANCE BOND Landscape Maintenance District Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that , as CONTRACTOR, AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars (S ), which is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this T day of 12008. CONTRACTOR` SURETY" Subscribed and sworn to this 2008. NOTARY PUBLIC day of Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10-16 73 LABOR AND MATERIAL BOND Landscape Maintenance District Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil,Procedures, provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of 2008. CONTRACTOR` SURETY` Subscribed and sworn to this day of 2008. NOTARY PUBLIC Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10-16 74 FAITHFUL PERFORMANCE BOND Urban Forestry Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that , as CONTRACTOR, AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this _ day of 2008. CONTRACTOR' SURETY` Subscribed and sworn to this 2008. NOTARY PUBLIC day of Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10-16 76 LABOR AND MATERIAL BOND Urban Forestry Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of 2008. CONTRACTOR' SURETY" Subscribed and sworn to this day of 2008. NOTARY PUBLIC Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10-16 76 S*A*M*P*L*E*C*O*N"T*R*A*C*T—D*O*N*O*T*S*I*G*N MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Contract No. THIS MAINTENANCE AGREEMENT CAgreement") is made and entered into this _ day of 20_, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY") and , a Corporation ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR on a basis an amount set forth in the attached Exhibit " " which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from 20 to 20 The Agreement may be renewed upon mutual consent;Qf the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit B. CONTRACTOR will, in a workmanlike manner, fumish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at htto://www.dir.ca.ciov/DLSRIPWD, A copy of the prevailing rate of per diem wages must be posted at the job site. B. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) PS -09-10-16 77 which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work In the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which Includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has Thoroughly investigated and considered the scope of services to be performed; Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement Is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property. damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made; basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be PS -09-10-16 78 reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative, should CONTRACTOR fail to meet any of the insurance requirements under this agreement City may cancel the Agreement immediately with no penalty. F. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 0 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Noticepf termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. PS -09-10.16 79 CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 To CONTRACTOR: Name Address City B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. PS -09-10-16 80 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITYIMODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties'' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting _ maintenance. To the extent that there are additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. (Signatures on Next Page) PS -09-10-16 81 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager Date: ATTEST: By: City Clerk APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY By: City Attorney PS -09-10-18 82 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM Effective Date of Approval: November 20, 2003 Updated: February 17, 2009 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM IMPLEMENTATION PLAN & OPERATIONAL MANUAL PS -09-10-18 83 Table of Contents Section I. Introduction 11 Labor Compliance Program III. Implementation Plan IV. Operational Manual • Site Visitation /Interviewing Requirements V. Procedures • Certified Payroll Verification • Labor Compliance Site Monitoring VI. Forms • Public Works Contract Award Information (DAS 140) • Training Funds Contributions (CAC 2) • Contractor Fringe Benefit Statement • Certified Payroll Reporting (sample) • DIR Public Works Payroll Reporting Form A-1-131(2-80) • Prevailing Wage Determination (sample) • Rules of Engagement • Labor Compliance Site Visitation Interview Form • Site Visitation Log • Pre -Award Letter (sample) • Post -Award Letter (sample • Ist Request for Certified Payrolls Letter (sample) • Missing Documents List • Certified Payroll Worksheet • Certified Payroll Correction Letter (sample) • Report of Action for Prevailing Wage Violations PS49-10-16 84 Section I CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM PS -09-10-16 85 INTRODUCTION The City of Santa Clarita (the "City") institutes this Labor Compliance Program for the purpose of implementing Its policy relative to the labor compliance provisions of state and federally funded public works contracts. This program is established for those applicable public works that commence construction after November 1, 2003. California Labor Code Section 1770, et seq., requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor Statistics and Research. California Labor Code Section 1776 requires contractors to keep accurate payroll records of trades workers on all public works projects and to submit copies of certified payroll records upon request. California Labor Code Section 1777.5 requires contractors to employ registered apprentices on public works projects. This labor compliance program ("LCP") contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as City policies and contract provisions, which include, but are not limited to, the following: 1. Contractors' payment of applicable general prevailing wage rates. 2. Contractors' employment of properly registered apprentices. 3. Contractors' providing weekly certified payroll records upon request but not less than monthly. 4. Program's monitoring City construction sites for the verification of proper payments of prevailing wage rates and work classification. 5. Program's conducting pre -job conferences with contractors/subcontractors. 6. Program's withholding contract payments and imposing penalties for noncompliance. 7. Program's preparation and submittal of annual reports. 8. Program's Notice of Labor Compliance Program Approval shall be included in the Call for Bids, in the contract/purchase order and shall also be posted at the job site. The Labor Compliance Officer ("LCO") is the City's representative for enforcement of the LCP. Questions regarding the California Labor Code, including issues relating to this LCP, should be directed to Harry Corder, the City's Labor Compliance Officer, at (661) 286-4025. PS -09-10-16 86 Section II CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM LABOR COMPLIANCE PROGRAM PS -09-10-18 87 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM TABLE OF CONTENTS PS -09-10-16 88 Em Introduction I. Public Works Subject to Prevailing Wage Laws......................................1 A. Types of Contracts to Which Prevailing Wag,;._,, Requirements Apply...................................................................... I B. Applicable Dates for Enforcement of the LCP ............................... I IL Competitive Bidding on City Public Works Contracts ............................2 III. Job Start Meeting........................................................................................2 IV. Review of Certified Payroll Records.........................................................3 A. Certified Payroll Records Required................................................3 B. Apprentices.....................................................................................5 C. Audit of Certified Payroll Records.................................................6 D. Complaints......................................................................................6 E. Review of Certified Payroll Records..............................................7 F. Confirmation of Payroll Records....................................................7 G. Written Summary of Labor Compliance Activities ........................7 V. Reporting of Willful Violations to the Labor Commissioner..................8 A. Failure to Comply with Prevailing Wage Requirements ................8 B. Falsification of Payroll Records, Misclassification of Work and/or Failure to Accurately Report Hours of Work ...............:...... 8 C. Failure to Submit Certified Payroll Records...................................8 D. Failure to Make Employee Payments.............................................8 E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices..................................8 F. For the Taking of Kick Backs.........................................................8 PS -09-10-16 88 VI. Enforcement Action....................................................................................8 A. Duty of the Awarding Body. .................. ................................... 8 B. Withholding Contract Payments when Payroll Records are Delinquent or Inadequate............................................9 C. Withholding Contract Payments, When After Investigation, It is Established That Underpayment or Other Violation Has Occurredl0 D. Forfeitures Requiring Approval by the Labor Commissioner...............................................................................10 E. Determination of Amount of Forfeiture by the Labor Commissioner....................................................................11 F. Deposits of Penalties and Forfeitures Withheld............................12 O. Debarment Policy.........................................................................13 VII. Notice of Withholding and Review Thereof............................................13 A. Notice of Withholding of Contract Payments (NWCP)................13 B. ReviewofNWCP.........................................................................13 C. Settlement Authority.....................................................................14 VIII. Priority Distribution of Forfeited Sums..................................................15 IX. Outreach Activities...................................................................................15 A. Providing Information to the Public.............................................15 B. rn-service Management training on the Labor Compliance Program....................................................................16 X. Annual Reports......................................................................................... 16 A. Annual Report on Prevailing Wage Monitoring to the City Council........................................................................16 ATTACHMENTS A. Checklist of Labor Law Requirements for Review at .lob Start Meetings........................................................................ 17 B. Audit Record Worksheets.............................................................19 C. Request for Approval of Forfeitures (suggested format) .............. 23 D-1. Notice of Temporary Withholding of Contract Payments Due to Delinquent of Inadequate Payroll Records...................................25 PS -09.10-16 89 D-2. Notice of Withholding of Contract Payments...............................27 E. Notice of Transmittal.................................................................... 30 F. Notice of Opportunity to Review Evidence Pursuant To Labor Code Section 1742(6) ...................................................31 G. Prevailing Wage Hearing Regulations, 8 CCR Sections 17201-17270 ......................................................34 H. Suggested Single Project Labor Compliance Review and EnforcementReportForm...........................................................35 P"9.10-16 - 90 INTRODUCTION The City of Santa Clarita institutes this Labor Compliance Program ("LCP") for the purpose of implementing its policy relative to the labor compliance provisions of state and federally -funded public works contracts and specifically to comply with the provisions of Labor Code Section 1771.5. This LCP contains the labor compliance standards required by state and federal laws, regulations, and directives, as well as City policies and contract provisions. The California Labor Code Section 1770, et seq. requires that contractors on public works projects pay their workers based on the prevailing wage rates which are established and issued by the Department of Industrial Relations, Division of Labor, Statistics and Research. In establishing this LCP, the City adheres to the statutory requirements as enunciated in Section 1771.5(b) of the Labor Code. Further, it is the intent of the City to actively enforce this LCP by monitoring City construction sites for the payment of prevailing wage rates, and by requiring contractors and subcontractors having workers on City sites to submit copies of certified payroll records demonstrating their compliance with the payment of prevailing wage rates. The failure of the City to comply with any requirement imposed by the California Code of Regulations shall not of itself constitute a defense to the failure to pay prevailing wages or to comply with any other obligations imposed by Chapter 1 (commencing with Section 1720), Part 7, Division 2 of the Labor Code. Should applicable sections of the Labor Code or Title 8 of the California Code of Regulations undergo alteration, amendment, or deletion, the City will modify the affected portions of this program accordingly. PS -09-10-16 91 SECTION I PUBLIC WORKS SUBJECT TO PREVAILING WAGE LAWS State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720 et seq., and include, but are not limited to, such types of work as construction, alteration, demolition, repair, or maintenance work. The Division of Labor Statistics and Research (DLSR) predetermines the appropriate prevailing wage rates for particular construction trades and crafts by county. A. Types of Contracts to Which Prevailing Wage Requirements Apply Applicable projects under Labor Code Section 1720 et seq. B. Applicable Dates for Enforcement of the LCP The applicable dates for enforcement of awarding body Labor Compliance Programs is established by Title 8, Section 16425 of the California Code of Regulations. Contracts are not subject to the jurisdiction of the Labor Compliance Program until after the program has received approval. SECTION II COMPETITIVE BIDDING ON CITY PUBLIC WORKS CONTRACTS The City publicly advertises upcoming public works projects to be awarded according to a competitive bidding process. All City bid advertisements (or bid invitations) and public works contracts shall contain appropriate language concerning the requirements of the Labor Code. SECTION III JOB START MEETING After the City awards the public works contract, and prior to the commencement of the work, a mandatory Job Start meeting (Pre -Job conference) shall be conducted by the LCO with the contractor and those subcontractors listed in its bid documents. . At that meeting, the LCO will discuss the federal and state labor law requirements applicable to the contract, including prevailing wage requirements, the respective record keeping responsibilities, the requirement for the submittal of certified payroll records to the City, and the prohibition against discrimination in employment. The LCO will provide the contractor and each subcontractor with a Checklist of Labor Law Requirements (presented as Attachment A to this document) and will discuss in detail the following checklist items: 1. The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seg.); should the project exceed the exemption amounts; 2. The contractor's duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); 3. The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ PS -09.10-16 92 apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1777.7; 4. The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section 1776(g)); The requirement includes and applies to all subcontractors performing work on City projects even if their portion of the work is less than one half of one percent of the total amount of the contract. 5. The prohibition against employment discrimination under Labor Code Sections 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended; 6. The prohibition against taking or extracting kickback from employee's wages under Labor Code Section 1778; 7. The prohibition against accepting fees for registering any person for public works under Labor Code Section 1779; or for filing work orders on public works under Labor Code Section 1780; 8. The requirement to list all subcontractors that are performing one-half of one percent of the total amount of the contract (Public Contract Code Section 4100 et seq.); 9. The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000, et seq.); 10. The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208); 11. The requirement that the connector and subcontractor be properly insured for Workers' Compensation under Labor Code Section 1861); 12. The requirement that the contractor abide by the federal and state Occupational Safety and Health laws and regulations that apply to the particular public works project; 13. The federal prohibition against hiring undocumented workers, and the requirements to secure proof of eligibility/citizenship from all workers; and 14. The requirements to provide itemized wage statements to employees under Labor Code Section 226. Certification: I acknowledge thatrl have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of (name of subcontractor). Date Name of person signing and company The contractors and subcontractors present at the Job Start meeting will be given the opportunity to ask questions of the LCO relative to the items contained in the Labor Law Requirements Checklist. The checklist will then be signed by the contractor's representative, a representative of each subcontractor, and the LCO. PS -09-10-16 93 r. i At the Job Start meeting, the LCO will provide the contractor with a copy of the City's LCP package which includes: a copy of the approved LCP, the checklist of Labor Law Requirements, applicable Prevailing Wage Rate Determinations, blank certified payroll record forms, fringe benefit statements, State apprenticeship requirements, and a copy of the Labor Code relating to Public Works and Public Agencies (Part 7, Chapter 1, Sections 1720-1861). It will be the contractor's responsibility to provide copies of the LCP package to all listed subcontractors and to any substituted subcontractors. SECTION IV REVIEW OF CERTIFIED PAYROLL RECORDS A. Certified Payroll Records Reguired The contractor and each subcontractor shall maintain payrolls and basic records (timecards, canceled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, superintendent and foreman daily logs, etc.) during the course of the work and shall be retained until the later of (1) at least one year after the acceptance of the public work or five years aftet the cessation of all labor on a public work that has not been accepted, or (2) one year after a final decision or judgment in any litigation under Labor Code Section 1742. Certified Payroll Records on Federally -assisted shall be maintained for a minimum of three years after acceptance of the public work. Such records shall include the name, address, and social security number of each worker, his or her classification, a general description of the work each employee performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, and actual wages paid. 1. Submittal of Certified Payroll Records The contractor and each subcontractor shall maintain weekly certified payroll records for submittal to the City of Santa Clarita LCO, as required. The contractor shall be responsible for the submittal of payroll records of all its subcontractors. All certified payroll records shall be accompanied by a statement of compliance signed by the contractor or each subcontractor indicating that the payroll records are correct and complete, that the wage rates contained therein are not less than those determined by the Director of the Department of Industrial Relations, and that the classifications set forth for each employee conform with the work performed. Time cards, front and back copies of cancelled checks, daily logs, employee sign -in sheets and/or any other records maintained for the purposes of reporting payroll may be requested by the Labor Compliance Officer at any time and shall be provided within 10 days following the receipt of the request. 2. Full Accountability Each individual, laborer or craftsperson working on a public works contract must appear on the payroll. The basic concept is that the employer who pays the trades worker must report that individual on its payroll. This includes individuals working as apprentices in an apprenticeable trade. Owner -operators are to be reported by the contractor employing them; rental equipment P"9-10-16 94 operators are to be reported by the rental company paying the workers' wages. Sole owners and partners who work on a contract must also submit a certified payroll record listing the days and hours worked, and the trade classification descriptive of the work actually done. The contractor shall make generally available for inspection such records by the Department of Industrial Relations, and shall permit representatives of each to interview tradesworkers during working hours on the project site. 3. Responsibility for Subcontractors The contractor shall be responsible for ensuring adherence to labor standards provisions by its subcontractors. Moreover, the prime contractor is responsible for Labor Code violations of its subcontractors in accordance with Labor Code Section 1775. 4. Payment to Employees Employees must be paid unconditionally, and not less often than once each week, the full amounts, that are due and payable for the period covered by the particular payday. Thus, an employer must establish a fixed workweek (Sunday through Saturday, for example) and an established payday (such as every Friday or the preceding day should such payday fall on a holiday). On each and every payday, each worker must be paid all sums due as of the end of the preceding workweek and must be provided with an itemized wage statement. If an individual is called a subcontractor, whereas, in fact, he/she is merely a journey level mechanic supplying only his/her labor, such an individual would not be deemed a bona fide subcontractor and must be reported on the payroll of the prime contractor as a trades worker. Moreover, any person who does not hold a valid contractor's license cannot be a subcontractor, and anyone hired by that person is the worker or employee of the general contractor for purposes of prevailing wage requirements, certified payroll reporting and workers' compensation laws. The worker's rate for straight time hours must equal or exceed the rate specified in the contract by reference to the "Prevailing Wage Determinations" for the class of work actually performed. Any work performed on Saturday, Sunday, and/or on a holiday, or portion thereof, must be paid the prevailing rate established for those days regardless of the fixed workweek where required by the Labor Code. The hourly rate for hours worked in excess of 8 hours in a day and 40 hours in a workweek shall be premium pay. All work performed on Saturday, Sunday and holidays shall be paid pursuant to the Prevailing Wage determination where required by the Labor Code. B. Aoorentices Apprentices shall be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program: registered and approved by the State Division of Apprenticeship Standards. The allowable ratio of apprentices to joumeypersons in any craft/classification shall not be greater than the ratio permitted to the contractor as to its entire workforce under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered shall be paid the journey level wage rate determined by the Department of Industrial Relations for the classification of P84)9.16-16 95 the work he/she actually performed. Pre -apprentice trainees, trainees in non-apprenticeable crafts, and others who are not duly registered will not be permitted on public works projects unless they are paid full prevailing wage rates as journeypersons. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Submit contract award information to the apprenticeship committee for each apprenticeable craft or trade in the area of the Project; 2. Request dispatch of apprentices from the applicable Apprenticeship Program(s) and employ apprentices on public works projects in a ratio to journeypersons which in no case shall be less than one (1) hour of apprentice work to each five (5) hours ofjoumeyperson work; and 3. Contribute to the applicable Apprenticeship Program(s) or the California Apprenticeship Council in the amount identified in the prevailing wage ratepublication for journeypersons and apprentices. If payments are not made to an Apprenticeship Program, they shall be made to the California Apprenticeship Council, Post Office Box 4206053; San Francisco, CA 94142. 4. Pay properly registered apprentices no less than the prevailing apprentice rate. 5. Pay the regular prevailing wage rate (i) to any worker who is not a duly registered apprentice and (ii) for all hours in excess of the maximum ration permitted under Labor Code Section 1777.5(g), as determined at the conclusion of the employing contractor or subcontractor's work on the public works contract. If the contractor is registered to train apprentices, it shall furnish written evidence of the registration (i.e., Apprenticeship Agreement or Statement of Registration) of its training program and apprentices, as well as the ratios allowed and the wage rates required to be paid thereunder for the area of construction, prior to using any apprentices in the contract work. It should be noted that a prior approval for a separate project does not confirm approval to train on any project. The contractor/subcontractor must check with the applicable Joint Apprenticeship Committee to verify status. The City will inform contractors and subcontractors bidding public works projects about apprenticeship requirements, send copies of awards and notices of discrepancies to the Division of Apprenticeship Standards as required under Section 1773.3 of the Labor Code; and refer complains and promptly report suspected violations of apprenticeship requirements to the Division of Apprenticeship Standards. r The Labor Compliance Program shall be responsible for enforcing prevailing wage requirements for apprentices consistent with the practice of the Labor Commissioner. C. Audit of Certified Payroll Records An Audit, as defined in the California Code of Regulations, shall be prepared by the Labor Compliance Program whenever the Labor Compliance Program has determined that there has been a violation of the Public Works Chapter of the Labor Code resulting in the underpayment of wages. An "Audit" for this purpose shall be defined as a written summary reflecting prevailing wage deficiencies for each underpaid workers, and including any penalties to be assessed under Labor Code Section PS -09-10-16 96 1775 and 1813, as determined by the Labor Compliance Program after consideration of the best information available as to the actual hours worked, amounts paid, and classifications of workers employed in connection with the public work. Such available information may include, but is not limited to, worker interviews, complaints from workers or other interested persons, all time cards, cancelled checks, cash receipts, trust fund forms, books, documents, schedules, forms, reports, receipts or other evidences which reflect job assignments, work schedules by days and hours, and the disbursement by way of cash, check, or in whatever form or manner, of funds to a person(s) by job classification and/or skill pursuant to a public works project. An Audit is sufficiently detailed when it enables the Labor Commissioner, if requested to determine the amount of forfeiture under section 16437, to draw reasonable conclusions as to compliance with the requirements of the Public Works Chapter of the Labor Code, and to enable accurate computation of underpayments of wages to workers and of applicable penalties and forfeitures. An Audit using the forms in Attachment 13, when accompanied by a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation and the basis upon which the determination of underpayment was made, presumptively demonstrates sufficiency. After the Labor Compliance Program has determined that violations of the prevailing wage laws have resulted in the underpayment of wages and an audit has been prepared, notification shall be provided to the contractor and affected subcontractor of an opportunity to resolve the wage deficiency prior to a determination of the amount of.'forfeiture by the Labor Commissioner pursuant to these Labor Compliance Program regulations. The contractor and affected subcontractor shall be provided at least 10 days following such notification to submit exculpatory information consistent with the "good faith mistake" factors set forth in Labor Code Section 1775(a)(2)(A)(i) and (ii). If, based upon the contractor's submission, the Labor Compliance Program reasonable concludes that the failure to pay the correct wages was a good faith mistake, and has no knowledge that the contractor and affected subcontractor have a prior record of failing to meet their prevailing wage obligations, the Labor Compliance Program shall not be required to request the Labor Commissioner for a determination of the amount of penalties to be assessed under Labor Code Section 1775 if the underpayment of wages to workers is promptly corrected and proof of such payment is submitted to the Labor Compliance Program. D. CoMplaints Upon receipt of a written complaint alleging that a contractor or subcontractor has failed to pay prevailing wages as required by the Labor Code, the LCP shall do all of the following: I. Within 15 days after receipt of the complaint, send a written acknowledgment to the complaining party that the complaint has been received and identifying the name, address, and telephone number of the investigator assigned to the complaint; 2. Within 15 days after receipt of the complaint, provide the affected contractor with the notice required under Labor Code section 1775(c) if the complaint is against a subcontractor; 3 Notify the complaining party in.,writing of the resolution of the complaint within ten days after the complaint has been resolved by the LCP; 4. Notify the complaining party in writing at least once every 30 days of the status of a complaint that has not been resolved by the LCP; and 5. Notify the complaining party in writing at least once every 90 days of the status of a complaint that has been resolved by the LCP but remains under review or in litigation before another entity. PS -09-10-16 97 E. Review of Certified Payroll Records Payroll records furnished by contractors and subcontractors in accordance with section 16421(a)(3) of the California Code of Regulations, and in a format prescribed at section 16401 of Title 8 of the have been completed and signed in compliance with Labor Code Section 1776(b): and (3) the correct prevailing wage rates have been reported as Raid for each classification of labor listed thereon, with confirmation of payment in the manner and to the extent described in subpart (fl below. F. Confirmation of Payroll Records G. undertaken whenever complaints from workers or other interested persons or other circumstances or information reasonably suggest to the Labor Compliance Program that payroll records furnished by a contractor or subcontractor are inaccurate. with the practice of the Labor Commissioner. Attachment H "Suggested Single Proiect Labor Compliance Review and Enforcement Report Form" is the suggested format. SECTION V REPORTING OF WILLFUL VIOLATIONS TO THE LABOR COMMISSIONER If an investigation reveals that a willful violation of the Labor Code has occurred, the LCO will make a written report to the Labor Commissioner which shall include: (I) an audit consisting of a comparison of payroll records to the best available information as to the actual, hours worked, (2) the classification of workers employed on the public works contract. Six (6) types of willful violations are reported: A. Failure to Comply with Prevailing Wage Rate eguirements Failure to comply with prevailing wage rate requirements (as set forth in the Labor Code and City contracts) is determined a willful violation whenever less than the stipulated basic hourly rate is paid to tradesworkers, or if overtime, holiday rates, fringe benefits, and/or employer payments are paid at a rate less than stipulated. B. Falsification of Payroll Records. Misclassification of Work. and/or Failure to Accurately -Report Hours of Work Falsification of payroll records and failure to accurately report hours of work is characterized by deliberate underreporting of hours of work, underreporting the headcount; PS -09-10-16 98 stating that the proper prevailing wage rate was paid when, in fact, it was not; clearly misclassifying the work performed by the worker; and any other deliberate and/or willful act which results in the falsification or inaccurate reporting of payroll records. C. Failure to Submit Certified Payroll Records The contractors and subcontractors shall have ten (10) days upon notification by the LCO in which to comply with the requirement of submittal of weekly and/or to correct inaccuracies or omissions that have been detected. :i. ii D. For Failure to Pay Fringe Benefits Fringe benefits are defined as the amounts stipulated for employer payments or trust fund contributions and are determined to be part of the required prevailing wage rate. Failure to pay or provide fringe benefits and/or make trust fund contributions on a timely basis is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner as a willful violation, upon completion of an investigation and audit. E. Failure to Pay the Correct Apprentice Rates and/or Misclassification of Workers as Apprentices Failure to pay the correct apprentice rate or classifying a worker as an apprentice when not properly registered is equivalent to payment of less than the stipulated wage rate and shall be reported to the Labor Commissioner, as a willful violation, upon completion of an investigation and audit. F. For the taking of Kickbacks Accepting or extracting kickbacks from employee wages under Labor Code Section 1778 constitutes a felony and may be prosecuted by the appropriate enforcement agency. SECTION VI ENFORCEMENT ACTION A. Duty of the Awarding Body The City of Santa Clarita, as the awarding body having an approved LCP, has a duty to the Director of the Department of Industrial Relations to enforce Labor Code Section 1720 et seq. and the procedural regulations of the Department of Industrial Relations in a manner consistent with the practice of the Labor Commissioner and DLSE and regulations found at Title 8, California Code Regulations, Section 16000 et seq. B. Withholding Contract Payments When Payroll Records are Delinquent or Inadequate 1. "Withhold" means to cease payments by the awarding body, its agents or others who pay on its behalf to the contractor. Where the violation is by a subcontractor, the contractor shall be notified of the nature of the violation and reference made to its rights under Labor Code Section 1729. 2. "Contracts" except as otherwise provided by agreement, means only contracts under a single master contract, or contracts entered into as stages of a single project which may be the subject of withholding; Ps-09-ta16 99 3. `Delinquent payroll records" means those not submitted on the basis set forth in the City Contract; 4. "Inadequate payroll records" are any one of the following: a. A record lacking the information required by Labor Code Section 1776; b. A record which contains all of the required information but is not certified, or is certified by someone not an agent of the contractor or subcontractor; c. A record remaining uncorrected for one payroll peridik.after the awarding body has given the contractor notice of inaccuracies detected by auditor record review. However, prompt correction will stop any duty to withhold if such inaccuracies do not amount to 1 percent of the entire certified weekly payroll in dollar value and do not affect more than half the persons Listed as workers employed on that certified weekly payroll, as defined in Labor Code Section 1776 and Title 8 CCR Section 16401. Prompt correction will stop any duty to withhold if such inaccuracies are de minimus. The withholding of contract payments when payroll records are delinquent or inadequate is required by Labor Code Section 1771.5(b)(5), and it does not require the prior approval of the Labor Commissioner. The LCP shall only withhold those payments due or estimated to be due to the contractor or subcontractor whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Compliance Program has reasonable cause to believe may be needed to cover a back wage and penalty assessment against the contractor or subcontractor whose payroll records are delinquent or inadequate; provided that a contractor shall be required in turn to cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Compliance Program provides notice that the subcontractor has cured the delinquency or deficiency. When contract payments are held under this section, the Labor Compliance Program shall provide the contractor and subcontractor, if applicable, with immediate written notice that includes all of the following: (1) a statement that payments are being withheld due to delinquent or inadequate payroll records, and that identifies what records are missing or states why records that have been submitted are deemed inadequate; (2) specifies the amount being withheld; and (3) informs the contractor or subcontractor of the right to request an expedited hearing to review the withholding of contract PSA9-10-16 100 payments under Labor Code Section 1742, limited to the issue of whether the records are delinquent or inadequate or the Labor Compliance Program has exceeded its authority under this section. No contract payments shall be withheld solely on the basis of delinquent or inadequate payroll records after the required records have been produced. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties shall be assessed under Labor Code Section 1776(g) for failure to timely comply with a written request for certified payroll records. The assessment of penalties under Labor Code Section 1776(g) does require the prior approval of the Labor Commissioner under section 16436 of these regulations. C. Withholding Contract Pavments When After Investigation It Is Established That Underoayment or Other Violation Has Occurred 1. "Withhold and "contracts" have the same meaning set forth in sections 16435(a) and 16435(b) of the California Code of Regulations. 2. Where the violation is by a subcontractor, the general contractor shall be notified of the nature of the violation and reference made to its right Under Labor Code Section 1720. 3. "Amount equal to the underpayment' is the total of the following determined by payroll review, audit, or admission of contractor or subcontractor: a. The difference between the amounts paid to workers and the correct General Prevailing Wage Rate of Per Diem Wages as defined in Labor Code Section 1773, and determined to be the prevailing rate due workers in such craft, classification or trade in which they were employed and the amounts paid; b. The difference between the amounts paid on behalf of workers and the correct amounts of Employer Payments, as defined in Labor Code Section 1773.1 and determined to be part of the prevailing rate costs of contractors due for employment of workers in such craft, classification, or trade in which they were employed and the amounts paid; c. Estimated amounts of"illegal taking of wages'; and PS -0310-16 101 d. Amounts of apprenticeship training contributions paid to neither the program sponsor's training trust nor the California Apprenticeship Council; e. Estimated penalties under Labor Code Sections 1775, 1776 and 1813. 4. The withholding of contract payments, when after�ihvestigation, it is established that underpayment or other violations have occurred requites the prior approval of the Labor Commissioner under sections 16436 and 16437 of the California Code of Regulations. 5. Provisions relating to the penalties under Labor Code Sections 1775, and 1813: a. Pursuant to Labor Code Section 1775, the contractor shall, as a penalty to the City, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wages. b. Pursuant to Labor Code Section 1813, the contractor shall, as a penalty to the City on whose behalf the contract is awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without payment of 1 1/2 times the rate of pay. D. Forfeitures Requiring Approval by the Labor Commissioner For purposes of this section, "Forfeitures" means the amounts of wages, penalties, and forfeitures assessed by the Labor Compliance Program and proposed to be withheld pursuant to Labor Code Section 1771.6(a), and includes the following: (1) the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate by the contractor or subcontractor; and (2) penalties assessed under Labor Code Sections 1775, 1776 and 1813. 