7 & !%!%/)42 2+$2+&!% 3 #)!$8 %&3%6Gary Kurtz Larry Lizotte Brian Probolsky Director V ice President/Chair President Director Director Vice President (arrived at 8:33 a.m.) Also present

ENGINEERING & OPERATIONS BOARD OF DIRECTORS' MEETING

MOULTON NIGUEL WATER DISTRICT 27500 La Paz Road, Laguna Niguel

October 16, 2017 8:30 AM

Approximate Meeting Time: 2 Hours

THIS BOARD MEETING WILL INCLUDE TELECONFERENCING AT THE FOLLOWING LOCATION: 12025 CEDAR SHORE ROAD, ELLISON BAY, WISCONSIN

1. CALL MEETING TO ORDER

2. APPROVE THE MINUTES OF THE SEPTEMBER 18, 2017 ENGINEERING ANDOPERATIONS BOARD OF DIRECTORS' MEETING

3. PUBLIC COMMENTSPersons wishing to address the Board of Directors on matters not listed on the Agenda may do so at this time.“Request To Be Heard” forms are available at the entrance to the Board Room. Comments are limited to fiveminutes unless further time is granted by the Presiding Officer. Submit form to the Recording Secretary prior to thebeginning of the meeting.

Those wishing to address the Board of Directors on any item listed on the Agenda should submit a “Request To BeHeard” form to the Recording Secretary before the Presiding Officer announces that agenda item. Your name willbe called to speak at that time.

PRESENTATION ITEMS

4. Huntington Beach Desalination Project Presentation

DISCUSSION ITEMS

5. Tree Maintenance Service Agreement

6. Fuel Delivery Service Agreement

INFORMATION ITEMS

7. Operations Center Consolidation Improvement Project Update

8. Future Agenda Items (Any items added under this section are for discussion at future meetingsonly)

9. Late Items (Appropriate Findings to be Made)

a. Need to take immediate action; and

b. Need for action came to District’s attention after Agenda Posting. [Requires 2/3 vote (5 members) or unanimous vote if less than 2/3 are present]

CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)

Name of case: SOCWA, City of Laguna Beach, South Coast Water District and Emerald Bay Service District v. Moulton Niguel Water District

Case number 30-2017-00923143-CU-BC-CJC ADJOURNMENT

The Board of Directors' Meeting Room is wheelchair accessible. If you require any special disability related accommodations (i.e., access to an amplified sound system, etc.), please contact the Moulton Niguel Water District Secretary's office at (949) 831-2500 at least forty-eight (48) hours prior to the scheduled meeting. This agenda can be obtained in alternate format upon written request to the Moulton Niguel Water District Secretary at least forty-eight (48) hours prior to the scheduled meeting. Agenda exhibits and other writings that are disclosable public records distributed to all, or a majority of, the members of the Moulton Niguel Water District Board of Directors in connection with a matter subject to discussion or consideration at an open meeting of the Board of Directors are available for public inspection at the District Office, 27500 La Paz Road, Laguna Niguel, CA (“District Office”). If such writings are distributed to members of the Board less than seventy-two (72) hours prior to the meeting, they will be available in the reception area of the District Office at the same time as they are distributed except that, if such writings are distributed immediately prior to, or during the meeting, they will be available in the Board meeting room and on the District website at www.mnwd.com.

DRAFT

MINUTES OF THE REGULAR MEETING OF THE

ENGINEERING & OPERATIONS BOARD OF DIRECTORS OF THE

MOULTON NIGUEL WATER DISTRICT

September 18, 2017

A Regular Meeting of the Engineering & Operations Board of Directors of the Moulton

Niguel Water District was held at the District offices, 27500 La Paz Road, Laguna Niguel,

California, at 8:30 AM on September 18, 2017. There were present and participating:

DIRECTORS

Duane Cave

Scott Colton

Donald Froelich

Gary Kurtz

Larry Lizotte

Brian Probolsky

Director

Vice President/Chair

President

Director

Director

Vice President (arrived at 8:33 a.m.)

Also present and participating were:

STAFF MEMBERS, LEGAL COUNSEL, AND MEMBERS OF THE PUBLIC

Joone Lopez

Matt Collings

Gina Hillary

Drew Atwater

Jake Vollebregt

Rod Woods

Todd Novacek

Jeff Ferre

Paige Gulck

Tim Bonita

Trevor Agrelius

Matt Brown

Johnathan Cruz

Todd Dmytryshyn

David Larsen

General Manager

Assistant General Manager

Director of Human Resources

Director of Planning

Director of Regional & Legal Affairs

Director of Engineering

Director of Operations

Best, Best, & Krieger (General Counsel)

Board Secretary

Recording Secretary

MNWD

MNWD

MNWD

MNWD

MNWD

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September 18, 2017 Page 2

Shavonne Mays

Steve Merk

Medha Patel

Alex Thomas

Jeffrey Dunn

Doug Chotkevys

Roger Faubel

Mike Dunbar

John Petke

Steve Vlahos

MNWD

MNWD

MNWD

MNWD

Best, Best, & Krieger

Chotkevys Consulting

Faubel Public Affairs

General Manager, Emerald Bay Service District

Mission Viejo Country Club

Mission Viejo Country Club

1. CALL MEETING TO ORDER

The meeting was called to order by Scott Colton at 8:30 a.m.

2. APPROVE THE MINUTES OF THE AUGUST 14, 2017 ENGINEERING AND

OPERATIONS BOARD OF DIRECTORS' MEETING

MOTION DULY MADE BY DUANE CAVE AND SECONDED BY GARY KURTZ,

MINUTES OF THE AUGUST 14, 2017 ENGINEERING AND OPERATIONS BOARD

OF DIRECTORS’ MEETING WERE APPROVED AS PRESENTED. THE VOTE WAS

UNANIMOUS WITH DIRECTORS DUANE CAVE, SCOTT COLTON, DONALD

FROELICH, GARY KURTZ, AND LARRY LIZOTTE ALL VOTING ‘AYE’. DIRECTOR

BRIAN PROBOLSKY WAS ABSENT.

3. PUBLIC COMMENTS

None.

DISCUSSION ITEMS

4. Construction Contract Award for 920 Zone Loop Pipeline

Alex Thomas provided information on the item. Staff recommends that the Board of

Directors award the construction services contract to T.E. Roberts, Inc. in the amount of

$165,892; authorize the General Manager or Assistant General Manager to execute the

contract and; to approve change orders up to 10% of the contract value. Discussion

ensued regarding the contract.

Brian Probolsky arrived at 8:33 a.m.

5. Construction Contract Award for ETM Pipeline Removal in San Juan Creek

Rod Woods presented background on the item. Staff recommends that the Board of

Directors award the construction services contract to Paulus Engineering, Inc. in the

amount of $113,183 contingent upon a determination by the General Manager or

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Assistant General Manager that all regulatory permits have been secured with favorable

conditions; authorize the General Manager or Assistant General Manager to execute the

contract; and to approve change orders up to 10% of the contract value. Santa

Margarita Water District will reimburse 50% of the costs as partners. Discussion

ensued regarding the project.

6. Construction Contract Award for Plant 3A Flood Protection

David Larsen provided details on the item. Staff recommends that the Board of

Directors award the construction services contract to Paulus Engineering, Inc. in the

amount of $369,789; authorize the General Manager or Assistant General Manager to

execute the contract; and to approve change orders up to 10% of the contract value.

Santa Margarita Water District will reimburse 28% of the costs as partners in the

project. Discussion ensued regarding the project.

7. Professional Services Agreement for Potable, Recycled, and Sewer Pipeline

Replacements at I-5 and Oso Creek

David Larsen provided details on the agreement. Staff recommends that the Board of

Directors approve the Professional Services Agreement with GHD, Inc. in an amount of

$472,033; authorize the General Manager or Assistant General Manager to execute the

agreement; and to approve amendments up to 10% of the contract value. Discussion

ensued regarding the project details.

8. Professional Services Agreement for the Recycled Water Optimization Study

Rod Woods provided information on the item. Staff recommends that the Board of

Directors approve the Professional Services Agreement for engineering services with

AKM Consulting Engineers in the amount of $192,726; authorize the General Manager

or Assistant General Manager to execute the Agreement; and to approve amendments up

to 10% of the contract value. Discussion ensued regarding the terms of the agreement.

12. Late Items (Appropriate Findings to be Made)

This item was taken after Item 8. Staff requested that an item be added to the agenda to

consider adoption of a resolution honoring the Mission Viejo Country Club on its 50th

anniversary. It was explained that the request came to the District from members of the

community after the posting of the agenda and that there was a need to take immediate

action since the program, where such resolutions would be included, would be produced

prior to the next available District Board meeting. Legal counsel then recommended

that pursuant to Government Code Section 54954.2(b)(2), the Board could entertain a

motion to add the following item to the agenda:

Consideration and possible action to adopt a Resolution Honoring The Mission Viejo

Country Club On Its 50th Anniversary.

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A motion was then made by Director Lizotte, seconded by Director Colton, to add the

proposed resolution to the agenda.

THE VOTE WAS UNANIMOUS WITH DIRECTORS DUANE CAVE, SCOTT COLTON,

DONALD FROELICH, GARY KURTZ, LARRY LIZOTTE AND BRIAN PROBOLSKY

ALL VOTING ‘AYE’.

After the item was added to the agenda, the Board elected to take up the matter at that

time. After comments from members of the public who spoke in favor of the resolution, a

motion was then made by Director Kurtz, seconded by Director Lizotte, to adopt the

resolution entitled, “Honoring The Mission Viejo Country Club On Its 50th

Anniversary.”

THE VOTE WAS UNANIMOUS WITH DIRECTORS DUANE CAVE, SCOTT COLTON,

DONALD FROELICH, GARY KURTZ, LARRY LIZOTTE AND BRIAN PROBOLSKY

ALL VOTING ‘AYE’.

INFORMATION ITEMS

9. Water Loss Reporting Requirement

Drew Atwater provided a presentation on the Water Loss Reporting Requirement.

10. Operations Center Consolidation Improvement Project Update

Matt Collings provided an Operations Center Consolidation Improvement Project

Update. The District is working on finalizing our CEQA document as well as updating

the planning submittal to the City of Laguna Hills..

11. Future Agenda Items (Any items added under this section are for discussion at future

meetings only)

None.

CLOSED SESSION

13. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Pursuant to Government Code Section 54956.8

Property: E/O Camino Capistrano and approximately 1,700 feet S/O Oso Parkway,

Mission Viejo, APN 636-021-13, 636-012-17

Agency negotiator: Rod Woods, Director of Engineering

Negotiating party: Cal Trans

Under negotiation: price and terms of payment

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14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)

Name of case: SOCWA, City of Laguna Beach, South Coast Water District and Emerald

Bay Service District v. Moulton Niguel Water District

Case number 30-2017-00923143-CU-BC-CJC

The Board entered closed session at 9:33 a.m. and exited at 10:47 a.m. Jeff Ferre stated

that there was no reportable action on item 13 or 14.

ADJOURNMENT

The meeting was adjourned at 10:48 a.m.

Respectfully submitted,

Tim Bonita

Recording Secretary

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STAFF REPORT

TO: Board of Directors MEETING DATE: October 16, 2017

FROM: Drew Atwater, Director of Planning Lindsey Stuvick, Water Efficiency Manager

SUBJECT: Tree Maintenance Service Agreement

SUMMARY:

Issue: Staff requires Board authorization to enter into a multi-year service agreement for tree maintenance services.

Recommendation: It is recommended that the Board of Directors approve a three-year service agreement with Great Scott Tree Service, Inc., for a total not-to-exceed amount of $259,980 with an optional two-year extension for tree maintenance services; and authorize the General Manager or Assistant General Manager to execute the agreement.

Fiscal Impact: Adequate funds have been allocated in the applicable Fiscal Year General Fund Operation and Maintenance budget.

Reviewed by Legal: Yes

BACKGROUND:

The District maintains approximately 3,440 trees at 33 sites throughout its service area. Periodic maintenance is required to keep the trees healthy, appropriately-sized, and presentable to the public, as many of the District’s sites are nestled within residential neighborhoods.

Individual tree maintenance requirements vary based on size, species, and environmental conditions; most trees do not require attention every year. Regular maintenance is needed to remove overgrown, diseased, or damaged trees that could pose a hazard to the District’s facilities or neighboring properties, or that could possibly interfere with site access.

Over the last three years, the District’s trees have been physically tagged and digitally catalogued into a GIS database. Staff have been able to manage the tree

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Tree Maintenance Service Agreement October 16, 2017 Page 2 of 3 inventory via an interactive, online portal, making it easier to oversee the tree maintenance program and track the District’s trees. Staff is looking to contract for tree maintenance services that include: tree pruning, palm tree pruning, tree removal, stump grinding, emergency services, crew rental, and management of the District’s trees and online GIS database. DISCUSSION: Staff issued a Request for Qualifications and Quotes (RFQQ) to nine (9) local tree maintenance contractors and received proposals from two (2) contractors, Great Scott Tree Service, Inc. and West Coast Arborists, Inc. The RFQQ indicated a three-year agreement term to include Fiscal Years 2017-18 through 2019-20, with a possible two-year extension to include Fiscal Years 2020-21 through 2021-22.