2. If the aggregate amount of forfeitures assessed as to a contractor or subcontractor is less than $1,000.00, the forfeitures shall be deemed approved by the Labor Commissioner upon service and the Labor Commissioner's receipt of copies of the following: (1) The Notice of Withholding of Contract Payments authorized by Labor Code Section 1771.6(a); (2) an Audit as defined in section 16432(e) of the California Code of Regulations; and (3) a brief narrative identifying the Bid Advertisement Date of the contract for public work and summarizing the nature of the violation, the basis of the underpayment, and the factors considered in determining the assessment of penalties, if any, under Labor Code Section 1775. 3. For all other forfeitures, approval by the Labor Commissioner shall be requested and obtained in accordance with Section 16437 of the California Code of Regulations (subsection E) E. Determination of Amount of Forfeiture by the Labor Commissioner PS -09-10-16 102 Where the LCO requests a determination of the amount of forfeiture, the request shall include a file or report to the Labor Commissioner which contains at least the information specified in subparts (1) through (9) below: a. Whether the public work has been accepted by the awarding body and whether a valid notice of completion has been filed, the dates if any of those events occurred, and the amount of funds being held in retention by the Awarding Body; b. Any other deadline which, if missed, would impede collection; c. Evidence of violation, in narrative form; d. Evidence of violation obtained under section 16432 of the California Code of Regulations and a copy of the Audit prepared in accordance with section 16432(e) of the California Code of Regulations setting forth the amounts of unpaid wages and applicable penalties; e. Evidence that before the forfeiture was sent to the Labor Commissioner (A) the contractor and subcontractor were given the opportunity to explain why there was no violation; or that any violation was caused by good faith mistake and promptly corrected when brought to the contractor or subcontractor's attention, and (B), the contractor and subcontractor either did not do so or failed to convince the Labor Compliance Program of its position; f Where the City seeks not only amounts of wages but also a penalty as part of the forfeiture, and the contractor has unsuccessfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, a short statement should accompany the proposal for a forfeiture, with a recommended penalty amount, pursuant to Labor Code Section 1775(a); g. Where the City seeks only wages or a penalty less than $50 per day as part of the forfeiture because the contractor or subcontractor has successfully contended that the cause of violation was a good faith mistake that was promptly corrected when brought to the contractor or subcontractor's attention, the file should include the evidence as to the contractor or subcontractor's knowledge of its obligation, including the Program's communication to the contractor or subcontractor of the obligation in the bid invitations, at the prejob conference agenda and records, and any other notice given as part of the contracting process. Included with the file should be a statement similar to that described in subsection (f) above and recommended penalty amounts, pursuant to Labor Code Section 1775(a); h. The previous record of the, contractor and subcontractor in meeting their prevailing wage obligations; and i. Whether the Labor Compliance Program has been granted approval on only an interim or temporary basis under section 16425 and 16426 of the California Code of Regulations or whether it has been granted extended approval. 2. The file or report shall be served on the Labor Commissioner as soon as practicable after the violation has been discovered, and not less than 30 days before the final payment, but in no event not less than 30 days before the expiration of the limitations period set forth in Labor Code Section 1741. Ps -09-10-16 103 3. A copy of the recommended forfeiture and the file of report shall be served on the contractor and subcontractor at the same time as it is sent to the Labor Commissioner. The Labor Compliance Program may exclude from the documents served on thecontractor and subcontractor copies of documents secured from the contractor or subcontractor during an audit, investigation, or meeting if those are clearly referenced in the file of report. The City may exclude from the documents served on the contractor/subcontractor or surety copies of documents secured from these parties during an audit, investigation, or meeting if those documents are clearly referenced in the file or report. 4. The Labor Commissioner shall affirm, reject, or modify the forfeiture in whole or in part as to the wages and penalties due. The determination of the forfeiture by the Labor Commissioner is effective on the following date: For all Programs other than those having extended authority under section 16427 of the California Code of Regulations, on the date Labor Commissioner serves by first class mail on the City of Santa Clarita , on the contractor and on the subcontractor, if any an endorsed copy of the proposed forfeiture, or a newly drafted forfeiture statement which sets out the amount of forfeiture approved. Service on the contractor is effective if made on the last address supplied by the contractor or subcontractor in the record. The Labor Commissioner's approval, modification or disapproval of the proposed forfeiture shall be served within 30 days of receipt of the proposed forfeiture. F. Denosits of Penalties and Forfei res Withheld 1. Where the involvement of the Labor Commissioner has been limited to a determination of the actual amount of penalty, forfeiture, or underpayment of wages, and the matter has been resolved without litigation by or against the Labor Commissioner, the City shall deposit penalties and forfeitures into its General Fund. 2. Where collection of fines, penalties, or forfeitures results from court action to which the Labor Commissioner and the City of Santa Clarita are both parties, the fines, penalties, or forfeitures shall be divided between the General Funds of the State and the City of Santa Clarita, as the court may decide. 3. All amounts recovered by suit brought by the Labor Commissioner, and to which the City of Santa Clarita is not a party, shall be deposited in the General Fund of the State of California. 4. All wages and benefits which belong to a worker and are withheld or collected from a contractor or subcontractor, either by withholding or as a result of court action pursuant to Labor Code Section 1775, and which have not been paid to the worker or irrevocably committed on the worker's behalf to a benefits fund, shall be deposited with the Labor Commissioner, who will deal with such wages and benefits in accordance with Labor Code Section 96.7. G. Debarment Policy 1. It is the policy of the City that the public works prevailing wage requirements set forth in the California Labor Code, Section 1720-1861, be strictly!'enforced. In furtherance thereof, construction contractors and subcontractors found to be repeat violators of the California Labor Code shall be referred to the Labor Commissioner for debarment from bidding on or otherwise PS -09-10-16 104 being awarded any public work contract, within the state of California, for the performance of construction and/or maintenance services for the period not to exceed three (3) years in duration. The duration of the debarment period shall depend upon the nature and severity of the labor code violations and any mitigating and/or aggravating factors, which may be presented at the hearing conducted by the Labor Commissioner for such purpose. SECTION VII NOTICE OF WITHHOLDING AND REVIEW THEREOF A. Notice of Withholdine of Contract Payments After determination of the amount of forfeiture by the Labor Commissioner, the City shall provide notice of withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments. The awarding body shall also serve a copy of the notice by certified mailto any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body. A copy of the Notice of Withholding of Contract Payments (NWCP) to be utilized by the City is found as Attachment D to this document. B. Review of NWCP 1. An affected contractor or subcontractor may obtain review of a NWCP under this chapter by transmitting a written request to the office of the Labor Compliance Officer ("LCO") that appears on the NCWP within 60 days after service of the NWCP. If no hearing is requested within 60 days after service of the NWCP, the NWCP shall become final. 2, Within ten days following the receipt of the request for review, the LCO shall transmit to the Office of the Director -Legal Unit the request for review and copies of the Notice of Withholding of Contract Payments, any audit summary that accompanied the notice, and a proof of service or other documents showing the name and address of any bonding company or surety that secures the payment of the wages covered by the notice. A copy of the required Notice of Transmittal to be utilized by the City is found as Attachment E to this document. 3. The City may be represented by an attorney in prevailing wage hearings conducted pursuant to Labor Code Section 1742(b) and sections 17201-17270 of Title 8 of the California Code of Regulations. 4, Upon receipt of a timely request, a hearing shall be commenced within 90 days before the director, who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The appointed hearing officer shall be an employee of the department, but shall not be an employee of the Division of Labor Standards Enforcement. The contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the LCO at the hearing within 20 days of the receipt of the written request for a hearing. Any evidence obtained by the LCO subsequent to the 20 -day cutoff shall be promptly disclosed to the contractor or subcontractor. A copy of a Notice of ?s-09-10-16 105 nk Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) form is found as Attachment F to this document. The contractor or subcontractor shall have the burden of proving that the basis for the NWCP is incorrect. The NWCP shall be sufficiently detailed to provide fair notice to the contractor or subcontractor of the issues at the hearing. Within 45 days of the conclusion of the hearing, the director shall issue a written decision affirming, modifying, or dismissing the assessment. The decision of the director shall consist of a notice of findings, findings, and an order. This decision shall be served on all parties pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party on file with the LCO. Within 15 days of the issuance of the decision, the director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. The director has adopted regulations setting forth procedures for hearings under this subdivision. The regulations are found as Attachment G to this document An affected contractor or subcontractor may obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findingIs are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. 6. A certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. 7. A judgment entered pursuant to this procedure shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes. The clerk shall not charge for the service performed by him or her pursuant to this section. 8. This procedure shall provide the exclusive method for review of a NWCP by the City to withhold contract payments pursuant to Labor Code Section 1771.7. C. Settlement Authority 1. If a contractor or subcontractor seeks review of a Labor Compliance Program enforcement action, the Labor Commissioner may intervene to represent the City, or to enforce relevant provisions of the Labor Code consistent with the practice of the Labor Commissioner, or both. 2. Except in cases where the Labor Commissioner has intervened pursuant to subpart (1) above, the Labor Compliance Program shall have the authority to prosecute, settle, or seek the dismissal of an Notice of Withholding of Contract Payments issued pursuant to Labor Code Section 1771.6 and any review proceeding under Labor Code Section 1742, without any further need for approval by the Labor Commissioner. Whenever a Labor Compliance Program settles in whole or in part or seeks and obtains the dismissal of a Notice of Withholding of Contract Payments or a review proceeding under ,Labor Code Section 1742, the Labor Compliance Program shall PS -09-10-16 106 document the reasons for the settlement or request for dismissal and shall make that documentation available to the Labor Commissioner upon request. .6r SECTION VIII PRIORITY DISTRIBUTION OF FORFEITED SUMS 1. Before making payments to the contractor of money due under a contract for public work, the City shall withhold and retain therefrom all amounts required to satisfy the NWCP. The amounts required to satisfy the NWCP shall not be disbursed by the City until receipt of a final order that is no longer subject to judicial review. 2. Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the City shall not disburse any contract payments withheld. 3. From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers employed on the public works project who are paid less than the prevailing wage rate shall have PRIORITY over all Stop Notices filed against the prime contractor. 4. Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Fund and held in trust for the workers pursuant to Labor Code Section 96.7. Penalties shall be paid into the General Fund of the City that has enforced this chapter pursuant to Labor Code Section 1771.7. SECTION IX OUTREACH ACTIVITIES To ensure the successful implementation of the City's Labor Compliance Program, there shall be several outreach activities initiated and maintained. A. Providing Information to the Public The Labor Compliance Officer shall be responsible for communication and outreach activities relative to public information on the City's Labor Compliance Program: 1. Regular presentations to contractors at all City Job Walk Meetings (Pre -Bid conferences) and Job Start Meetings (Pre -Job conferences); 2. Ongoing communication via correspondence and with workers at the City's job sites when review of the certified payroll records reveals the possibility of prevailing wage violations. 3. Periodic meetings with contractor organizations, prime contractors and subcontractors interested in public works contracting with the City. B. In-service Management training on the Labor Compliance Program The Labor Compliance Program shall provide ongoing management in -servicing and workshops for PS -09-10-10 107 Facilities, Business, Accounting and legal staff relative to the terms, requirements and administration of the Labor Compliance Program. SECTION X ANNUAL REPORTS A. Annual Report on Prevailing Wage Monitoring to the City Council The Labor Compliance Program Officer shall submit to the Director an annual report on its operation within 60 days after the close of its annual reporting period. For purposes of this section, the annual reporting period shall be deemed to commence on the first of the month in which a Labor Compliance Program is granted approval pursuant to Section 16425 and 16426 of the California Code of Regulations and shall conclude on the last day of the month immediately preceding that date in the following year. The Annual report shall be made on form LCP-AR2. Information in the Annual Report shall be reported in sufficient detail to afford a basis for evaluation the scope and level of enforcement activity of the Labor Compliance Program. An annual report shall also include such additional information as the Labor Compliance Program may be required to report as a condition of its approval. ATTACHMENT A CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM CHECKLIST OF LABOR LAW REQUIREMENTSy FOR REVIEW AT JOB START MEETINGS The federal and state labor law requirements applicable to the contract are composed of, but not limited to, the following: I . Payment of Prevailing W a eg Rates The contractor's duty to pay prevailing wages (Labor Code Section 1770 et seq.); should the project exceed the exemption amounts; 2. Apprentices The contractor's duty to employ registered apprentices on public works projects under Labor Code Section 1777.5); 3. Penalties The penalties for failure to pay prevailing wages (for non-exempt projects) and to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775, 1777.7,;. 4. Certified Payroll Records The requirement to keep and submit copies of weekly certified payroll records to the City, as required under Labor Code Section 1776, and penalties for failure to do so (Labor Code Section 1776(g)); The requirement includes and applies to all subcontractors performing work on City projects even if their PS -09 -tate ioa portion of the work is less than one half of one percent of the total amount of the contract. Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or to his or her authorized representative on request. Contractors and subcontractors shall maintain their certified payrolls on a weekly basis and shall submit said payrolls weekly to the LCO. In the event that there has been no work performed during a given week, the Certified Payroll Record shall be annotated "No Work" for that week. 5. Nondiscrimination in Employment The prohibition against employment discrimination under Labor Code Sections 1777.6; the Government Code; and Title VII of the Civil Rights Act of 1964, as amended; 6. Kickback Prohibited The prohibition against taking or extracting kickback from employee's wages under Labor Code Section 1778; 7. Acceptance of Fees Prohibited The prohibition against accepting fees for registering any person for public works under Labor Code Section 1779; or for filing work orders on public works under Labor Code Section 1780; 8. Listing of Subcontractors The requirement to list all subcontractors that are performing one-half of one percent of the total amount of the contract (Public Contract Code Section 4100 et seq.); 9. Proper Licensing The requirement to be properly licensed and to require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractors License Law, found at Business and Professions Code Section 7000, et seq.); 10. Unfair Cotggetition Prohibited The prohibition against unfair competition under Business and Professions Code Sections 17200- 17208); 11. Workers' Compensation Insurance The requirement that the contractor and subcontractor be properly insured for Workers' Compensation under Labor Code Section 1861); 12. OSHA The requirement that the contractor abide by the federal and state Occupational Safety and Health laws and regulations that apply to the particular public works project; 13. Undocumented Workers The federal prohibition against hiring undocumented workers, and the requirements to secure proof of eligibility/citizenship from all workers; and 14. Itemized Waee Statements The requirements to provide itemized wage statements to employees under Labor Code Section 226. PS -09-10.16 109 Certification: I acknowledge that I have been informed and am aware of the foregoing requirements and that I am authorized to make this certification on behalf of (name of subcontractor). Date Name of person signing and company PS -09-10.16 110 ATTACHMENT B CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE LABOR COMPLIANCE PROGRAM AUDIT RECORD WORKSHEETS (For Use with Title 8 CCR Section 16432 Audits) Public Works Investigation Worksheet Public Works Audit Worksheet Prevailing Wage Determination Summary P"9-10-16 111 PS -09-10-16 112 R a PS -09-10-16 w i ■ ¥} ■ # !� a > � 2■ ; .�. |!. L., .� . � R a PS -09-10-16 w i PS -09-10-16 114 ATTACHMENT C PS -09-10-15 V 115 k ISfS• i' 'i �'P. � � � a I Jig ATTACHMENT C PS -09-10-15 V 115 Labor Compliance Program Regulations (referred to as Appendix D) REQUEST FOR APPROVAL OF FORFEITURE — Suggested format CITY OF SANTA CLARITA LCP: Name and Contact Information: Date of Request: Name and Contact Information for Awarding Body if different from LCP Approval Status (specify if either LCP: interim or temporary or if LCP has extended Notice of Completion/Date Recorded with County Recorder: authority): 2. PROJECT INFORMATION: Project Name: Contract Number: Project Location: Bid Advertisement Dates: Estimated Date Project is to be completed: f Acceptance Date of Project by the Awarding Body: Notice of Completion/Date Recorded with County Recorder: Other Relevant Deadline (specify): Amount being held in Retention: 3. Name and address of Affected Contractor: Name and address of Affected Subcontractor: General Description of Scope of Work of the Entire Project: PS -09-10.16 116 General Description of Scope of Work covered in the proposed Forfeiture (describe and attach relevant portions of contract or subcontract): 4. LABOR COMPLIANCE PROGRAM INVESTIGATION AND FINDINGS: Total Amount of Request for Notice of Withholding of Contract Payments: Wages Due: Training Funds Due: Total Penalties Due: Potential Liquidated Damages [Wages + Training Funds]: LC 1775 Penalties Due: LC 1813 Penalties LC 1776 Penalties Due: Other: Due: [Provide narrative summaries covering'the fallowing): A. Statement of Issues. B. Investiga me Report (detailed narrative including but not limited to how the investigation was conducted including worker declarations, reviewing certified payroll records, verification of employer payment contributions, etc.). C. Audit Report (detailed explanation of how audit was completed addressing each of the issues above). D. Affected contractor and subcontractor information (how affected contractor and subcontractor were informed of potential violations, summary of their response with respect to violations and penalty issues, and any other information considered in determining recommended penalties). E Recommended penalties under Labor Code Section 1775(x) and basisfor recommendation, including how . factors in subsection (a)(2) of Section 1775 were applied to arrive at the recommended amoant(s). ATTACHMENTS 1. Audit,Summary (Appendix B) 2. 1' Bid Advertisement Publication 3. Notice of Completion 4. Scope of Work 5. Complaint form(s) and Declarations, if any Send the Request and all Attachments to: ' ;Y- Division Y Division of Labor Standards Enforcement Bureau of Field Enforcement Attn.: Regional Manager 300 Oceangate Blvd., No. 850 Long Beach, CA 90802 COPIES OF THIS REQUEST, INCLUDING ALL ATTACHMENTS, SHALL BE SERVED ON THE PS -09-10-16 117 AFFECTED CONTRACTOR AND AFFECTED SUBCONTRACTOR AT THE SAME TIME THAT IT IS SENT TO THE DIVISION OF LABOR STANDARDS ENFORCEMENT. ATTACHMENT D-1 [Name and Contact Information for person issuing Notice] Work performed in County of: Date: Case or Contract No.: NOTICE OF TEMPORARY WITHHOLDING OF CONTRACT PAYMENTS DUE TO DELINQUENT OR INADEQUATE PAYROLL RECORDS (8 CCR §16435) Awarding Body: Work performed in County of: Project Name and Number (if any): Prime Contractor: Subcontractor: Pursuant to Labor Code § 1771.5(bx5) and 8 CCR § 16435, contract payments are being withheld due to delinquent or inadequate payroll records. Contractor or subcontractor whose payroll records are delinquent or inadequate: ❑ The following payroll records are delinquent (specify weeks and due dates): ❑ The following payroll records are inadequate (specify weeks and ways in which records are deemed inadequate under 8 CCR § 16435(d)): Estimated amount of contract payments due to contractor or subcontractor that are being withheld pursuant to this Notice: See page 2 for additional information, including appeal rights. PS -0310-16 118 Labor Compliance Officer Prime Contractor Obligations: If contract payments are being withheld due to the delinquency or inadequacy of your subcontractor's payroll records, you are required to cease all payments to that subcontractor until the Labor Compliance Program provides notice that die subcontractor has cured the delinquency or deficiency. Notice of Right to Obtain Review — Expedited Hearing An affected contractor or subcontractor may request review an expedited hearing to review this Notice of Withholding of Contract Payments under Labor Code § 1742. The only issue in any such review proceeding Is whether the specked payroll records are in fact delinquent or inadequate within the meaning q(8 CCR §16435 or whether the Labor Compliance Program has exceeded its authority under 8 CCR §16435. To obtain an expedited hearing, a written request most be transmitted to the both the Labor Compliance Program and to the Lead Hearing Officer for the Director of the Department of Industrial Relations, as follows: [Name of Labor Compliance Officer, address, and fax number] Office of the Director — Legal Unit Attention: Lead Hearing Officer Expedited Hearing Request Fax to: (415) 703-4277 The request for expedited hearing should specify the basis for challenging this Notice and include a copy of this Notice as an attachment. The request should also identify and provide contact information for the person who will represent the contractor or subcontractor at the hearing. V Important Additional Information: This is a Notice of Temporary Withholding of Contract Payments for Delinquent or Inadequate Payroll Records only. This is not a determination of liability for wages or penalties under Labor Code §§ 1775 and 1776 or any other statute. Contract payments cannot continue to be withheld pursuant to this notice, once the required retards have been produced However, the contractor and subcontractor may still be subject to the assessment of back wages and penalties and the withholding of contract payments if, upon investigation, a determination is made that the contractor or subcontractor violated the public works requirements of the Labor Code. This Notice only addresses rights and responsibilities under state law. Awarding bodies, labor compliance programs, and contractors may have other rights or responsibilities under federal or local law, where applicable, and may also have additional rights or remedies under the public works contract. P"9-10.16 CG' 119 ATTACHMENT D-2 Labor Compliance Program (SEAL) Phone: Fax: Date: In RePh a.ar to cue M.: Notice of Withholding of Contract Payments Awrdiog Body I Went, PMmmed in County of Projoa None Pmieni No. Prime Comacror Subenntracror L j After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above- named public works project, the Labor Compliance Program for (A Labor Compliance Program) has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor identified above. In accordance with Labor Code Sections 1771.5 and 1771.6, the Labor Compliance Program hereby issues this Notice of Withholding of Contract Payments. The nature of the violations of the Labor Code and the basis for the assessment are as follows: The Labor Compliance Program has determined that the total amount of wages due is: The Labor Compliance Program has determined that the total amount of penalties assessed under Labor Code Sections 1775 and 1813 is: S The Labor Compliance Program has determined that the amount of penalties assessed under Labor Code Section 1776 is: LABOR COMPLIANCE PROGRAM PS -09-10-16 1 120 Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code Sections 1742 and 1771.6, an affected contractor or subcontractor may obtain review of this Notice of Withholding of Contract Payments by transmitting a written request to the office of the Labor Compliance Program that appears below within 60 days after service of the notice. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Compliance Program Review Office -Notice of Withholding of Contract Payments A Request for Review either shall clearly identify the Notice of Withholding of Contract Payments from which review is sought, including the date of the notice, or it shall include a copy of the notice as an attachment, and shall also set forth the basis upon which the notice is being contested. In accordance with Labor Code Section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing within 20 days of the Labor Compliance Program's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code Section 1743. In accordance with Labor Code Section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) P5.09-10-16 121 Opportunity for Settlement Meeting In accordance with Labor Code Section1742.1 (b), the Labor Compliance Program shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Notice of Withholding of Contract Payments, afford the contractor or subcontractor the opportunity to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding the notice. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60 -day period for seeking a hearing as set forth above under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the }}urpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is is addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60 -day period during which a formal hearing may be requested. A written request to meet with the Labor Compliance Program's designee to attempt to settle a dispute regarding this notice must be transmitted to at the following address: Liquidated Damages In accordance with Labor Code Section 1742.1, after 60 days following the service of this Notice of Withholding of Contract Payments, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof that still remain unpaid. If the notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. If the contractor or subcontractor demonstrates to the satisfaction of the Director of the Department of Industrial Relations that he or she had substantial grounds for believing the assessment or notice to be an error, the Director shall waive payment of the liquidated damages. The Amount of Liquidated Damages Available Under this Notice is $ Distribution: Prime Contractor Subcontractor Surety(s) on Bond Attach: Audit Summary Proof of Service PS -09-10-16 122 ATTACHMENT E LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL) Phone: Fax: Dale: in Reply Refu to Cees No.: Notice of Transmittal To: Department of Industrial Relations Office of the Director -Legal Unit Attention: Lead Hearing Officer P. O. Box 420603 San Francisco, CA 94142-0603 Enclosed herewith please find a Request for Review, dated postmarked and received by this office on Also enclosed please find the following: Copy of Notice of Withholding of Contract Payments Copy of Audit Summary LABOR COMPLIANCE PROGRAM cc: Prime Contractor Subcontractor Bonding Company Please be advised that the Request for Review identified above has been received and transmitted to the address indicated. Please be further advised that the governing procedures applicable to these hearings are set forth at Title 8, California Code of Regulations Sections 17201-17270. These hearings are not governed by Chapter 5 of the Government Code, commencing with Section 11500. PS -08-40-46 123 ATTACHMENT F LABOR COMPLIANCE PROGRAM Review Office - Notice of Withholding of Contract Payments (SEAL ) Phone: Fax: Date: In awh Ref« 0 Cue No, Notice of Opportunity to Review Evidence Pursuant to Labor Code Section 1742(b) To: Prime Contractor Subcontractor Please be advised that this office has received your Request for Review, dated and pertaining to the Notice of Withholding of Contract Payments issued by the Labor Compliance Program in Case No. In accordance with Labor Code Section 1742(b), this notice provides you with an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review, and the procedures for reviewing such evidence. Rule 17224 of the Prevailing Wage Hearing Regulations provides as follows: A(a) Within ten (10) days following its receipt of a Request for Review, the Enforcing Agency shall also notify the affected contractor or subcontractor of its opportunity and the procedures for reviewing evidence to be utilized by the Enforcing Agency at the hewing of the Request for Review. (b) An Enforcing Agency shall be deemed to have provided the opportunity to review evidence required by this Rule if it (1) gives the affected contractor or subcontractor the option at said parry's own expense to either (i) obtain copies of all such evidence through a commercial copying service or (ii) inspect and copy such evidence at the office of the Enforcing Agency during normal business hours; or if (2) the Enforcing Agency at its own expense forwards copies of all such evidence to the affected contractor or subcontractor. (c) The evidence required to be provided under this Rule shall include the identity of witnesses whose testimony the Enforcing Agency intends to present, either in person at the hearing or by declaration or affidavit. This provision shall not be construed as requiring the Enforcing Agency to prepare or provide any separate listing of witnesses whose identities are disclosed within the written materials made available under subpart (a). (d) The Enforcing Agency shall make evidence available for review as speci tied in subparts (a) PS -09-10-16 124 through (c) within 20 days of its receipt of the Request for Review; provided that, this deadline may be extended by written request or agreement of the affected contractor or subcontractor. The Enforcing Agency's failure to make evidence available for review as required by Labor Code Section 1742(b) and this Rule, shall preclude the enforcing agency from introducing such evidence in proceedings before the Hearing officer or the Director. (e) This Rule shall not preclude the Enforcing Agency from relying upon or presenting any evidence first obtained after the initial disclosure of evidence under subparts (a) through (d), provided that, such evidence is promptly disclosed to the affected contractor or subcontractor. This Rule also shall not preclude the Enforcing Agency from presenting previously undisclosed evidence to rebut new or collateral claims raised by another party in the proceeding. In accordance with the above Rule, please be advised that the Labor Compliance Program's procedure for you to exercise your opportunity to review evidence is as follows: Within five calendar days of the date of this notice, please transmit the attached Request to Review Evidence to the following address: Attention: PS -09-10-16 125 Request to Review Evidence To: From: Regarding Notice of Withholding of Contract Payments Dated Our Case No.: The undersigned hereby requests an opportunity to review evidence to be utilized by the Labor Compliance Program at the hearing on the Request for Review. Phone No. Fax No.: PS -09-10-16 126 ATTACHMENT G PREVAILING WAGE HEARING REGULATIONS SEE CALIFORNIA CODE OF REGULATIONS TITLE 8, CHAPTER 8, SUBCHAPTER 6 (SECTIONS 17201 through 17270) P"9-10-16 127 ATTACHMENT H PS -09.10-16 128 Suggested Single Project Labor Compliance Review and Enforcement Report Norm [Appendix C follwAing 8 CCR §164341 Awarding Body; Project Name: Numc of Approved Labor Compliance Prognmi; Bid Advertisement Date: Acceptance MID: Notico of Completion Rocordation Dale: I. Contract Documents Contaitd»g Prevailing�t°agoRequiroments (Identifi+} Z Pmjob Confererwz;(s) — Anaeb list(5) of attendees and datus 3. Nofification to Projnct Woekers of l.:abor CompliancoProgram's Contact Person. (Explain [Manner of Notification liar each INoject work Site.) 4. Corlificd Payroll Record Reviow a. CPRS Reoci%cd From: ConI nctorF3ubcontraotar For weeks ondia - (`wie") tluouab wfo b. Classi5aatiotn identified in CPRS and applicable Prevailing Wage Determinations Classifroation Determination. No. 3.. Further investigation: or audit due to CPR recicw, information or complaintfiom worker or other interested person, or other reason: a, independent ConSnnation of CPR Data Worker Interviews Reconciled CPRswith Psy- ConlraetorlSnbcoet arra ,,, 'ANO,,,_ wrecksat Stubs (losiNu) b. Employer Payments (Health & Welfare; Pension, lacationlHolidoy) Confirmation Recipient of Written. confirmation ContractorlSubcontrawor Pronloyer Paymenrs. Obtained (Y*% A:o) C. Contributions .10California AppranricashipCouncil or Other Approvod Appmntin%hip Program Recipients of Written coniinnation Contractor'Subeontroctor Conttibuliom Obtained (YesiNo) PS -09.10-16 131 CL; Additional Rage Payments or Training Ilmd Contributions Resulting firm Review of CPR% QmlractmYSubcomractor Additional 'amounts Additional Ecpla- PaidtoWgrkers TraituneFutd Mliffl a r< i ' Use separatepage(s) for Y:cplanation G. Complaints Rot:nlved,Alleging Nuncompliattce with Prvwailing Wage Royuiremcmts. Name of Resolutionor. Complain aN Date Received. -Current Status a s *Use separate page(s) to explain resolution or current status 7. Reyucetsfor;Approval'ofForfzituretoi,.aborCaitumasioner L)atc ofRuiuest A f 8, 1.10gation Pending Under I.Aw Codc Section 1742 ContractoriSubcontractor DDR Cast; Number 9. (Chock one): .Final. reportthis prq*t Annual repurt this project Authorized Representative for Lahor Compliance Program Section III CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Implementation Plan PS -09-10.16 133 1< < Section III IMPLEMENTATION PLAN • Labor Compliance Officer or designee receives construction contract awards/work schedules from the Parks, Recreation and Community Services, Field Services and Engineering Departments. • Labor Compliance Officer or designee participates in job -start meeting. • Labor Compliance Officer provides site monitors with work schedules. • Site monitors, both City employees and others, conduct interviews and return interview sheets to Labor Compliance Officer. • Labor Compliance Officer or designee enters information from interviews into database. • Labor Compliance Officer or designee verifies information from certified payroll records. • Labor Compliance Officer notifies contractor in writing of any discrepancies with certified payroll records. • If clarification/correction is not received from the contractor within 10 days, Labor Compliance Officer will commence an investigation. • Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. • Labor Compliance Officer prepares and submits public works violation reports to Labor Commissioner as required. • Labor Compliance Officer communicates on a regular basis with contractors, workers, building and trade organizations, and other community entities and in-service management to City personnel. • Labor Compliance Officer prepares and submits annual program reports to the Santa Clarim City Council, and the Director of the Department of Industrial Relations. PS49-10.16 134 • Labor Compliance Officer manages all facets and is the primary contact for the City's Labor Compliance Program. • Labor Compliance Officer provides non -City site monitors with site visitation training and assigns projects when applicable. PS0940-16 135 Section IV CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Operational Manual SECTION IV OPERATION MANUAL Site Visitations Representatives of the Labor Compliance Program shall conduct in-person inspections at the site or sites at which the contract for public work is being performed ("On -Site Visits"). On -Site Visits may be undertaken randomly or as deemed necessary by Labor Compliance Program, but shall PS -09-10-16 136 contractors and subcontractors. 1. Safety is the paramount factor for any site visit to any City of Santa Clarita construction projects. Do not enter any area that appears unsafe. Site monitor is expected to exercise reasonable caution at all times. 2. All authorized personnel visiting any City of Santa Clarita construction site are required to be properly identified as a City representative by wearing visible picture ID's (badge), or identifying themselves as such. Additionally, all authorized personnel are required to wear hard hats and safety shoes. 3. Authorized personnel shall visit all sites on a non-interference basis and take a minimum amount of the workers' time for interview purposes. 4. Upon arrival at a site, the site monitor will check in at the site superintendent's (contractor's) trailer prior to any interviewing. In the event there is not a construction trailer, you will check in at the site's administrative office. Identify yourself and state the purpose of the visit. Sign in if required to do so. If the site superintendent cites some reason that denies access to the site, promptly and politely remove yourself. Make a note of this occurrence and include in your report to the LCO. 5. Check to see that the following are displayed in the contractor's trailer: • Prevailing wage Determinations are posted • Notice of Labor Compliance Program Approval • Sign -in Log • Listing of subcontractors on site If any of these items are not readily visible, remind the contractor that these postings are part of the contractual requirements. On subsequent visits, make sure that these items are posted, or the contractor will be found to be in noncompliance. 6. There will be times when the site superintendent is somewhere on the site and/or there is no contractor present in the trailer. You should check in at the City's Inspector of Record (IOR) trailer. The IOR will also be able to tell you which contractors are on the site at that time. If all trailers are empty or locked, try to locate the site superintendent or IOR on the site prior to commencing interviewing. Interviewine 1. Once you have checked in with the site superintendent and obtain access to the site, try to locate tradespersons working in clusters. For instance, several painters, electricians, roofers, etc. working in one area. Approach the workers individually in a non -threatening, professional manner. Identify yourself, indicate that you are City's representative, and that you need only a few seconds of their PS -09-10-10 137 time to ask some very generic questions to ensure that they are receiving the proper rate of pay for the type of work they are doing. Again, do not endanger yours or any tradesperson's safety in conducting these interviews. Do not insist that someone on a scaffold 40 feet in the air come down for an interview. Do not ask anyone to form a line until you can get to them; allow them to continue working until you can get to them individually. These interviews are random; two or three tradespersons for each subcontractor are more than sufficient for one visit. Any persons missed are usually picked up on the next visit. If only one tradesperson is at the site, then interview that person if possible. If you are told that the rest of the crew will be there in an hour, do not wait, unless your total site interviewing will take that length of time. Thirty minutes of interviewing per site is typically sufficient, depending upon the site size and/or number of subcontractors present. Contractor tradesperson should also be interviewed. 2. Using the Labor Compliance Site Visitation Interview form, ask each person the following: name, social security number, employer, title (trade), rate of pay, and task being performed at the time of interview. 3. Should someone decline to speak with you, respect those wishes. If someone asks if this is union - related, tell them no. The City of Santa Clarita works with both open and closed shop trades. 4. If you try to interview someone who does not speak English and you cannot communicate in the appropriate language, try to locate a coworker who can interpret for you. If you find an entire crew unable to speak English and no interpreter, include this in your report to the LCO. 5. If someone refuses to disclose his social security number to you, respect those wishes. However, assure that person that all information given is kept strictly confidential. 6. If someone does not know their rate of pay (most hadespersons don't know), ask for a guesstimate. If the response is, "whatever prevailing wage is", so indicate on the form. 7. If someone indicates that he is an apprentice, make sure that you ask him what period. These can be anywhere from 1" to 10'". If he's not sure, ask him how many years he's been apprenticed in the specific trade and/or to guesstimate and so indicate on the interview form. 8. ALWAYS thank them for their time. 9. Keep in mind that you are there to collect information only, do not tell them how to do their jobs. Should you witness what you consider a potentially unsafe or unwarranted condition, you are to contact the site inspector or job superintendent of your findings immediately and make a note on your site visitation log of what you observed. Upon your return to the office, report your findings to the LCO. Reporting 1. All original interview forms shall be submitted to the LCO no later than the end of each workweek. PS -09-10-16 138 Section V CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM OFFICE Procedures PS -09-10-16 139 SECTION V PROCEDURES Certified Payroll Verification Procedures 1. The Parks, Recreation and Community Services, Field Services and Engineering Departments will provide the Labor Compliance Officer with construction work schedules. 2. Upon receipt of weekly certified payroll reports from general/subcontractors, compare information from the Labor Compliance visitation log to the contractors certified payroll and the prevailing wage schedule. 3. Compare name and social security number with trade classification listed. 4. Ensure prevailing wage listed is correct for the classification listed using the prevailing wage schedule 5. Check for employment of apprentices, correct rate of pay, and proper ratio to journey workers. 6. Contact the contractor in writing and send by certified mail any inaccuracies in the verification of its certified payroll. 7. If clarification/correction is not received within ten (10) days from the contractor, the Labor Compliance Officer will commence an investigation. S. Upon completion of the investigation, a report will be sent to the Department of Industrial Relations with recommendations for penalties to be applied to the contractor. 9. Retain all original interview forms and annotate the database as applicable. Site Monitor Procedures 1. Receive construction site work schedule from Labor Compliance Officer. 2. Check in with site administrative office/site superintendent 3. Utilizing the Labor Compliance Site Visitation Interview form, conduct interviews with workers. 4. Note on your form any infractions you may observe while conducting the interview. 5. Return interview form to the Labor Compliance Officer. 6'. Report any infractions you observed to the Labor Compliance Officer. PS -09-10-16 140 Section VI CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM MTT P"9.10.16 141 PS -09-10-16 142 PUSUC WORKS CONTRACT AWARD 1NFORKATiON Ct:tmawmM irdcrtraf'tom must be ar11is yiax AppiwileestlP vCt rffteti dyou are 3pPrmved in 1`1111!.: r y7ii Webut aypruyttl IQ tWn.. pea min sarwMerrNmritdtsmIw'hicmmey" fix fusea)toAIA,zppo*o'lyaraturrr"1dpCarvri m.inymurrntt,triradc.alplcampd'ties". 0 tr a Pktp: WO1k. UO 10 t'V:lMtWW,dT.SR QOvi i PUd GK4Yk6F0.Mi6.r Unto! Mrdra1 ahan eGOJI 9TOQ ws :ft vewr Me* and UPde Voi irml ws0'em" Your lb& ayworerf. Appr94frEaaltlp 81a w"t PASI of icewltra3x televtccr(e mluntxr mej birluddd iN qou W.?J di a=Q Uid6' A aftru: Stsiv or, lndustnal ROWIz til. OR1tn0R Of AWWWOW P %priftnic Do not send this "form to the Dwision of Apprenticeship Standards, Ri rn VTIN avpi it Y.l'nt rye F4:'X b 4 rX,kif ' v Weiktid.�"tl pRAt4f?i{E;,A1:;11t RA "#;�IXR{-k9FFY.4'fiP Iaat�6,rRsi:: ttF5f2Aetidl UP1W I MIT•'CH!CrECfiCr YlydlttrSk IFie (4.21 }.'Y',O WNR4A'*0 <?'0;Or,,Aw' '.Y4 Kwtw r>fAxft>;` ?EWA,rj l+.rT.Pof sx nM V,'Awc1."{Nd.p PF jy P': i84 r�.�.�£�NY„2i: .:drl:i�tt[if. [S. d^4jAI ..+@. + NQS??a'IKr SaFs' 10�1'itHl?RX:. This is not 8 !quest for tftpatch Of apprentices. Carlaeb raerw3trriaka ib&0 aroAco"iia• amvwd4k wrcfn.:0 Wieto*(XV *Itt-St-C =Zja rt'At C:%0 r,tia Ct:V 0FR11gu4ttwn& Check One Of The Boxes Belbw t. 4'* *o .aotldY UMMd to Erin *pplectits b9 tPie APplenlloeahip-C.:x`TIr12Iee. VSA will eMpipY ;,SKr train ±rr W their SS i)ndard: wow 1:we a 0; cummi¢aa V*.iVRt mmrAy wipe the simians$: or Ap.ftTdiceshipCccnmdaafor the .auratlon-of this job, only. Enter AMC oftheCt kiae 3 ❑ V&W4 amiployand train apprentices in accordance with the Caldconim ApprenMeatiap Craunctreguiatian5, duding t X301 lo) whk:h acquires that apprenboes arpluyed on public prciess can any be as gmid to Wg rorw work lithe Cyafl. of trade to which lire appr'oifte eF res;t.stcrcw and C 7. thio apprenlows r"kdt at zP tlnxrs work with Of wpaw the, d"m $yy-'+tjsivl or jwTn"r-lowmen. a"JQl&d $e Typs614rmx 7i'e State Of Califdme-Oagartrrrerd Of IAduetual Rolmlonu LIM MON ..a: tc,ufv: txYi OPAPFRENrIM 1 MANDARM is -u9-00-16 D016 140 Department of Industrial Relations P.O. Bo 420603 San Francisco, CA 94142 Please use a separate form for each jobsite, listing the occupations for the jobsite. One check, payable to the California Apprenticeship Council, may be submitted for all jobsites and/or occupations. Training fund contributions are not accepted by the California Apprentice Council for federal public works projects, or for non-apprenticable occupations such as laborers, utility technicians, teamsters, etc. TRAINING FUND CONTRIBUTIONS California Apprenticeship Council Name and Address of Contractor/Subcontractor making Contribution Contractor's License Number Contract or Project Number Name and Address of Public Agency Awarding Contract Jobsite Location (including County) Period Covered by Contribution PS -09-10116 144 Signature jDate ,-It PS -09-10-16 145 CITY OF SANTA CLARITA CONTRACTOR FRINGE BENEFIT STATEMENT Contract Number/ Name: Contract Location: Today's Date: Contractor / Subcontractor Name: Business Address: In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees on the various classes of work are tabulated below. Classification: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: F— Welfare Address: FL LU Pension $ PAID TO: Name: z Address: w Vacation/ $ PAID TO: Name: (D Holiday Address: z x Training $ PAID TO: Name: u - and/or Other Address: - mays' .:.-1:,"!cx::Y^'d3'si3i':'�:: � .. � � OFF �' �� 1 z� __ m.....a:'vT FR 4 5 i � . z5 -ax Classification: Effective Date: Subsistence or Travel Pay: $ Health & $ PAID TO: Name: U) H Welfare Address: 7L W Pension $ PAID TO: Name: z Address: W M W Vacation/ $ PAID TO: Name: Holiday Address: Z C� Training $ PAID TO: Name: LL And/or Other Address: _ i Classification: Effective Date. Subsistence or Travel Pay: $ Health & $ PAID TO: Name: U) Welfare Address: W Pension $ PAID TO: Name: z W Address: 00 w Vacation/ $ PAID TO: Name. Holiday Address: z of LL 77 -UV -10-i6 146 Training $:::J PAID TO: Name: And/or Other Address: Supplemental statements must be submitted during the progress of work should a change in rate of any of the dassifications be made. Name/ Ps -N-10-16 147 Name of Contractor: ABC Lighting Company or Subcontractor. Business Address: 123 Main Street Santa Clanta Ca 92222 Contractor's License#: 00-111-2222 Worker's Compensation Policy# 99-888-77 Hours Worked Each Day S = Straight TimeO - Overtime SDI= State Disability Insurance Da &Date *Other =Any other deductions, mntdbugons and/or payrnents whether or not included or Y required by prevailing wage detennnations must be separately listed. Employee's Name, Address and vewwithholding WO* m vv in r s s Social Security Number exenEuona I Classification John Smith 4445 lh Avenue Santa Clarita CA 92111 Juan Gomez 1212 Main Street Santa Clarita, CA 95555 S-4 j Fixture Cleaner Tax Total Houyrl� Rata�of Pay (Gross Amount Earned educ o s, Contributions and Payments Net W es Paid for Week:-5heck 12346 "' ' "'rel"`. 184.00 I FICA Soc Sec Slate Tax 11 Projects: 725.00 Pension Training t Wa es id fo eek: 168.63 heck 1234 Penni r fining nd Admin Dues Travel/ Savings Othef Tol Dedur 1.34 3.36 1 1 1 1 15.37 1 Total Fours Rate of Rav Gross Amount Earned an --- - his Project: 480.00 ICProjects: 936.00 educ o s, Contributions and Payments Net W es Paid for Week:-5heck 12346 are F@feml Tax I FICA Soc Sec Slate Tax SDI Vacation oliday Pension Training Fund Dues Travel/ Savings Other' Total Deductio 29.00 1 36.72 1.34 3.36 1 1 1 1 1 1 1 1 1 70.42 Total Hours I Rate of Pav Projects: PS -09-10-16 1 148 '' eductions, contributions and Payments I INet Wages Paid for Week: I Iheck Federal Tax I FICA Isocsec State Tax I SDI IHoliday V I Mlion Health & Welfare Pension Training Fund Admin Dues Travel/ is Savings Other' Total Deductio I, Mary Jones the undersigned, am Payroll Clerk with the authority to act for and on behalf of ABC Lighting , certify under (Name — print) (position of business) (name of business and/or contractor) penalty of perjury that the records or copies thereof submitted and consisting of 1 are the originals or true, full, and correct copies of the originals (description, no. of pages) which depict the payroll record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or individuals named. Date: 6/3=0. Signature 1 - Page, -1 of PS -09-10-16 149 I Celrfomia (Reduced by City of Santa Clanta) I I R IRGoBlatiDlu �;� of Indumeat ns PUBLIC WORKS PAYROLL REPORTING FORM Page w NAMEOFCONTRACTOR CONTRACTORS UCENSE # ADDRESS OR SUB CONTRACTOR SPECIALTY LICENSE # PAYROLL NO. FOR WEEK ENDING SELF-INSURED CERTIFICATE# WOR KERS' COMPENSATION POLICY# PROJECT OR CONTRACT NO. PROJECT AND LOCATION (1) NAME, ADDRESS AND SOCIAL SECURITY NUMBER OF EMKPYEE (2) I (3) N H EI WORK O O %I CLASSIFICATION L E o D MI TH F I PI w N TII O OI H H S 1 (s) TOTAL HOURS (B) HOURLY RATE OF PAY �) GROSS AMOUNT EARNED (S) DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS IB) (al Dav M r w F s s NET WOS PAID WEEKEK C No. NO. Gets Houea Wo"d Eads Dav I I I s THIS ROJECT ALL PROJECTS FED TAX FICA (SOOSEC) sipiE TAY VAc` Hot. HEALTH aLM19F PENSION ' G i FIMD ADMIN of TRVI SUBS SAVINGS OTtER' UCT101K I I I s THIS PROJECT ALL PROJECTS FED TAX FIG (SOC SED) ATE TAX ed VAtl HOL aV�HF oN O T"Na FWD ADMIN DUES mi SUBS zRAIslasOVER• TOTK ULTgN4 I I I I I S THIS PROJECT ALL PROJECTS Fm Tm FIG MCC -Sc) STATE TAX S9- VAG HOL HEALTH awes PENSWN O TPo m FIRU ADMIN 5313 TRV SUBS SA MS OTHER' TOTALOED. Mims S I I O i THIS PROJECT ALL PROJECTS FED TAY NG (soc sEG) STAYE TAX SO VAC/ IOL HEALTH awELF PENSION TPMING F1M0 ADMN ODES TRV( 61835 BAVINOS OTffR• T Ai- UOFIONS PS -09.10-16 150 Form 1-131 (New2-e0) 5 = StrztSm rime *OTHER -Any other deductions, contributions and/or payment whether or not included or required by prevailing CERTIFICATION must be completed (form Was Ween me.oaa to Po page) 0-QvelMme wage determinations mull be separately listed. Use eMra sheet rf necessary SDI - SWIe t)..0 ty Inwrence I• the undersigned, am (Name- Print) (position with business) cethty, under penalty of perjury lhat the records or copies thereof submitted and consisting of with the authority to act for and on behalf of (name of business and/or contractor) are the originals or true, full and correct copies of the originals which depict the payroll (description, no. of pages) record(s) of the actual disbursements by way of cash, check, or whatever form to the i cmdual or individuals named. Date: Signature'. A public entity may require a more strict ancifor more extensive form of certification. PS -09-10-16 151 GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: 9 CARPENTER DETERMINATION: SD -23-31.4-2000.1 ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: June 30, 2000•• The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for speck rates at (415)703.4774. LOCALITY. All localities within Contra Costa County ISSUE DATE: FEBRU 22, 2000 EXPIRATION DATE F D AT the Division of Labor StatiLitticos LOCALITY: All ImalCl at by a new determination issued by the Director of Industrial Relations. Contact 10 days from the expiration date, if no subsequent determination is issued. Employer Pavmeats Emmlover Payments Straight -Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation/ Training Hours Total Daily Saturday. Sunday (JOURNEYPERSON) Hourly and and Holiday Hourly Hourly and and Rate Welfare Rate Welfare Rate 112X 112X Holiday Rate I 12X 1 MX Holiday ENGINEERING CONSTRUCTION 49.355 49.355 64.13 Teravn Finisher 23.05 2.30 1.01 1.72 b - 8 28.08 Carpenter(Heavy and 39.605 51.13 Highway work) $25.25 2.30 1.01 2.72 b .30 8 31.58 44.205 44.205 56.83 Light Commercial 20.40 2.30 1.01 2.72 b .30 8 26.73 36.93 36.93 47.13 Bridge Carpenter t (Highway work) 25.38 2.30 101 2.72 b .30 8 31.71 44. 44.40 57.09 Millwright 25.75 2.30. LOt 2.72 b .30 8 32.08 .955 44.955 57.83 Pile Driver 25.38 2.30 1.01 2.72b .30 8 31.71 44. 44.40 57,09 Diver, Wet (up to 50 B. depth)cd 55.76 2.30 1.01 2.72 b .30 8 62.09 89. .97 117.85 Diver, Standby 28.38 2.30 1.01 2.72 b .30 8 34.71 48.90 48 63.09 Diver's Tmdv 27.38 2.301.012.72 b .30 8 33.7147.40 47.40 61.09 DETERMINATION: SD -23 -31 -4 -2000 -IA ISSUE DATE: February 22, 2000 /\ EXPIRATION DATE OF DETERMINATION: July 1, 2000** The rate to be pa' wo perfoignad after s has tern' ork will extend past this date, the new rate must be paid and should be incorporated in contracts entered into n w. Con th Division of r Stati 'cs and Re It for specific rates at (415) 703-4774. LOCALITY: All localities within Santa Clarita County BUILDING CONSTRUCTION Carpenter $23,40 301. 1 b . 0 8 29.18 40.88 40.88 52.58 Light Commercial 18.72 2. 0 1. 2 1 8 24.50 33.86 33.86 43.22 ISSUE DATE: FEBRU 22, 2000 EXPIRATION DATE F D AT the Division of Labor StatiLitticos LOCALITY: All ImalCl at by a new determination issued by the Director of Industrial Relations. Contact 10 days from the expiration date, if no subsequent determination is issued. M Indicates an appremicesble craft Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules.. Saturday in the same workweek may be worked at straight -time rate for the first 8 hours if the employee was unable to complete the 40 hours during the annual workiveek. b Awiudes supplemental dues.. Shall receive a minimum of 8 hours pay for any day or part thereof. d For specific rates over 50 ft depth, contact the Division of Labor Statistics and Research. DESCRIPTION: Engineering Construction Refers to construction which requires a Class A license and includes bridges, highways, dams and also power plants acid other heavy industrial type projects. Building Construction Requires a Class B license and includes non-residential buildings (such w hospitals, government buildings, public schools) and commercial buildings (with the exception of industrial buildings). RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaming agreement, applicable to bre particular crag classification, or type of worker employed on the project, which is on file with the Director of industrial Relations. If the prevailing rate is not based on a collectively bargained rate, die holidays upon which die prevailing rate shall be paid shall be as provided m Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at htti)://www.dir.ca. goo/DILSEVEArD Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703-4774. PS -09-10-16 152 \-/ " Emmlover Payments StrAPAI;Tilue Overtime Hourly Rate classification Bilafe Health Pension Vacation/ Training Hours Total Daily Saturday. Sunday (Joumeyperson) curly and Holiday - Hourly and Rate Welfare Rate 112X 112X Holiday Ter = Installer $29.55 2.30 1.01 1.72 b - 8 34.58 49.355 49.355 64.13 Teravn Finisher 23.05 2.30 1.01 1.72 b - 8 28.08 39.605 39.605 51.13 M Indicates an appremicesble craft Rates for apprentices are available in the General Prevailing Wage Apprentice Schedules.. Saturday in the same workweek may be worked at straight -time rate for the first 8 hours if the employee was unable to complete the 40 hours during the annual workiveek. b Awiudes supplemental dues.. Shall receive a minimum of 8 hours pay for any day or part thereof. d For specific rates over 50 ft depth, contact the Division of Labor Statistics and Research. DESCRIPTION: Engineering Construction Refers to construction which requires a Class A license and includes bridges, highways, dams and also power plants acid other heavy industrial type projects. Building Construction Requires a Class B license and includes non-residential buildings (such w hospitals, government buildings, public schools) and commercial buildings (with the exception of industrial buildings). RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaming agreement, applicable to bre particular crag classification, or type of worker employed on the project, which is on file with the Director of industrial Relations. If the prevailing rate is not based on a collectively bargained rate, die holidays upon which die prevailing rate shall be paid shall be as provided m Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at htti)://www.dir.ca. goo/DILSEVEArD Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for each craft, classification or type of worker may be obtained from the Prevailing Wage Unit at (415) 703-4774. PS -09-10-16 152 CITY OF SANTA CLARITA LABOR COMPLIANCE SITE VISITATION INTERVIEW FORM FORMA DE INTREVISTA DEL SITIO SOBRE CONDECENCIA LABORARIA SITE NAME: SITIO: PROJECT NAM CONTRACT #: CONTRACTOR CONTRANTE: DATE FECHA: Interior/ Exterior (circle) SUBCONTRACTOR: SUBCONTRATANTE ti Person Interviewed: Nombre de Persona Entrevistada S/S Number / / Numero de Seguro Social Position Title: Possion O Titulo del Entrevistado Task Being Performed at Time of This Interview: Clase de Labor Desenpenando al Tiempo de Entrevista Hourly Pay Rate: $ Salario Horario .Y %i.v %�:fi ./'.r Yr .: '.r..v^✓<.> ':1:.. ...(V r..:':yr rr.:i:.r. .:-:Y\WWY uR:'%l . w1Y b.Y!C{q:P.4 M1?YrtKMaYY F l-kxa:y.v%/..x +:YPNYYI n:F.k...s .I lv OBSERVATIONS: Site Inspector: Telephone Project Superintendent: T Telephone Total number of workers observed on the visit: Type of work observed: Type of workers observed: Was the worker believable? Yes No Did the superintendent or foreman accompany you on the site? Yes No Explain additional information received from the worker: Interview Conducted by: SITE VISITATION LOG CITY OF SANTA CLARITA July 21, 2000 y Certified Mail Mr. John Doe ACME Painting m 13414 Labor Street Los Angeles, CA 90605 Dear Mr. Doe: The City of Santa Clarita has identified your firm as the apparent low bidder for Contract #90-225 Portable Contract Moving Services and has scheduled board approval of a contract requiring your compliance with Division 2 Part 7 of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the certified weekly payroll to the LCO. The Labor Code requires, prior to the start of work, that a person qualified to certify documents for your firm attend a review meeting with the awarding body concerning the Labor Code prevailing wage laws. The LCO is formally requesting the appearance of the certifying person for the code review, the submittal of the required weekly certified payroll records or nonperformance reports, and the monthly submittal of employment utilization reports, all identified in the contract general conditions. This request is made pursuant V, and authorized by, California State Labor Code Section 1776(b) (2), which states, "A certified dblpy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations" and California Code of Regulations Section 16430 (a) (2). The goal of the LCO is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the City of Santa Clarita's Labor Compliance Officer at (661) 286-4025 to set an appointment and receive the necessary forms prior to the start of your project Respectfully, Harry Corder Labor Compliance Officer t�M.1 CITY OF SANTA CLARITA July 27, 2000 Jane Doe ACME Flooring 8320 Camino Santa Fe Santa Clarita, CA 92121 Dear Ms. Doe: Certified Mail S�ampte Post Award Letter The City of Santa Clarita has awarded your firm a contract requiring your compliance with Part 7, chapter I of the California Labor Code. This will require the payment of prevailing wages to all workers employed on the project and the reporting of the weekly payroll to the City's Labor Compliance Officer. The Labor Code requires, prior to the start of work, that a person qualified to sign and certify for your firm attend a review with the awarding body of the Labor Code prevailing wage laws. The Labor Compliance Officer goal is to provide the necessary information, assistance, forms and procedures to allow your project to move forward on schedule and in compliance with the State's Labor Code. Please call the City of Santa Clarita's Labor Compliance Officer at (661) 286-4025 to set an appointment and receive the necessary forms prior to the start of your project. Respectfully, Harry Corder Labor Compliance Officer CITY OF SANTA CLARITA March 23, 2000 John Doe ACME Construction Co. 3170 Labor Street Vista, CA 92083-8318 Mr. Doe: Certified Mail mp/e 1'st Request fo-r Cer, trifled Payro//'s The City of Santa Clarita's Labor Compliance Officer is formally requesting copies of Certified Payroll Records and Monthly Utilization Reports for the modernization of Cubberly, Jones and Fletcher schools. We are requesting the records from the beginning of the project through project completion for your firm and all subcontractors. This request is made pursuant to, and authorized by, California State Labor Code Section 1776 (b) (2) and Section 1776 (g) (3) and the contract general conditions requiring weekly employee payments and weekly certified payroll submittals. Labor Code Section 1776 (b) (2) states: "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or famished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations." Labor Code 1776 (g) (3) states: "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated." Please forward all weekly Certified Payroll Records and Monthly Utilization Reports and state approved forms previously provided to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 286-4025. 11 Respectfully, Harry Corder Labor Compliance Officer Prime Contractor: Project: Original Request: 02/08/00 This Request: 02/08/00 Monthly Utilization Forms must be provided for: 2. Apprenticeship Training Agreement (similar to Form DAS 1) must be provided for: 3. Apprenticeship Training Agreement (similar to Form DAS 7) must be provided for: 4. Training Fund Contributions (Form CAC 2 or equivalent) must be provided for: 5. Public Works Contract Award Information (Form DAS 140) with the name, address and phone number of the training program notified by all project contractors must be provided for: Fringe Benefits Statements must be provided for: 7. Signed certified Payroll report or statement of Non -Performance with original signatures must be provided for: Contractors are responsible for submittal of their payrolls and those of their respective subcontractors as one package, which must be in the City's Labor Compliance Officer within one week of each weekly paycheck. In the event there has been no work performed during a given week, the certified payroll record shall be annotated with the words "No Work" for that week. 8. To determine the required hours for apprentices on this project we will need the contractor to Identify all sub -contractors who will perform work in involving less than $30,000 or who will be on the project less than 20 calendar days or both. Either the Public Works Payroll Reporting Form (Form A-1-131) or the City of Santa Clarita reporting form must be used. is ngOCLJif7en : dist CITY OF SANTA CLARITA March 1, 2000 Mr. Doe ACME Construction Co. 115 Market Place, Suite A Los Angeles, CA 92029-1353 Dear Mr. Doe: Certified Mail S�ample� C.ertifiedlPayroll°Cor,�;ection Le,tt;er The City of Santa Clarites Labor Compliance Officer has formally requested copies of Certified Payroll Records and Monthly Utilization Reports.for Bid Project Portable Contract 82 -Phase 2. We have reviewed your submittal and require additional information. This new request is made pursuant to, and authorized by, California State Labor Code Sections 1774, 1775, 1776, 1777.5, 1777.7, 1810,1813 and 1815. Additionally, the contract general conditions require weekly certified payroll record submittals to the City of Santa Clarita's Labor Compliance Officer and weekly payment of employee wages. Labor Code § 1776 (b) (2) states: "A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations." Labor Code § 1776 (g) states: "The contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the contractor must comply with this section. In the event that the contractor fails to comply within the 10 -day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portions thereof, for each worker, until strict compliance is effectuated." Please correct and supply the data requested in the attachments and submit on approved forms to: City of Santa Clarita, Labor Compliance Officer, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355-2196. If you have any questions, contact me at (661) 2864025. Respectfully, Harry Corder Labor Compliance Officer Enc. (2) sa CITY OF SANTA CLARITA Report of Action for Prevailing Wage Violations Name of Project: Contract Number: First Advertised Date: County Where Work Is Performed: Date Notice of Completion Filed: Date of Project Acceptance or Current Percent Complete: Name and Address of Prime Contractor: Project's Scope of Work: Contractors in Violation of the Labor Code and their Scope of Work: Statement of the Issues Identified to the Contractor: Summary of the Audit Investigation: CPR Spread Sheets Labor Code Sections Violated: Summary of Penalty Assessment Justification: Identify Labor Code 1775 and 1813 Penalties Requested with Calculated Totals: Is the Violation Due to Mistake, Inadvertence or is it a Willful Failure to Pay the Correct Wages: Previous Record in Meeting Prevailing Wage Obligations: Identify and Provide All Correspondence: Identify and Provide Any Contractor Response: Recommend Penalty Assessment: ADDENDUM #1 For City of Santa Clarita Invitation to Bid PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES April 5, 2010 This addendum must be included with the bid response. If you have already submitted a bid you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact the Purchasing Department by fax and request the bid be returned. The fax number is (661) 286-4186. 1. I would like to know who currently holds the tree maintenance contract and what are the prices they are charging for each service they provided your City. I would like the same information on your landscape project. A. United Pacific Services has the Urban Forestry contract and Stay Green has the LMD contract. Please note that significant changes have been made to the specifications for the current bid and caution should be used when making comparisons. See attached for cost breakdown. 2. Please provide me with the annual budget for the project of Landscape Maintenance (Bid # PS - 09 -10-16). A. The proposed budget for Landscape Maintenance District is $543,350 and Urban Forestry Is $525,000. Contractor's Signature Company Name PS-09.10.16add1 Date BID SCHEDULE FOR CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICTS TREE PRUNING PS -06-07-05 Cost to prune the following size trees regardless of species to the specifications outlined in section 3-02 in the City Right of Way (parkways & medians). The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter or that number of trees wiff be pruned. The low bid will be determined with the contractor's pricing for the tree pruning section and the estimated number of trees in each diameter. A. $ �l (400) 0" — 3" DBH cost per.tree B. $ —1.6-0, 1(250) 3" — 6" DBH cost per tree C. $ qVo (250) 6" —12"DBH cost per tree D. (250) 12" —18" DBH cost per tree E. $ aD .(500) 18" — 24".DBH cost per tree ` F. $ 1 , (500) 24" _ 30" DBH cost per tree G. $ Aq.I• (550) 30" — 36" DBH cost per tree H. $ 3gr)• ub (250) 36" —42" DBH cost per tree $ oo (100) 42" up DBH cost per tree SUBTOTAL $, q% �OD •0�1 Cost to prune the following size trees regardless of species to the specifications outlined in section 3-02 located on slopes. A. $ 13. 0Q (400) 0" — 3" DBH cost per tree B. (250) 3" — 6" DBH cost per tree . C. . vo (250) 6" -= 12"DBH cost per tree D. $ gq. 00 (250) 12" —18" DBH cost per tree PS -06-07.05 E. $ I Q� . 00 (500) 18" - 24""; DBH cost per tree VI F. $ �� . 00 (500) 24"- 30" DBH cost per tree G. $ a5� , "e (550) 30'- 36" DBH cost per tree H. $_ q oq , oo (250) 36"-42" DBH cost per tree 1. $_ 613-00 (100) 42" up DBH cost per tree SUBTOTAL $ H q Cost to prune the following size trees regardless of species to the specifications outlined in section 3-02 located in Paseos. A. s----, , - (400) 0" - 3" DBH cost per tree B. $ 1(4' oo (250) 3" - 6" DBH cost per tree C. $ q. m (250)' 6"-12"DBH cost per tree D. $ 7$ ud (250) 12" -18" DBH cost per tree E. $ I Qi J: 00 (500) 18" - 24" DBH cost per tree K $ '(g I - 00 (500) 24"- 30" DBH cost per tree G. $ 232 .00 (550) 30" - 36" DBH cost per tree H. $ 3(0 2 , 00 (250) 36" -42" DBH cost per tree 1. $ 51(o, vu (100) 42" up DBH cost per tree SUBTOTAL. $qq�o, �5O o0 GRAND TOTAL for City Right of Way (parkways & medians), slopes and Paseos: $ ' 21 I 00 PS -06-M5 6 TREE REMOVALS Cost to remove the following size trees'and stump regardless of species in the City Right of Way (parkways & medians). { B. $ I b 00 E. $ g g Oc On- 3" DBH cost per tree 18" - 24" DBH cost per tree 171 Uo 00 B. $ 3" - 6" DBH cost per tree 00 6"- 12"DBH cost per tree D. 14M.00 12"- 18" DBH cost per tree F.$ 1 1 4, 24"- 30" DBH cost per tree G.. $_ I I ll/Oa co 30" - 36" DBH cost per tree H. $_ 61, O30. 110 36" -42" DBH cost per tree i. $ o?, L457,00 42" up DBH cost per tree Cost to remove the following size trees and stump regardless of species A. $ 0" - 3" DBH cost per tree B. $ 3" - 6" DBH cost per tree C. $ 6"-12"DBH.cost per tree D. $- 12" - 18" _12"-18" PS -M -N-05 per tree E. 11 DBH cost per tree F. $ 24" - 30" DBH cost per tree G. $ 30" - 36" DBH cost per tree H. $ 36" -42" DBH cost per tree I. $ 42" up DBH cost per tree ..a10 de.Ad u:rv, Po , %A Cost to remove the following size trees and stump regardless of species located in Paseos. A. $ j(n 00 0" — 3" DBH cost per tree B. $ _ 2(0," 3" — 6" DBH cost per tree C. $ 0 00 6" —12"DBH cost per tree D. $ Z S LL aa. . 12" —18" DBH cost per tree E. $. 65$',* 18"-24" DBH cost per tree F. /; p3 0 $ `1 1 24" — 30" DBH cost per tree G. $ 1118(o. 00 30" — 36" DBH cost per tree H. $ 1 5 Cl q. 00 36"-,42" DBH cost per tree I. $ Z DH." 42" up DBH cost per EMERGENCY CALL PRICING After hour and emergency call out price per hour for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified gt �✓✓a � b'emiV*' 'mm'ers/ Certified Tree Workers, two (2) grounds persons; p to incua`e two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacitytruck (minimum # of cubic yards), one (1) large self feeding large diameter chipper, one (1)1 -ton utility box pick-up truck, one hydraulic stump grinder, sufficient chain saws for trimming and large removals. $ 3q0 •" Price per hour $ 1Z Mobilization charge PS -06 -mos After hour and emergency call out price per hour for four -man crew and equipment that meets the following requirements: A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks (heights to be determined either 2 large or 1 med and 1 large), one (1) mad or large capacity dump truck, one (1) self feeding large diameter chipper, one (1)1—tori utility box pick-up tNok, one (1) hydraulic stump grinder and sufficient chain saws for trimming and large removals, $ 312.vo Price per hour $ Z Mobilization charge After hour and emergency call out price per hour for three-man crew and equipment that meets the following requirements: A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist,•one (1) climber/ fimnl`r,— Certified Tree Worker, one (1) grounds man; equipment to Include one (1) flat bed bucket truck minimum height of 55-60 feet tall, one (1) large capactt�dun p nj,ck obi ).,s 4,'&ip .0g:IW.@e diameter chipper, one (1) 1 -ton utility box wpis%p�tr�ic• monie�(1� 3�}rauUo s;tulnp grinder $ �3q,no Price per hour $_ Z Mobilization charge M06-07-05 m N 81D SCHEDULE FOR CITY OF SANTA CLARITA , COMPREHENSIVE TREE TRIM AND PLANT CONTRACT UR13AN FORESTRY DIVISOR JANUARY 1, 2007BTDHRRO -06- H DECEMBER04 31, 2007 SANTA CLARITA, CALIFORNIA -PRU ING cificatlons outlined in Cost to prune.thefollowing size trees regardless of species to the spa section 3-02. The number in parentheses is an estimated number or trees for each diameter. itis not a The low bid Wit be determined guarantee there will be that number of trees in each diameter. section and the estimated number of trees In with the contractor's priging for the tree pruning each diameter. $ 15.00 (1700) E. $ 165.00 (750) 18"-240 DBH cost per tree 0" - 3' DBH cost per tree B. $ 51.00 (2000) F. $ 175.00 (500) 240- 30" DBH cost pertree 3"- 6" DBH cost pertree C. 87.00 (2000) G. $ 195.00 _ (250) ; 30"- 36" DBH cost per tree, 6° 12'DBH cost per tree D. $ 125.00 (1500) H, $ 275 .00' (250) 36"-42" DBH cost per tree 12"-18"DBH cost per tree 1. $ 275.00 (50) 42" up DBH cost per tree Pruning Total $-8-19 1011) �-00 REMOVALS Cost to remove tree including stump regardless or species. 75 00 E $' 875.0D A $ 8".- 24" DBH cost per tree , 0" r-31 DBH cost pertree B•$ 150.00 3'-6- DBH cost per tree ' C.$ 275.00 6" -12°DBH cost per tree D.$ 575.00 12" -18" DBH cost per tree F, $ 975.00 24"- 30" DBH cost per tree 30" - 36' DBH cost per tree H•$ 1,175.00 36"-42" DBH cost per tree $ 1,275.00 42" up DHB cost per tree � ' a r .l BIO SCHEDULE FOR CITY OF SANTA CLARITA COMPREHENSIVE TREE TRIM AND PLANT CONTRACT JANUARY 1,, 2007 TljH OUCH D0 EMBER 31, 2007 BID SANTA CLARITA, CALIFORNIA EMERGENCY CALL PRICING Emergency call out price per hour for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (1) supervisor 1 climber / trimmer - Certified Arborist, two (2) climbers 1 trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to Include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacfty Wok (minimum ofcubic prick up truck, one)hydraulic stump grinderf feeding s, sufficient ter chipper, one (1) utility chain saws for trimming and large removals. 375.00 Price per hour $ 500.00 Mobilization charge After hour and emergency call out price per hour for four -man crew and equipment that meets the following requirements: A four (4) person crew to consist of one (1) supervisor / trim r -per; if soded equ porist'ment o) c 2 large or limbers / trimmers- Certified Tree Workers, one (1) grounds to include two (2) flat bed bucket trucks (heights to d be detteu kinoedeeith self feeding I mid and 1 large), one (1) mid o[ large capacity p diameter chipper, one, (1) 1 -ton utility. box .pick-up VUGk, .one (1) hydraulic stump grinder and sufi cierit chain saws for trlmmJng and large removals g 300.00 Price per hour $ 400.00 Mobilization charge r After hour and emergency call out price per hour for three-man crew and equipment that meets. the following requirements: . A three (3) person crew to consist of one (1) supeMsor / trimmer / climber — Cerr'fiied '4Arborlst, one .(1) climber / trimmer -- Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck minimum height of 55-60 feet tall, one (1) large capacity dump truck, one (1) self feeding large diameter chipper, one (1)1 -ton utility box pick-up truck, one (1) hydraulic stump 'grinder. $ 225-00 Price per hour $ 300.00 Mobilization charge Price for Screened Mulch as outlined in section 3-10 7r Up to •500 yards price per yard $ 20.00 5o0 to 1000yardsprice per yard $ 19.00 1 000 yards and upprice per yard $ 18.00 Price for street tree planting as ouilined in section 3-11. The City of Santa Clarity will provide trees, root barriers, tree stakes and ties. Price to plant with root barrier Price to plant without root barrier Size Size 15 gal $ 110.00 15921 24'box $ 210.00 24" box $ 195.00 325.00 36" box $ '2 95.00 36" box $;-r--. • — R00T PRUNING �` Street tree root pruning by hand digging without root barrier 12" barrier $8. 00 Perfoot Street tree root pruning by hand digging without root barrier 180 barrier $ IO.OD per foot Street tree root pruning by hand digging with root barrier 12" barrier $ 10.00 per foot Street tre., root pruning by hand digging with root barrier 12" barrier $ 12.00 per foot The City of Santa Cladta will provide root barriers. Price for Extra Work as outlined In section 3-09. EXTRA WORK PERSONNEL HOURLY RATES NORMAL WORK HOURSAFTER HOURS PERSONNEL CerfiFled Arbor(st Hourly Rate 7_5.00 Hourly Rate 95.00 65:00 Hourly Rate 75.00 Certified Tree Worker Hourly Rate 60.00 Hourly Rate _-0 0 Journeyman Trimmer Hourly Rate Rate -LO 55.0D Hourly Rate Apprentice Trimmer Hourly Rete 5`_ Hourly Rate 60.00 Grounds Person Hourly 0- 60.00 Tractorl Clamloader Operator Rate Hourly 50.00 Hourlourly y Rate 6D .00 Truck Driver • Rate 65.00 Hourly Rate 75.00 Irrigation Tech Hourly Rate 4?.0o Hourly Rate 55.00 Irrigation Laborer Hourly Rate Rate 65.00 Hourly Rate 75 -00 Supervisor Hourly Rate .00 Hourly Rate $ 605.00 Foreman Hourly 75.00 Hourly Rate Consulting Arborist Hourly Rate Rate 65-0o Hourly Rate -EO.00 PCA Advisor Hourly 40,00 Hourly Rate Laborer with. Hand Tools Hourly Rate 5 Rate 65.00 Laborer with Trencher Hourly Rate -Hourly 45.00 Hourly Rate 55.00 Laborer with Weed Whippers Hourly Rate 45.00 Hourly Rate Laborer with HD Weed Equip; Hourly Rate 55 Hourly Rate 65.00 i Plant and Health Care Consultant' Hourly Rate -_36. •�� 65.00 5 Rate Plant and Health Care Tech Hourly Rate _Hourly HOURLY RATES FOR EXTRA WORK EQUIPMENT Aerial Tower/BucketTruck 50-60' Hourly Rate 125.00 Hourly Rate 7.75.00 150.00 Hourly Rate 200.00 Aerial Tower/Bucket Truck 60' plus Hourly Rate Hourly Rate 75.00 Hourly Rate 85.00 1 -Ton Pick -Up Truck Stump Grinder Hourly Rate 85.00 HourlyRate 100.00 Rate 150.00 Ciamloaderrfractor. . Hourly Rate y 125.00 Hourly 125.00 Hourly Rate 75:00. Large Capacity Dump Truck Hourly Rate 'Hourly ftate_0 H . 