List of Vendors Who Received RFQQ

Contractor Status

Great Scott Tree Service, Inc. Submitted bid

West Coast Arborists, Inc. Submitted bid

Peterson’s Tree Works, Inc. Non-responsive

Specialized Tree Works, Inc. Declined to participate

Modern Horticulture, Inc. Declined to participate

So Cal Tree Care, Inc. Declined to participate

Sunset Landscape, Inc. Declined to participate

Earthwise Aborists, Inc. Non-Responsive

Pacific Coast Arborists, Inc Non-responsive

Staff compared the unit costs in each bid, paying particular attention to tree pruning costs as they constitute the majority of the District’s tree maintenance service needs. Based on the comparison, Great Scott Tree Service, Inc. provided the lowest per unit quotations for small (i.e. 0”-6” & 7”-12” diameters) and medium (i.e. 13”-18” & 19”-24” diameters) size trees, which comprise 96% of the District’s tree pruning service needs.

Comparison of Unit Costs for Tree Maintenance Services

Tree Diameter at Breast Height

Quantity of District’s

Trees

Unit Cost (Great Scott Tree

Service, Inc.)

Unit Cost (West Coast

Arborist, Inc.)

0-6 1247 $39.00 $55.00

7-12 1044 $69.00 $95.00

13-18 611 $99.00 $125.00

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Tree Maintenance Service Agreement October 16, 2017 Page 3 of 3

19-24 382 $149.00 $175.00

25-30 113 $299.00 $175.00

31+ 43 $399.00 $175.00

Staff typically use historical tree maintenance records and unit costs to project a three-year budget. However, an extended drought, severe winter storms, and a bark beetle infestation, led to a 200% increase in tree removals in Fiscal Year 2016-2017 compared to previous years. To create a three-year budget more representative of normal tree service needs, staff used actual tree maintenance records from Fiscal Years 2014-2015, 2015-2016, and an average of the two Fiscal Years to replace the anomalous quantities from Fiscal Year 2016-2017.

Staff applied the unit costs supplied by Great Scott Tree Service, Inc. to the projected quantities calculated above and found an estimated three-year budget of $259,980. For comparative purposes, staff also applied the unit costs from West Coast Arborists, Inc. and found an estimated three-year budget of $261,050. Both firms meet the required tree service qualifications and both provided excellent referrals. However, given their lower overall bid, staff recommend the Board authorize the General Manager or Assistant General Manager to execute an agreement with Great Scott Tree Service, Inc. for a not-to-exceed amount of $259,980 for a three-year agreement with a possible two-year extension.

Attachment: Agreement for Annual Tree Maintenance Services

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AGREEMENT FOR ANNUAL TREE MAINTENANCE SERVICES

CONTRACT NO. OM17-18.024

Page 1 of 31

OM17-18.024 -ANNUAL TREE MAINTENANCE SERVICES – VENDOR NAME

1. PARTIES AND DATE.

This Agreement for ANNUAL TREE MAINTENANCE SERVICES (“Agreement”) is

made and entered into this 1 day of OCTOBER, 2017, by and between the Moulton Niguel Water

District, ("District") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF

BUSINESS e.g., CORPORATION], with its principal place of business at [INSERT

ADDRESS] ("Contractor"). District and Contractor are sometimes individually referred to herein

as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain

ANNUAL TREE MAINTENANCE SERVICES required by District on the terms and

conditions set forth in this Agreement. Contractor represents that it is experienced in providing

ANNUAL TREE MAINTENANCE SERVICES to public clients, is licensed in the State of

California, and is familiar with the plans of District.

2.2 Project.

District desires to engage Contractor to render such services for the ANNUAL TREE

MAINTENANCE SERVICES [AND CONTRACT NUMBER, IF APPLICABLE] project

("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to District all labor, materials, tools, equipment, services, and incidental and customary work

necessary to fully and adequately supply the services and advice on various issues affecting the

decisions of District regarding the Project and on other programs and matters affecting District

("Services"). The Services are more particularly described in Exhibit "A" attached hereto and

incorporated herein by reference. All Services shall be subject to, and performed in accordance

with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all

applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from the date first specified above to 30 SEPTEMBER 2020, unless earlier terminated as provided herein. District shall have

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OM17-18.024


the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two

(2) additional one-year terms. Contractor shall complete the Services within the term of this

Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the

means, methods and details of performing the Services subject to the requirements of this

Agreement. District retains Contractor on an independent contractor basis and not as an employee

of District. Contractor retains the right to perform similar or different services for others during

the term of this Agreement. Any additional personnel performing the Services under this

Agreement on behalf of Contractor shall also not be employees of District and shall at all times be

under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and

other amounts due such personnel in connection with their performance of Services under this

Agreement and as required by law. Contractor shall be responsible for all reports and obligations

respecting such additional personnel, including, but not limited to: social security taxes, income

tax withholding, unemployment insurance, disability insurance, and workers' compensation

insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in

Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has

the skilled personnel required to perform the Services in conformance with such conditions. In

order to facilitate Contractor's conformance with the Schedule, District shall respond to

Contractor's submittals in a timely manner. Upon request of District, Contractor shall provide a

more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of District.

3.2.4 Substitution of Key Personnel. Contractor has represented to District that certain key personnel will perform and coordinate the Services under this Agreement. Should one

or more of such personnel become unavailable, Contractor may substitute other personnel of at

least equal competence and experience upon written approval of District. In the event that District

and Contractor cannot agree as to the substitution of key personnel, District shall be entitled to

terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to

perform the Services in a manner acceptable to District, or who are determined by District to be

uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat

to the safety of persons or property, shall be promptly removed from the Project by Contractor at

the request of District. The key personnel for performance of this Agreement are as follows:

[INSERT NAME(S)].

3.2.5 District's Representative. District hereby designates LINDSEY STUVICK, WATER EFFICIENCY MANAGER, or her designee, to act as its representative for the

performance of this Agreement ("District's Representative"). District's Representative shall have

the power to act on behalf of District for all purposes under this Agreement. Contractor shall not

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OM17-18.024


accept direction or orders from any person other than District's Representative or his or her

designee.