150.00 . Hourly Rate ..Chipper Truck with Chipper::. ' Per Load ' 80 5_ 00 ' Forty Yard Dumpster • ADDENDUM #2 For City of Santa Clarita Invitation to Bid PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES April 22, 2010 This addendum must be included with the bid response. If you have already submitted a bid you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact the Purchasing Department by fax and request the bid be returned. The fax number is (661) 286-4186. The following is a list of the vendors that attended the pre-bid meeting on April 13, 2010: Earthwise Arborists Scott Rogers Davey Tree Surgery Luis Miramontes Ernesto Macias Tree Elements, Inc. Jeff Davidson Trimming Land Company Jose Mendoza ISS Grounds Control Carlos Mendoza Tip Top Arborists Tom Baal Dario Tree Trimming Oakridge Landscape Edwin Vargas Stay Green, Inc. Chris Beeler Jorge Castaneda S.0 Yamamoto, Inc. Alfredo Chanocua United Pacific Services Jack mooring Mariposa Landscapes, Inc Dennis Jones West Coast Arborists, Inc. Joseph Bartolo What would determine grid work from houriy/day rate? A. The intent of the contract is to schedule work based on "Monthly Assigned Work'. in general the scheduled monthly assigned work will be 85% grid type work, and approximately 15% of non -gird work. The non -grid work will come from various service requests brought to the City from internal and external sources, but the contractor will be assigned this work well in advance. All Monthly Assignments (grid and non -grid work) will be invoiced at the bid rates for unit pricing. Hourly and day rates will be used for additional unscheduled work that is needed in a short time frame but not considered emergency call out or after hour work. This could be storm clean up or unscheduled work that is needed to be completed in a few days to a couple of weeks. ( See Section 3.11 Work Scheduling -page 29, Section 3-17 Additional Work -page 31, Section 4-01 PS-09-10-16add2 Monthly Assigned Work page 33, Section 5-01 Monthly Assigned Work -page 34, Pricing page 50 - 66) 2. What are the terms of the contract? One year or more? A. The terms of the contract are for one year with up to four one year renewals if both parties agree. See section 2-10 page 18, Performance Period. 3. Is a certified arborist required for both U,F. and L.M.D. If a contract is awarded to one contractor? A. If one contractor is awarded both the OF and LMD contract then the City may waive the condition of a certified arborist for each crew as long as the work of both crews meets City and industry standards and is directed by the contractors certified arborist. 4. Does U.F. & L.M.D. require all trees to be addressed in there perspective area's or just certain species and or sizes? A. It is the intent of OF and LMD to prune all size categories and species trees in Urban Forestry grid areas or LMD zones as stated in the Bid specifications. OF anticipates trimming all trees over 7 -inches in diameter and LMD anticipates trimming all trees over 4 -inches in diameter in the designated areas. However, there will be times when certain species or sizes may be added or removed from the Monthly Assigned Work grid/zone. (See Inventory Lists for LMD and UF - pages 38 and 38, also pages 50 and 54) 5. Is full prune and raise prune the same pricing? A. No. The standard default pruning is for a complete trim which includes raise trimming, dead-wooding, thinning, structuring and a light natural shaping. The standard pruning will be paid by unit rates. Partial pruning or raise pruning will be paid by hourly rates. ( See section 3-02 pages 22-24) 6. Does bid require certified line clearance employees to be at site during the contract, and or will this disqualify a contractor from bidding? A. It is the intent of the city to have a qualified line clearance person on the job site during all operations near utility lines as required by OSHA and ANSI industry standards. A contractor shall be disqualified if they have no qualified line clearance personnel on staff for tree trimming operations where tree work is performed near utility lines. (Disregard section 2-18 on page 20, and refer to section 3-21 on page 32 for Line Clearance) 7. How will the tree codes be used? A. The Tree Trim Codes were included to indicate the type of tree service the City requests on trees. However, the Contractor is not required to use these codes, nor will the City be using these codes in theirpresent format. It is the intent of the City to revise the work codes when the tree inventory system is complete, and use them for scheduling and work history. (See section 3- 03 pages 24 -26) r, 8. Does a minority contractor have'an advantage? A. No, a minority contractor does not have an advantage? PS-06-10-16add2 9. What determines the prevailing wage? A. See paragraph four on page one of this bid. Contractor's Signature Company Name PS-09-10-16add2 Date 4 ♦ • ADDENDUM #3 For City of Santa Clarita Invitation to Bid PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES May 4, 2010 This addendum must be included with the bid response. If you have already submitted a bid you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact the Purchasing Department by fax and request the bid be returned. The fax number is(661)286-4186. 1. Section 3, 3-07: Can equipment be outside the city, but within a certain amount of time away? To have the amount of equipment on site sitting idle and not in use can increase cost to city? A. The Contractor may remove equipment from the city limits after working hours if necessary but must be able to respond within 2 hours for an emergency call for service after business hours. Failure to respond within this time will be considered unsatisfactory performance of the contract. Any additional costs incurred as a result of the equipment not being in the City such as, but not limited to, additional transportation and fuel costs will be the responsibility of the Contractor. The Contractor may request in writing to move equipment outside the City limits during business hours but will be responsible for any costs incurred should any work arise requiring the equipment to be recalled including, but not limited to, transportation, fuel, and labor including any overtime required to make up work missed during business hours due to the delay in arrival of the equipment.. 2. 3-18: What is the cost of the Arbor Pro Tree Inventory license? if one contractor is successful, will one of each item be ok? A. It is recommended that the contractor call for a software license price from Arbor Pro. The number is 714.694.1924. If one contractor is successful in being awarded both the Urban Forestry and LMD tree maintenance contracts, then one Arbor Pro license will be sufficient 3. Section 5. 5-08—Tree Inventory Data Collection: Will the city be providing a hand held unit with GPS to provide the needed data? If not, how are we to know what is capable with the Arbor Pro Software and be able to price the cost for such a unit? This would provide an unfair advantage to a tree company that already knows what is needed to run the program. A. No, the City will not be providing a GPS unit for the contractor. The contractor will be required to obtain a GPS unit with sub meter accuracy and the ability to collect x and y PS-09-10-16add3 ♦ Ob coordinates and at least 100 data fields. Currently the City uses a Trimble GeoXT Handheld model; however a similar like unit that performs the same will work. Contractor's Signature Date Company Name PS-00-10-16add3 fnc COpT GROUNDS CONTROL ,--- Tota; ia��dscape services Documents are in following order: • Original Packet Provided by City of Santa Clarita, filled • Addendumsl, 2 & 3 • Line Clearance, Tree Worker & Arborist Certificates • PCA, QAL and California Contractor's Licenses • Quality Control Plan (�, • Green Waste Disposal Plan • Safety Tailgate Meeting Records ISS Grounds Control 23236 Lyons Avenue, Suite 209 - Newhall, CA 91321 (661) 259-9067 Phone (661) 255-9690 Fax LIC# C27 799622 31 t`t✓i �, . li FOR PUBLICATION TWO TIMES Wednesday, March 31, 2010 Sunday, April 4, 2010 NOTICE INVITING BIDS Sealed bids must be received before 11:00 AM on Monday, May 10, 2010, by the Purchasing Agent of the City of Santa Cfarita, 23920 Valencia Boulevard, Suite 245, Santa Clarita, California, 91355-2196, at which time, or shortly thereafter, they will be publicly opened and read in Suite 304 for the purchase of: PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES Specifications for this bid may be downloaded from the City's Purchasing website at www,santa-clarita.com/purchasing. Specifications may also be picked up at the City of Santa Clarita, Purchasing Division, 23920 Valencia Boulevard, Suite 245, Santa Clarita, _i California, 91355-2196. Specifications may also be sent by mail or Federal Express by phoning Dee Monkhouse, 661.286.4183. Please have your Federal Express account number available. Please refer to specifications for complete details and bid requirements. There will be a pre-bid meeting on April 13, 2010 at 11:00 AM. The location is Santa Clarita Corporate Yard, 25663 Avenue Stanford, Santa Clarita, CA, 91355. Attendance is optional but all potential proposers are strongly encouraged to attend. In accordance with the provisions of California Public Contract Code Section 3300, the successful bidder shall possess a State Contractor's License, Class D-49 and C-27 at the time that a contract for this work is awarded. Failure to possess the specified licenses shall render the bid as non-responsive and shall act as a bar to award the contract to any bidder not possessing said license at the time of award. As provided for in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for monies withheld by the City to ensure performance under the contract. This contract is subject to the State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1776 and 1777.5. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at http://www.dir-ca.clov/dlsr/pwd. Future effective PS -0310-i6 general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. A copy of the prevailing rate of per diem wages shall be posted at the job site. The specifications in this notice shall be considered a part of any contract made pursuant thereto. Purchasing 661.286.4187 Newhall Signal PS -09-10-16 CITY OF SANTA CLARITA INVITATION TO BID BID # PS -09-10-16 BID OPENING: May 10, 2010 The City of Santa Clanta invites sealed bids for: LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES a a Terms of payment: n Subtotal US$ ��r `J Delivery:b� Sales or Use Tax (9.75%): US$ TOTAL: US$ 1. Return original of Bid to: City of Santa Clarita Purchasing Agent 23920 Valencia Blvd., Suite 245 Santa Clarita, CA 91355-2196 2. Prices shall be D.D.P. City of Santa Clarita Receiving dock Incoterms 2000 or for the service rendered. 3. Bidder shall honor bid prices for ninety (90) days or for the stated contract period, whichever is longer. 4. Bids must be on this Bid form and signed by the vendor's authorized representative. S. The last day for questions will be 5:00 PM, May 3, 2010. 6. The vendor is responsible for the accuracy and completeness of any solicitation form not obtained directly from the City. To help the City in source recruitment please let us know how you learned of this solicitation. Check one. Advertisement Direct mail _ Electronic medium (Website etc.) _ Bidding Service Word of mouth _ Other (list) BIDDER TO READ I have, read, understood, and agree to the terms and conditions on all pages of this bid. The undersigned agrees to furnish the commodity or service stipulated on this bid as stated above. Company: , Name (Print) Company Phone No.A —9 .:Z60S PS -09-10-16 4-r ddress: 1377, 6 Lunn5 ikUf 'tt 2n T Wc, l q, CA � 1 Signature - Title of Person Signing Bid l , Ucoy\ llat lCe A. BID INSTRUCTIONS Submitting Proposals. (a) The bid must be submitted on this form, in its entirety, (attachments accepted), original and one copy in a sealed envelope with the wording "Bid`, bid number and closing date marked on the outside. (b) All documentation of unit pricing or other cost breakdowns as outlined in this bid must be submitted to support the total bid price. (c) Proposals/corrections received after the closing time will not be opened. The City will not be responsible for bids not properly marked and delivered. Upon award, all submissions become a matter of public record. 2. Preparation. All be crossed out compliance with recycled paper. proposals must be typed or written in black ink, except signatures. Errors may and corrected in ink, then initialed in ink by the person signing the bid. In Resolution 93-9, all bids and attachments must be submitted double -sided on 3. Currency. All references to dollar amounts in this solicitation and in vendor's response refer to United States currency. Payments will be made in Unite States Currency. 4. Alternatives. Any changes or alternatives must be set forth in a letter attached to this bid. The City has the option of accepting or rejecting any alternative bid. 5. Environmentally Preferable Purchasing. The City of Santa Clarita, being fully aware of the limited nature of our resources and the leadership role government agencies have, supports the Environmentally Preferable Purchasing (EPP) program with Resolution 05-103. With changes in technology and industries occurring rapidly it is frequently difficult to be aware of the latest innovations. Therefore, it is the intent of the City of Santa Clarita to seek out those products which result in less energy usage, least Impact on natural resources and greatest reuse of post- industrial and post -consumer material. Bidders are strongly encouraged to offer products meeting these criteria and point out those specific aspects or features in their bid. 6. Failure to Submit Bid. Your name may be removed from the mailing list if the City receives no response to this bid. 7. Withdrawal of Bids. A bid may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY'S designated official prior to the bid opening hour stipulated in the NOTICE INVITING SEALED BIDS. Bids may not be withdrawn after said hour without forfeiture of the bid guarantee. The withdrawal of the bid will not prejudice the right of the bidder to submit a new bid, providing there is time to do so. 8. Irregular Bids. Unauthorized conditions, limitations, or provisions attached to a bid will render it irregular and may cause its rejection. The completed bid forms shall be without interlineation, alterations, or erasures. Alternative bids will not be considered unless specifically requested or allowed. No oral, telegraphic, or telephonic bid, modification, or withdrawal will be considered. 9. Disqualification of Bidders. In the event that any bidder acting as a prime contractor has an interest in more than one bid, all such bids will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal bid as a prime contractor. The successful bidder shall be licensed in accordance with the provisions of the State Business and Professions Code and shall possess a State Contractor's license, class D-49 and C-27, at the time a contract for this work is awarded. 10. Rejection. The City may reject any or all bids and to waive any informality in any bid. The City may reject the bid of any bidder who has previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any bidder who is in default PS -09-10.16 of the payment of taxes, licenses or other monies due to the City of Santa Clarita. 11. Addenda. The City will not accept responsibility for incomplete packages or missing addenda. It is the bidder's responsibility to contact the project manager, for public projects, or Purchasing prior to submission of the bid to make certain the package is complete and all required addenda are included. This information will also be available from the City's website if the bid was downloaded. Bidders are cautioned against relying on verbal information in the preparation of bid responses. All official information and guidance will be provided as part of this solicitation or written addenda. 12. Awards. The City will award in accordance with S.C.M.C. § 3.12.205 (Support of Santa Clarita Businesses) unless Part C identifies this bid as a multiple criteria bid or this bid is for public works, professional services or is federally funded. Qualifications of responsibility will be in accordance with the S.C.M.C. Lowest cost is the lowest total cost to the City to acquire the goods and/or services resulting from this solicitation. The City may make an award based on partial items unless the bid submitted is marked "All or none." Where detailed specifications and/or standards are provided the City considers them to be material and may accept or reject deviations. 13. Cooperative Bidding. Other public agencies may be extended the opportunity to purchase off this bid with the agreement of the successful vendor(s) and the City of Santa Clarita. The lack of exception to this clause in vendors response will be considered agreement. However, the City of Santa Clarita is not an agent of, partner to or representative of these outside agencies and is not obligated or liable for any action or debts that may arise out of such independently negotiated "piggy -back" procurements. 14. Amendments. Any and all changes to this contract must be made in writing and agreed to by the City. Performance by the contractor will be considered agreement with the terms of this contract. — 15. Taxes. Charges and Extras. (a) Bidder must show as a separate item California State Sales and/or Use Tax. (b) The City is exempt from Federal Excise Tax. (c) Charges for transportation, containers, packing, etc. will not be paid unless specified in bid. Contractor/vendor agrees to cooperate with the City in all matters of local taxation. 16. Payment. (a) Bidder shall state payment terms offered. (b) Payment will be made on the pay period after receipt and acceptance of goods and/or services and upon using department confirmation of such acceptance. 17. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment. 18. Sub contractors. For all public projects, the Bidder must list any subcontractors that will be used, the work to be performed by them, and total number of hours or percentage of time they will spend on the project. 19. Prevailing wage. The Bidder is required to bid prevailing wages for this contract. For the purposes of this paragraph, public works includes maintenance. 20. Protection of Resident Workers. The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under PS -09-10.16 the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 21. Indemnification. The bidder is required to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of any agreement entered into between the parties. Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, the bidder must defend the City (at the City's request and with counsel satisfactory to the City) and indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. 22. Bonds. When deemed necessary by the City, bid bonds shall be furnished by all bidders in the amount of at least 10% of the total value of the bid to guarantee that bidders will enter into contract to furnish goods at prices stated. The bonding company must be listed on Treasury Circular 570 and licensed to operate in the state of California. Likewise, a Performance Bond and/or Material and Labor bonds shall be required of the successful bidder when stated in the specification (cash deposit, certified or cashier's check or money order may be substituted in lieu of either bond). 23. Insurance. For contracts involving services the City requires insurance. Proof of insurance shall be provided by using an ACORD certificate of insurance and shall be provided prior to contract signing. Insurance shall be "Primary and Non -Contributory" and must name the "City of Santa Clarita" as an additional insured. The certificate shall list coverage for General Liability (limit of $1,000,000 CSL or $1,000,000 per occurrence with a $2,000,000 aggregate), Auto Liability (limit of $1,000,000), and Worker's Compensation (statutory requirement). For professional services, Professional Liability with a limit of $1,000,000 may also be required, Insurance shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Specific insurance requirements will be set forth in any contract awarded to a bidder. 24. On -Site Inspection. When deemed necessary by the City, an on-site inspection date and time will be so designated. Bidder is responsible for inspecting and understanding the total scope of the projects (i.e., specifications, quality, and quantity of work to be performed.) 25. Specifications. Materials differing from stated specifications may be considered, provided such differences are clearly noted and described, and provided further that such articles are considered by a City official to be in all essential respects in compliance with the specifications. 26. Discrepancies and Misunderstandings. Bidders must satisfy themselves by personal examination of the work site, specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No bidder shall at any time after submission of a bid make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Specifications, or other contract documents shall be called to the attention of the CITY and clarified prior to the submission of bids. 27. Brand Names. The use of the name of a manufacturer, or any specific brand or make, in describing any item contained in the proposal does not restrict bidders to the manufacturer or specific article, this means is being used simply to indicate a quality and utility of the article desired; but the goods on which bids are submitted must in all cases be equal in quality and utility to those referred to. This exception applies solely to the material items in question and does not supercede any other specifications or requirements cited. Documentation of equivalency must be submitted with the bid. At a minimum the documentation must demonstrate equivalency in form, fit, function, quality, performance and all other stated requirements. The City is final determiner of equivalency. Exception is made on those items wherein identical supply has been determined a necessity and PS -09-10.16 the notation NO SUBSTITUTE has been used in the specification section. 28. Price Reductions. If at any time during the life of this contract, the successful bidder reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices must be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Agent, City of Santa Clarita. 29. Contract Pricing. Except as otherwise provided, prices must remain consistent through the term of this contract. The City does not pay "surcharges" of any type unless identified in the response to this bid. All costs will be included in the pricing provided to the City. 30. Non -Appropriation of Funds. The City's obligation is payable only and solely from funds appropriated for the purpose of this agreement. All funds for payment after June 30 of the current fiscal year are subject to City's legislative appropriation for this purpose. In the event the governing body appropriating funds does not allocate sufficient funds for the next succeeding fiscal year's payments. Then the affected deliveries/services may be (1) terminated without penalty in their entirety, or (2) reduced in accordance with available funding as deemed necessary by the City. The City shall notify the Contractor in writing of any such non -allocation of funds at the earliest possible date. 31. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting from this bid, the vendor agrees that the City may procure the articles or services from other sources and may deduct from the unpaid balance due the vendor, or collect against the bond or surety, or may invoice the vendor for excess costs so paid, and prices paid by the City shall be considered the prevailing market price at the time such purchase is made. 32. Termination. The City may terminate any service or contract with or without cause either verbally or in writing at any time without penalty. 33. Equal Employment Opportunity Compliance. BIDDER certifies that in all previous contract or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. 34. Affirmative Action Certification. BIDDER certifies that affirmative action have been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. 35. Safety. Contractor agrees to comply with the provisions of the Occupational Safety and Health Act of 1970 (or latest revision), the State of California Safety Orders, and regulations issued thereunder, and certifies that all items furnished under this bid will conform and comply with the indemnity and hold harmless clause for all damages assessed against buyer as a result of suppliers failure to comply with the Act and the standards issued thereunder and for the failure of the items furnished under this order to so comply. 36. Gratuities. The City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this agreement, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the City with a view toward securing an agreement or securing favorable treatment with respect to the award or amending, or the making of any determinations with respect to the performance of such agreement; provided, that the existence of the facts upon which the City makes findings shall be in issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue the same PS -09.10-16 remedies against the Contractor as the City could pursue in the event of default by the Contractor. ----- 38. Delivery. Contract delivery must begin not later than fifteen (15) calendar days from receipt of order. Unless otherwise specified, delivery shall be D.D.P., the City of Santa Clarita, and site of user division. 39. Invoices. Invoices will be forwarded to City of Santa Clarita Accounts Payable 23920 Valencia Blvd. Ste. 295 Santa Clarita. CA 91355-2196 Invoices will reflect the purchase order # and goods or service delivered in accordance with the terms of the contract. Invoice processing begins on receipt of the material or Invoice, whichever is later. 40. Bid Questions. Questions should be forwarded by e-mail to rmichlerpsanta-clarita.com . They may also be faxed on letterhead to 661.286.4186 or sent on letterhead to: City of Santa Clarita Purchasing Department 23920 Valencia Blvd. Santa Clarita, CA 91355-2196 The last day for questions will be May 3, 2010 at 5:00 pm. 41. Renewal and Pricing Adjustment. The period of contract performance starting July 1, 2010 and ending June 30, 2011. Contracts entered into pursuant to this Invitation to Bid may be renewed annually. up to four times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area - Riverside -Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index_ The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. PS -09-10-16 B. TERMS AND CONDITIONS The solicitation, bidder's response and the Purchase Order constitute the entire agreement between the vendor and the City of Santa Clarita (City) covering the goods (including services) described herein (the 'goods'). Time is of the essence. Shipment and Inspection. The terms and routing of shipment shall be as provided on the Purchase Order or as otherwise directed by the City. City may revise shipping instructions as to any goods not then shipped. City shall have the right to inspect any or all of the goods at vendor's place of business or upon receipt by City at City's election, which right shalt be exercisable notwithstanding Buyer's having paid for the goods prior to inspection. City, by reason of its failure to inspect the goods, shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications therefore, or to have waived any of City's rights or remedies arising by virtue of such defects or non-conformance. Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the vendor. 2. Risk of Loss. Not withstanding any provision hereof to the contrary, title to, and risk of loss of, the goods shall remain with the vendor until the goods are delivered at the D.D.P. point specified in this Contract, or if no such point is specified, then, when the goods are delivered to the City. However, if the goods are of an inflammable, toxic or otherwise dangerous nature, vendor shall hold City harmless from and against any and all claims asserted against City on account of any personal injuries and/or property damages caused by the goods, or by the transportation thereof, prior to the completion of unloading at City's receiving yard. 3. Warranties. Vendor warrants to and covenants with the City as follows: vendor will deliver to City title to the goods free and dear of all security interest, liens, obligations, restrictions or encumbrances of any kind, nature or description, the goods shall be free from defects in material and/or workmanship; unless otherwise specified on the Purchase Order, the goods shall be new and not used or reconditioned; the goods and their packaging shall conform to the description thereof and/or specifications therefore contained in this Contract. In placing this Contract, City is relying on vendor's skill and judgment in selecting and providing the proper goods for City's particular use. The goods shall be in all respects suitable for the particular purpose for which they are purchased and the goods shall be merchantable. Vendor shall indemnify and save and hold City harmless from and against any and all damages, losses, demands, costs and expenses arising from claims by third parties for property damage, personal injury or other losses or damages arising from vendor's breach of its obligations hereunder. 4. Remedies. In the event of vendor's breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to City by law: (a) require vendor to repair or replace such goods, and upon vendor's failure or refusal to do so, repair or replace the same at vendor's expense: (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at vendor's option; said return to be made at vendor's cost and risk: (c) cancel any outstanding deliveries or services hereunder and treat such breach by vendor as vendor's repudiation of this Contract. In the event of City's breach hereunder, vendor's exclusive remedy shall be vendor's recovery of the goods or the purchase price payable for goods shipped prior to such breach. 5. Force Maieure. For the purposes of this Contract, an event of "force majeure° shall mean any or all of the following events or occurrences, strikes, work stoppages, or other labor difficulties; fires, floods or other acts of God; transportation delays; acts of government or any subdivision or agency thereof; failure or curtailment of power supply in the Pacific Southwest power grid; or any other cause, whether or not similar to the causes or occurrences enumerated above; in ail cases, which are beyond the control of the party claiming the occurrence of a force majeure event and which delays, interrupts or prevents such party from performing its obligations under this Contract. Not withstanding any provision hereof to the contrary, the reduction, depletion, PS -09-10.16 shortage, curtailment or cessation of vendor's supplies or reserves or any other supplies or materials of vendor shall not be regarded as an event of force majeure. The party affected by a force majeure event shall give notice thereof to the other party within ten days following the occurrence thereof and shall apprise the other party of the probable extent to which the affected party will be unable to perform or will be delayed in performing its obligations hereunder. The affected party shall exercise due diligence to eliminate or remedy the force majeure cause and shall give the other party prompt notice when that has been accomplished. Except as provided herein, if performance of this contract by either party is delayed, interrupted or prevented by reason of any event of force majeure, both parties shall be excused from performing hereunder while and to the extent that the force majeure condition exists, after which the parties' performance shall be resumed. Notwithstanding the foregoing, within five days following vendors declaration of a force majeure event which prevents its full and/or timely delivery of goods hereunder, City may, at its option and without liability (a) require vendor to apportion among its customers the goods available for delivery during the force majeure period; (b) cancel any or all delayed or reduced deliveries; or (c) cancel any outstanding deliveries hereunder and terminate this Contract. If City accepts reduced deliveries or cancels the same. City may procure substitute goods from other sources in which event this contract shall be deemed modified to eliminate vendors obligation to sell and City's obligation to purchase such substituted goods. After cessation of a force majeure event declared by vendor, vendor shall, at City's option but not otherwise, be obligated to deliver goods not delivered during the force majeure event. After cessation of a force majeure event declared by City, neither party shall be obligated to deliver or purchase goods not so delivered and purchased during the force majeure period. 6. Patents. It is anticipated that the goods will be possessed and/or used by City. If by reason of any of these acts a suit is brought or threatened for infringement of any patent, trademark, trade name or copyright with regard to the goods, their manufacture or use, vendor shalt at its own expense defend such suit and shall indemnify and save and hold City harmless from and against all claims, damages, losses, demands, costs and expenses (including attorney's fees) in connection with such suit or threatened suit. Compliance with Law. Vendor warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract, including, without limitation, the Fair Labor Standards Act of 1938, as amended, the Equal Employment Opportunity Clause prescribed by Executive Order 11246 dated September 24, 1965 as amended, and any rules, regulations or orders issued or promulgated under such Act and Order. Vendor shall indemnify and save and hold City from and against any and all claims, damages, demands, costs and losses which the City may suffer in the event that vendor fails to comply with said Act, Order, rules, regulations or orders. Vendor further warrants that all goods sold hereunder will comply with and conform in every respect to the standards applicable to the use of such goods under the Williams -Steiger Occupational Safety and Health Act of 1970, as amended, and any regulations and orders issued thereunder. Any clause required by any law, ordinance, rule or regulation to be included in a contract of the type evidenced by this document shall be deemed to be incorporated herein. Where permits and/or licenses are required for the prescribed material/services and /or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction there over. 8. Reports Artwork Designs etc.: (a) If the goods are to be produced by vendor in accordance with designs, drawings or blueprints furnished by City, vendor shall return same to City upon completion or cancellation of this Contract. Such designs and the like shall not be used by vendor in the production of materials for any third party without City's written consent. Such designs and the like involve valuable property rights of City and shall be held confidential by vendor. (b) If the Contract results in the creation of artwork, designs or written products, including but not limited to, books, reports, logos, pictures, drawings, plans, blueprints, graphs, charts, brochures, analyses, photographs, musical scores, lyrics, will be considered works for hire and the contractor PS -D9-10-16 10 ~) expressly transfers all ownership and intellectual property rights including copyrights to the City by signing the contract. Such works and the like shall not be used by vendor in the conduct of any business with any third party without the City's written consent. (c) Unless otherwise agreed herein, vendor at its cost shall supply all materials, equipment, tools and facilities required to perform this Contract. Any materials, equipment, tools, artwork, designs or other properties furnished by City or specifically paid for by City shall be City's property. Any such property shall be used only in filling orders from City and may on demand be removed by City without charge. Vendor shall use such property at its own risk, and shall be responsible for all loss of or damage to the same while in vendor's custody. Vendor shall at its cost store and maintain all such property in good condition and repair. City makes no warranties of any nature with respect to any property It may furnish to vendor hereunder. 9. Governing Law. The Purchase Order and this Contract between the parties evidenced hereby shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. 10. Miscellaneous. (a) The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision. (b) Stenographic and clerical errors, whether in mathematical computations or otherwise, made by City on this Contract or any other forms delivered to vendor shall be subject to correction. (c) On the issue of primacy in disagreements in bid responses, words shall hold over numbers and unit prices shall hold over extended prices. (d) City may, upon notice of vendor and without liability to City, cancel this Contract and any outstanding deliveries hereunder, (1) as to standard products of vendor not then shipped hereunder, at any time prior to shipment, or (2) if (A) a receiver or trustee is appointed to take possession of all or substantially all of vendors assets, (B) vendor makes a general assignment for the benefit of creditors, or (C) any action or proceeding is commenced by or against vendor under any insolvency or bankruptcy act, or under any other statute or regulation having as its purpose the protection of creditors, or (D) vendor becomes insolvent or commits an act of bankruptcy. If an event described in (2) of this section occurs. City may at City's sole election pay vendor its actual out-of-pocket costs to date of cancellation, as approved by City, in which event the goods shall be the property of City and vendor shall safely hold the same subject to receipt of City's shipping instructions - PS -09-10-16 11 SPECIFICATIONS The City of Santa Clarita's Landscape Maintenance Districts (LMD) and the Urban Forestry Division are soliciting sealed bids for the City's Tree Maintenance Program, consisting of tree trimming, tree planting, integrated pest management, and Arbor Pro Tree Inventory database input. The following general specifications apply to both the Landscape Maintenance District and the Urban Forestry Division. In addition, the Landscape Maintenance District and Urban Forestry division will have separate special provisions relating specifically to each division's contract. The City will award TWO (2) contracts, one to the low bid for the Landscape Maintenance District (LMD) and one to the low bid for the Urban Forestry Division. Should the low bidder for each contract be the same vendor, that vendor will be required to confirm in writing that they possess sufficient resources to perform both contracts simultaneously. Where the solicitation requests bidders to identify resources for the LMD and Urban Forestry contracts, bidders may not list the same staff or equipment for both contracts. GENERAL PROVISIONS SECTION 1 1-01 SCOPE OF WORK The work to be performed consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Specifications, provisions, and contract documents. The general items of work for this project shall consist of at least one (1) full time, tree crews and equipment for each of the two contracts awarded to provide comprehensive tree maintenance services for areas listed. If work assignments are completed prior to the contract term, additional areas of work may be assigned if funds are available. 1-02 CITY EMPLOYEES For the purpose of these Bid Specifications and for the term of this Tree Maintenance Contract, the title Contract Administrator will refer to the City Arborist and Special Districts Administrator. The title Proiect Manager will refer to the tree inspector for the Urban Forestry Division and Landscape Maintenance District (LMD). 1-03 LOCATION OF WORK The general location of work is within the City limits of Santa Clarita. Locations and type of tree service may change throughout the duration of the contract at the discretion of the CITY and at no additional cost to the City. Initial work is outlined in this document. There is a link in this document to access maps of the areas where the work is to be performed. 1-04 TIME FOR START AND COMPLETION OF WORK The contractor shall start work beginning July 1, 2010, and complete work by June 30, 2011 unless terminated sooner as per the provisions of the contract. 1-05 WORK HOURS Work hours shall begin in Santa Clarita at 7:00 a.m, and end at 4:00 p.m., Monday through Friday. For areas surrounding all school zones no tree work within 1500 feet before 8:00 A.M. No work on CITY observed holidays except in the event of emergencies. See attachment 1. PS -09-10-16 12 1-06 EMERGENCY INFORMATION The names, addresses and telephone numbers of the Contractor and any subcontractor, or their representatives, shall be filed with the City and the City's Sheriffs Department prior to beginning work. 1-07 CONTRACTOR EQUIPMENT AND GRAFFITI All equipment brought into the City or working within the City Limits shall be free of graffiti. Any graffiti that is spotted on equipment shall be removed immediately during working hours and any graffiti that is reported after hours or at any other time shall be removed within 24 hours. 1-08 CONTRACTOR COMMUNICATION The contractor's Field Supervisor's shall carry a mobile cellular phone and shall respond to calls from the City staff with 15 minutes of the call. In the case of after hour's calls, two (2) hours maximum response time is allowed to arrive at the emergency location. The contractor's employees shall maintain 24-hour phone communication and staff must be able to contact all key contractor employee staff, key City staff, local utility agencies and emergency services as needed for the duration of the contract. 1-09 CONTRACTOR EQUIPMENT Contractor shall be required to clearly identify and equip each vehicle used at said facility with decals on the exterior right and left front door panels identifying the Contractor's name, address and phone number visible from 100 feet. Each vehicle must be mechanically sound, with a clean and neat appearance, and meet all California Vehicle Code requirements. All of the Contractor's vehicles are subject to random inspections by the Santa Clarita Sheriff's Department. Equipment shall not leak fluids and meet all associated and required safety standards, inspections and certifications. 1-10 CONTRACTOR UNIFORMS Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes, and other gear required by State Safety Regulations (OSHA), and proper wearing of the clothing. Shirts shall be buttoned and worn at all times. 1-11 CONTRACTOR CONDUCT Contractor shall at all times exhibit good customer service to City staff, City contracted staff, residents and others throughout term of this contract. All communication will be professional in manner between all parties. Unsatisfactory communication and service may be cause for contract termination. 1-12 CONTRACTOR PERFORMANCE ABILITY The contractor must demonstrate the ability to successful perform all work as specified in this bid. The contractor will provide evidence of successful performance through the identification of references for jobs of a similar size and scope. PS -09-10-16 13 1-13 CONTRACTOR TRAINING AND EXPERIENCE Contractor's employees or representatives shall be thoroughly trained and experienced in the maintenance practices of Urban Forestry and Arbodcultural Procedures to successfully maintain the City's Urban Forest according to industry standards and guidelines. Minimum training standards shall include the latest edition of the Best Management Practices of Arbohcufture by the International Society of Arboriculture and the ANSI — A 300 Pruning standards. In addition the contractor shall maintain any and all required safety training for staff. This includes the latest edition of ANSI safety standards for tree operations ANSI — Z133.1 or later editions. Contractor must be able to provide documentation of regular training. 1-14 CERTIFIED ARBORISTS AND TREE WORKERS 1-15 The Contractor shall at all times have a Certified Arborist on site acting in the capacity of a foreman, supervisor, or superintendent during all phases of tree maintenance including but not limited to tree trimming, tree removal or tree planting for each contract. Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the bid. Contractor shall employ on a regular full-time, permanent basis a person certified by the International Society of Arboriculture as a Certified Arborist and Certified Tree Worker at the time of bid submittal, bid award, and for the duration of this contract. Said certified arborist is to be responsible for the contractor's crews performing assigned work in accordance with work standard agreed upon with the CITY. Proof of certification to be submitted with this bid. The Arborist will be on site while pruning operations are being conducted and to provide daily written inspection of such work and on site supervision of such crews; and to be readily available to serve as contractors representative in routine dealings with the CITY, (i.e. crew scheduling, performance standards, time and material expenditures, and the resolution of such situational disputes as may arise between work crews, other contractors, and/or the public). It is the desire of the CITY to provide a high level, informed and professional service to the residents. To this end, the CITY requires verification that at least 50% of the contractor's employees doing pruning under the specifications of this contract, be certified by the International Society of Arboriculture in the Tree Worker classification or Certified Arborist. Certification of current training records with personal references will be submitted with this bid for each employee. The following is a partial list of the required data fields that will be required for tree inventory data collection. All tree inventory data shall be submitted in a format compatible with the Arbor Pro Inventory System. The following is a partial list of the required data fields. GPS Coordinates, Zone, Parkway type, Location, Right of Way in foot, Status, Condition: Required Maintenance, DBH, Height, Tree Species, Replacement Species, Inspection, Upload, Representational photo, 1-16 INCOMPLETE WORK REPORTS In the event that work is not completed due to emergencies, work delays, bird nesting, seasonal conditions and/or vehicle parking restricting work completions. Contractor shall record all skipped locations and the vehicle license number as part of the incomplete work report. All incomplete locations that are outstanding for more than two workdays shall be reported to the Urban Forestry Division and the Landscape Maintenance District. All incomplete locations shall be tracked for follow up completion and the Urban Forestry Division and the Landscape Maintenance District PS -09-10-16 14 shall be again notified if incomplete work goes beyond one work week. All outstanding work shall be tracked on monthly work reports. This includes trees that may be skipped due to seasonal conditions, such a pines and eucalyptus during the summer months. 1-17 OUTSTANDING STUMP REPORTS Contractor shall monitor and track all work related to the removal of tree stumps and shall provide the City with an Outstanding Stump Report for all incomplete tree stump removals. The report shall be submitted weekly to the offices of the Urban Forestry Division and the Landscape Maintenance District. All stump removals shall be tracked on this report as well as the general work report, service reports, daily work records and any other type of work activity report required by the City All tree stumps from cut off trees shall be removed within 14 days of tree being cut down. If the stump is not removed in 14 days the contractor will be charged the cost the City incurs to remove the stump. 1-18 PROPERTY DAMAGE Property Damage — Shall be reported within one hour of incident to the office of the City Arborist or the Project Manager. • In the event that verbal contact has not been made, the contractor will notify the City Risk Manager. • The contractor field supervisor shall also inform his superior so that all attempts will be made to rectify any damage caused by the contractor. • The contractor shall be responsible for all damage to private and public property and shall correct, fix, repair, replace or reimburse the party at loss for all damages. • Damage corrections shall be made as soon as possible to reduce future complaints. • In the case of vehicle damage contractor shall assist the damaged party to resolve the damage with an expedited process. • All damage and corrections shall be documented and reports provided to the City. • The City Urban Forestry Division, the Landscape Maintenance District and the Risk Management Division shall be notified by e-mail of the incident. Included in the e-mail shall be the date, time and location of the incident, including a brief summary of the event. This e- mail shall be submitted within 24 hours of the incident. Reports shall include all correspondence and course of action by the contractor to correct damage. 1-19 ROOT BARRIER Root Barrier — The Urban Forestry Supervisor or the Project Development Coordinator shall approve the root barriers. Root barriers must have a root deflection rib and a top edge. The root control panels may not be altered without written approval from the Urban Forestry Supervisor or the Project Development Coordinator. All trees shall be planted with a 12 -inch or 18 -inch deep by ten foot long root barrier along the sidewalk of each tree planting site. Root barrier shall be comparable to either Deep Root brand model number UB -18-2. or Century brand CR -18-20 or City approved equal. PS -09-10-16 15 GENERAL SPECIAL PROVISIONS SECTION 2 2-01 DEFINITIONS Agency: City of Santa Clarita Project Administrator: Entire tree maintenance program - Urban Forestry Supervisor or designee Contract Administrator Urban Forestry Supervisor — Urban Forestry Contract Project Development Coordinator— LMD Contract Contract: Shall mean EACH contract executed pursuant to this solicitation. Trimming Trimming and pruning shall be considered the same thing for the purposes of this project. 2-02 AWARD AND EXECUTION OF CONTRACT Within ten working days after the date of the CITY's notice of award, the Contractor shall execute and return the following contract documents to the CITY: Contract Agreement Faithful Performance Bond Labor and Material Bond Public Liability and Property Damage Insurance Certificate Workers' Compensation Insurance Certificate Failure to comply with the above will result in annulment of the award and forfeiture of the Bid Guarantee, This Contract Agreement shall not be considered binding upon the CITY until executed by the authorized CITY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the CITY, to fumish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-03 SUBCONTRACTS The Contractor shall perform or provide, with its own organization, employees, materials, and equipment amounting to at least 60 percent of the Contract Price. The Contractor's employees shall constitute at least 60 percent of the labor force involved in the performance of contracts executed subsequent to this solicitation. PS -09-10-16 16 2-04 CONTRACT BONDS The Faithful Performance Bond shall remain in force until the contract expiration date. The Labor and Material Bond shall remain in force until thirty-five days after the contract expiration date, or until all claims for labor and material are paid, whichever is longer. 2-05 EXAMINATION OF CONTRACT DOCUMENTS The bidder shall examine carefully the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the plans and specifications, and the bid and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished, and as to the requirements of the bid, plans, specifications, and the contract. 2-06 CHANGES IN WORK- NOTICE TO SURETIES The Contractor shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of the work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The Contractor shall furnish proof of such adjustments to the CITY. 2-07 MATERIALS AND WORKMANSHIP The Contractor shall guarantee that the entire job will meet all requirements of this contract as to the quality of equipment, and workmanship. The Contractor, at no cost to the CITY, shall make any repairs or replacements made necessary by defects in equipment, or workmanship that become evident within 60 days after invoicing for the work in question. The Contractor shall hold the CITY harmless from claims of any kind arising from damages due to said defects, noncompliance and poor work workmanship. The Contractor shall make all repairs, replacements, and restorations within 10 days after the date of the Project Manager written notice. 2-08 WORKSITE CLEANUP All tree trimming shall be terminated at such time each day to give the cleanup crew sufficient time to have all brush, limbs, and debris loaded and all equipment off the work site by 4:00 p.m. The contractor shall review work from the previous day to ensure there are no hangers or debris fallen from previously trimmed trees. If debris or hangers are found than the contractor shall clean up work site. 2-09 AB939 CITY DIVERSION REQUIREMENTS The California Integrated Waste Management Act of 1989 (AB939) requires that all cities and counties in the State of California divert materials going to landfill by 50% by the year 2000 and maintain each year thereafter. In accordance with this mandate, all contractors handling landscape materials on behalf of the City of Santa Clarita will be required to divert all landscape materials from any and all landfills and co -generation facilities. Landscape material utilized for co -generation or daily landfill cover will not qualify for diversion credit and are therefore not acceptable methods of disposal for this material. All landscape materials collected through the program must be delivered to a properly permitted compost or mulching facility or material end-user. Landscape materials that have been collected for the express purpose of diversion will not be taken to a landfill unless the landfill possesses PS -09-10-16 77 - other diversion facilities on site. The transport and disposal of landscape materials at an unauthorized facility, i.e. landfill, will constitute a material breach of this agreement. Contractors will be required to seek recycling alternatives for these organic, biodegradable landscape materials. Acceptable recycling alternatives would include the utilization of these materials as feedstock for composting, co -composting, mulching, soil amendment, and wood chip products. All contractors will be required to arrange for the chipping and transport of all landscape materials to their selected processor, with all cost to be borne by the Contractor. Approval of any other processing method not listed above will require the approval of the Environmental Services Manager, and must qualify for diversion credit as specified in AB939, or subsequent legislation. The City of Santa Clarita retains the right to cancel, at any time, any existing arrangement for the processing of City landscape materials and select a preferred processor capable of recycling these landscape materials and meeting the mandates of AB939. Contractors should select their processor on the basis of previous experience, the ability to meet AB939 mandates, the ability to acquire appropriate permits, and the ability to site a local chipping/transport site within or adjacent to the City of Santa Clarita. All contractors will be required to document the total weight and/or cubic yards of landscape material recycled on a monthly basis. The City of Santa Clarita's Environmental Services Division will supply the Public Works Department with a City -approved form, which the Contractor must complete on a monthly basis in order to document materials diverted. The Contractor should send documentation to the Special Districts Department. The contractor shall submit with the bid their current method of green waste disposal and a plan of action for handling green waste for the City of Santa Clarita. 2-10 PERFORMANCE PERIOD The period of contract performance starting July 1, 2010 and ending June 30, 2011. Contracts entered into pursuant to this Invitation to Bid may be renewed annually, up to four times, in accordance with the terms of the contract. If not otherwise stated, the contract may be renewed if the new pricing of the contract does not change more than the Consumer Price Index - All Urban Consumers (not seasonally adjusted), Los Angeles Area -Riverside -Orange county area and prevailing wage rates, if applicable. Price adjustments may be increases or decreases as appropriate and must be requested at least 90 days prior to the expiration/renewal of the contract. The index level for the month preceding the month of solicitation advertisement will become the beginning index. The price adjustment limit will be the percentage change based on the difference between the beginning level or the adjustment level last used and the index level for the period 90 days prior to the expiration of the contract. If not renewed prior to the anniversary date, the contract may continue on a month to month basis until renewed or awarded to a new contractor. 2-11 LIQUIDATED DAMAGES The liquidated damages are $1000.00 per day. Should the awarded Contractor fail to appear on a designated work day through the duration of the contract, for each day missed, the Contractor will be required to double the man/women power and equipment necessary on proceeding work days to make up equivalent day(s) missed. Should the Contractor fail to make up work days missed, then the Contractor shall pay to the CITY, or have withheld from monies due to it, the sum of $1000.00 per work day in addition to normal amounts deducted from the monthly billing for work not performed. PS -09-10-16 18 The Contractor will not be required to make up days or hours missed if delays are due to acts of God or public enemy. Contractor shall make up days or hours missed due to inclement weather. 2-12 CONTRACTOR'S EQUIPMENT AND FACILITIES A noise level limit of 86 dba at a distance of fifty feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. Contractor will be required to ensure all equipment complies with all State and Local requirements including those of the South Coast Air Quality Management District. 2-13 LABOR LAWS The Contractor and all subcontractors, suppliers, and vendors shall comply with all CITY, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. In accordance with the Labor Code, as provided in Section 1773, et. seq., the general prevailing wage rates have been determined by the Director of the California Department of Industrial Relations. These wages are available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov.disr/pwd. The Contractor shall not pay less than prevailing wage rates. Certified payroll records will be required to be provided to the City. 2-14 PERMITS Prior to the start of any work, the Contractor shall take out the applicable CITY permits and make arrangements for CITY inspections. The Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 2-15 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life, or loss of property which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work site which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Contract Administrator, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Contract Administrator, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Contract Administrator will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Contract Administrator may provide suitable protection to said interests by causing such work PS -09-10-16 19 to be done and material to be furnished as, in the opinion of the Contract Administrator may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the CITY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the CITY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 2-16 DIGALERT It is the contractor's responsibility to contact Dig alert before digging at any location in the City. This includes contacting Digalert before for any stump grinding activities. 2-17 PARTIAL AND FINAL PAYMENT The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor shall prepare the approximate measurements of the quantities of work performed through the closure date and submit it to the CITY for approval by the 5th day of the following month. All work will be approved by a representative of the City. When the work is complete, the Project Manager will approve the final quantities of the work performed and prepare the final progress payment report. Payments are commonly authorized and made within 30 days following the 10th day of the month submitted. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents. 2-18 QUALIFIED LINE CLEARANCE PERSONNEL This project may involve the trimming of trees in the vicinity of electrical transmission lines. The Contractor must have at least one person on site at all times qualified to provide line clearance services. A qualified line clearance tree trimmer is one who has completed a minimum of 18 months related training and on-the-job training experience, and is familiar with the special techniques and hazards involved in line clearance tree care operations. Pursuant. to OSHA regulations, this training must be documented as well as an ongoing training program for these personnel. The contractor shall submit with the bid documentation of qualified line clearance personnel. 2-19 SB198 AND OSHA COMPLIANCE REQUIREMENTS The Contractor must submit with their bid submission, his current Safety Manual meeting SB198 requirements for injury and illness prevention. This manual must also meet the safety requirements outlined in the CaVOSHA General Industry Safety Orders, which incorporates the requirements of Section 3203 Accident Prevention Plan as well as Section 5194, A62185, AB2187, and AB377; Federal Hazard Communication Standard, CFR1910.1200; and SARA Title III as they apply to Hazard Communication Standards. It is the intent of the City to rigorously examine these documents to determine if the Contractor is in full compliance with the safety related orders. 2-20 QUALITY CONTROL PLAN The contractor shall establish and maintain a Quality Control Program to ensure that the work performed under the contract conforms to the contract requirements. The Contractor shall submit with the bid, a comprehensive Quality Control Plan. PS -09-10-16 20 The contractors Quality Control plan shall provide top contractor management with an effective and efficient means of identifying and correcting problems throughout thescope of operations. The Quality Control Program shall include: 1. A description of the contractor's quality control system. The system must cover all contract services, specify work to be inspected on either a scheduled or unscheduled basis, and describe how inspections are to be conducted. 2. The name(s) and qualifications of the individual(s) responsible for performing the quality control inspections, and the extent of their authority. 3. Provisions for recording the results of inspections and for recording corrective action taken. 4. Provisions to update and revise the Quality Control Program during the performance of the contract. A file of all Quality Control inspections both performed and scheduled inspection results, and dates and details of corrective actions taken shall be maintained by the contractor through the term of this contract. The file shall be the property of the City and made available to the Contract Administrator during regular working hours. The file shall be turned over to the City within 15 days of completion/termination of the contract. 2-21 CONTRACTOR MINIMUM EXPERIENCE Contractor certifies to have a minimum of five consecutive years of current experience in the type of work related to this project and that this experience is in actual operation of a firm with permanent employees performing a part of the work as distinct from a firm operating entirely by subcontracting all phases of the work (at a minimum). Evidence shall be provided with bid which will consist of copies of a State Contractors license D-49 and C-27 which shall have been in full force and effect and in good standing, a minimum of five consecutive years prior to the bid opening. PS -09-10-16 21 COMMON DETAILED SPECIFICATIONS LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY DIVISION SECTION 3 3-01 SCHEDULE AND SEQUENCE OF WORK The Contractor shall schedule his/her operations in accordance with the following requirements A) The Contractor shall submit a weekly copy of daily work reports to the Project Manager on each Monday throughout the term of the contract. In addition, the Contractor shall advise the Project Manager of the following week's work schedule. Daily work records shall be formatted for Windows excel spreadsheets for easy translation to the City tree inventory. This includes electronic records that will be input by the contractor into the City's Arbor Pro Tree Inventory system. The tree maintenance records shall be compatible and able to be input into the City's Tree Inventory System on a weekly basis. For areas where there is no tree inventory data, the contractor shall submit work reports that are in a Microsoft excel format — (minimum compatibility). The Spreadsheets shall include, but not be limited to the following information. Tree Species, Address, Location, Type of work performed, Diameter of tree (measured at 4.5 feet above ground level), Date of work performed, Zone -area or Grid of tree. The City will provide the sample spreadsheet for the electronic work reports. B) Work hours shall be in accordance with Section 1-04 C) Before trimming starts each day in street right-of-way, the recommended and required signs, barricades, and delineation shall be placed for traffic control as recommended in the State of California Manual of Traffic Controls and WATCH Work Area Traffic Control Handbook. If it is necessary to restrict traffic flow, the Contractor shall obtain prior written approval from the City's Traffic Engineer or Public Works Department before closing off any street or section of street. Traffic control is an Included cost in the contract and will not be paid separately by the City. D) The Contractor is expected to operate work days consecutively -- Monday through Friday. No work shall be performed by the Contractor on City -observed holidays except in case of emergencies. 3-02 WORK SPECIFICATION FOR TREE TRIMMING SERVICE It is the intent of the City of Santa Clarita to have all trees trimmed in a professional manner in compliance with industry standards. All trees shall be raised over the street and sidewalk, dead - wooded, cleaned, crown -thinned, structured and lightly shaped to conform to the natural form of the species. Tree trimming for the purpose of this contract shall refer to the industry standard "Pruning' standards. In all cases tree trimming shall be synonymous and mean the same as tree pruning or pruning. Tree trimming shall be performed in accordance with the following requirements: A) All work shall conform to the current standards established by the International Society of Arboriculture (ISA) Best Management Practices and the ANSI -A300 (Part 1) — 2001 Pruning Standards, and any later amendments. Any deviation from the correct form and practice of tree trimming shall consider the Contractor to be non-responsive to the obligations of the contract of trimming all trees to the high standards. Contractor non- responsiveness to the criteria set forth by the International Society of Arboriculture (ISA) Pr09-10-16 22 Best Management Practices and the ANSI -A300 (Part 1) — 2001 Pruning Standards may lead to contractor performance review by the City that could lead to contract termination and forfeiture of faithful performance bond. B) The City of Santa Clanta trimming standards are as follows: Raise —Raise trimming shall consist of selective trimming to provide vertical clearance. The desired height shall be 14 feet above the street and 8 feet over the sidewalk. Raise trimming shall be accomplished by trimming the lower branches on the live crown to the desired height. • The main scaffold limbs should start at a height of approximately 6 — 8 feet above ground level on most trees off the main trunk • Scaffold limbs should not be removed from the main trunk unless they interfere with the desired raise trimming height • Raise trimming shall not be excessive on small diameter trees - trees from 2 inches to 9 -inches in diameter. • Small diameter trees would require no more than one third of the live crown to be raised to prohibit exposing the main trunk to sunburn. This is usually trees less than 25 -feet in height • Raise trimming shall be done on all other trees located in open areas such as Parks or Greenbelts at a height determined by the City 2. Clean — Cleaning shall consist of selective trimming to remove one or more of the following parts: dead, dying, diseased, defective, detached or broken branches • Cleaning shall be performed throughout out the entire crown canopy • Cleaning shall be performed on branches that are two inches in diameter and larger 3. Thin — Thinning shall consist of selective trimming to reduce density of live branches throughout the crown canopy • Thinning should result in an even distribution of branches on individual limbs throughout the crown • Not more than 25 percent of the live tissue should be removed from the crown within one growing season. On oaks trees the percent of live tissue allowed to be removed shall not exceed 15% of the live crown • Thinning should be performed on limbs up to two inches in diameter. This is generalized size for most trees, but is dependant on age, size, condition and species of tree • Thinning can be the selective removal of water sprouts 4. Structure — Structure trimming shall consist of trimming that will balance the distribution of limbs throughout the tree canopy. • Structure trimming shall develop the branches in a manner that will influence the orientation, spacing, growth rate, strength of attachment and the ultimate size of branches and stems • Structure trimming reduces branches so they are less than one half the diameter of the parent limb • Structure trimming shall be performed to develop the tree according to its natural growth pattern and form • Structure trimming shall remove crossing limbs up to 2 — inches in diameter. Other crossing limbs shall be approved by City inspector 5. Reduction — Reduction trimming is the selective removal of branches and stems to decrease the height and/or spread of a tree. • Reduction trimming is done to minimize risk of failure, to reduce height or spread PS -09-10-16 23 and to accomplish clearance of buildings, traffic signs, traffic signals, utility lines etc 6. Trimming Cut Ratios —All trimming cuts shall be made so that the remaining lateral limb is at least one-third (1/3) to one-half (1/2) the diameter of the parent limb • An example of a 1/3 reduction would be a 3 -inch limb that is cut back to a 1 -inch diameter limb • An example of a % reduction would be a 3 -inch diameter limb cut back to a 1 -1/2 -inch diameter limb 7. General Trimming — General Pruning or Trimming shall consist of a combination of raise trimming, cleaning, thinning and structuring of the overall tree • This type of work shall be the default trimming for all tree trimming operations S. Reduction Trimming shall be done on the entire tree at the direction of the City 9. Non -Approved Trimming — There shall be no topping, lions -tailing and over thinning unless directed by City staff C) A variety of small, medium, and large trees shall be trimmed by the contractor throughout the contract term. Trees vary in location throughout the zones. Many are along public Right -of -Way areas, on slopes, or within paseo systems with limited vehicle access. D) Price estimates must take into consideration all of the various zones' attributes and terrains. 3-03 TREE TRIM CODES A) The CITY has established work codes that are indicating the type of tree service required for each individual tree. Tree trim code language is meant to be used as a guide for the Contractor to follow. However, the Contractor must follow the proper arboriculture practices of tree trimming as mentioned in Sections 3-02. B) Code 101 - Class 1 Thin and Shape Trim This shall be the required standard type of tree pruning for all City trees. It shall consist of Raise Pruning, Crown Cleaning, Thinning and Structuring. Branches shall be evenly trimmed and thinned to eliminate excess limb weight and yet still retain the natural shape and form of the tree. All dead, weak, diseased, infested, broken, low, and crossing branches shall be removed to the point of origin (branch ridge collar). Branches to be shortened shall be cut by the drop -crotch method to laterals large enough to assume leadership. All suckers, small limbs, and water sprouts shall be removed from ground level to the height clearance levels specified in Parkway Trees Municipal Code 13.76. Code 101 includes minimal height clearance trimming using the drop crotch method. TOPPING or STUBBING cuts are not allowed. Code 102 - Trim/Raise-Vehicle and Pedestrian Limbs over roadways shall be trimmed to a height of 14 -feet and over pedestrian walkways by 8 -feet where practical. Code 103 - Trim/Crown Reduction The drop crotch method shall be performed by the contractor when reducing the height or spread of a tree. TOPPING or STUBBING is not permitted by the CITY. P9-09-10-16 24 Code 104 Trim/Thin Trim thin to reduce density of tree. General thinning should not exceed 15% of actual foliage and branch removal. Code 105 Trim/Deadwood or Infested Trim to remove deadwood or wood that is infested severely by boring insects. Code 106 - Trim/Tree Training Trim of young trees for the purpose of developing scaffold branches and branch direction. Code 107 - Trim/Traffic Signal Clearance trim for clear visibility of traffic signs or signals. Code 109 - Trim/Sight Visibility Clearance trim for clear visibility of oncoming vehicle and/or pedestrian traffic. Code 110 Trim/Light Standard Clearance trim for street light standard luminous and occasionally for the pole itself. Code 301 - Root Prune/Hardscape Repair Severe or shave roots to make way for hardscape repairs or construction of hardscape I.E. sidewalks, curbs, gutters, roadways. Code 302 - Root Prune/Surface Root prune, shave, or severe roots above surface to depth prescribed by the City (generally in lawn areas). Code 303 - Root Prune/Sewer Root prune for the installation or repairs of a residential sewerline lateral. Code 501 - Emergency/Fallen Limb Contractor response and remedial repairs or removal of a fallen limb. Code 502 - Emergency/Fallen Tree Contractor response and remedial repairs or removal of a fallen tree. Code 503 - Emergency/Property Damage Contractor record any private or public damage as a result of a fallen limb or tree. Code 504 - Emergency/Iniury Contractor record any personal injury as a result of a fallen limb or tree. Code 505 - Emergency/Private Property Tree Contractor response and clearance trim of a private property tree that is blocking access to a public right-of-way as a result of a fallen limb or tree. Code 601 - Remove/Dead. Dying or Diseased Tree Remove to ground level any tree that is either dead, dying, diseased, or severely infested by wood boring insects. Code 602 - Remove/Hardscape Damage Tree removed due to severe hardscape damage or other related objects damaged by tree roots. Code 603 - Remove/Utilities Damage Tree removed due to severe above or below ground utility damage. PS -09-10-16 25 Code 604 - Remove/Stump Tree stump removed in its entirety or stump ground down below surface.. Code 605 - Remove/Stump and All When entire tree and stump removed. Code 606 - Remove/Vehicle Damage When tree removed due to vehicular damage. Code 701 - Maintenance/Tree Wells Tree Wells Repaired to hold water. Code 702 - Maintenance/Tree Stakes Tree support stakes either repaired, replaced or removed. Code 703 - Maintenance/Weeding Tree basin weeded, manually or chemically. Code 901 - Fertilize Contractor application of tree fertilizer. Code 1002 - Plant Contract or plant trees. 3-04 HAZARDOUS TREE NOTIFICATION Contractor shall report to the Project Manager any tree defects or hazardous trees within an hour of notice. Defects include, but are not limited to structural weakness, trunk and limb decay, split wood, borer insect infestation, unstable trees due to root defects, broken branches, and deadidying trees. 3-05 SPECIAL WORKSITE SPECIFICATIONS Daily work other than tree trimming shall be performed in accordance with the following requirements: A) CLEANUP - Removal of debris from the street, parkway sidewalk, paseo and yard areas of all property shall follow as closely as possible to the trimming operation, and all areas shall be left free of debris at the close of each day's operation. B) PROTECTION OF EXISTING IMPROVEMENTS - The contractor shall be responsible for the protection of all improvements adjacent to the work areas, including, but not limited to, sprinkler systems, drain pipes, lawns, planting, brick or masonry work, mailboxes, lights, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those scheduled for removal, then such improvements shall be replaced at the Contractor's expense without cost to the City and to the entire satisfaction of the Project Manager in a timely manner. C) INSPECTION - A CITY Project Manager will inspect the work site and tree trimming operations of the Contractor, to assure that the Contractor is in compliance with the contract specifications. The CITY Project Manager will accompany the Contractor or his/her representative on an inspection of each tree to ensure that the Contractor has trimmed the trees to ANSI A300 and City standards. If the tree has not been trimmed according to the industry standards and City expectations, the contractor will be required to re -trim the tree at no additional cost. PS -09-10-16 26 D) NO PARKING SIGNS - The Contractor may be required to post a minimum of 48 hours in advance dated TEMPORARY NO PARKING — TREE TRIMMING signs on each individual tree designated for tree service on any and all roadways prior to servicing the area. E) DOOR HANGERS - Door hangers stating the City's intent to service trees are to be placed by the Contractor on homes abutting a street tree designated for trim 24 hours in advance. The door hangers should indicate the date that tree services will be rendered and the type of service to be performed. NOTE: NO TREE SHALL BE SERVICED BY THE CONTRACTOR ON ANY STREET UNLESS PRIOR NOTIFICATION IS GIVEN TO THE RESIDENT BY THE CONTRACTOR VIA NO PARKING SIGNS AND DOOR HANGERS. Contractor to provide door hangers. F) PROJECT SIGNS - The Contractor shall provide 36 -inch -by 36 -inch signs with appropriate stands to be located at each end of work site areas, and so placed as to be clearly visible to all approaching vehicular traffic. The signs shall read as follows: TREE TRIMMING AHEAD G) TRAFFIC CONTROL AND CONSTRUCTION SIGNS — The contractor will be required to obtain aright of way encroachment permit every six months, from the City planning counter. The contractor may be required to submit traffic control plans to the City traffic engineer. The Contractor shall take all necessary precautions during all phases of contract work to safeguard persons and property from injury and/or damage. The Contractor shall provide and maintain high -warning signs, traffic control signs, barricades, delineators, traffic cones, and flag persons as necessary to make the work areas safe. The Contractor must have a staff member available to direct pedestrians through a safe area of passage during all work times. Work may have to be temporarily halted for pedestrian passage, The Contractor must follow the guidelines provided from the current State of California Manual of Traffic Controls and WATCH (Work Area Traffic Control Handbook), The contractor will be required to have all crew members working within these zones Metrolink and Street Right of Way Certified per (WATCH MANUAL). The contractor and crew members will have ninety (90) days to complete these certificates. 3-06 DAILY PERSONNEL A) The Contractor shall maintain at the job site on a daily basis throughout the duration of the contract, adequate personnel to complete all work during the term of this contract. In the event that one contractor is awarded both contracts then this shall require two (2) full-time, tree crews and equipment for both divisions of the City that will provide comprehensive tree trimming service for areas listed. Otherwise each division shall require a minimum of one crew as described below. The daily crews, one for (Urban Forestry), and one for (LMD) shall each be a minimum three (3) man crew consisting of a working climbing foreman/crew leader who is a Certified Arborist, a second climber who is a Certified Tree Worker and one grounds -person. The foreman, or supervisor, must be a Certified Arborist by the Western Chapter of International Society of Arboriculture, and must be able to demonstrate efficient technical background. The foreman must be able to speak and read English clearly and convey all necessary contract instructions to his/her crew and the public at all times while on the job site. The foreman shall oversee and ensure that his/her crew is providing the City with high-quality work following the specifications and provisions of the contract. PS -09-10-16 27 All tree crewmembers shall assist each other with the goal of producing high quality and quantity of work per workday. No climbing spikes will be used by tree climbers during the course of this contract except in the case of tree removals. Use of climbing spikes may forfeit this contract and allow the City to seek reimbursement for damages. Contractor shall provide sufficient number of personnel to satisfactorily perform the work specified in this solicitation and as may be assigned. Contractor must perform all work in accordance with the specifications set forth herein. Contractors employees, whether assigned to any one Zone or as part of a crew serving any number of Zones shall include at least one individual crew foreman who speaks and comprehends the English language. The Contractors Field Supervisor's shall carry a mobile cellular phone and shall respond to call from the City staff within 15 minutes of the call. In the case of after hour's calls, two (2) hours maximum response time is allowed to arrive at the emergency location. The contractor and staff shall maintain mobile cellular phones, and be programmed to contact all key contractor staff, key city personal, local utility agencies and emergency services as needed for the duration of the contract Contractor shall be required to clearly identify and equip each vehicle used at said facility with decals on the exterior right and left front door panels identifying the Contractor's name, and phone number. Contractor shall require each of his employees to adhere to basic public works standards of working attire. These are basically; uniforms, proper shoes, hard hats and other gear required by State Safety Regulations (OSHA), and proper wearing of the clothing. Shirts shall be buttoned and wom at all times. Contractor and employees shall at all time dress in a company uniform that identifies their employer and employee and exhibit good customer service to City staff, City contracted `--' staff, residents and others throughout term of this contract. All communication will be professional in manner between all parties. The City may employ consulting Arborist Inspectors. These consultant monitors will be treated the same as other City of Santa Clarita staff. Unsatisfactory communication and service may be cause for contract termination. 