3.2.6 Contractor's Representative. Contractor hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this

Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority

to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's

Representative shall supervise and direct the Services, using his or her best skill and attention, and

shall be responsible for all means, methods, techniques, sequences and procedures and for the

satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Contractor agrees to work closely with District staff in the performance of Services and shall be available to District's staff, consultants and other

staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards

generally recognized as being employed by contractors in the same discipline in the State of

California. Contractor represents and maintains that it is skilled in the calling necessary to perform

the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill

and experience to perform the Services assigned to them. Finally, Contractor represents that it, its

employees and subcontractors have all licenses, permits, qualifications and approvals of whatever

nature that are legally required to perform the Services, including a business license, and that such

licenses and approvals shall be maintained throughout the term of this Agreement. As provided

for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost

and expense and without reimbursement from District, any services necessary to correct errors or

omissions which are caused by Contractor's failure to comply with the standard of care provided

for herein, and shall be fully responsible to District for all damages and other liabilities provided

for in the indemnification provisions of this Agreement arising from the Contractor’s errors and

omissions.. Any employee of Contractor or its subcontractors who is determined by District to be

uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat

to the safety of persons or property, or any employee who fails or refuses to perform the Services

in a manner acceptable to District, shall be promptly removed from the Project by Contractor and

shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the

performance of the Project or the Services, including all Cal/OSHA requirements, and shall give

all notices required by law. Contractor shall be liable for all violations of such laws and regulations

in connection with Services. If Contractor performs any work knowing it to be contrary to such

laws, rules and regulations and without giving written notice to District, Contractor shall be solely

responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold District,

its officials, directors, officers, employees and agents free and harmless, pursuant to the

indemnification provisions of this Agreement, from any claim or liability arising out of any failure

or alleged failure to comply with such laws, rules or regulations.

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OM17-18.024


3.2.10 Insurance.

(a) Time for Compliance. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or

damages to property which may arise from or in connection with the performance of the

Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor

shall not commence work under this Agreement until it has provided evidence satisfactory to

District that it has secured all insurance required under this section. In addition, Contractor shall

not allow any subcontractor to commence work on any subcontract until it has provided evidence

satisfactory to District that the subcontractor has secured all insurance required under this section.

(b) Types of Required Coverages. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the

indemnity provisions of the Agreement, Contractor in partial performance of its obligations under

such Agreement, shall procure and maintain in full force and effect during the term of the

Agreement, the following policies of insurance.

(i) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as the latest version of the Insurance

Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per

occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no

endorsements or provisions limiting coverage for (1) products and completed operations; (2)

contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims

or suits by one insured against another.

(ii) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as the latest version of Insurance Services Office Form

CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident.

(iii) Workers' Compensation and Employer’s Liability: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance

with a limit of not less than $1,000,000 per accident for bodily injury and disease.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date

of the initial Agreement and continuous coverage will be maintained or an extended reporting

period will be exercised for a period of at least three (3) years from termination or expiration of

this Agreement.

(c) Endorsements.

(i) The policy or policies of insurance required by Section 3.2.10(b) (i) Commercial General Liability and (ii) Automobile Liability Insurance and shall be

endorsed to provide the following:

(1) Additional Insured: District, its directors, members, officials,

officers, employees and agents shall be additional insureds with

regard to liability and defense of suits or claims arising out of the

performance of the Agreement. Endorsements shall be issued on a

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OM17-18.024


combination of ISO CG 20 10 and CG 20 37 or exact equivalents.

Additional Insured Endorsements shall not (1) be restricted to

"ongoing operations"; (2) exclude "contractual liability"; (3) restrict

coverage to "sole" liability of Contractor; or (4) contain any other

exclusions contrary to the Agreement.

(2) Primary Insurance and Non-Contributing Insurance: This insurance

shall be primary and any other insurance, deductible, or self-

insurance maintained by the District, its directors, members,

officials, officers, employees and agents shall not contribute with

this primary insurance.

(3) Severability: In the event of one insured, whether named or

additional, incurs liability to any other of the insureds, whether

named or additional, the policy shall cover the insured against whom

claim is or may be made in the same manner as if separate policies

had been issued to each insured, except that the limits of insurance

shall not be increased thereby.

(4) Cancellation: The policy shall not be canceled or the coverage

suspended, voided, reduced or allowed to expire until a thirty (30)

day prior written notice of cancellation has been served upon

District except ten (10) days prior written notice shall be allowed for

non-payment of premium.

(5) Waiver of Subrogation: A waiver of subrogation stating that the

insurer waives all rights of subrogation against the District, its

directors, members, officials, officers, employees and agents.

(6) Duties: Any failure by the named insured to comply with reporting

provisions of the policy or breaches or violations of warranties shall

not affect coverage provided to the District, its directors, members,

officials, officers, employees and agents.

(7) Applicability: That the coverage provided therein shall apply to the

obligations assumed by Contractor under the indemnity provisions

of the Agreement, unless the policy or policies contain a blanket

form of contractual liability coverage.

(ii) The policy or policies of insurance required by Section 3.2.10(b) (iii) Workers' Compensation shall be endorsed, as follows:

(1) Waiver of Subrogation: A waiver of subrogation stating that the

insurer waives all rights of subrogation against the District, its

directors, members, officials, officers, employees and agents.

(2) Cancellation: The policy shall not be canceled or the coverage

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OM17-18.024


suspended, voided, reduced or allowed to expire until a thirty (30)

day prior written notice of cancellation has been served upon

District except ten (10) days prior written notice shall be allowed for

non-payment of premium.

(d) Deductible. Any deductible or self-insured retention must be approved in writing by District and shall protect the District, its directors, members, officials,

officers, employees and agents in the same manner and to the same extent as they would have been

protected had the policy or policies not contained a deductible or self-insured retention.

(e) Evidence of Insurance. Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either

certified copies of the required policies, or original certificates and endorsements on forms

approved by District. The certificates and endorsements for each insurance policy shall be signed

by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days)

prior to the expiration of any such policy, evidence of insurance showing that such insurance

coverage has been renewed or extended shall be filed with District. If such coverage is cancelled

or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation

or reduction of coverage, file with District evidence of insurance showing that the required

insurance has been reinstated or has been provided through another insurance company or

companies.

(f) Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not

in effect and evidence of insurance has not been furnished to District. District shall have the right

to withhold any payment due Contractor until Contractor has fully complied with the insurance

provisions of this Agreement.

In the event that Contractor's operations are suspended for failure to maintain required insurance

coverage, Contractor shall not be entitled to an extension of time for completion of the work

because of production lost during suspension.

(g) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A-:VII and authorized to do business

in the State of California, or otherwise allowed to place insurance through surplus line brokers

under applicable provisions of the California Insurance Code or any federal law.

(h) Insurance for Subcontractors. Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this

Agreement, including adding District as an Additional Insured to the subcontractor's policies.

3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be

in compliance with all applicable local, state and federal laws, rules and regulations, and shall

exercise all necessary precautions for the safety of employees appropriate to the nature of the work

and the conditions under which the work is to be performed. Safety precautions as applicable shall

include, but shall not be limited to: (A) adequate life protection and life saving equipment and

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procedures; (B) instructions in accident prevention for all employees and subcontractors, such as

safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,

trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are

necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the

proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in

Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall

not exceed Two Hundred Fifty-nine Thousand Nine Hundred Eighty dollars ($259,980). Extra Work may be authorized, as described below, and if authorized, will be compensated at the

rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to District a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor.

The statement shall describe the amount of Services and supplies provided since the initial

commencement date, or since the start of the subsequent billing periods, as appropriate, through

the date of the statement. District shall, within 45 days of receiving such statement, review the

statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by District.

3.3.4 Extra Work. At any time during the term of this Agreement, District may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which

is determined by District to be necessary for the proper completion of the Project, but which the

parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization

from District's Representative.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit "C" shall be adjusted each year at the time of renewal

in accordance with the Consumer Price Index, All Urban Consumers, or at the percentage rate set

forth in Exhibit "C."

3.3.6 California Labor Code Requirements

(a) Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section

16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and

the performance of other requirements on "public works" and "maintenance" projects. If the

Services are being performed as part of an applicable "public works" or "maintenance" project, as

defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor

agrees to fully comply with such Prevailing Wage Laws. District shall provide Contractor with a

copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

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Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification

or type of worker needed to execute the Services available to interested parties upon request, and

shall post copies at Contractor's principal place of business and at the project site. Contractor shall

defend, indemnify and hold District, its elected officials, officers, employees and agents free and

harmless from any claim or liability arising out of any failure or alleged failure to comply with the

Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply

with all California Labor Code provisions, which include but are not limited to prevailing wages

(Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section

1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections

1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sections 1777.1).

(b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the

Contractor and all subcontractors performing such Services must be registered with the

Department of Industrial Relations. Contractor shall maintain registration for the duration of the

Project and require the same of any subcontractors, as applicable. This Project may also be subject

to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be

Contractor’s sole responsibility to comply with all applicable registration and labor compliance

requirements.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this

Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative

of District during normal business hours to examine, audit, and make transcripts or copies of such

records and any other documents created pursuant to this Agreement. Contractor shall allow

inspection of all work, data, documents, proceedings, and activities related to the Agreement for a

period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

(a) Grounds for Termination. District may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by

giving written notice to Contractor of such termination, and specifying the effective date thereof,

at least seven (7) days before the effective date of such termination. Upon termination, Contractor

shall be compensated only for those services which have been fully and adequately rendered to

District through the effective date of the termination, and Contractor shall be entitled to no further

compensation. Contractor may not terminate this Agreement except for cause.

(b) Effect of Termination. If this Agreement is terminated as provided herein, District may require Contractor to provide all finished or unfinished Documents and Data,

as defined below, and other information of any kind prepared by Contractor in connection with the

performance of Services under this Agreement. Contractor shall be required to provide such

document and other information within fifteen (15) days of the request.

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(c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, District may procure, upon such terms and in such manner as

it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the

respective parties may provide in writing for this purpose:

Contractor:

[INSERT NAME

ADDRESS

ADDRESS

CONTACT PERSON]

District:

Program and Operation Questions: Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, CA 92677 Attn: Lindsey Stuvick Water Efficiency Manager

Legal and Contract Questions Moulton Niguel Water District 26161 Gordon Road Laguna Hills, CA 92653 ATTN: Contracts Department

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)

hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its

applicable address. Actual notice shall be deemed adequate notice on the date actual notice

occurred, regardless of the method of service.

3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,

appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,

the prevailing party in such litigation shall be entitled to have and recover from the losing party

reasonable attorneys’ fees and all costs of such action.

3.5.5 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold District, its officials, officers, employees, volunteers and agents free

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and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,

damage or injury, in law or equity, to property or persons, including wrongful death, in any manner

arising out of or incident to any alleged negligent acts, omissions or willful misconduct of

Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out

of or in connection with the performance of the Services, the Project or this Agreement, including

without limitation the payment of all consequential damages, attorneys’ fees and other related costs

and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such

aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted

against District, its directors, officials, officers, employees, agents or volunteers. Contractor shall

pay and satisfy any judgment, award or decree that may be rendered against District or its directors,

officials, officers, employees, agents or volunteers, in any such suit, action or other legal

proceeding. Contractor shall reimburse District and its directors, officials, officers, employees,

agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’

fees, incurred by each of them in connection therewith or in enforcing the indemnity herein

provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,

received by District or its directors, officials, officers, employees, agents or volunteers.

Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code

Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section

2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful

misconduct of the Contractor. This Section 3.5.5 shall survive any expiration or termination of this

Agreement.

3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations,

understandings or agreements. This Agreement may only be supplemented, amended or modified

by a writing signed by both Parties.

3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 District's Right to Employ Other Contractors. District reserves the right to employ other Contractors in connection with this Project.

3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the

prior written consent of District. Any attempt to do so shall be null and void, and any assignees,

hypothecates or transferees shall acquire no right or interest by reason of such attempted

assignment, hypothecation or transfer.

3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be

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construed simply, according to its fair meaning, and not strictly for or against any Party. Any term

referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Contractor include all personnel, employees, agents, and subcontractors of

Contractor, except as otherwise specified in this Agreement. All references to District include its

elected officials, officers, employees, agents, and volunteers except as otherwise specified in this

Agreement. The captions of the various articles and paragraphs are for convenience and ease of

reference only, and do not define, limit, augment, or describe the scope, content, or intent of this

Agreement.

3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,

privilege, or service voluntarily given or performed by a Party shall give the other Party any

contractual rights by custom, estoppel, or otherwise.

3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining

provisions shall continue in full force and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely

for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not

paid nor has it agreed to pay any company or person, other than a bona fide employee working

solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration

contingent upon or resulting from the award or making of this Agreement. For breach or violation

of this warranty, District shall have the right to rescind this Agreement without liability. For the

term of this Agreement, no member, officer or employee of District, during the term of his or her

service with District, shall have any direct interest in this Agreement, or obtain any present or

anticipated material benefit arising therefrom.