3.07 DAILY EQUIPMENT ON SITE A) It is required that certain equipment shall be on the job site or within the City From 7:00 A.M. Monday morning to 5:00 P.M. Friday afternoon throughout the duration of the contract and shall be used for the purpose of the Tree Services as follows: Urban Forestry Division Two AERIAL LIFT TRUCKS (bucket trucks) with articulating booms that have working height of no less than 50 feet. ONE CHIPPER DUMP TRUCKS with a minimum load capacity of six yards. One large capacity self feeding brush chipper minimum 12 inch diameter feed. Minimum of one PICK-UP TRUCK. Landscape Maintenance District Division Two AERIAL LIFT TRUCKS (bucket trucks) with articulating booms that have working height of no less than 50 feet. ONE CHIPPER DUMP TRUCKS with a minimum load capacity of six yards. One large capacity self feeding brush chipper minimum 12 inch diameter feed. Minimum of one PICK-UP TRUCK. PS -09-10-16 28 J` All equipment mentioned above must meet OSHA and DMV requirements to operate within the City limits. Exception to 3-07: It is acceptable for the Contractor to remove equipment outside of the City limits for the purpose of dumping. Dumping outside of the City limits relieves the Contractor's obligation of daily equipment on site. Furthermore, is acceptable for contractor to remove equipment outside the City limits for repairs. However, equipment that is down for repairs over two days must be replaced by the contractor within three days of the first day equipment is out of operation. The City shall be noted if equipment is out for repairs or maintenance. The City requires a hydraulic stump grinder during removal procedures and it must also meet OSHA and DMV requirements. 3-08 EQUIPMENT CONDITION The Contractor shall use late model, mechanically sound equipment. if in the opinion of the City that equipment is in poor mechanical condition and is continually breaking down, then the City will require the Contractor to replace said equipment with properly operating equipment at no charge to the City. All cutting edges of chain saws, handsaws, pole saws, loppers, pole pruners, and other cutting equipment shall be kept sharp. No ripping or tearing equipment shall be used while trimming trees. Any ripping or tearing damage done to the trees will be repaired by a qualified tree surgeon, or the City will receive monetary compensation from the Contractor, in an amount determined by the Project Manager, that will be paid to the City, for the proper treatment of the damaged tree. 3-09 CHIPPED MULCH i It is the desire of the city to use chipped mulch. Material will be used in paseos and other City areas. The green waste generated from the regular trimming crew will be available to the city at no additional cost when the city is in need of mulch that has been processed through a chipper only. Quality of mulch must be approved by a City representative prior to delivery to specified area. Mulch from diseased or infected trees shall be processed separately and not used for mulching purposes. The diseased or infected mulch shall be taken to a landfill or another site approved by the City. The contractor is expected to identify majorly infected trees and notify the City of their condition prior to performing maintenance or removals. After the City has confirmed the infected trees than contractor can schedule work as needed to accommodate the separation process. 3-10 RESOURCES The contractor shall provide a list of equipment currently owned and the number of full time employees shall be included with bid. 3-11 WORK SCHEDULING The City will give the Contractor a monthly work assignment. Contractor shall, submit a work schedule to the Project Manager for review and approval. Said work schedule shall be set on a calendar identifying and delineating the time frames for the required functions by the day of the week, morning, and afternoon. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Said revisions shall be submitted to the Project Manager for his review, and if appropriate his approval, within five (5) working days prior to scheduled time for the work PS -09-10-16 29 3-12 TRIMMING MINIMUM HEIGHT All trees growing in the public right of way will be trimmed to provide adequate access for both vehicles and pedestrians. Trees along streets with vehicular traffic will be trimmed so the lowest branches are at least 14' above the roadway. Trees along sidewalks will be trimmed so the lowest branches are at least 8' above the walking surface. 3-13 NESTING SEASON — Part of the project may include tree work into the Migratory Bird Nesting Season. This season extends from February 15 until August 15 annually. Guidelines for working in areas observed to have nesting birds are included herein. All precautions listed in guidelines must be adhered to. Monetary fines incurred by the City due to contractor negligence, will be recouped by the City from contractor. See Attachment 2. 3-14 CONTRACTOR'S LIABILITIES All damages resulting from Contractor's operation within the City areas shall be repaired or replaced at Contractor's expense. All such repairs or replacements shall be completed within the following time limits.. a. Irrigation damage shall be repaired or replaced within one (1) watering cycle. b. All damages to shrubs, trees, turf, or ground cover shall be repaired or replaced within five (5) working days or sooner as directed by the City. All repairs or replacements shall be completed in accordance with the following maintenance practices. a. Trees If damage results in loss of a tree, the damaged tree shall be removed and replaced at Contractor's expense to comply with the specific instructions of Contract Administrator. The contractor may be charged the value of the tree according to the International Society of Arboricuiture (ISA) and the City of Santa Clarita Street Tree Ordinance (13.76 of the Santa Clarita Municipal Code - PARKWAY TREES.)AII replacement trees shall be maintained and watered when necessary for a minimum of 90 days to ensure proper establishment. b. Shrubs Minor damage may be corrected by appropriate trimming as required in Section 18, "Shrub and Ground Cover Care," of the Specifications. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the provisions in Section 18 "Shrubs and Ground Cover Care" of the Specifications. c. Chemicals Any damage resulting from chemical operations, either spray -drift or lateral -leaching shall be corrected in accordance with the aforementioned maintenance practices. Any soil damaged from chemical application shall be reconditioned or replaced to insure its ability to support plant growth. 3-15 INTERPRETATION OF THE MAINTENANCE SPECIFICATIONS Should any misunderstanding arise, Urban Forestry, or Special Districts will interpret this Agreement. If the Contractor disagrees with the interpretation of Special Districts, Contractor shall continue with the work in accordance with Urban Forestry or Special District's interpretation. Within 30days after receipt of the interpretation, Contractor may file a written request for a hearing before a Disputes Review Panel as provided hereinafter. The written request shall ouUine in detail the area of dispute. The Disputes Review Panel will be appointed by Urban Forestry, Special Districts and will be composed of not less than three (3) Qualified personnel or representatives having experience in the administration of tree maintenance contracts. The panel will convene within one (1) week of appointment in order to hear all matters related to the dispute. The hearing will be informal and formal rules of evidence will not apply. The Panel will submit its recommendation to Project Administrator for consideration, within one (1) week following the conclusion of the hearing. PS -09-10-16 30 Project Administrator shall render an interpretation based upon review of the Panel's recommendation. The Project Administrator's decision shall be final. 3-16 OFFICE OF INQUIRIES AND COMPLAINTS Contractor shall at all times, have some responsible person(s) employed by the Contractor to take the necessary action regarding all inquiries and complaints that may be received from the Home Owners Associations, property owners, and tenants within the City, personnel, representatives or patrons using the facility. This person(s) shall be reachable 24 hours per day. An answering service shall be considered an acceptable substitute to full time coverage, provided Contractor is advised of any complaint within one (1) hour of receipt of such complaint by the answering service. The telephone of said Contractor shall be on the exchange or exchanges of said District(s) or a toll-free number, and in no case shall the people of said District(s) be required to pay a toll charge to telephone said Contractor. During normal working hours, Contractor's Foreman or an employee of Contractor, at the supervisory level, who is responsible for providing maintenance services, shall be available for notification by telephone or radio communication. Contractor shall maintain a written log of all complaints, the date and time thereof, and the action taken pursuant thereto or the reason for non -action. The log of complaints shall be available for inspection by Urban Forestry, Special Districts at all reasonable times. All complaints shall be addressed as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the City. If any complaint is not resolved within 24 hours, Contract Administrator shall be notified immediately of the reason for not resolving the complaint followed by a written report to Contract Administrator within five (5) days. If the complaints are not resolved within the time specified or to the satisfaction of the City, the City may correct the specific complaint and the total cost incurred will be deducted from the payments owing to the Contractor from Urban Forestry and Special Districts 3-17 ADDITIONAL WORK City may arrange for supplemental Contractor personnel to cover (a) additional work needed due to extraordinary incidents such as vandalism, Acts of Nature or third party negligence for which Contractor will be compensated. Regularly occurring "bad weather" is not considered an Act of Nature for the purposes of this contract. Prior to performing any additional work, Contractor shall prepare and submit a written description of the work with an estimate including the hours and skill level of labor and a list of materials. No work shall commence without the written authorization from the City. Costs for additional work shall be at the labor rates used in establishing the costs of this contract and for material it shall be Contractor's cost plus no more than 10%. Contractor's costs will be established by copies of invoices. When a condition exists wherein there is imminent danger of injury to the public or damage to property, City may verbally authorize the work to be performed upon receiving a verbal estimate from Contractor. However, within 24 hours after receiving such verbal authorization, Contractor shall submit a proposal to be approved by Project Manager. All additional work shall commence on the specified date established, and Contractor shall proceed diligently to complete said work within the time allotted. All invoices submitted by Contractor for additional work shall include a detailed itemization of labor and/or materials. All invoices submitted by the contractor for additional work shall include a detailed itemization of labor and/or materials. All invoices for additional work and items must be submitted bi-weekly to the City. Awarded vendor to provide a sample invoice prior to beginning work. PS -09-10-16 31 3-18 COMPUTERIZED TREE INVENTORY The contractor will be required to submit electronic maintenance records for all tree trimming work activities. The submitted maintenance records shall be compatible with and input into the City's Arbor Pro Tree Inventory database. The electronic maintenance records shall be submitted electronically on Windows; excel spread sheets on a weekly basis. Contractor shall be responsible for supplying for each the Urban Forestry Division and the Landscape Maintenance District contract one of each (1) Arbor Pro Tree Inventory license, one laptop computer and one digital camera (laptop shall be capable of running the Arbor Pro Tree Inventory database software) laptops shall be made available for use in the field by contractor employees to collect and input tree inventory. 3-19 PHOTOS The City of Santa Clarita may request digital photographs of trees in the course of tree maintenance activities. This can include before and after pictures of trees assigned to the contractor. The City can request a digital, electronic and or printed copy of the trees photos. The photos shall contain the time, date, location and type of tree photographed. 3-20 GENERAL TREE PLANTING The City of Santa Clarita will request tree planting. The city will supply all materials for the planting of trees. This will include the tree, tree stakes, tree ties, trunk guards and root barriers when required. The contractor shall supply the labor for the proper installation of the tree. The contractor shall adhere to the requirements for the planting of City trees under this contract and the latest edition of ANSI standards for tree planting, and the Best Management Practices of the International Society of Arboriculture, which are based on the American Standards for Nursery Stock and the University of Califomia Extension Guidelines All work shall conform to the City of Santa Clarita Tree Planting Detail included in this bid. 3-21 QUALIFIED LINE CLEARANCE PERSONNEL The contractor shall obey the industry standards for tree trimming and Line Clearance operations as set forth by the latest edition of the OSHA and ANSI Z133.1 - Safety Requirements for Tree Operations. The contractor is required to have on staff and on site line clearance personnel during all tree operations in the vicinity of electrical transmission lines. Electrical transmission lines include but are not limited to electrical service, telephone and cable lines. The line clearance personnel shall be trained according to the industry standard as described in the ANSI and OSHA standards. Ongoing training and documentation shall conform to ANSI and OSHA requirements. PS -09-10-16 32 URBAN FORESTRY DIVISION DETAILED SPECIFICATIONS SECTION 4 4-01 MONTHLY ASSIGNED WORK The Contractor will be given a minimum of a months worth of work to be completed as part of the assigned duties and maintenance needs of the Urban Forestry Division. The Monthly Assigned Lists will be part of the overall yearly maintenance needs of the city and include the scheduled Tree Maintenance Grid Areas that need to be completed as part of the Five Year Trim Plan. In Addition the Contractor will be given other assigned work such as Parks, Trails and Facilities that will have an assigned schedule for completion. It is the duty of the Contractor to complete the assigned work as scheduled, in addition to any additional assignments. In general eighty-five percent (85%) of the scheduled work will be in neighborhood grid areas, parks, trails or selected streets. The other fifteen percent (15%) of the work will be in NON -grid areas and may be located throughout the City. Specifications for additional work shall be based on the needs of the City which arise from internal City Service Requests, Internal projects, citizen requests and other tree maintenance needs. This additional work will be put into ADDITIONAL WORK REQUESTS for the Contractor. It is expected that the Contractor shall assign supplemental resources to complete the regularly scheduled assigned work in addition to the Additional Work Requests. From time to time the City will request as additional work the removal of California Fan Palms. The number is estimated to be minimal PS -09-10-16 33 LANDSCAPE MAINTENANCE DISTRICTS DETAILED SPECIFICATIONS SECTION 5 5-01 MONTHLY ASSIGNED WORK The Contractor will be given a minimum of a two weeks worth of work to be completed as part of the assigned duties and maintenance needs of the Landscape Maintenance Districts. The weekly assigned lists will be part of the overall yearly maintenance needs of the city and include the scheduled tree maintenance zone areas that need to be completed as part of the four year trim plan. In addition the Contractor will be given other assigned tasks such as tree planting, tree counting, and integrated pest management that will have an assigned schedule for completion. It is the duty of the Contractor to complete the assigned work as scheduled, in addition to any additional assignments. Specifications for additional and extra work based on the needs of the City as ongoing scheduled work becomes necessary based on internal City Service Requests, citizen requests and other tree maintenance needs. These ADDITIONAL WORK SERVICE REQUESTS will be put into ADDITIONAL MONTHLY WORK REQUESTS for the Contractor. It is expected that the Contractor shall complete the regularly scheduled assigned work in addition to the Additional Monthly Work Requests. 5-02 CERTIFICATION OF SPECIALTY MAINTENANCE When applicable, Contractor shall include with the monthly invoice those specialty type Maintenance items completed. General tree maintenance reports shall be submitted weekly and at the end of each month a summary monthly service report. The following information shall include but not be limited to: a. Quantity and complete description of ail trees trimmed, removed, serviced or maintained. including date of service, location, by which staff and type of maintenance provided. b. Quantity of commercial and organic fertilizer(s) used. c. Quantity of all commercial pesticides d. A valid licensed California Pest Control Advisor's recommendations and copies of corresponding Agricultural Commissioners Pesticide Use Reports signed by a licensed California Pest Control Operator for all chemical, disease and pest control work performed. The report shall be accompanied by a listing of each material used, quantity used, the location of use, the date used, the applicators name and the license number under which the applicator was operating. e. All irrigation projects with detailed information as to the staff, day of work, materials and location f. Weed control as performed by hand or mechanical means, Report shall list area of work and the days and staff who performed the work. 5-03 PEST CONTROL ADVISOR It is anticipated that during the term of this project and in the daily prosecution of the various tree maintenance tasks required, many different diseases and infestations will be encountered. As an integrated part of this contract, the contractor shall have on staff or contract a California State Licensed Pest Control Advisor (PCA). This Pest Control Advisor will write recommendations and provide diagnostic support to the City on as needed basis. Copies of all state required reports will be provided monthly to the City. Proof of PCA license to be submitted with bid. PS -09-10-16 34 5-04 TREE INVENTORY GENERAL INFORMATION The contractor must be able to inventory a minimum of 750 trees per month to complete the project. The exact number of trees to be inventoried will be determined by the unit price bid. When the contractor is working for the City, they shall meet the City standards for uniform code. The contractor should always be dressed professionally with clothing that is fit for tree collecting and shall always be wearing a reflective vest and carry identification. Identification shall be a picture ID with the name of the company and job description, as well as a professional business card. If a resident should inquire about the contractor, the contractor shall explain the purpose of their work and direct the inquiry to the City and provide their name and company if asked . 5-05 TREE INVENTORY TASKS • LIVID shall formulate a list of zones that they will assign the contractor to be inventoried. • LIVID will put together an estimate amount of trees they have in each zone they wish to inventory. • The contractor shall coordinate with LIVID on what area the contractor will begin inventory. • Only one area will be done at a time, unless otherwise directed by LIVID • Before the inventory of an area, a preliminary meeting will be held with the contractor and a LIVID representative (a LIVID consultant, inspector, or City employee). • During this pre -inventory meeting, the City representative will provide the contractor with a detailed map(s) of the LIVID area that will be inventoried. • Once the preliminary meeting has been completed, the contractor can begin inventory. • The City will inspect the LMD area with the contractor and show the contractor the boundaries of the area, the difference from Urban Forestry trees, HOA trees, and private trees from the LIVID trees. • Any questions on LIVID responsibility or boundaries should be answered at this meeting. Any questions of tree responsibility, zone boundaries, or residential questions shall be addressed immediately to the City if questions or problems arise. • Data that is collected by the contractor and that is turned into the City for inspection and review will be turned around in a timely manner so as to not hold up the project. • The inventory process should be on a reasonable time schedule, agreed upon during the preliminary meeting. • Upon the completion of the inventory, the contractor shall tum in the area to the City for the City to check for quality control. Data will be submitted to the GIS division in a compatible format for the Arbor Pro software. • The City will do its inspection of the inventory in a timely manner by either a City employee or a City representative (consultant, inspector, alternate contractor). The post data review period by the City shall be agreed upon by the City and the Contractor. • If any discrepancies are discovered, the inventory will be given back to the contractor to recollect or edit the inventory prior to commencing the next area. • Only one zone shall be inventoried, Quality checked, at one time, unless otherwise directed by LIVID, 5-06 TREE INVENTORY REPORTING The contractor shall report progress on the number of zones and trees completed every two weeks. A complete report shall accompany the monthly invoice including month to date and year to date figures. 5-07 TREE INVENTORY PAYMENT • Once the City has reviewed the monthly inventory report and the data meets the City standards, the contractor will be paid within 30 days. PS -09.10.16 35 5-08 TREE INVENTORY DATA COLLECTION The following is a partial list of the required data fields that will be required for tree inventory data collection. All tree inventory data shall be submitted in a format compatible with the Arbor Pro Inventory System. Below is a list of the required data fields for Arbor Pro Data Tables. Arbor Pro Data Tables GPS: X-coordinate Y-coordinate Zone: Property Address On Address Parkway type: Behind Curb and Gutter Median Monolithic Other Park Parkway Substreet Tree well Tree well with grate Unimproved Location: Front Median Rear Side Other Right of Way in ft Status: Active Stump Vacant Inactive Condition: Critical Dead Excellent Good Fair Poor Stump Removal Vacancy NA Rec Maintenance: Priority 1 Prune Priority 2 Prune Priority 1 Removal Priority 2 Removal Dead Tree Removal Raise trim Full trim PS -09-10-16 36 Routine Prune Training Prune Stump Removal Infill Plant Clear Multiple Clear Stop sign Clear Street Light Clear Traffic Light Clear Traffic Sign Raise Sidewalk Raise Street Raise both NA DBH: Range Exact Height: Range Exact Crown Trunks Site # Value: $ Conflict with Overhead Utilities Species: Common name Botanical name Replacement Species: Common name Botanical name Inspection: Date By Upload: Date By Representational photo: PS09-10.16 37 Landscape Maintenance Districts Inventory List FY 2010-2011 Tree Trimming ON Golden Valley Rd. , Parkway Koelruetaria 75 T- Costco Medians Median Elderica Pine 25 lam Sierra Heights Slopes Koelruetaria 35 NS=4: Albertson N Parkway Robinias 25 Sunset Hills Slopes Pine 75 Canyon Crest W01 Sloe I Russ Lancea 40 - -_ Friendly Valle Median Pear 20 - - Rainbow Glen Slopes Eucalyptus 20 - Old Orchard Paseos Pines 40 Valencia Hills Paseo Various 30 Valencia Glen Paseo Various 70 = Valencia Meadows Paseo Various 70 s, South Valley North-Central Valle v Paseo Paseo Various Various 65 200 MOWN Valencia Summit Slopes Various 200 Northbridge Paseos Various 300 North Park Slo es Eucal tus 100 Ma'or Medians Medians Various 350 Ad Valorem Parkwa s Eucal tus 300 Circle J. Ranch Slo es Various 200 Circle J. Ranch Slo es Various 20 Circle J. Ranch Slo es Various 20 American Beau Villa a Slo es Eucal tus 20 lwla2lf�5- Stone Crest Slo es Various 30 Creekside Parkwa s Various 100 Valencia Industrial Center Parkwa s Various 100 Town Center — Parkwa s Eucal tus/Pe er 150 Bride ort Parkwa s Various 40 Golden Valle Center Parkwa s Various 20 Railroad Avenue Parkwa s Various 40 Mountain View s Slo es Various 60 MountainViewCou ards Slo es Various 60 Seco Villas Slo es Various 25 T Shan rl-La '° Slopes Various 75 PS -09-10-16 38 -} Urban Forestry Division inventory List FY 2010-2011 Tree Trimming Canyon Country Parkways Various 600 Canyon Country Parkways Various 1500 Sand Canyon Parkways Various 450 Newhall Parkways Various 400 Various Park Santa Clarita Park Park I Various 1 17 Old Orchard Park Park I Various I 150 125 500 PS -09-10.16 39 Attachment 1 2010 HOLIDAY SCHEDULE HOLIDAY New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving 1/2 Day for Christmas Eve Christmas Day 1/2 Day for New Years Eve New Year's Day DATE CELEBRATED Friday, January 1 Monday, January 18 Monday, February 15 Monday, May 31 Sunday, July 4 (observed Monday 7/5) Monday, September Thursday, November 11 Thursday, November 25 Friday, November 26 Friday, December 24 (observed Thursday 12/23) Saturday, December 25 (observed Friday 12(24) Friday, December 31 (observed Thursday 12/30) Saturday, January 1, 2011 (observed Friday 12/31) If a holiday should fall on a Saturday it will be celebrated the preceding Friday. If a holiday should fall on a Sunday, it will be celebrated the following Monday. PS -09-10-16 40 Attachment 2 Street Tree Trimming and the Migratory Bird Treaty Act Guidelines to follow prior to tree trimming activities • All workers shall visually check each tree for nests. Hawk nests are large and visible, but the majority of songbird nests especially the hummingbird nests, are small and very well camouflaged. • Observe for birds in the area of the tree. • Slowly search the tree for nest visually from top to bottom. • Even if birds are not observed in the area, the tree should still be searched nest thoroughly from top to bottom. • Finally, begin removing some branches while intermittently stopping and looking for nests. Guidelines to follow if nest is detected • Cease all work in the tree immediately. • Notify Supervisor and/or City contact. • Supervisor and/or City contact must notify project Biologist. • Flag Tree with tape. • Maintain a 200' to 500' NO WORK ZONE around the tree. • Do not commence work in the NO (WORK ZONE until project Biologist has given clearance to do so. Guidelines to follow if nest is damaged knocked down or bird is killed. • Cease all work in the tree immediately. • Notify Supervisor and/or City contact. • Supervisor and/or City contact must notify project Biologist. • Flag the tree with tape. • Establish a 200' NO WORK ZONE around the tree. • If bird is dead or injured do not attempt to pick it up or move it. • If nest is damaged in the tree or has fallen on the ground, leave it alone. • Do not commence work in the NO WORK ZONE until the project Biologist has given clearance to do so. Federal and State Laws • Nesting birds are afforded protection under the Federal Migratory Bird Treaty Act (MBTA) Section 703-712, as well as under the California Department of Fish and Game (CDFG) Code Sections 3503, 3503.5 and 3513 • All birds other than some non -migratory upland game birds (such as quail, grouse, and turkey) and non-native birds (European starlings, pigeons, and English house sparrows) are protected by the MBTA. Any unauthorized "take" of migratory birds is a violation of the MBTA, regardless of whether the responsible party intended to kill the birds. Federal and State Law Definitions • 'Take" is defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing or collecting, or attempting to do any of the above. • "Harm" is defined in the regulation as including destruction of habitat that kills or injures wildlife by significantly impairing essential behavior pattern, including breeding, feeding or sheltering. • "Harass" is defined as the likelihood of injury by annoying it to such an extent as to significantly disrupts normal behavior patterns, which include, but are not limited to, breeding feeding or sheltering. Federal and State Penalties The USFWS and the CDFG will issue citations and levy fines to individuals and companies that blatantly disregard the Federal and State Laws. PS -09-10-16 41 Bid Submission Checklist The following documents are required to be completed and submitted by the Contractor at the times specified by an X opposite each title. If no column is marked. document will not be required. With Bid Proposal (All Bidders) PS -09-10-16 42 With Agreement (Awardee only) Prior to Starting Construction (Awardee only) X Proposal X List of Subcontractors X Bidder's Bond X Violation Records X Staff and Equipment Form X References X Resources List X Certified arborist certificates X Certified tree worker certificates X Qualified line clearance personnel documentation X Copy of D-49 and C-27 licenses X Quality Control Plan X Green Waste Disposal Plan X Safety Manual X Contract Agreement X Bond for Faithful Performance X Payment Bond (for Labor and Material) X Certification of Public Liability and Property Damage Insurance X Certification of Worker's Compensation Insurance X Certification of Fire and Extended Coverage Insurance X Preconstruction Meeting X Permits X Emergency Contract Information PS -09-10-16 42 Violation Records 1) Please attach the last six (6) months of tailgate safety meeting records, including employee sign in sheets and topics covered. 2) In the year of 2009, what was the longest stretch of days worked without an accident in the tree maintenance division? a. ctv -c:t nE c t Ude •-tom 3) Please provide any sustained complaints made to your company within the past four (4) years to Cal-Osha. a. — { 4) Please provide any sustained complaints made to your company within the past four �.., (4) years to the California State Contractor Board in regards to your D-49 and C-27 license. I a. All the information for items 1 - 4 can be placed on CD -Rom and submitted with bid. PS -09-10-16 43 RESOURCES FOR LANDSCAPE MAINTENANCE DISTRICTS The bidder will complete the resource form and return it with the bid. i 2. 3. 4. 5. 6. 7. 8. 9. 10. Number of aerial lift trucks (flat bed bucket trucks) with an articulating boom that have a working height of no less than 50 feet._ Number of chipper dump trucks with a minimum load capacity of 6 yards. Number of chippers that meet all OSHA requirements. Number of pick-up trucks. Number of stump grinders. Number of full time tree worker employees. Number of ISA certified arborist's Number of ISA Certified tree workers. Number of qualified line clearance employee Number of full time employees 5 2.� LS� SAY (6-dt �' P, ',Z;a -f-V\ Certified Arborist's name, certificate number and expiration date: Name: 7a i� rbn ,-\ 300,11 Certificate #: 41 c- - z4 A Certified Arborists' years of experience: )z „r6.5 — --7- vrnr s PS -09.10-16 44 A RESOURCES FOR URBAN FORESTRY DIVISION The bidder will complete the resource form and return it with the bid. 2. Number of aerial lift trucks (flat bed bucket trucks) with an articulating boom that have a working height of no less than 50 feet._ 2. Number of chipper dump trucks with a minimum load capacity of 6 yards. S 4. Number of chippers that meet all OSHA requirements. 4. Number of pick-up trucks. 5. Number of stump grinders. Z 6. Number of full time tree worker employees. 2S 7. Number of ISA certified arborist's 2 8. Number of ISA Certified tree workers. 9. Number of qualified line clearance employees_ II 10. Number of full time employees "I � fawt Led c Certified Arborist's name, certificate number and expiration date: Name: l arlt7S onl/nz,G. -- 1PAf5av, 'C61iL_ Certificate #: tit e� -5ZA3 A- _ WE' — L> -Certified Arborists' years of experience: lam: Ps09-to-16 45 DESIGNATION OF SUBCONTRACTORS Listed below are the name and location of the place of each subcontractor who will perform work or labor or render service in excess of Y: of 1 percent of the prime Contractor's total bid: Name: _ Business Address: 0 Telephone No. Contractor's License No. Bid Schedule Item Nos. Description of Work _ Class Dollar Value of Work: Expiration Date_ --------------- --------------------------- Name: -- — Business Address: Telephone No. Contractor's License No Bid Schedule Item Nos. Description of Work _ PS -09-10.16 Class Expiration Date Dollar. Value of Work: rra 1� Name: Business Address: Telephone No. Contractor's License No. Bid Schedule Item Nos Description of Work Name: Business Address: Telephone No. Contractor's License No. Bid Schedule Item Nos Description of Work Ps -09-10-16 Class Expiration Date Dollar Value of Work: Class Expiration Date Dollar Value of Work: 47 REFERENCES REFERENCES Must be for jobs with a similar size and scope of work. Bidder shall provide five (5) references with two referenced areas being located within fifty (50) miles from Santa Clarita, California. All other references submitted shall be for locations in which Bidder has provided tree trimming/pruning maintenance services for a period of not less than two consecutive years. All references shall be of a similar type facility in nature. Only three references of the five can be from the same agency the remaining two references shall be from different agencies or businesses. All references shall be evaluated and areas managed by contractor shall have site inspections. Contractor's Name: S l of l CI S COIJAXA, kn(z Who the work was done for. L YVl mr c1 S LF C� t 71tY1 V Address: i t dwalV, P& , ::�Unsnnd Telephone No: Contact Persor Date Work Completed 2 —1 7_ — !O Contractor's Name: -Cfay C rnk\-M,5 conn' kr\ I 6')C Who the work was done for: L—Q (�°� t Address:] Telephone No: Contact Persor Date Work Completed rt \R Contractors Name: Who the work was done for: G Vn tM?( - iWAMIEWMMILIMIMM Telephone No: 3167 — 2n"7— 3j A O IJ Contact Person: mar Gtr O6 P Date Work Completed 2 Jc �tn�Lt �2 fS SFSV:cePi 2UCl V Vert V PS -05.10-16 48 -j REFERENCES CONTINUED REFERENCES Must be for jobs with a similar size and scope of work. Bidder shall provide five (5) references with two referenced areas being located within fifty (50) miles from Santa Clarita, California. All other references submitted shall be for locations in which Bidder has provided tree trimming/pruning maintenance services for a period of not less than two consecutive years. All references shall be of a similar type facility in nature. Only three references of the five can be from the same agency the remaining two references shall be from different agencies or businesses. All references shall be evaluated and areas managed by contractor shall have site inspections. Contractor's Name: ISS G, 111 -AS CnAICA, lr fQ �ia-Ses Who the v Address: Telephone No IR — Contact Person: tttS_ Date Work Completed !Sf"`Ced 1l,teY Contractor's Name:7SS �1 inG�S �x'te� 6C - Who the work was done for:�'-W11 f Crmrhon"45s, Nt3SMA 2tOiPaC+ Address: xw(\ Telephone No i 1/) Contact Person: Date Work Completed `h !i n ! rFswa Contractor's Name: Who the work was done for: Address: Telephone No: Contact Person: Date Work Completed_ l PS -09-10-16 as gboty°i PRICING LANDSCAPE MAINTENANCE DISTRICTS TREE MAINTENANCE SERVICE PRICES BID PS -09-10-16 Cost to trim trees, identify and count trees, plant trees, and integrated pest management regardless of species or size to the specifications outlined in this bid within the City of Santa Clarita Right of Way (parkways, medians, slopes and paseos). The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter or that number of trees will be trimmed. LANDSCAPE MAINTENANCE DISTRICTS INVENTORY LIST: 4 inches -9.99" inches (850 units) 10" inches —16.99" inches (850 units) 17" inches — 23.99" inches (800 units) 24" inches — 31.99" inches (300 units) 32" inches — 60" or larger (200 units) 1. Trimming cost per tree based on Unit price regardless of size: $ x 3,000 each= $ ( 9 (�COO (unit price) (extended total price) REMOVALS Unit pricing to remove trees based on individual units of trees regardless of size. Cost to remove the following trees by units regardless of species to the specifications outlined in this bid for the Urban Forestry Division. The number in parentheses is an estimated number of trees for each diameter. It is not a auarantee there will be that number of trees in each diameter. Depending on available funds the LANDSCAPE MAINTENANCE DISTRICTS INVENTORY LIST FOR REMOVALS: 7"— 12.99" DBH (30 units) 13" —18.99" DBH (30 units) 19"-24.99" DBH (30 units) 25'— 30.99" DBH (30 units) 31"— 36.99" DBH (15 units) 37"-42.99" DBH (10 units) 43" and up DBH (5 units) PS -09.10-16 50 ' 2. Removal cost per tree based on Unit price regardless of size : $'Lt2 x 150 each = $� w;t (unit price) (extended total price) 3. Tree identification and counting prices regardless of the trees species or size. See 5-04, for specifications. $� x(7,500) each= $�2 yFJD (unit price) (extended total price) 4. Total extended price for tree planting. See page 52, for quantities and specifications. 5. Total extended price for Integrated Pest Management. See page 53, for quantities and specifications. 6. GRAND TOTAL FOR ITEMS 1 — 5. $-)-IO k (ex ended total price) (e Bended total price) (grarfd total) The total extended prices above determines the low bid for the Landscape Maintenance District PS -09-10-16 51 PRICING: TREE PLANTING Landscape Maintenance Districts Please list the unit price for the following tasks. These rates will be used in evaluating the bid, and will be used in evaluating cost estimates for additional work requested by the City under this Contract. The minimum tree and or root barrier requests for installation will be (7) seven. Include all labor and material costs. In Numbers: $ q TOTAL EXTENDED PRICE ADD LINES 1-5 Write in the cost on Write in cost: page 51 of bid. ZcDer�j or'r- l��ov�andl ci�p� Lw See page XX for the link to access Appendix A which includes instructions for tree planting, tree staking & Merit application instructions. PS -09-10-16 52 EXTENDED LINE DESCRIPTION UNIT OF UNIT PRICE ANNUAL PRICE MEASURE QUANTITY (unit price x quantity) 1 Installation of tree — 15 container 15 gallon tree(60) ti�jS V m gallon Sixty 2 Installation of tree — 24 inch box (60) 24 inch box container, tree (S ' Sixty * atC101) 3 18 -inch deep by ten foot 10 foot length (60) long root barrier along theL`.�' sixty curb of each tree planting lengths site. 4 18 -inch deep by ten foot 10 foot length (60) long root barrier along the Sixty sidewalk of each tree lengths planting site. 5 Any additional costs to install trees and root barriers. In Numbers: $ q TOTAL EXTENDED PRICE ADD LINES 1-5 Write in the cost on Write in cost: page 51 of bid. ZcDer�j or'r- l��ov�andl ci�p� Lw See page XX for the link to access Appendix A which includes instructions for tree planting, tree staking & Merit application instructions. PS -09-10-16 52 �J Pricing: Sheet Integrated Pest Management Landscape Maintenance Districts Please list the unit price for the following tasks. These rates will be used in evaluating the bid, and will be used in evaluating cost estimates for additional work requested by the City under this Contract. The minimum Integrated Pest Management requests for soil drenching will be (25) twenty five. Include all labor and material costs. LINE DESCRIPTION DSH UNIT COST ESTIMATED EXTENDED MERIT ANNUAL PRICE SOIL INJECTIONS QUANTITY (ont[cosat uat'nfity) 1 4 inches — 9.99" inches 200 QO 2 10" inches —16.99" inches 300 11 cJ66 3 17" inches — 23.99" inches V0 ` 275 1 j r 3 7�5 4 24" inches — 31.99" inches 5 200 Q ©` ' 5 32" inches — 60" or larger 46 ' 100 Q a 6 Fertilizer application cost per tree based on unit 350 price regardless of size. 5 ` �'j0 ' Liquid soluble 46-0-0 High Nitro en armlications. 7 Fertilizer application cost - per tree based on unit 350 price regardless of size.' Liquid soluble 20-20-20 macro -micro -elements Fertilizer applications. 8 Any:additional costs to complete each, request. Please explain: TOTAL COST ADD In Numbers: $ �g G LINES 1-8 Write in the cost on Writ In cost: , E`� %h page 51 of bid. SSa1J Q PS -08.10-16 53 URBAN FORESTRY DIVISON TREE MAINTENANCE SERVICES PRICES BID PS -09-10-16 TRIMMING Unit pricing to prune / trim trees based on individual units of trees regardless of size. Cost to trim the following trees by units regardless of species to the specifications outlined in this bid for the Urban Forestry Division. The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter. Depending on available funds the URBAN FORESTY INVENTORY LIST: 7"— 12.99" DBH (1400 units) 13'— 18.99' DBH (1100 units) 19"-24.99"DBH (700 units) 25" — 30.99" DBH (400 units) 31"— 36.99" DBH (250 units) 37-42.99" DBH (125 units) 43" and up DBH (25 units) 1. Trimming cost per tree based on Unit price regardless of size : $ A3 x 4,000 each =s 1]2 YI tjo (unit price) (extended total price) 2. Trim California Fan Palms ( Washingtonia filifera) (100 units) Average size is 40 feet. $ 3q x 100 each =$ 3, N.Qo ` " (unit price) (extended total price) REMOVALS Unit pricing to remove trees based on individual units of trees regardless of size. Cost to remove the following trees by units regardless of species to the specifications outlined in this bid for the Urban Forestry Division. The number in parentheses is an estimated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter. Depending on available funds the overall ouantfty may change up or down. If the quantity chanoes, it will change the same percent amount for all categories PS -09-10-16 54 r URBAN FORESTY INVENTORY LIST FOR REMOVALS: 7"— 112.W DBH (50 units) 13"— 18.99'DBH (50 units) 19'-24.99" DBH (50 units) 25" — 30.99' DBH (50 units) 31"-36,99" DBH (30 units) 37'-42.99' DBH (15 units) 43" and up DBH (5 units) 3. Removal cost per tree based on Unit price regardless of size : $) iL x 250 each (unit price) (extended total price) 4. GRAND TOTAL FOR ITEMS 1 — 3. $ �L�S . 6 S D (grand total) The total extended price above determines the low bid for the Urban Forestry Division PS -0310.16 55 PRICING TOTALS TOTAL EXTENDED PRICE FOR ALL LANDSCAPE MANTENANCE DISTRICTS WORK Includes: Trimming costs Removal costs Tree identification Tree planting Integrated pest management TOTAL EXTENDED PRICE FOR ALL URBAN FORESTRY DIVISION Includes: Tree trimming Trim California Fan Palms Tree Removal $23T65C5. The City will award a contract to the low bid for the Landscape Maintenance District and the low bid for the Urban Forestry Division. PS -09-10-16 56 LANDSCAPE MAINTENANCE DISTRICTS The following pricing requested is for additional work and emergency call work for the Landscape Maintenance Districts. The City does not include travel time in the per hour or per day costs. These costs, If necessary, must be included in the mobilization charge. ADDITIONAL CREW PRICING PER DAY Scheduled Additional Crew; price per eight hour day for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $ j pon - - Price per eight hour day $ _43_ Mobilization charge Scheduled Additional Crew; price per eight hour day for four -man crew and equipment that meets the following requirements: A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) j climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks (minimum 50 ft), one (1) large capacity dump truck(minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1—ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $ L4 LAI) Pride per eight hour day Mobilization charge Scheduled Additional Crew; price per eight hour day for three-man crew and equipment that meets the following requirements: A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist, one (1) climber / trimmer— Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck (minimum height of 50 feet tall), one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $` n , 4 Pride per eight hour day $ Mobilization charge PS -09-10-16 57 LANDSCAPE MAINTENANCE DISTRICTS EMERGENCY CALL PRICING two hour minimum After hour and emergency call out price per hour for five -man crew and equipment that meets the following requirements: (Minimum two hours) A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons, equipment to include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 of cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick- up truck and sufficient chain saws for trimming and large removals. $3uf'. Price per hour Mobilization charge After hour and emergency call out price per hour for four -man crew and equipment that meets the following requirements: (Minimum two hours) A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1—ton utility box pick-up truck, and sufficient chain saws for trimming and large removals. $24th' Price per hour $ -45�-- Mobilization charge After hour and emergency call out price per hour for three-man crew and equipment that meets the following requirements: (minimum two hours) A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist, one (1) climber / trimmer— Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck minimum height of 50 ft feet tall, one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $ I en, - Price per hour $ _e' - Mobilization charge PS -09-10-16 58 LANDSCAPE MAINTENANCE DISTRICTS ADDITIONAL WORK RATES - TREE & STUMP REMOVALS $iM' . _ each 7"- 12.99" DBH $ Llap ' ' each 13"— 18.99" DBH $ Roo ' ' each 19"— 24,99" DBH $1, Ino ' " each 25"-30.99" DBH $ ( g�{p ' each 31"-36.99" DBH $l1 ' each 37" — 42.99" DBH $ 7/r ' " each 43" and up DBH PS -09-10-16 59 LANDSCAPE MAINTENANCE DISTRICTS ADDITIONAL WORK PERSONNEL HOURLY RATES PERSONNEL NORMAL WORK HOURS AFTER HOURS NORMAL WORK HOURS AFTER HOURS Truck 50'— 60' Certified Arborist Hourly Rate ffiEO" Hourly Rate * Sb ` Tree Trimmer Hourly Rate tJo' Hourly Rate $(P6 " Hourly Rate * 61) " Hourly Rate Ground Worker Hourly Rate J� � � Hourly Rate 60 ' Laborer Hourly Rate t 40 � " Hourly Rated Cab' Crew Foreman Hourly Rate :t J,0 4 Hourly Rate "0 Chemical Applicator Hourly Rate it 5f), . Hourly Rated _4h ` Truck Driver Hourly Rate 44r) " Hourly Rate 66 Water Truck & Operator Hourly Rate $5r7" Hourly Rate !J-0' Supervisor Hourly Rate ffi 5bL" Hourly Ratej7 ' Certified Tree Worker Hourly Rate $5f) " � Hourly Rate 171) ' EQUIPMENT HOURLY RATES FOR ADDITIONAL WORK PS -09-10-16 60 NORMAL WORK HOURS AFTER HOURS Aerial Tower/Bucket Truck 50'-60' Hourly Rate $2":5n Hourly Rate 5 0 Truck 50'— 60' Aerial Tower/Bucket Truck 60' plus Hourly Rate Hourly Rate One Ton Pick-up Truck Hourly Rate 'k F 0 Hourly Rate Stump Grinder Hourly Rate t cpn - ' Hourly Rate Clamloader/Tractor Hourly Rate * 61) " Hourly Rate Large Capacity Dump Truck Hourly Rate §p . Hourly Rate Chipper Truck with Chipper Hourly Rate Hourly Rate PS -09-10-16 60 ADDITIONAL PRICING CONTINUED Please list the unit price, EXCLUDING part(material costs, for the following tasks. These rates will not be used in evaluating the bid, but may be used in evaluating cost estimates for additional work requested by the City under this contract. PS -09.10.16 61 EXTENDED LINE DESCRIPTION UNIT OF UNIT PRICE ESTIMATED PRICE MEASURE ANNUAL (unit price x QUANTITYquantity) 1 Price for water truck and Day rate driver. For watering street trees throughouty}(�8 Citv riht of wa . 2 18 -inch deep by ten foot 250 ten foot (250) Two long root barrier along the lengths hundred and fifty,Ibr 58 curb and gutter of each ��� tree olantinq site. 3 18 -inch deep by ten foot 250 ten foot (250) Two long root barrier along the lengthshundred and sidewalk of each tree ��3 fifty r niantina site. 4 Installation of tree One gallon (50) Fifty One gallon container. 5 Installation of tree Five gallon (150) One Five gallon container. $7-D hundred and Fifty3l� 6 Installation of tree — 24 inch box (250) Two 24 inch box container, tree � ' hundred and IQ7 53r +rl ` fifty Installation of tree — 15 gallon tree 7htundred 15 gallon container 65 PS -09.10.16 61 URBAN FORESTRY DIVISION The following pricing requested is for additional work and emergency call work for the Landscape Maintenance Districts. The City does not include travel time in the per hour or per day costs. These costs, if necessary, must be included in the mobilization charge. ADDITIONAL CREW PRICING PER DAY Scheduled Additional Crew; price per eight hour day for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $l 9tn Price per eight hour day $ Mobilization charge Scheduled Additional Crew; price per eight hour day for four -man crew and equipment that meets the following requirements: A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks (minimum 50 ft), one (1) large capacity dump truck(minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1–ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $1 11Hh ` Price per eight hour day $ — Mobilization charge Scheduled Additional Crew; price per eight hour day for three-man crew and equipment that meets the following requirements: A three (3) person crew to consist of one (1) supervisor / trimmer / climber – Certified Arborist, one (1) climber / trimmer– Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck (minimum height of 50 feet tall), one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $I ngqn' ' Price per eight hour day $ -CD- Mobilization charge PS -09-10-16 62 URBAN FORESTRY DIVISION EMERGENCY CALL PRICING two hour minimum After hour and emergency call out price per hour for five -man crew and equipment that meets the following requirements: (Minimum two hours) A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified Arborist, two (2) climbers / trimmers/ Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 of cubic yards), one (1) large self feeding large diameter chipper, one (1) 14on utility box pick- up truck and sufficient chain saws for trimming and large removals. $-3[t-- Price per hour $ Mobilization charge After hour and emergency call out price per hour for four -man crew and equipment that meets the following requirements: (Minimum two hours) A four (4) person crew to consist of one (1) supervisor / trimmer -Certified Arborist, 2 (two) climbers / trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1—tan utility box pick-up truck, and sufficient chain saws for trimming and large removals. $ter, • . Price per hour $ .p— Mobilization charge After hour and emergency call out price per hour for three-man crew and equipment that meets the following requirements: (minimum two hours) A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist, one (1) climber / trimmer— Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck minimum height of 50 ft feet tall, one (1) large capacity dump truck (minimum 6 cubic yards), one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck and sufficient chain saws for trimming and large removals. $1R,0' - Price per hour $ -a— Mobilization charge PS -09-10-16 63 URBAN FORESTRY DIVISION ADDITIONAL WORK RATES -TREE & STUMP REMOVALS REMOVALS Cost to remove trees including stump, regardless of species based on unit price per inch diameter of tree measured at Diameter at Breast Height (DBH) Cost Per Inch $ 5-3 Cost to remove California Fan Palms (Washingtonia filifera) Cost per foot of trunk $ ( S " CHIPPED MULCH Price for chipped mulch as outlined below: Up to 500 yards price per yard $ k S 500 to 1000 yards price per yard $ TREE PLANTING Price for street tree planting as outlined: Price to plant without root barrier 15ga1$ (c5- ~ 24" box $ 2A'Q " 36" box $ 3-02 ROOT PRUNING Price to plant with root barrier 12" x 10' 15 gal $ .1 it) 24" box $ 2 U " 36" box $ TEO ' Street tree root pruning by without root barrier 12 inches deep $ (00 per foot Street tree root pruning by with root barrier 12" barrier $ per foot Street tree root pruning by without root barrier 18 inches deep $ (1c) per foot Street tree root pruning by with root barrier 18" barrier $ 1-S per foot PS -09-10-16 I-V Laborerwith Hourly Rate 1? Weed Whippers Laborer with HD Hourly Rate %k{b Weed Equipment �? Plant & Health Hourly Rate_ V Care Consultant Plant & Health Care Tech HourlyRate t Hourly Rate E660 ` Hourly Rate 60 ' tb 1A0 Hourly Rate k7,n s 6 Hourly Rate PS -09-10-16 65 URBAN FORESTRY DIVISION ADDITIONAL WORK PERSONNEL HOURLY RATES PERSONNEL NORMAL WORK HOURS AFTER HOURS Certified Arborist Hourly Rate 560 , * Hourly Rate 4!45 Certified Tee Hourly Rate Lin Hourly Rate 0 6,t Trimmer Journeyman Hourly Rat Hourly Rate Trimmer Apprentice Trimmer Hourly Rate Hourly Rate Grounds Person Hourly Rate 44D Hourly Rate $ 66 ' Tractor/Clamloader HourlyRate 5 `(© Hourly Rate Operator Truck Driver Hourly Rate X10 ' Hourly Rate + &b Irrigation Tech Hourly Rate OLID Hourly Rate -.17 CO ' Irrigation Laborer Hourly Rate t 40 Hourly Rate 1,60' / Supervisor Hourly Rate 5/j ' Hourly Rate 'lt'i'}O ` Foreman Hourly Rate 40 Hourly Rate t 6©' Consulting Arborist Hourly Rate ,b6D Hourly Rate A S6' PCA Advisor Hourly Rate $ lbD ' Hourly Rate 4, t2 Laborer with Hourly Rate 44f) Hourly Rate I -A ' Hand Tools Laborer with Hourly Rate !�6D Hourly Rate $,So Trencher Laborerwith Hourly Rate 1? Weed Whippers Laborer with HD Hourly Rate %k{b Weed Equipment �? Plant & Health Hourly Rate_ V Care Consultant Plant & Health Care Tech HourlyRate t Hourly Rate E660 ` Hourly Rate 60 ' tb 1A0 Hourly Rate k7,n s 6 Hourly Rate PS -09-10-16 65 URBAN FORESTRY DIVISION EQUIPMENT HOURLY RATES FOR ADDITIONAL WORK NORMAL WORK HOURS AFTER HOURS Aerial Tower/Bucket Truck 50'-60' Hourly Rate4�O Hourly Rated -0 Truck 50'— 60' Aerial Tower/Bucket Truck 60' plus Hourly Rate -IwS6 Hourly Rate $70 • - One Ton Pick-up Truck Hourly Rate�4SO Hourly Rate ffi10 Stump Grinder Hourly Rate 9>c—j6 ' Hourly Rate Clamloader/Tractor Hourly Rate AGO Hourly Rated � Large Capacity Dump Truck Hourly Rate 5b Hourly Rate—$— Chipper Truck with Chipper Hourly RateSD ' Hourly Rate6-[n ` PS -09-10-16 66 General area maps of the Landscape Maintenance Districts and the Urban Forestry Division are available at the following link. Appendix A includes instructions for tree planting, tree staking and Merit application at the following link: http://www, santa-clarita.com/citvhall/ad min/purchasing/PS-09-10-16/ PS -09-10-15 67 PROPOSAL GUARANTEE BID BOND Landscape Maintenance District Tree Maintenance Service Bid No. PS -09.10-16 City of Santa Clarita, California ISS Grounds Control, Inc. \KNOW ALL MEN BY THESE PRESENTS that as BIDDER, 9nd Westchester Fire Insurance CDmpanV as SURETY, are held and ,i firmly bound unto the City of Santa Ctarita, as AGENCY, in the penal sum r dollars ( u3,.se ),which is ten percent (109/6) of the total amount bi y BIDDER to AGENCY for the abdve-stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. �y THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to Orr submit a bid to AGENCY for the above -stated project, if said bid is rejected, or'rf said bid is V � accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this loth day of May ,20 10 ISS Grounds Control, Inc. 23236 4h/- ZSf-7147 r I/ T(rsL¢. n-h'�I �nn� Aq / %G 2¢z SURET• Westchester Fire Insurance Company 436 Y , �---. Victoria P t ovino Attorney -in -Fact Marsh USA Inc.,One State St, Hartford CT 06103 V—a —JV4J Subscribed and swomto this 10th day of May 20 t0• 41 My commission expires NOTARY PUBLIC ! i l'. /J �� Cynthia L. Chasse 813112014 address aid telephone and numbs for authorized address, nd telephone number and the name, title, IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Departments most current list (Circular 570, as amended) and be authorized to transact business In the State where the project is located. 69 PS -09-10-10 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Westchester fire Insurance Company of New York, New York, organized under rhe laws of New York, subject to its Arncks of Incorpotnrion ororherfundiamental organizational docununtt. @ hereby authorized to rransact within thls Stare, subfect to all provisions of Mis Cerrificare, tirefollowing cl=es of insurance: Yin, Marine, Swrty, IXsabiBry, Plate Glatt, (lability, Workmen's Compensation, Common Carrier liability, Bailer and Machinery, Burptary, Credit, Sp»mkler, Tema and Vehiek, Automobile, Ai vrq/t, and Mitedidneous ar such classes are now or may hemgier be defined in the Insurance laws of the State, of Callfornia. THIS CERTIFICATE Is esprersly conditioned upon the holder hereof now and hereafter being in fill compliance with all, and nor in violation of any, of the apphcabk laws and lawful requirements made under aruhonry of the laver of the State of California at long as such laws or tequirenunts are in effect and applicable, and as such laws and r quirements now arc, or may heregller be changed or amended. IN WITNESS WHEREOP, effective as afthe is; day ofJuly, I9S6, 1 have hereunto set my hand and caused my official seal to be 46Tred this 27th day ofAugust, 1956. Fee $10.00 F. Britton McConnell mroa,kr co,„,uro... Ree. Na- 144567 Flied 7-1-56 By orpy Cengficasion 1, the undersigned buurattce Commissioner ofthe State ofCa4lbrnla, do hereby ccChar l have compared the above copy ofCeitlflcae gfAuthority with die duplicate of original now onfMk In my office, and that the some Is a full, true, and correct transcript thereof, and of the whole ofsald dtrplicare, and said QmUleare of Authority is mow in full farce and 0*ct. IN WITNESS WHEREOF, 1 hate hereunto set my hand and caused my official seal to be affixed this 71h day of October, 1994. John Garamendi /ti.wncr Caw�IRfwtrr Icssese O. Riven ar" WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 2009 ADMITTED ASSETS BONDS $2,060,239,269 SHORT-TERM INVESTMENTS 21,402,589 STOCKS 0 REAL ESTATE 0 CASH ON HAND AND IN BANK 5,053 PREMIUM IN COURSE OF COLLECTION' 106,852,028 INTEREST ACCRUED 18,645,574 OTHER ASSETS 252,407,271 TOTAL ASSETS $2,459,551,784 LIABILITIES RESERVE FOR UNEARNED PREMIUMS $284,403,553 RESERVE FOR LOSSES 1,226,008,303 RESERVE FOR TAXES 1,902,245 FUNDS HELD UNDER REINSURANCE TREATIES 0 OTHER LIABILITIES 139,987,368 TOTAL LIABILITIES 1,652,301,469 CAPITAL: 928,592 SHARES, $4.85 PAR VALUE 4,503,671 CAPITAL: PAID IN 187,844,877 '1 AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 85,912,680 SURPLUS (UNASSIGNED) 528,989,087 SURPLUS TO POLICYHOLDERS 807,250,315 TOTAL $2,459,551,764 (*EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P. Taylor, being duly swom, says that he is Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2009. Sworn before m�thisrn6Ax-IL— ZU l o VicePresident J Notary Public GOMMC"EALTH OF PENNSYLVANIA Notattal Seel � Olane Wttght Notary PUb1b `" C}ty pf PtuladrlPhla. Pglla6elPhla County MY Can°rbalof' Cr<p1r°' Aug" 8, 2D71 amoer Panna}twauia Aaaodatbn ct Noterioa � -_)_a 0 My con fission expires BID SECURITY FORMS FOR CHECK OR BOND TO ACCOMPANY BID NOTE: The following form shall be used in case check accompanies bid. Accompanying this Proposal is a 'certified/cashier's check payable to the or ler of the City of Santa Clarita for: ollars ($ ), this amount being not less than ten percent (10%) of the'total amount of the bid. The proceeds of this check shall become the property of said AGENCY provided this Proposal shall be accepted by said AGENCY through action of its IeAally constituted contracting authorities, and the undersigned shall fail to execute a contract an� furnish the required bonds within the stipulated time; otherwise, the check shall be returnedAo the undersigned. Project Name: Urban Forestry Tree Maintenance Bid # PS -09-10-16 CO " Delete the inapplicable NOTE: If the bidder desires to use a bond instead of a check, the following form shall be executed. The sum of this bond shall be not less than ten percent (10%) of the total amount of the bid. PS -09-10-16 70 PROPOSAL GUARANTEE BID BOND Urban Forestry Tree Maintenance Service Bid No. PS -09-10.16 City of Santa Clarita, California ISS Grounds Control, Inc. as BIDDER, KNOW ALL MEN BY THESE PRESENTS that ,and Westchester Fire Insurance Company as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars( 65 " ' 1. which is ten percent (10%) of the total amount bBIDDER y to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. r THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, ff said bid is rejected, or if said bid Is accepted and the contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREAS, the parties hereto have set their names, titles, hands, and seals, this 1Oth day of _ May PO to SURETY* _ Westchester Fire Insurance Company 436 Walnut St, Philadelphia, PA 19106 ALL' -1 Victoria P./Jovino Attorney -in -Fact Marsh USA Inc., One State St, Hartford CT 06103 860-723-5645 Subscribed and sworn to this loth day of May , 2010. NOTARY PUBLIC L. Chasse My commission expires *Provide BIDDER pho a number TY aumte, address, and telephone number and the name, title, IMPORTANT - Surety Companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State where the project is located. 71 PS -09-10-16 NON -COLLUSION AFFIDAVIT Landscape Maintenance District & Urban Forestry Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California TO BE EXECUTED BY EACH BIDDER OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )) § Tve d&i4sfr s4r,W1:;,CA_41Wl NNpp Co. -IN � AidO&being first duly sworn, deposes and says that he or she is Mot' of 15 the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, cr paid, and will.1 not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." JURAT State of California County of L AQ4fAe-S Subscribed and sworn to (or affirmed) before me on this 7 iM day of 20 lfl , by �1 Q xAf t s j 1Jai� r� �a IoI LG personally known to me or proved to me on the basis of satisfactory evidence to be the person (s) who appeared before me. i (SEA owNruMnRIENwRts Signatur COMM. 51773894 m W Nobvy Publi C Oomis N LOS ANGELES COUNTY My Carve. Exp. Od 18, 2011 PS -09-10-16 72 WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 2009 ADMITTED ASSETS BONDS $2,060,239,269 SHORT-TERM INVESTMENTS 21,402,589 STOCKS 0 REALESTATE 0 CASH ON HAND AND IN BANK 5,053 PREMIUM IN COURSE OF COLLECTION' 106,852,028 INTEREST ACCRUED 18,645,574 OTHER ASSETS 252,407,271 TOTAL ASSETS $2,459,551,784 LIABILITIES RESERVE FOR UNEARNED PREMIUMS $284,403,553 RESERVE FOR LOSSES 1,226,008,303 RESERVE FOR TAXES 1,902,245 FUNDS HELD UNDER REINSURANCE TREATIES 0 OTHER LIABILITIES 139,987,368 TOTAL LIABILITIES 1,652,301,469 CAPITAL: 928,592 SHARES, $4.85 PAR VALUE 4,503,671 CAPITAL: PAID IN 187,844,877 l AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 85,912,680 SURPLUS (UNASSIGNED) 528,989,087 SURPLUS TO POLICYHOLDERS 807,250,315 TOTAL $2,459,551,784 ("EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P. Taylor, being duly swom, says that he is Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2009. L Sworn before this 2 rn 0 h c — ZO I U 2 Vice esident /i �_t_Ad_ Notary Public U COMMONWEA TH OF PE SYLVANIA j NOtatlel Seal Dlnna Wt19h4 Ng3ryPutila _... CIHot Ph'tetldpMa. PhGadelphla CouOH My CanmltiWon Expires AuB. 6, 261 t umber, 1,4m ,,nle NendaCon of NOtgrles My cony ission expires FAITHFUL PERFORMANCE BOND Landscape Maintenance District Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR, AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ 1, which is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of 2008. CONTRACTOR* SURETY* Subscribed and swom to this 2008. NOTARY PUBLIC day of * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10-16 73 17) LABOR AND MATERIAL BOND Landscape Maintenance District Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of 2008. CONTRACTOR' SURETY* Subscribed and swom to this day of 2008. * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10.16 74 FAITHFUL PERFORMANCE BOND Urban Forestry Tree Maintenance Service Bid # PS -09.10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR, AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ ), which is one -hundred (100%) percent of the total amount for the above -stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above -stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligation or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of , 2008. CONTRACTOR* SURETY* Subscribed and sworn to this 2008. NOTARY PUBLIC day of * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10-16 75 LABOR AND MATERIAL BOND Urban Forestry Tree Maintenance Service Bid # PS -09-10-16 City of Santa Clarita, California KNOW ALL MEN BY THESE PRESENTS that as CONTRACTOR AND as SURETY, are held and firmly bound unto the City of Santa Clarita, as AGENCY, in the penal sum of dollars ($ 1, which is one -hundred (100%) percent of the total amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above - stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF, the parties hereto have set their names, titles, hands, and seals, this day of 2008. CONTRACTOR* SURETY* Subscribed and sworn to this 2008. NOTARY PUBLIC day of * Provide CONTRACTOR/SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. PS -09-10-76 76 S*A*M*P*L*E*C*O*N*T*R*A*C*T—D*O*N*O*T*S*I*G*N MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND Contract No. THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this _ day of 20_, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation ("CITY'S and , a Corporation ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR on a basis an amount set forth in the attached Exhibit " " which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from 20 to 20 The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. If required by applicable state law including, without limitation Labor Code §§ 1720 (as amended by AS 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at httc://www.dir.ca,00v[DLSR1PWD. A copy of the prevailing rate of per diem wages must be posted at the job site. a. Protection of Resident Workers, The City of Santa Clarita actively supports the Immigration and Nationality Act (INA) PS -09-10-16 77 which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S, The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has Thoroughly investigated and considered the scope of services to be performed; Carefully considered how the services should be performed; and Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as 'additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be PS -09-10-16 78 reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR wilt require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. In the alternative. should CONTRACTOR fail to meet any of the insurance requirements under this agreement City may cancel the Agreement immediately with no penalty. F. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 0 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C, Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 9. INDEMNIFICATION. PS -0910-16 79 C CONTRACTOR agrees to indemnify and hold CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the performance of this agreement by CONTRACTOR. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, arising out of performance by CONTRACTOR of services rendered pursuant to this Agreement, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or costs incurred in defense otherwise. 10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of Santa Clarita 23920 Valencia Blvd. Santa Clarita, CA 91355 To CONTRACTOR: Name Address City B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 15. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. PS -09-10-16 80 17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the Santa Clarita City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other i similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting maintenance. To the extent that there are additional terms and conditions contained in Exhibit " " that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. 25. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. (Signatures on Next Page) PS -09-10-16 81 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: By: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: City Manager Date: ATTEST: — By: City Clerk APPROVED AS TO FORM: CARL K. NEWTON, CITY ATTORNEY By: City Attorney PS -09-10-16 82 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM Effective Date of Approval: November 20, 2003 Updated: February 17, 2009 CITY OF SANTA CLARITA LABOR COMPLIANCE PROGRAM IMPLEMENTATION PLAN & OPERATIONAL MANUAL P&09-10-16 83 Table of Contents Section I. Introduction II Labor Compliance Program III. Implementation Plan IV. Operational Manual • Site Visitation /Interviewing Requirements V. Procedures • Certified Payroll Verification • Labor Compliance Site Monitoring VL Forms • Public Works Contract Award Information (DAS 140) • Training Funds Contributions (CAC 2) • Contractor Fringe Benefit Statement • Certified Payroll Reporting (sample) • DIR Public Works Payroll Reporting Form A-1-131(2-80) • Prevailing. Wage Determination (sample) _ 1 • Rules of Engagement —f • Labor Compliance Site Visitation Interview Form • Site Visitation Log • Pre -Award Letter (sample) • Post -Award Letter (sample • 1st Request for Certified Payrolls Letter (sample) • Missing Documents List • Certified Payroll Worksheet • Certified Payroll Correction Letter (sample) • Report of Action for Prevailing Wage Violations PSA9-10-16 84 STATE OF CALIFORNIA } DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY, Ilial, pursuant to the Insurance Code of the Swe of CaltOrnia, Westchester Fine Insurance Company of New York, New York, organized undar the laws of New York, subject to its Arricks of incorporation ororherfurdamental organizational documew, is hereby authorized to transact within this Stare, subjecr to all provisions ofthis Cerrificare, thefollowtng claner ofinsurance: Firs, Marine, Sarwy, Pizabiwy, Plate Glass, Liability, Workmen's Compentuden, Common Carrier Liability, Bailer and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Misedlaneous as such classes are now or may hereafter be dejIned in the Insurance Laws of dr State of Cd1fornia. THIS C TIRCATE is erpressly oondidoned upon the holder hereof now and hereafter being in ftdl compliance with all, and mar m violation of any, of the applicable Imus and lawfid requirements made under authoMy of the lows of the Stare of California as long as such laws or requircmenu are in e, t and applicable, and ar such laws and rnluirements now are, or may hemeer be changed or �) amended. IN WMMSS WHFREOF, effective as of the Ise day ofluty, 1956, 1 have hereunto set my hand and caused my official sed to be ttcred this 27th day of August, 1956. Fee $10.00 F. Britton McConnell pvwancr Camndrb�rr Rec. No. 144567 Fled 7-1-56 By o.rWr Cen kation 1, the undersigned insurance Commissioner ofthe Stare ofCaltfornia, do hereby cerr(fy than l hale compared rhe above copy ofCerrOcate gfAuthorty with de duplicate o origin! now on ftk in my office, and that the same is a full, sue, and cornea trarac4m thereof,, and of the whole of said duplicate, and said Cerrocare of Authority Is now in full force and Zees. IN WITNESS WHEREOF, I have hereunto set my hard and caused my official seal to be affixed this Ali day of October, 1994. John Garamendi INYILKt C.".0nbner Jesse O. Rivera , Dl P" ADDENDUM #3 For City of Santa Clarita Invitation to Bid PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES May 4, 2010 This addendum must be included with the bid response. If you have already submitted a bid you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact the Purchasing Department by fax and request the bid be returned. The fax number is (661) 286-4186. 1. Section 3. 3-07: Can equipment be outside the city, but within a certain amount of time away? To have the amount of equipment on site sitting idle and not in use can increase cost to city? A. The Contractor may remove equipment from the city limits after working hours if necessary but must be able to respond within 2 hours for an emergency call for service after business hours. Failure to respond within this time will be considered unsatisfactory performance of the contract. Any additional costs incurred as a result of the equipment not being in the City such as, but not limited to, additional transportation and fuel costs will be the responsibility of the Contractor. The Contractor may request in writing to move equipment outside the City limits during business hours but will be responsible for any costs incurred should any work arise requiring the equipment to be recalled including, but not limited to, transportation, fuel, and labor including any overtime required to make up work missed during business hours due to the delay in arrival of the equipment. 2. 3-18: What is the cost of the Arbor Pro Tree Inventory license? If one contractor is successful, will one of each item be ok? A. It is recommended that the contractor call for a software license price from Arbor Pro. The number is 714.694.1924, ff one contractor is successful in being awarded both the Urban Forestry and LMD tree maintenance contracts, then one Arbor Pro license will be sufficient 3. Section 5. 5-08 —Tree Inventory Data Collection: Will the city be providing a hand held unit with GPS to provide the needed data? If not, how are we to know what is capable with the Arbor Pro Software and be able to price the cost for such a unit? This would provide an unfair advantage to a tree company that already knows what is needed to run the program. A. No, the City will not be providing a GPS unit for the contractor. The contractor will be required f obtain a GPS unit with sub meter accuracy and the ability to collect x and y PS-09-10-16add3 9. What determines the prevailing wage? A. See paragraph four on page one of this bid. s Contractor %nature Company Name PS•09.10-16add2 z1-26-10 Date 3 Monthly Assigned Work page 33, Section 5-01 Monthly Assigned Work -page 34, Pricing page 50 - 66) 2. What are the terms of the contract? One year or more? A. The terms of the contract are for one year with up to four one year renewals if both parties agree. See section 2-10 page 18, Performance Period. 3. Is a certified arborist required for both U.F. and L.M.D. If a contract is awarded to one contractor? A. If one contractor is awarded both the OF and LMD contract then the City may waive the condition of a certified arborist for each crew as long as the work of both crews meets City and industry standards and is directed by the contractors certified arborist. 4. Does U.F. & L.M.D. require all trees to be addressed in there perspective area's orjust certain species and or sizes? A. Itis the intent of OF and LMD to prune all size categories and species trees in Urban Forestry grid areas or LMD zones as stated in the Bid specifications. OF anticipates trimming all trees over 7 -inches in diameter and LMD anticipates trimming all trees over 4 -inches in diameter In the designated areas. However, there will be times when certain species orsizes may be added or removed from the Monthly Assigned Work grid(zone. (See Inventory Lists for LMD and UF— pages 38 and 39, also pages 50 and 54) 5. Is full prune and raise prune the same pricing? A. No. The standard default pruning is for a complete trim which includes raise trimming, dead-wooding, thinning, structuring and a light natural shaping. The standard pruning will be paid l by unit rates. Partial pruning or raise pruning will be paid by hourly rates. ( See section 3-02 pages •✓ 22-24) 6. Does bid require certified line clearance employees to be at site during the contract, and or will this disqualify a contractor from bidding? A. it is the intent of the city to have a qualified line clearance person on the job site during all operations near utility fines as required by OSHA and ANSI industry standards. A contractor shall be disqualified if they have no qualified line clearance personnel on staff for tree trimming operations where tree work is performed near utility lines. (Disregard section 2-18 on page 20, and refer to section 3-21 on page 32 for Line Clearance) 7. How will the tree codes be used? A. The Tree Trim Codes were included to indicate the type of tree service the City requests on trees. However, the Contractor is not required to use these codes, nor will the City be using these codes In theirpresent format. it is the intent of the City to revise the work codes when the tree inventory system is complete, and use them for scheduling and work history. (See section 3- 03 pages 24 -26) 8. Does a minority contractor have an advantage? A. No, a minority contractor does not have an advantage? PS-09-10.16add2 ADDENDUM #2 For City of Santa Clarita Invitation to Bid PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES April 22, 2010 This addendum must be included with the bid response. If you have already submitted a bid you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact the Purchasing Department by fax and request the bid be returned. The fax number is (661) 286-4186. The following is a list of the vendors that attended the pre-bid meeting on April 13, 2010: Earthwise Arborists Scott Rogers Davey Tree Surgery Luis Miramontes Ernesto Macias Tree Elements, Inc. Jeff Davidson Trimming Land Company Jose Mendoza ISS Grounds Control Carlos Mendoza Tip Top Arborists Tom Baal Dario Tree Trimming Oakridge Landscape Edwin Vargas Stay Green, Inc. Chris Beeler Jorge Castaneda S.0 Yamamoto, Inc. Alfredo Chanocua United Pacific Services Jack mooring Mariposa Landscapes, Inc Dennis Jones West Coast Arborists, Inc. Joseph Bartolo What would determine grid work from hourly/day rate? A. The intent of the contract is to schedule work based on "Monthly Assigned Work". In general the scheduled monthly assigned work will be 85% grid type work, and approximately 15% of non -gird work. The non -grid work will come from various service requests brought to the City from internal and external sources, but the contractor will be assigned this work well in advance. All Monthly Assignments (grid and non -grid work) will be invoiced at the bid rates for unit pricing. Hourly and day rates will be used for additional unscheduled work that is needed in a short time frame but not considered emergency call out or after hour work. This could be storm clean up or unscheduled work that is needed to be completed in a few days to a couple of weeks. ( See Section 3-11 Work Scheduling -page 29, Section 3-17 Additional Work -page 31, Section 4-01 PS-09.10.16add2 `) Price for Extra Work as outlined in section 3-09. .EXTRA WORK PERSONNEL HOURLY RATES -a i - PERSONNEL Certified Arborist Certified Tree Worker Journeyman Trimmer Apprentice Trimmer Grounds Person Tractor/ Clamloader, Operator Truck Driver . Irrigation Tech Irrigation Laborer Supervisor Foreman Consulting Arborist PCA Advisor Laborer with. Hand Tools Laborer with Trencher Laborer with Weed Whippers Laborer with HD Weed Equip. Plant and Health Care Consultant Plant and Health Care Tech NORMAL WORK HOURSAFTER HOURS Hourly Rate 75.00 Hourly Rate 95.00 Hourly Rate 65=00 6_ 0•a0 Hourly Rate 75 _00 Rate 70_00 Hourly Rate Hourly Rate 55.00 -Hourly Hourly Rate 65 _00 Hourly Rate 5�-Hourly Rate 60.00 Rate 60.00 Hourly Rate Hourly Rate 5�_Hourly 5o -0Q Hourly Rate 60.00 Hourly Rate 65.00 Hourly Rate -Z5 _-00 Hourly Rate Hourly Rate 45.00 -,L5-00 Rate 75.00 Hourly Rate 6_ 500 60.00 _Hourly Hourly Rate Hourly Rate Hourly Rate -15 75.00 '00 Hourly Rate 85.00 Hourly Rate 75.00 Hourly Rate Hourly Rate4_ 0_00 Hourly Rate Hourly Rate 55.00 Hourly Rate 65.00 Hourly Rate 55.00 Hourly Rate 45.00 45.00_ Hourly Rate Hourly Rate Hourly Rate 55.00 Hourly Rate 65.00 60.00 Hourly Rate _Hourly Rate RATES FOR EXTRA WORK EQUIPMENT HOURLY Aerial Tower/Bucket Truck 50-60' Hourly Rate 125-00 150.00 Hourly Rate -175 Hourly Rate .00 200_00 Aerial Tower/Bucket Truck 60' plus Hourly Rate Hourly Rate 7__ 5 DO Hourly Rate 85.00 100.00 1 -Ton Pick -Up Truck Hourly Rate 8_5 •0o Hourly Rate 150.00 Stump Grinder Hourly Rate 1�_-HourlyRate 175.00. Clamloader/Tractor. Large Capacity Dump Truck Hourly Rake H Y .1 —'Hourly 150.00 Rate Nourfy Rate y .200:00 `, ., '... - ' '`• : 'ir" ..Chipper Truck with Chipper':.. ' Houriy Rate Per Load__ 800 00 . Forty Yard Dumpster U After hour and emergency call out price per hour for three-man crew and equipment that meets. the following requirements:. A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified ''Arborist, one (1) climber / trimmer — Certified Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck minimum height of 55 60 feet tall, one (1) large capacity dump truck, one (1) self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck, one (1) hydraulic stump grinder, $ 225.00 Price per hour $ 300.00 Mobilization charge Price for Screened Mulch as outlined in section 3-10 Up to 500 yards price per yard $ 20.00 500 to 1000yardsprice peryard $ 19.00 1000 yards and upprice per yard $ 18.00 Price for street tree planting as outlined in section 3-11_ The City of Santa Clarita will provide trees, root barriers, tree stakes and ties. Price to plant with root barrier Price to plant without root barrier Size Size 15 gal $ 110.0-15 gal 24"box $ 210.00 24"box$ 195.00 �--- . 