3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or

applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex

or age. Such non-discrimination shall include, but not be limited to, all activities related to

initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff

or termination. Contractor shall also comply with all relevant provisions of any minority business

enterprise program, affirmative action plan or other related programs or guidelines currently in

effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every

employer to be insured against liability for Workers’ Compensation or to undertake self-insurance

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in accordance with the provisions of that Code, and agrees to comply with such provisions before

commencing the performance of the Services.

3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party

warrants that the individuals who have signed this Agreement have the legal power, right, and

authority to make this Agreement and bind each respective Party.

3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.22 Employment Adverse to District. Contractor shall notify District, and shall obtain District’s written consent, prior to accepting work to assist with or participate in a third-

party lawsuit or other legal or administrative proceeding against District during the term of this

Agreement.

3.5.23 Conflict of Employment. Employment by Contractor of personnel currently on the payroll of District shall not be permitted in the performance of this Agreement, even though

such employment may occur outside of the employee’s regular working hours or on weekends,

holidays or vacation time. Further, the employment by Contractor of personnel who have been on

District’s payroll within one year prior to the date of execution of this Agreement, where this

employment is caused by and or dependent upon Contractor securing this or related Agreements

with District, is prohibited.

3.5.24 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the

indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas

or court orders, shall survive any such expiration or termination.

3.5.25 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of

District. Subcontracts, if any, shall contain a provision making them subject to all provisions

stipulated in this Agreement.

SIGNATURES ON FOLLOWING PAGE

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SIGNATURE PAGE FOR AGREEMENT

FOR ANNUAL TREE MAINTENANCE SERVICES

IN WITNESS WHEREOF, this Agreement was executed on the date first written above.

MOULTON NIGUEL WATER DISTRICT

Approved By:

[INSERT NAME]

[INSERT TITLE]

Date

Attest:

Board Secretary

[INSERT CONTRACTOR NAME]

Signature

Name

Title

Date

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EXHIBIT A

SCOPE OF WORK

EXHIBIT A


It shall be understood that the Contractor will be required to perform and complete the tree

maintenance work in a thorough and professional manner, and to provide all labor, tools,

equipment, materials, and supplies necessary to complete all the work in a timely manner, fully

satisfying the District’s requirements. The following is a summary of the scope of work required

to comply with the tree maintenance service agreement:

A. Tree Pruning The proposed Tree Maintenance Schedule was developed based on the estimated tree

inventory and is subject to modifications during the course of the service agreement.

Adjustments to the Tree Maintenance Schedule shall be coordinated with the District’s

designated Water Efficiency Supervisor. The Contractor shall obtain written notification

from the Water Efficiency Supervisor prior to modifying the scope of work, Tree

Maintenance Schedule, and/or the service agreement. The Tree Maintenance Schedule will

be determined by means of a site walk with the District’s Water Efficiency Supervisor and

shall be scheduled after the contract award.

Pruning will include structural pruning, crown raising, and crown cleaning in accordance

with the standards set forth by the International Society of Arboriculture Pruning Standards

(Best Management Practices) and the ANSI A300 Standards. Special projects that are

difficult to access and/or require the need for specialty equipment (i.e. 95-foot tower),

service request pruning, or pruning to reduce and/or restore would fall under Crew Rental.

Prior to beginning the work, the Contractor shall review with the Water Efficiency

Supervisor the various methods, tools, and work scheduling to be used on the project.

Unless otherwise indicated, tree pruning shall include but not be limited to acceptable

pruning activities described above. Daily tree pruning operations shall commence no earlier

than 7:00 AM and shall be completed each day no later than 4:00 PM.

Limbs one inch (1") in diameter or greater shall be precut to prevent splitting. When there

is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first

cut on the underside of the branch one foot (1') to two feet (2') from the crotch. The

undercut should be at least one/third of the diameter. Make the second cut one-inch (1")

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to three inches (3") further from the crotch than the first. The final cut is made at the

crotch in a manner to favor the earliest possible covering of the wound by callus growth.

Cuts shall not be made so large that they will prevent sap flow. All cut branches three and

one/half inches (3½") or larger in diameter shall be lowered by proper ropes to the ground.

Any damage caused by dropping limbs shall be repaired within three (3) days at the

Contractor's expense and to the satisfaction of the Water Efficiency Supervisor. All debris

resulting from tree pruning operations shall be removed from the work site on a daily basis.

On all trees, including palms, known or suspected to be diseased, pruning tools and cut

surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut

and between trees where there is danger of transmitting the disease on tools. Fresh

solution shall be mixed daily.

Tree Pruning Special Provisions:

1. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements.

2. Trees requiring maintenance shall be marked with a ribbon at least forty-eight (48) hours prior to actual work being performed. Ribbons shall be removed by the Contractor upon completion of job.

3. Contractor shall notify the residences or affected businesses forty-eight (48) hours in advance of scheduled pruning, if applicable.

4. Contractor shall provide and post "No Parking" signs twenty-four (24) hours in advance of the work. Contractor shall coordinate any “No Parking” notifications with the City in which the work is taking place. Contractor shall be responsible for applying for and securing all required City permits prior to starting work.

5. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner, which will cause the least possible interference and annoyance to the public. Work shall be performed by competent certified employees and supervised by an experienced, English-speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.

6. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to

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the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company shall be notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the Contractor is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

7. No hooks, gaffs, spurs, or climbers will be used for anything other than removals.

8. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.

9. When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach.

10. Topping shall not be done unless specifically requested by the Water Efficiency Supervisor.

11. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.

12. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen (15%) percent but no more than thirty (30%) percent.

13. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.

14. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

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15. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

B. Pruning for Traffic Clearances

Tree pruning for traffic clearances shall provide clearances of at least fourteen (14')

feet and no greater than sixteen feet (16') above finish grade for moving vehicles

within District facilities and the traveled roadway, for pedestrians on sidewalks in

accordance with standards set forth by the International Society of Arboriculture

Pruning Standards (Best Management Practices) and the ANSI A300 Standards under

"Pruning to Raise." Clearance trims are performed as required by the District’s Water

Efficiency Supervisor. Clearances for adjacent structures and their connecting utility

lines (service drops), shall be determined by the Water Efficiency Supervisor and

conform to the following:

1. The minimum clearance under trees within the street right-of-way shall be fourteen (14') feet over the traveled road, and nine feet (9') over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance as viewed from across the street immediately opposite the tree.

2. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin, or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.

3. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

C. Pruning Palm Trees

Palm tree pruning shall consist of the removal of all dead fronds, fruit clusters and

other vegetation from the trunks of all palms as identified in Program Schedule or as

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directed by the District’s Water Efficiency Supervisor in a manner selected by the

Contractor and approved by the Water Efficiency Supervisor and in accordance the

following:

1. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the Water Efficiency Supervisor. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning District Palm trees.

2. Palm Skinning (additional service) - Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" - 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches.

D. Tree Removals

The District will prepare a list of trees to be removed, marks trees, notify

homeowners as necessary, and submit lists to Contractor. Contractor calls

Underground Service Alert (USA) and prepares internal work order. Crew removes

tree and hauls all debris. Upon request, crew shall grind stumps to a depth of

eighteen inches. All holes to be backfilled; all debris shall be cleaned up and hauled

away. Special projects that are difficult to access with equipment, or require the need

for a crane or an aerial tower over ninety-five feet (95') would fall under Crew Rental

rates. Removals shall be conducted in good workmanlike manner in accordance with

the standards of the arboricultural profession.

All wood from removed trees is the property of the District and shall be disposed of at

the direction of the Water Efficiency Supervisor. Any wood within the public right-of-

way shall be removed by the end of the workday. No wood shall be left on any

District property unless approved by the Water Efficiency Supervisor. All tree parts

are to be loaded into transport vehicles or containers. The vehicles or containers must

have the front, sides and rear solid and the top shall be tarped, or otherwise tightly

enclosed. The transporting of tree parts must be made so that no debris escapes

during the transport. Branches, suckers, bark and other tree parts that are chipped

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are to be covered while transported and hauled to the disposal site during the

workday.

The District is responsible for marking trees so that they are easily identifiable by

Underground Service Alert and the Contractor. The Contractor shall be required to

call Underground Service Alert at least 2 days before stumps are to be ground out. All

tree stumps must be removed to at least 18 inches below the lowest soil level

adjacent to the stump, or until deep roots are no longer encountered. The Contractor

shall grind the stump a minimum distance of one and a half (1½') feet either side of

the outer circumference of the stump, or until surface roots are no longer

encountered.

Stumps should be cut low enough to the ground where routing can be done safely.

This may be accomplished by cutting the stump at the time of grinding, or at the time

of tree removal except for infrastructure conflicts. Holes created by stump and root

grinding must be filled with soil and adequately compacted the same day. The

resultant chips from routing may be used to cover the hole to two (2") inches above

normal ground level. All excess routing chips debris will be removed and loaded into

transport vehicle for disposal. Any damaged paved surfaces shall be restored to their

original condition.

E. Tree Planting

Planting includes the tree, V.I.T. brand stakes, ties, and complete installation and

watering for ninety (90) calendar days. Planting lists should be compiled by the

Water Efficiency Supervisor and submitted monthly or as needed. Contractor will

guarantee the quality of the tree stock and the workmanship for a period of one year.

Tree Planting Special Provisions:

1. Contractor shall provide all equipment, labor and materials necessary for the planting of trees throughout the District as identified by the Water Efficiency Supervisor in accordance with the specifications herein.

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2. The District shall be responsible for marking locations and the Contractor will notify Underground Service Alert (USA) prior to planting.

3. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit, Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.

4. Tree shall be placed in the planting pit with its original growing level (the truck flare) at the same height of the surrounding finish grade. In grass-covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3-inches below the level of the finished surface of the concrete.

5. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it is put into the hole.

6. All trees planted shall have a 4"-6" high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.

7. All trees shall be staked with two wooded lodge poles and two V.I.T. Brand ties per pole. Minimum size of lodge poles shall be ten (10') feet long, with a one and a half (1½") inch diameter. Tree ties shall be placed at one third (1/3") and two-thirds (2/3”) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty (24"-30") inches below grade.

8. Trunk protectors such as Arbor-Gards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.

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9. In some cases, root barriers may be required. The District will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12") inches in depth and at a length determined by the District and placed in a circular fashion surrounding the tree's root system. Root barriers are not included in the unit prices.

10. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.

11. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI Z60.1-1996 Standards. Trees shall be free from pests, disease and structural defects.

F. Crew Rental

The standard crew is three men, one chipper truck, one chipper, one aerial tower and

all necessary hand tools. The crew and equipment can be modified to complete any

type of miscellaneous tasks including special projects that may consist of trimming

specific trees requiring immediate attention prior to their scheduled trim. Trees

requiring service prior to their regularly scheduled site visit to rectify a specific

problem such as right-of-way clearance for utility lines, vehicular traffic, or broken

limbs may be performed under the Crew Rental rate as directed by the District’s

Water Efficiency Supervisor.

G. Emergency Response

The Contractor shall be required to provide emergency on call response for damaged

trees as a result of storms or other reasons. Emergency calls may occur at any given

time. The Contractor will be provided with locations and the work to be done at each

location via telephone from a District authorized representative. Emergency work

shall begin within two (2) hours of the initial telephone call.

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Contractor shall be required to provide a twenty-four (24) hour emergency phone

number or the names of at least two (2) contact individuals upon award of contract.

Should the contact persons or their phone numbers change during the course of the

contract, those changes shall be submitted to the District within two (2) working days.

Contractor shall be required to provide all necessary traffic control during the course

of emergency work. Should the work involve any high voltage power lines, utility

lines, or any other type of utility (fiber optic, gas, water, etc.), the Contractor shall be

required to notify the responsible utility company and call Dig-Alert and request an

emergency field location of all utilities.

Work performed under the emergency provision of this contract shall be paid for on a

crew hour basis. This shall include all labor, tools equipment, disposal fees and

necessary materials. Failure of the Contractor or his supervisor to immediately

respond to an emergency condition, or failure of the Contractor to respond within

two days of written notification by the District’s Water Efficiency Supervisor, shall give

the District the right to cause necessary work to be performed by other contractors,

and any costs incurred in so doing shall be deducted from payment if the work is

related to any work order issued to the Contractor by the District.

H. Traffic Control

Contractor shall conform to all applicable traffic safety requirements and operating

rules at all times while this contract is in effect. The Contractor shall provide traffic

control when applicable or as directed by the District or City representative per the

latest edition of the Work Area Traffic Control Handbook (WATCH Manual).

Contractor will be responsible for supplying and using all safety equipment necessary

to close or delineate traffic lanes to through traffic. This is to include a high visibility

Arrow Board(s) and/or flagmen as necessary. Prior to use, the City in which the work

will be performed must approve all traffic safety equipment. The Contractor will

obtain any encroachment permits that may be required to proceed with work within

the City right-of-way. The Contractor will provide any necessary insurance

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documentation required by the appropriate City to procure necessary encroachment

permits.