325.00 36" box$ ``295.00 300T PRUNING Street tree root pruning by hand digging without root barrier 12" barrier $ B.00 perfoot Street tree root pruning by hand digging without root barrier 18" barrier $_10.00 per foot Street tree root pruning by hand digging with root barrier 12' barrier $ 10.00 per foot Street tree root pruning by hand digging with root barrier 12" barrier $__12_00 per foot The City of Santa Clarita will provide root barriers. f F 1 BID SCHEDULE FOR CITY OF SANTA CLARITA COMPREHENSIVE TREE TRIM AND PLANT CONTRACT t 'JANUARY 1, 2007 TD ID 06 O7D04 EMBER 31, 2007 SAMA CLARITA, CALIFORNIA EMERGENCY CALL PRICING Emergency call out price per hour for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (i) supervisor /'climber two (/trimmer - persons; Arborist, two (2) climbers / trimmersl Certified Tree Workers, two (2) grounds persons; equipment to include two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large nimum # of cubic yards), one (1) large self feeding large diameter capacity truck (mi chipper, one (i) 1 -ton utility box pick-up truck, one hydraulic stump grinder, sufficient chain saws for trimming and large removals. $ 375.00 . Price per hour $ 500.00 Mobilization charge After hour and emergency call out price per hour for fcur-man crew and equipment that meets the following requirements: A four (4) person crew to consist of one (1) supervisor! trimmer -Ce ers d Arborist, (two) to climbers /trimmers- Certified Tree Workers, one (i) grounds p include two (2) flat bed bucket trucks (heights tod bm d `te klnoneed e(1) self feeding large and 1 large), one (1) med or large capacity P diameter chipper; one (1) 1 -ton �trl!ty: box pick-up truck, .one (1) hydraulic stump grinder � -andsufficlent chain saws.for trimming and large,removals..`., ::: . ; $ 30_ 0.00 Price per hour 4D0.00 Mobilization charge J.+-0.111,BJ.I BID SCHEDULE FOR CITY OF SANTA CLARITA COMPREHENSIVE TREE ETRIIMA DIVI ON CONTRACT i JANUARY 1, 2007 ID THROUGH D7D04 EMBER 31, 2007 ' SANTA CLARITA, CALIFORNIA • -PRUNING Cost to prune. the follow ng s ze trees regardless of specles to th'e specifications.outlined in section 3-02. The number in parentheses is an esdmated number of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter. The low bid will be determined with the contractor's pricing for the tree pruning section and the estimated number of trees in each diameter. A. $ 15.00 (1700) 0"-3° DBH cost pertree B $ 51.00 (2000) 3"— 6° DBH cost per tree l C. $ 87.00 (2000) 120OBHcost per tree D. $ 125.00 (1500) 12" —18" DBH cost per tree E $ 165.00 (750) 18" — 24°DBH cost per tree F $ 175"00 (500) 24"— 30' DBH cost per tree G $__1=9 5 - 0 �0 (250) 30"— 36" DBH cost pertree H $ 225.00 (250) 36° —42" DBH ccst per tree I• $ 275.00 (50) 42" up DBH cost per tree Pruning Total $ 8191000-00 REMOVALS Cost to remove tree Including stump regardless of species. ''.875.00. 75.00 DBH cost pet tree8".- 247DBH cost Oe ''.875.00. B $ 150.00 6-DBH cost per Vee C. $ 275.00 6" -12"DBH cost per tree D $ 575.00 12"— 18ODBH cost per tree F.$975.00 24° --3o' DBH cost per tree G.$I'075.00 30" — 360 DBH cost per tree H. 1,175.00 36" —42°DBH cost per tree ; I,$ 1,275.00 42" up DHS cost per tree After hour and emergency call out price per hour for four -man crew and equipment that meets the following requirements: �t A four (4) person crew to consist of one (1) supervisor/trimmer-Certified Arborist, 2 (two) climbers /trimmers- Certified Tree Workers, one (1) grounds person; equipment to include two (2) flat bed bucket trucks (heights to be determined either2 large or t med and i large), one (1) mod or large capacity dump truck, one"(1) self feeding large diameter chipper, one (1) 1-4ori utility box pick-up truck, one (1) hydraulic stump grinder and sufficient chain saws for trimming and large removals, $ 312. C° Price per hour Mobilization charge 1 After hour and emergency call out price per hour for three-man crew and equipment that meets the following requirements: A three (3) person crew to consist of one (1) supervisor / trimmer / climber — Certified Arborist,.one (1) climber/ trimmer— Certifiled Tree Worker, one (1) grounds man; equipment to include one (1) flat bed bucket truck minimum height of 55-60 feet tall, one (1) large ca acii�d ptXuksones(i),SeJtf eding;largediameter chipper, one (i)1 -ton utility box Rtrti ;one {1) hydrai(rest YO grinder Price per hour $_ Z Mobilization charge ra.'EIMIYPF7 Cost to remove the following size trees and stump regardless of species located In Paseos. A. $ I k 00 0" — 3" DBH cost per tree B. $ !G 00 3" — 6" DBH cost per tree C. $ (0% 00 6" —12"DBH cost per tree D. $ 2Sq, oo:. 12" —18" DBH cost per tree E. $. (➢ -o" 18" — 24" DBH cost per tree F. $ q5' 00 24" — 30" DBH cost per tree G. $ 1118(o. 00 30" — 36" DBH cost per tree H. $ i 5 qq- as 36" -42" DBH cost per tree I. $ Z. DII. OU 42" up DBH cost per tree EMERGENCY CALL PRICING After hour and emergency call out price per hour for five -man crew and equipment that meets the following requirements: A five (5) person tree crew to consist of one (1) supervisor / climber / trimmer - Certified ;i ,�jog,,4 ,cl�un_ bels1L4;tGaimers/ Certified Tree Workers, two (2) grounds parsons; eq em"66 fo mcu a two (2) flatbed bucket trucks -minimum 50 ft height, one (1) large capacity truck (minimum # of cubic yards), one (1) large self feeding large diameter chipper, one (1) 1 -ton utility box pick-up truck, one hydraulic stump grinder, sufficient chain saws for trimming and large removals. $ 4390.00 Price per hour $ x/ Mobilization charge PS -06-07-05 TREE REMOVALS Cost to remove the following size trees and stump regardless of species in the City Right of Way (parkways"" & medians). B. $ I & t90 E. $ g ' 0e 0" — 3" DBH cost per tree 18" — 24" DBH cost per tree B. $ Z-7, w 3" — 6" DBH cost per tree 00 c. 6"— 12"DBH cost per tree D. $ Pm( 00 12"— 18" DBH cost per tree F. $ 1 16 00 24"- 30" DBH cost peer tree G.. $ I U0 o0 30" — 36" DBH cost per tree H. 36" —42" DBH cost per tree 42" up DBH cost per tree Cost to remove the following size trees and stump regardless of species A. $ E. $ 0" — 3" DBH cost per tree 18" 4" DBH cost per tree B. $ F. $ 3" — 6" DBH cost per tree 24" — 30" DBH cost per tree C. $ G. $ 6" —12"DBH cosi per tree 30"— 36" DBH cost per tree D. $ H. $ 12" —18" DBH st per tree 36" —42" DBH cost per tree I. $ 42" up DBH cost per tree M0607-05 7 a Cost to prune the following size trees regardless of species to the specifications outlined in section 3-02 located In Paseos. A. $ J5 • `' (400) 0"- 3" DBH cost per tree B. $ oo (250) `' 3" - 6" DBH cost per tree C. $ 3q. 00 (250). 6" -12'DBH cost per tree D. $ � $ eo (250) 12' -18" DBH cost per tree lr. _ PS -0647-05 E. $_ i d.5. (500) 18'- 24" DBH cost per tree F. $_ '(S 1 - (500) 24"- 30" DBH cost per tree G. $ 232 • oD (550) 30" - 36" DBH cost per tree H. $ .3(0 2 . °O (250) 36"-42" DBH cost per tree I. . tw (100) 42" up DBH cost per tree SUBTOTAL $ u q (0 , 750, Do GRAND TOTAL for City Right of Way (parkways & medians), slopes and Paseos: 00 6 BID SCHEDULE FOR CITY OF SANTA CLARITA LANDSCAPE MAINTENANCE DISTRICTS TREE PRUNING PS -06-07-05 Cost to prune the following size trees regardless of species to the specifications outlined in section 3-02 In the City Right of Way (parkways & medians). The number in parentheses is an estimated number.of trees for each diameter. It is not a guarantee there will be that number of trees in each diameter or that number of trees will be pruned. The low bid will be determined with the contractor's pricing for the tree pruning section and the estimated number of trees in each diameter. A. $ I I I W (400) 0" — 3" DBH cost per.tree B. $ V . p0 (250) 3" — 6" DBH cost per tree C. $ q • 0 (250) 6" —12"DBH cost per tree D. $ �0.0 (250) 12" —18" DBH cost per tree E. $ GYO 00 .(500) 18"— 24" DBH cost per tree F. I bJ b (500) 24"" 30" DBH cost per tree G. $ Aq. I. 00 (550) SO"— 36" DBH cost per tree H. $ J� 1�: ou' (250) 36"-442"" ,DBH cost per tree (100) 42" up DBH cost per tree SUBTOTAL $ 4ql -, �W .w Cost to prune the following size trees regardless of species to the specifications outlined in section 3-02 located on slopes. A. $ `"3.00 (400) 0"— 3" DBH cost per tree B. (250) 3" — 6" DBH cost per tree. C. o� (250) 6" =12"DBH cost per tree D. $ gq. nc (250) 12" —18" DBH cost per tree E. $ 10.6v (500) 18" — 24" DBH cost per tree F. $ � q• no (500) 24"-30" DBH cost per tree G. $ a5�, on (550) 30" I—1I36" DBH cost per tree H.'$ y 0Q • (250) 36"-42" DBH cost per tree I. $ 613.0" (100) 42" up DBH cost per tree �✓ SUBTOTAL $ I "I (, S� 00 Ps -0e-07-05 ADDENDUM #1 For City of Santa Clarita Invitation to Bid PS -09-10-16 LANDSCAPE MAINTENANCE DISTRICT & URBAN FORESTRY TREE MAINTENANCE SERVICES April 5, 2010 This addendum must be included with the bid response. If you have already submitted a bid you must fax an acknowledgement of this addendum to Purchasing. If you wish to resubmit, you must also contact the Purchasing Department by fax and request the bid be returned. The fax number is (661) 286-4186. 1. I would like to know who currently holds the tree maintenance contract and what are the prices they are charging for each service they provided your City. I would like the same information on your landscape project. A. United Pacific Services has the Urban Forestry contract and Stay Green has the LMD contract. Please note that significant changes have been made to the specifications for the current bid and caution should be used when making comparisons. See attached for cost breakdown. 2. Please provide me with the annual budget for the project of Landscape Maintenance (Bid # PS - 09 -10-16). A. The proposed budget for Landscape Maintenance District is $543,350 and Urban Forestry is $525,000. Con r�tq sIgnature .Cis 1211l�S l eiltro r �� C - Company Name PS-09-10-16addl )1) -26 - tD Oate coordinates and at least 100 data fields. Currently the City uses a Trimble GeoXT Handheld model; however a similar like unit that performs the same will work. certifieb Cine Avelea-ranct tree Tr, i Aw hordar of this wtifkste has demashatedprojking and sk0s assoc*teduitfi tree *Pmk in prey of efectrkd -pouter ram Aenal mm was p� r6y ops 4 sad4% at a h4t of 35, U." a man- sipin weo* 147pows& Certifieb Line clearattce tree Trtmrner 7& hofiCer of t&s cen#fwte has dn"stmtedpmfu*fty and $Ws &%Wcwa With til" "rk in PmO"y of e&cb"f PMW alftflenar"W" was N'fi~Zr6y oN 4 wdafk at a (remit of 35'oW a man - A .I niquin weofl* 147 potibk. -30, 20 -to It il QLertffieb 3Cute �GCear�ttce 3rree *,�Gri lrt holder of this art to z has d*mo*,sfttedprq)IcLvncy and slimes ass"InedwXth tree RW6rk its p,,),k jr e&ctfkd y 0 !Fjw uJus perfo�rfiy Op iz a A4� t of 31` a maw, nilgdn uwo* 147 pottbA ate: �otciir�o Wit: S 00 prit 30,,.z r 4 , tr ,Ak I Certifieb ante Clearance Gree Trirr�rkt¢r 4�Au Gro�vmWpl�m� 1& rwrel5w of tus cetocate ity o uj&C in pusom f ekctdca p lin" af t�=e was oula Aed pedbnvd r6y op 4 sadaTe at a Wt of 354P 4*4 a fitals- H;I ntqcm umo* 147 POW& ,410 -, , W. IMmuel 17AW 7. MN mate:M[Prd 30, 2m0 02 U [-J'IIo I i IIT.IOH 4TF.RNATIONALSOCIETY 02 U [-J'IIo I International Society of Arboriculture CERTIFIED ARBORIST Carlos Mendoza Certificate Number: WE -5383A jJ Expiration Date: Dec 31, 2012 International Society of.Arboricuhure CERTIFIED ARBORIST Brian Daly CerKicata Number: WE -7489A Expiration Data: Jun 30, 2012 ^ DEPARTMENT OPPESTICIDE REGULATION d 1 LICENSING/CERTIFICATION PROGRAM AGRICULTURAL PEST CONTROL ADVISER LICENSE DATE OF ISSUE VALID THROUGH 01/01/2010 12/31/2011 PCA 75252 D ALICE ROBERTS 737 MIRAMAR DRIVE FULLERTON CA 92831 Jdr DEPARTMENTOFPESTICIDEREGII AT ION ^ LICENSINGICERTIFICAT'ON PROGRAM " Irf QDALIFMI)APPLICATOR LICENSE DATE OF ISSUE VALID THROUGH 01/01/2009 12/31/2010 GAL 108297 B BRIAN DALY 23236 LYORS.AVE STE 209 NEWHALL CA 91321 State Of California CONTRACTORS STATE LICENSE BOARD u.uw ACTIVE LICENSE ne:. 799622 .„ CORP Y _ I S S GROUNDS CONTROL INC u•'^ pl C27 C61ID49 Lipm °� 09/3072011 1 .................. (Z) GROUNDS CONTROL total londscGpe services Quality Control Plan As part of the quality control, ISS Grounds Control has the crews review quality topics with the crews, every other week. Prior to conducting the meeting, the supervisor talks to the Crewleaders to review the areas to challenge the crews to improve. The supervisor is a Certified Tree Worker and is familiar with the ISA standards. Also, every quarter the company stops the tree crews to conduct an on -hands training with the crews. Topics such as "Tree Climbing Techniques, Pruning Methods, and Large Tree removals" are address. ISS Grounds Control assures the quality of service to the City of Santa Clarita LMD & Urban Forestry by proposing the following, besides the routine Quality Control Plan: 1. Prior to commencing an area, the Division Manager and Supervisor conduct and onsite meeting with the City Tree Inspector to review the scope of work, services requested and discuss the expectation. 2. The Division Manager and Supervisor review with crew what was discussed with the Inspector. 3. The Supervisor will evaluate the quality throughout the day and make sure all workers follow high quality standards, according to the ISA practices. 4. Every other week the Division Manager and the Tree Inspector get together to review the two weeks' performed work. 5. Should a complaint needing immediate attention arises; ISS Grounds Control will act immediately to correct it. 6. As part of a smooth operation and representation of the city, ISS Grounds Control is committed to training the workers to control traffic, according to the WATCH manual. 7. Also, ISS Grounds Control is always open to suggestions. Carlos Me :oza Tree Division Manager Certified Arborist WE -5383A ISS Grounds Control 23236 Lyons Avenue, Suite 209 - Newhall, CA 91321 (661) 259-9067 Phone (661) 255-9690 Fax LIC# C27 799622 GaROUIVOS QOIVTROL total landscape services W Green Waste Disposal Plan Is Grounds Control is committed to recycling all reusable material. About 95 % of the material generated from tree pruning is taken to local green waste recycling centers or used in house to enhance the grounds of properties where we oversee the landscape, to improve the soil quality. Only Palm material (which represents about 5% of generated material) is taken to a regular land field, since it can't be processed for soil amendment. If ISS Grounds Control is awarded any of or the two contracts, we commit to recycling 100% the green waste generated from the city trees other than Palms. Car M doza Tree 0" cion Manager Certified Arborist WE -5383A ISS Grounds Control 23236 Lyons Avenue, Suite 209 - Newhall, CA 91321 (661) 259-9067 Phone (661) 255-9690 Fax LIClk C27 799622 REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) 'Tayroll Date: 4/30/10 Grupo: 702 (Crew) Mayordomo: Manuel Valdez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: (Meeting Date) Topico Discutido (Topic Discussed) Limbine and Buckine Firma del Mayordomo:.%%'IZ� (Foreman signed) Durante el periodo 4/12/10 — 4125/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al ]ado de mi nombre. NE firma debajo tambien indica que Yo estuve preseute en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. C( NOMBRE , ) (flame) 054-3825 Valdez, Manuel 054-4457 Pacheco, Oscar 054-4439 Ventura -Flores, Agustin 054-4507 Fajardo, Jermin 054-0651 Casique, Vicente FIRMA (Signature) REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) ( Payroll Date: 4/30/10 Grupo: 701 (Crew) Mayordomo: Lucidio Sanchez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: (Meeting Date) Topico Discutido: Limbint and Buckine (Topic Discussed) Firma del Mayordomo: (Foreman signed) Durante el periodo 4/12/10 — 4/25/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE (Name) 0544431 Sanchez, Lucidio 0544438 Vasquez, Arturo 0544505 AIvarez, Idelfonso 054-4520 Gonzales, Jorge FIRMA (Signature) Grupo: 703 U � ' Mayordomo: rSalvador Fwobar ' gelid s Yc Supervisoa . Porfirio Mendoza , Fecha de is Reunion: Juan '(Top] Discussed) Firma del Maya n.. _ icarela f ii del apcidente y dano al lado de mi""Aon en ie�resente la junta de medidas de seguridad an nod T had'no work accidents. If I had an accident, I will ini me. My signature below also indicates that I was present at (Signature) ..:054452 `Cruz Ramon U � ' gelid s Salvador e 65t �Sc�.l��L Juan '-- ..:054452 `Cruz Ramon U � ' s i REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN RANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) payroll Date: 4/16/10 Grupo: 703 (Crew) Mayordomo: Salvador Escobar. (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: (Meeting Date) Topico Discutido: Hand Tools (Topic Discussed) Firma del Mayordomo: (Foreman signed) Durante el periodo 3/29/10 — 4/11/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la Fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE FIRMA (Name) (Signature) 054-4024 Vasquez, Arturo 0544504 Moreno, Salvador Q 0544508 Laguna, Rogelio 054-3202 ESCOBAR, Salvador 054-4229 Escobar,Jose 054-4511 Neoponceno, Juan 054.4515 Morales, Marcos 0544521 Cruz, Ramon x%114 ,�-&-d s 940d,jA Vet6-lCld rC5 �C-X� ` iQjAw cra rcbA C' "a (QC,d,,- rayroij nate : 4 ....... ... Grupo: 7021 . ....... ... Nfayordomo: Mann . . .. .. ..... ........... .... Supervisor: Porfirio Fecha de ]a Reunion: (Meeting Date) is 'I OpICO L)ISCUtido: Fland Tools (ropia.Discassed) Furca 4yordonla" 'F D 6.hotuveiflngun accidente de trabajo. Si Yo liubiera tenido on L ' L a 'id de y dano al lado de mi nombre. Ali firma debajo tarabien i itd jc estuve presenfe en la junta de medidas de seguridad anotado arriba. During the suned period, I had no work accidents' If I had an acoidez.%" 1 indicate the date of the aeciand thc REUNION DE SEGO "AD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY /MEETING AND NOTIFICATION Of INJURY) Payroll Date: 4,,'2/10 Grupo: oI - (Crew) nlav6rdomo: Lucidio Sanchez (Foreman) -' Supervisor: Porfirio "Mendoza Fecha de la Reunion:_rj t. 3 - ( (Mecting Date) Topico Discutido: Chain Saw Use and SafetG (Topic Discussed) - { Firma del Mavordomo (Fgreman signed) W. Durante el periodo 3,15/10 -3/28,'10, Yo no tuve ningun accidente de trabajo. Si Yo hubieratenido un r. .. , aectdente Yo indicare la feeha dei accidents v dano aI lado de mi uombre. Mj firma debajo tambien indica que Yo estuve presente en la junta'de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. if I had an accident I will indicate the date of the accident and the "j ury extlo my name. My signatui e below also indicates that I as pr ent at the safety meeting noted aboe�c. NON $RE FIRMA 3 Ai REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) Payroll Date: 4/1/10 Grupo: 703 (Crew) Mayordomo: Salvador Escobar (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: (Meeting Date) Topieo Diseutido: Chain Saw Use and Safety (Topic Discussed) Firma del Mayordomo: (Foreman signed) Durante el periodo 3/15/1073/28/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mf nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE - (Name) 054-4024 Vasquez, Arturo 054-4504 Moreno, Salvador 054-4508 Laguna, Rogelio 054-3202 ESCOBAR Salvador 054-4229 Escobar, Jose 054-4511 Neoponceno, Juan 0544515 Morales, Marcos FIRMA (Signature) 0544521 Cruz, Ramon �6�f CItsr J REUNION DE SI'GURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) A Grupo: 703 (Gr6W) -dOM 0: SaNadi 0 /1(t-114' la fecha di ve #'fitibMiatenidoun �n i�'de ajo tambien 6ArrlbiU,. the , date of the acci.d6t and the &ty meeting noted ab'We�--* Jose Vt'4-',z� 0544229: Escobar, 0 54-4511' NeoponcenO, Juan 544515 Morales, Marcos 054-4521 Crm� Ramon, lbl IrA Aaele z NnMBRF FTRMA_5, ,(Name)t 5': Valdez Mance 054-87 � J WC- 0544457� Pacheco,,Oscar �'� 054-41439 Ventura Flores, Agustinc e 054-4507 Fajardo, Jermin 054-0651Casique, Vicente , REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) r Payroll Date: 3/19/10 Grupo: 701 (Crew) Mayordomo: Lucidio Sanchez (Foreman) . Supervisor: Porfirio Mendoza Fecha de la Reunion:© (Meeting Date) Topico Discutido: Back Iniury Prevention (Topic Discussed) Firma del Mayordolno: (Foreman signed) Durante el periodo 3/1/10 — 3/14/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below. also indicates that I was present at the safety meeting noted above. NOMBRE tai (Name) 0544431 Sanchez, Lucidio 054.4438 Vasquez, Arturo 054-4505 Alvarez, Idelfonso 054.4520 Gonzales, Jorge �edha� j�aeQe?,� i`4r-c.oS �� Kim FIRMA (Signature) s.— REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) 9. -Payroll Date: 3/5/10 Grupo: 702 (Crew) Mayordomo: Manuel Valdez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: Q ?ZLQ /tD (Meeting Date) Topico Discutido: Effects of Noise (Topic Discusse(l) Firma del Mayordomo: V22 (Foreman signed) Durante el periodo 2/15/10 — 2/28/10, Yo no tuve ningun accidente de trabaj o. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. OMBRE H 054-3825 Valdez, Manuel 054-4457 Pacheco, Oscar 054-4439 Ventura -Flores, Agustin 054-4507 Fajardo, Jermin 054-0651 Casique, Vicente FIRMA (Signature) —2 rd� �,aM o n C Vv,2- 90 � a REUNION DE SEG (SAFE`. '03 Mayordomo (Foreman) 1?nrante el periodo 2/15/10 - 2128/10, To no accidente;' Yo mdicare la fecha.del accident indiqne Yuve presente eft la junta d ca o es I an accident, I will in( :s that I wa'spresent'at bre. o on nPand the REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (�AFETX "MEETING AND NOTIFICATION Or I1 TUM) a roU Dated 3/5/10 Grupo: " Boa S.D Mayofdomo� Adak Ma anu ;:(Foreman) SuperviSOT: Porfirio Mendoza Fecha de la Reunion:-0-5� f1 REUN DE SEGtiRIDAD Y NOTIFICATION DE.ALGUN W (SAFETY' MEETING AND NOTIFICATION OF INJURY) TO FISICO t Firma del May-ordomo (Foreman signed) YAM Durante el periodoZ111I01- 2/14%10, Yo no tune ninnun accidente de tr ibajo. Si Yo hubiera tenido un accidente, Yo ind care la feeho a del accidente y danal lado de anti nombre. Mi firma debaj© tambien indica qne Yo estuve presents en la"junta de medidas de seguridad anotado arriba. During the stated 'period, Iliad no �i ork accidents: If Iliad an accident, I will indicate the date of,ho aectdent and the ,r jwy text to my name My signahire 6e1q- '" lso indicates that,I was present at the saf ty ineetinl; noted avoee 054 4442. Magana;.Adan �,CL_ 054 4516 Mas Jose ` REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) Payroll Date: 2/19/10 Grupo: 703 (Crew) Mayordomo: Salvador Escobar (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion MAC — 0 2-/Q (Meeting Date) Topico Discutido: Hearing Protection (Topic Discussed) Firma del Mayordomo :�� (Foreman signed) Durante el periodo 2/1/10 — 2/14/10, Yo no tuve ningun aceidente de trabajo. Si Yo hubiera teuido on accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE (Name) 054-4024 Vasquez, Arturo 054-4504 Moreno, Salvador 054-4508 Laguna, Rogelio 054-3202 ESCOBAR, Salvador 054-4229 Escobar,Jose 0544511 Neoponceno, Juan 054-4515 Morales, Marcos 0544521 Cruz, Ramon FIRMA (Signature) REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) Payroll Date: 2/19/10 Grupo: 702 (Crew) Mayordomo: Manuel Valdez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: �� 2/71/0 (Meeting Date) Topico Discutido: Hearing Protection (Topic Discussed) Firma del Mayordomo:v' (Foreman sigoed) 1 1'1� Durante el periodo 2/1/10 — 2/14/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tamb_ ien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE (Name) 054-3825 Valdez, Manuel 054-4457 Pacheco, Oscar 054-4439 Ventura -Flores, Agustin 054-4507 Fajardo, Jermin 054-0651 Casiquue, Vicente JWl'o t.10 00VArCZ SigUVIA �¢iA.,�r fah rdn Fa � / >� C r-/ L- REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) �1 —' "Payroll Date: 2/19/10 Grupo: 701 (Crew) Mayordomo: Lucidio Sanchez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: Ogg -Pig-/d (Meeting Date) Topico Discutido: Hearing Protection (Topic Discussed) Firma del Mayordomo: �--- (Foreman signed) Durante el perlodo 2/1/10 — 2/14/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indieare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, l had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. O NOMBRE (Name) 0544431 Sanchez, Lucidio 054-0438 Vasquez, Arturo 054-4505 Alvarez, Idelfonso 0544520 Gonzales, Jorge FIRMA (Signature) REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) Payroll Date: 2/5/10 Grupo: 701 (Crew) Mayordorno: Lucidlo Sanchez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion:59Eg 16 /!D (Meeting Date) Topico Discutido: Head Protection (Topic Discussed) ! Firma del Mayordomo: (Foreman signed) signed) Durante el periodo 1/18/10 —1/31/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tendo un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE FIRMA �.a✓ (Name) (Signature) 054-4431 Sanchez, Lucidio 054-4438 Vasquez, Arturo 0544505 Alvarez, Idelfonso 054-4520 Gonzales, Jorge REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) (Payroll Date: 2/5/10 Grupo: 702 (Clow) Mayordomo: Manuel Valdez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: F'R 16 ZJ 0 (Meeting Date) T Topico Discutido: Head Protection (Topic Discussed) Firma del Mayordomo: (Foreman signed) Durante el periodo 1/18/10 —1/31/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMDRE FIRMA (Name) (Signature) 054-3825 Valdez, Manuel 054-4457 Pacheco, Oscar 054-4439 Ventura -Flores, Agustin 054-4507 Fajardo, Jermin 054-0651 Casique, Vicente 3 ramo Yl CICU REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) --'Payroll Date: 2/5/10 Grupo: 703 (Crew) Mayordomo: Salvador Escobar (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: E'ER. 16 /10 (Meeting Date) Topico Discutido: Head Protection (Topic Discussed) Firma del Mayordomo: (Foreman signed) Durante el periodo 1/18/10 —131/10, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tendo un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. (Name) OMBRE 054AO24 Vasquez, Arturo 0544504 Moreno, Salvador 054-4508 Laguna, Rogelio 054-3202 ESCOBAR, Salvador 0544229 Escobar,Jose 05411511 Neoponceno, Juan 054-4515 Morales, Marcos 05411521 Cruz, Ramon FIRMA (Signature) 0544. -z"iMffidd os , li ." -515 1. U A 4HA" in- 0 DE A_LGLTN DANO I+`I$ICO (SAFETY MEETING AN D NOTIFICATION OF INJURIA . . .... .... Payroll Date:" 1/2-2/10 Grupo: 703 MavordOmO Salvador Escobar {Foreman) - Supervisor Porfirio Mendoza 2 77 - _1_--1 _ I- . .. . ...... i 0544. -z"iMffidd os , li ." -515 1. U A 4HA" in- 0 � i C _'Ramon `.;Cruz; 054-45'71 2 . .. . ...... i r. A `1'OpiCO%' : ,�$C�if1d0'Preveniin¢ Repetitive Motion Intnry (Topic Disct�ppei,)r ` ra -`1/3110, Yo no tuve ningun accidents de trabajo. Si Yo hubiera tenidon ha del accide,v nte dano at la,do de mi nombre. Mi firma debajo tambien to en la junta de nedidas de seguridad anotado arriba. - REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) u 'Payroll Date: 12/25/09 Grupo: 701 (Crew) Mayordomo: Lucidio Sanchez (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: (Meeting Date) Topico Discutido: Ladders (Topic Discussed) Firma del Mayordomo: (Foreman signed) _ Durante el periodo 12/7/09 —12/20/09, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE F WA (Name) (Signature) 054-4431 Sanchez, Lucidio 054.4438 Vasquez, Arturo 054-4505 Alvarez, Idelfonso 0544520 Gonzales, Jorge \o,r ccs. s `kovA\eS REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) Payroll Date: 12/25/09 Grupo: 702 (Crew) Mayordomo: Manuel Valdez (Foreman) _ SuperVisor: Porfirio Mendoza Fecha de la Reunion: (Meeting Date) Topico Discutido: Ladders (Topic Discussed) Firma del Mayordomo: J22�U 44 (Foreman signed) Durante el periodo 12/7/09 —12/20/09, Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare la fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. �..� (NNOeMBRE F UvIA 054-3825 Valdez, Manuel. 054-4457 Pacheco, Oscar 054-4439 Ventura -Flores, Agustin 054-4507 Fajardo, Jermin 054-0651 Casique, Vicente SC1677 c 61 F of �1 0 REUNION DE SEGURIDAD Y NOTIFICATION DE ALGUN DANO FISICO (SAFETY MEETING AND NOTIFICATION OF INJURY) -^'Payroll Date: 12/25/09 Grupo: 703 (Crew) Mayordomo: Salvador Escobar (Foreman) Supervisor: Porfirio Mendoza Fecha de la Reunion: (Meeting Date). Topico Discutido: Ladders (Topic Discussed) Firma del Mayordomo: (Foreman signed) Durante el period 12/7/09 —12/20/09; Yo no tuve ningun accidente de trabajo. Si Yo hubiera tenido un accidente, Yo indicare In. fecha del accidente y dano al lado de mi nombre. Mi firma debajo tambien indica que Yo estuve presente en la junta de medidas de seguridad anotado arriba. During the stated period, I had no work accidents. If I had an accident, I will indicate the date of the accident and the injury next to my name. My signature below also indicates that I was present at the safety meeting noted above. NOMBRE (Name) 0544024 Vasquez, Arturo 054-4504 Moreno, Salvador 0544508 Laguna, Rogelio 054-3202 ESCOBAR, Salvador 0544229 Escobar, Jose 0544511 Neoponceno,Juan 0544515 Morales, Marcos 054-4521 Cruz, Ramon wvx ad/ `J . ar�!%n Ares �/wc v rvo �fJ �L-�R 1 fl 4 ^^ , � "dN"Y.`0 ` IL �6c,fgVio A T1110 pflcx wvx ad/ `J . M .�1 REUNION DE SEGUREDAD Y NOTIFICATION DE ALGUN DANO FISICO SAFETY MEETING'AND NOTIFICATION OF INJURY) G. y , � n t k.• M1 h `' Payroll Date. 11!13/09 ; - : - Mayordomo: Salvador Escobar (ho!cman} .: Supervisor: Porfirio Mendoza,, Fecna de !a Reunion: (Meeting Date) TOpico DisCuddo: Chain Saw Use and Safetv ..(Topic Disais d) 4 Furca del M iyorda>no tral Y > >�6 5^�= .- „` x � Durante el perioilol0%26/09-11 8/09, Yo no tt accidente, Yo indicare Ia fee ha delaecidente y indica que Yo estuve present e en la junta de m During the- stated period, Ihadno- work accidents. if', inju> next to my name Nty signature below a?so indi u . TOMBRE FIRMA l R (Name)' s `Sigusiure) F DN DE SEGI.RIDAD Y NOTIFICATI01! 0i i fechaµde acc dentdano al adode mi Hombre. Alif'irma'dEbaju tanabien -c�, c -d Form W'9 Request for Taxpayer Give form to the (Ra, Novd bw2" Identification Number and Certification requester. Do not Orouanent a ftTrwv.y Intand 1lwenue srmlu send to the IRS. N Nemo (as shown on Your Income tax return) ISS Grounds Control Inc. e 0 Business reins if Deferent from above c ti Checks ❑ mdieNlual/ k�I co,wituon Partnershi ---- Exempt from backup pproWlate box: sole Proprietor SY ❑ P ❑ Oma ► ............. ❑ wanhwdiry F IL Address (numbs, sbeel. and W. a sone nor) 23236 Lyons Ave. Suite 209 Requester's name and address (optbroQ Ust N Ent% your TIN in the appropriate box. The TW provided must match the name given on Line t to avoid social security number backup wifflAolding, For individuals, this is your social security number (SSM. However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, B - your employer Identification number (EIM. If you do not have a number, see How to get a 77N on page 3. or Note. If the account's in more than one name, see the chart on page 4 for guidelines on whose I Cmpbysr Identification number rurro%to enter. '() IA 11 t RI at di 7i 'a Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am wailing for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been ratified by the Internal Revenue Service QRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am ro longer subject to backup withholding, and 3. 1 am a U.S. person Including a U.S. resident aken). Certification Instructions. You must cross out item 2 above if you have been noted by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your lax return. For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sin g Fl9 sl nate( \ / _ . _ / / are us n. �,,. ► .�.r>r 7 . „v Purpose of Form ' " A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, real estate auurwunrnent or secwea property. Cancellation of debt, Or contributions you made to an IRA. U.S- person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify, that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. if a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: e An individual who is a citizen or resident of the United States, e A partnership, corporation, company, or association created or organized in the United States or under the laws e Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for Purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business in the United States Is in the following cases: e The U.S. owner of a disregarded entity and not the entity, Cat. No, 10201x Form W-9 Piet. 11-20051 FIRST AMENDMENT TO �O AGREEMENT NO. 10-00236 BETWEEN O THE CITY OF SANTA CLARITA AND ISS GROUNDS CONTROL, INC. Contract No. 10-00236-A ME DMENT ("Amendment") is made and entered into this �n­eraj law 0 city and S�Aorati Y b and between the CITY OF SANTA CCI Y;,) , a gSS GROUNDS tctpal corporation existing laws of California (` CONTROL, INC. ( amendment to I. Pursuant to Section 2. TERM, of Agreement No. 10-00236 ("Agreement"), section to read as follows: "The term of this Agreement has been extended from July 1, 2011 to June 30, 2012. The Agreement may be renewed upon mutual consent of the parties." 2, This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 10-00236 remain the same. [SIGNATURES ON NEXT PAGE) Revised 112011 Page 1 of 2 IN WITNESS WHEREOF, the Parties hereto have executed this contract the day and year fust hereinabove written. FOR CONTRACTOR: ti - By: print Name & Title Date: / FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: Date: ATTE: By: Date: City Manager APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By: City A o ey Date: Page 2 0�2 Revised 1/2011 F1 SECOND AMENDMENT TO AGREEMENT NO. 10-00236 BETWEEN THE CITY OF SANTA CLARITA AND ISS GROUNDS CONTROL, INC. Contract No. 10-00236-B THIS SECOND AMENDMENT ("Amendment') is made and entered into this Z' -flay of 20j?,by and between the CITY OF SANTA CLARITA, a general law city and mum pal corporation existing under the laws of California ("CITY"), and ISS GROUNDS CONTROL, INC. ("CONTRACTOR"). 1. Pursuant to Section 2. TERM of Agreement No. 10-00236 ("Agreement'), amendment to section to read as follows: "The term of this Agreement has been extended from July 1, 2012 to June 30, 2013. The Agreement may be renewed upon mutual consent of the parties." 2. Pursuant to Exhibit A. Invitation to Bid, Item 41. RENEWAL of Agreement No. 10-00236 ("Agreement'), the amount of this contract includes a Consumer Price Index increase of 2.02%. Total Annual Cost including this adjustment is $510,100. 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 10-00236 remain the same. Revised 1/2011 [SIGNATURES ON NEXT PAGE] Page I oft A IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRACTOR: n --T;--,-t Yvree Print Name & Title Date: f /-2-7/U/ 1 -- FOR CITY OF SANTA CLARITA: KENNETH R. PULSKAMP, CITY MANAGER By: _Jt« City Manager Date: 72-3- /2 ATTEST By: • Clerk Date: 2 - 3 0 -/,i- APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY By:)y4Z City Attorney Date: 71� 3 �� 2 Revised U2011 Page 2 of 2 THIRD AMENDMENT TO AGREEMENT NO. 10-00236 BETWEEN THE CITY OF SANTA CLARITA AND ISS GROUNDS CONTROL, INC. Contract No. 10-00236-C U THIS THIRD AMENDMENT ("Amendment") is made and entered into this day of A ti NN — 20 L-_:5, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and ISS GROUNDS CONTROL, INC. ("CONTRACTOR"). 1. Pursuant to Section 2. TERM of Agreement No. 10-00236 ("Agreement"), amendment to section [new section; amendment to section] to read as follows: "The term of this Agreement has been extended from July 1, 2013 to September 15, 2013. The Agreement may be renewed upon mutual consent of the parties" 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 10-00236 remain the same. [SIGNATURES ON NEXT PAGE] Revised 12011 Page 1 of IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR CONTRA By: `-n^1 n � /q<-, Gjd Zy^ Print Name & Title Date:-//?� FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER 0 City Date: 6— 1'l— 0 ATTEST: By: ' Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY City AnfrnK Date: Revised 1/2011 Page 2 of 2 FOURTH AMENDMENT, ASSIGNMENT AND ASSUMPTION AGREEMENT NO. 10-00236 BETWEEN THE CITY OF SANTA CLARITA AND FOUR SEASONS LANDSCAPE AND PROPERTY SERVICES, IQ,!� Contract No. 10-00236-D THIS FOURTH AMENDMENT ASSIGNMENT AND ASSUMPTION ("Amendment') is made and entered into this _3 L3' -day of_�20 � 2015, by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and ISS GROUNDS CONTROL, INC. ("Assignor") and, FOUR SEASONS LANDSCAPE AND PROPERTY SERVICES, INC. a California CORPORATION ("Assignee"). Recitals A. Assignor and the City entered into that certain Maintenance Agreement dated June 24, 2010, First Amendment dated June 20, 2011, Second Amendment dated July 23, 2012 and Third Amendment dated June 20, 2013 (the "Agreement') with respect to Tree Maintenance. B. Assignor desires to transfer the rights, responsibilities and obligations under the Agreement to Assignee and Assignee desires to assume same as a result of an acquisition. 2. Assignment and Assumption A. Assignor hereby assigns all of the existing rights, title, interest and obligations of Assignor under the Agreement to Assignee. Assignee hereby assumes all of the rights, title, interest and obligations of Assignor under the Agreement. B. City hereby consents to such assignment. 3. Amendment A. The Agreement is hereby amended to reflect that all references to Assignor in the Agreement are hereby replaced with references to Assignee. B. Section 2. TERM of the Agreement is hereby amended to read as follows: The term of this Agreement has been extended from September 16, 2013 to June 30, 2014. The Agreement may be renewed upon mutual consent of the parties. C. Except for such amendment, the Agreement is unchanged and remains in full force and effect. 4. Assignment and Assumption Agreement Revised 7/2009 Page I of 3 This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. [SIGNATURES ON NEXT PAGE] Revised 7/2009 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written. FOR AS IGNOR: By: 2 i �.1 LiJ1�i� VP Print Name & Title Date: �D By:rU-� FWLIO 0/ CoN,NEU. �U Print Name & Title Date: 9/c/1I , FOR CITY SAN CLARITA: KENNE W1 STOPLfq CITY MANAGER By: 111,111111 IkAo City 1101 ager Date: Q �3 ATTEST: By: f� 10 City C/Ierk Date: _ " I(�I0 APPROVED AS TO FORM: FOR ASSIGNEE: / // JOSEPH M. ONTES, CJTY ATTORNEY /� By: By: 1 t4A �"� City Acy Date: i�ly Print Name & Title Date: sd -3 a b7 By: Print Name & Ti le Date: `� 50 I Revised 7/2009 Page 3 of 3 August 2-1. 013 Mr. Dermis Luppcns Special District .Administratpr City of Sants Clarity 2392t1 Valencia Bled, Suite MO Santa Clarita. CA 91 55 RE: LIM Contract if 08-W 141) - Landscape Iviaimrnaamc Contract. 6A4D Zone T-31 LMD Comract t 10-002-16O _ LMD Tree Maintcnance pre'=m LND Contract a 13-00-155A - Alta Vism Reforestation Proiect. LNtD Znnc T51 Dear hir. Luppens. We are very excited to inform you that we at Four `aeasons Landscape and Property Scn^ices. Inc. have acquired ISS Grounds Control. Inc_. California. This is a vm frciting time in our company and we want to emphasize the commitment Four Seasons has to you and your property, Four Seasons Landseapz and Property Services. Inc. was established by Dan Blumcl and Brian Dal}. bringing a combined thirty-five years of landscape experience in Southern California to you as our diems. Four Seasons Landscape and Propem Serviees. Inc. is committed to providing you with an outsuuttiing service, designed to not only meet but exceed your expectations. We are staffed with highly trained pretc:ssionats uho are experts in every tacet of landscape maintenance, tree trimming. porter cenices.. and landscape installation. Including dasign, planting, irrigation and draimtgc. At Four Seasons Landscape and Irrupetty Services we believe excellent service is based on trust. integrity. and a partnership ber%veen out organization and yours. We greatly look forward to providing you with such a +t -mice. Sincently. Dan Blume]. President 24$47 Arch 54re Santa Clariu, CA 91-32.1 135513%5-7722 of;ce 16611 750-4733 fax i l FIFTH AMENDMENT TO AGREEMENT NO. 10-00236 BETWEEN THE CITY OF SANTA CLARITA AND FOUR SEASONS LANDSCAPE AND PROPERTY SERVICES, INC. DBA FOUR SEASONS LANDSCAPE Contract No. 10-00236-E THIS FIFTH AMENDMENT ("Amendment") is made and entered into this , day of 20by and between the CITY OF SANTA CLARITA, a general law city and municipal corporation existing under the laws of California ("CITY"), and FOUR SEASONS LANDSCAPE AND PROPERTY SERVICES, INC., DBA FOUR SEASONS LANDSCAPE ("CONTRACTOR"). 1. Pursuant to Section 1. CONSIDERATION, Part C, of Agreement No. 10-00236 ("Agreement"), amendment to section [new section; amendment to section] to read as follows: "As additional consideration, CITY agrees to pay CONTRACTOR on a monthly basis an amount set forth in the attached Exhibit "B," which is incorporated by reference, an annual amount not to exceed $710,000, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice." 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 10-00236 remain the same. [SIGNATURES ON NEXT PAGE] tt7 Revised 1/2011 Page I of 2 IN WITNESS WHEREOF, the; parties hereto have executed this contract the day and year first hereinabove written. i'; FOR CONTRACTOR: By: Print Name & Title Date: FOR CITY OF SANTA CLARITA: KENNETH W. STRIPLIN, CITY MANAGER LN City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: JOSEPH M. MONTES, CITY ATTORNEY m City Attorney Date: Revised 1/2011 Page 2 of 2