The Contractor shall be responsible at all times for supplying and using all safety

equipment, signage, etc. to close or delineate pedestrian and vehicular traffic areas or

to close a specific area to protect pedestrians and vehicular traffic from all potential

hazards within the scope of the Contractor’s work. Any requests made by the

District’s Water Efficiency Supervisor to provide additional equipment or delineation

shall be addressed immediately.

I. Clean Up

Contractor shall clean all job sites when work is completed, including the raking of

leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. Each

day's scheduled work shall be completed and cleaned up and under no circumstances

shall any brush, leaves, debris or equipment be left on the street overnight.

Contractor's equipment may be stored overnight, with advance approval, in approved

District facilities; however the District will not be responsible for security of

Contractor's equipment.

Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked

out and gutters cleaned. The District’s Water Efficiency Supervisor or authorized

representative shall be the sole judge as to the adequacy of the clean-up.

J. Disposal of Debris

All tree branches produced as a result of the Contractor's operations under this

contract will be reduced, reused, recycled, and/or transformed. The District will

receive access to the Contractor’s Greenwaste Recycling report detailing the amount

of debris recycled and the location.

1. Greenwaste Recycling Report: Greenwaste that is transported to an offsite

facility for grinding into mulch shall be documented and available to the Water

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Efficiency Supervisor on a monthly basis.

2. Wood Chips:

a. Chips generated from pruning operations within the District may be dumped at a District designated site if requested and approved by the District’s Water Efficiency Supervisor.

b. At the direction of the Water Efficiency Supervisor, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped in specified locations in the District as directed by the Water Efficiency Supervisor.

3. Milling (optional): At the direction of the Water Efficiency Supervisor, large tree trunks, which meet proper specifications, may be milled into lumber suitable for use in a variety of applications. The District is not responsible for certifying the suitability of the milled lumber for any application and the Contractor shall assume all responsibility for the lumber.

K. Inspections

The District’s Water Efficiency Supervisor or his designated representative, shall, at all

times, have access to the work and shall be furnished with every reasonable facility

for ascertaining full knowledge respecting the progress, workmanship, and character

of materials and equipment used and employed in the work.

L. Minor Modifications and/or Additional Work

The District may modify these specifications with the joint approval of the Contractor

and the District’s Water Efficiency Supervisor. All modifications shall be in writing.

Any modifications that affect the contract price shall be submitted in writing within

seven (7) days of notification from the District of the change in scope of work. No

work on the proposed change in scope shall proceed until the Contractor receives

written approval of the change in scope of work from the District’s Water Efficiency

Supervisor.

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M. Clarification of Specifications

If any Contractor, prior to submitting their proposal should find any discrepancies

and/or omissions from the specifications or other contract documents, or if they

should be in doubt as to the true meaning of any part thereof, they shall at once

make a written request to the District’s Water Efficiency Supervisor for corrections,

clarification, or interpretation of the points in question. The person submitting such

request shall be responsible for its prompt delivery.

In the event that the District receives a request and it should be found that certain

essential information is not clearly and fully set forth, or if the District discovers

errors, omissions, or points requiring clarification in these documents, a written

addendum will be mailed to each person to whom a proposal has been delivered.

The District will not be responsible for any instructions, explanations, or

interpretations of the documents presented to bidders in any manner other than

written addendum.

N. Protection of Birds, Eggs and Nests

The Contractor shall comply with Federal and State laws protecting birds, bird eggs

and bird nests while performing tree maintenance services for the District.

References: Federal Migratory Bird Treaty Act – Sec 703. And California State Code –

Sec. 3503 & 3503.5

O. Tree Inventory and Maintenance Tracking

The District is requesting that the firm awarded this Service Agreement maintain an

on-going tree inventory and maintenance program of each site. The format and

software used to update the tree inventory and maintenance tracking program are at

the discretion of the Contractor, although a GIS-based system is preferred. The

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Contractor should use data points from the Tree Inventory and Maintenance Tracking

program to update the Tree Maintenance Schedule. The District’s requirements for

the tree inventory tracking and management are as follows:

1. REQUIRED attributes to be included in the inventory and maintenance tracking program are:

a. Tree Tag ID Number – must be unique across entire tree inventory b. Tree Species c. Name of Site where tree is located d. General location of tree on site (i.e. north slope, etc.) e. Exact location of tree on site (i.e. northing and easting) f. DBH – Diameter at Breast Height (Trunk Width) g. Tree Height h. Date Installed/Planted (for new trees) i. Date Removed

2. REQUIRED maintenance history information to be included in inventory and maintenance tracking program are:

a. Date of maintenance b. Type of maintenance performed c. Cost of maintenance performed d. Condition of tree e. Suggested frequency of tree maintenance

3. DESIRED attributes to be included in the inventory and maintenance tracking program are:

a. Is tree near sidewalk? b. Is tree near powerlines?

4. Contractor must ensure that each tree is tagged in the field with a unique ID tag that will serve as the primary identifier for the tree. Tree ID tags will not be recycled. New trees will require new tags and the Contractor shall update the tree asset database accordingly.

5. Contractor must maintain a complete inventory of tree assets throughout the lifetime of the service agreement. Contractor will provide a complete export of

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the tree inventory and maintenance data, including GPS data, after the initial inventory is completed and upon the request of the District. The District also requires periodic exports of raw GIS/tabular tree data in order to keep in-house GIS/CMMS data current. Exports will be provided to the District at a minimum frequency of one year after the end of each trimming season. The District may also request updates on a more frequent basis. Acceptable formats can include ESRI shapefiles, ESRI File or Personal Geodatabases (ArcGIS Version 10.3.1), or Excel spreadsheets.

6. Upon completion of each project, tree inventory updates shall be provided to the Water Efficiency Supervisor within 30 calendar days. All updates to the District’s tree inventory shall be completed by the Contractor and furnished to the District.

7. Contractor should provide a sample tree inventory prior to completion of overall

inventory so the District’s Water Efficiency Supervisor can verify accuracy of GPS collection and completeness of tree attributes.

8. The format of the selected program shall be compatible with the current District software (i.e. Microsoft 2013 versions of Word or Excel). Upon completion of the term of the Service Agreement, electronic copies of the current tree inventory shall be provided to the District.

9. Contractor shall provide an exported spreadsheet of GIS tree inventory tracking to the Water Efficiency Supervisor, at