2026 Tree Pruning & Removal Services Solicitation Scope

EXHIBIT A

SCOPE OF SERVICES

The scope of contracted work shall consist of pruning, removal, stump grinding, and other maintenance of trees, palms, and other woody plants, along street corridors, and throughout parks, open spaces and facilities within the City of Palo Alto, hereafter referred to as the City. Work shall be administered and approved by representatives of the Department of Public Works, Public Services Division - Urban Forestry Section.

PART I. GENERAL PROVISIONS

Contractor shall be aware of and shall comply with the City of Palo Alto Municipal Codes governing tree work, traffic control and any other regulations that may affect operations.

It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide all labor, tools, equipment, materials and supplies necessary to perform the work described herein in strict accordance with these specifications and subject to the terms and conditions of the contract. All work shall be performed by a tree care contractor who shall be licensed by the State of California Contractors State License Board (New category C-49 Tree and Palm Contractor or old category C- 61/Category D-49 Tree Service Contractor) to provide such contract services within the State of California.

A. Measurement and Payment Payment for the various items in the fee schedule, as further specified herein, shall include full compensation to the Contractor for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing the various items of Work as detailed in this Scope of Services and in the Specifications.

Work not specifically set forth as a pay item in the Contractor’s Fee Schedule but called for in the Contract Specifications or necessary to meet the requirements of this Contract, shall be considered a subsidiary obligation of the Contractor.

No separate payment will be made for any item that is not specifically set forth in the fee schedule except by Additional Services which shall be approved by City’s Project Manager, and all costs therefore shall be included in the prices named in the fee schedule for the various appurtenant items of work.

All work not meeting the Contract Specifications, unless otherwise approved by the City, shall be reworked at the Contractor’s expense. Work quantities included in this scope and associated solicitation documents are estimates and are not guaranteed and are subject to annual budgetary approval.

1. Unit Prices for Program Pruning, Palm Pruning, and Tree and Stump Removal (Fee Schedule Items 1, 2, 5 and 6) Work:

Programmed Pruning, Palm Pruning, and Tree & Stump Removal areas are planned as contiguous areas or confined geographical areas within the City of Palo Alto boundaries such as:

· Street and Parkway Areas The City is divided into 6 geographic Street Tree Areas with approximately 4,400 trees per area that are included in this scope of services (Exhibit A-1). The intent of programmed pruning for street and parkway trees is to have all trees pruned within at least 4 (4) Areas a minimum one (1) time by the end of the 5-year contract period.

· Park and Facility Areas There are approximately 4,685 park and facility trees within the City’s boundaries included in this scope of services. The intent of programmed pruning is to have all parks trees included in this scope pruned a total of one (1) time during this 5-year contract period. Please note that some trees or specific locations included in this group may be assigned as Demand Pruning during this contract period.

· Open Space Areas There are approximately 1,100 landscape trees in the Arastradero, Foothills, and Baylands Open Space Preserves. There are also approximately 1,000 trees in the road right-of-way along city maintained rural roads. The intent of programmed pruning open space areas is to have 150 trees pruned per year or a total of 750 pruned by the end of the 5-year contract period.

Measurement and Payment:

These items will be paid by quantity at a set cost. The Contractor shall include all labor and mobilization of equipment costs into its fee for all work required. There will be no separate measurement or payment for travel time.

2. Unit Prices for Demand Pruning (Fee Schedule Item 3) Work:

Work orders for Demand Pruning are based on service requests with specific objectives in various locations within the City of Palo Alto boundaries and may or may not be at contiguous locations. These may be trees that are being pruned out of cycle or require work beyond typical pruning specifications. At the discretion of the City’s Project Manager, Program Pruning at locations that require substantial traffic control measures (example: requiring the use of flaggers on arterial roads) may be billed at Demand Pruning pricing.

Measurement and Payment:

These items will be paid by quantity at a set cost. The Contractor shall include all labor and mobilization of equipment costs into its fee for all work required. There will be no separate measurement or payment for travel time.

3. Hourly Rates for Basic Services (Fee Schedule Item 4) Work:

Hourly work will be designated at the discretion of the Project Manager and may include, but is not limited to:

a. Crown Reduction/Crown Clean for Modesto Ash and other large-spread canopy trees*

b. Pruning requiring significant roping and rigging

c. Pruning in areas with limited accessibility (e.g. Open Space Park Trails)

d. Special Projects that require special services (e.g. Crane Services or 90- foot aerial lift)

e. Palm Skinning

f. Additional Stump Grinding outside of specified radii from existing stump

*Note: Modesto ashes and other large-spread canopy trees not requiring a crown reduction will be billed at Programmed pruning rates unless other factors deem Demand pruning rates more appropriate.

Measurement:

This item will be measured on a per hour basis (to the nearest quarter hour) for each three (3) person tree maintenance crew. Time at the Municipal Service Center, job site(s) and travel time between job sites will be measured. Lunchtime and debris disposal time will not be measured.

Payment:

This item will be paid on a per hour basis (to the nearest quarter hour) for each three (3) person tree maintenance crew or (2) person crew for stump removals. Payment will include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in completing this item of work as described here in this Scope of Services.

The City will not pay for non-productive time due to vehicle or equipment breakdowns, or lack of proper equipment to do the job. Overtime work shall only be authorized by the Project Manager. Contractor shall charge the City no more than the minimum overtime rate required by federal and state law.

B. Invoicing The Contractor shall invoice Urban Forestry at the end of each calendar month, using a format approved in advance by the City. All invoices shall reference the contract number and detail the dates and hours worked by each crew during that month. Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address of each individual tree, the species and trunk diameter of each individual tree. Other reporting may be requested as needed. Failure to submit invoices in this format may result in non- payment until these requirements are met.

The City will promptly review all invoices submitted by the Contractor. Any invoice that the City determines is not proper will be returned to the Contractor with a written explanation of the reasons for the City’s determination. Any invoice that is properly submitted and undisputed by the City will be processed for payment and will be paid in full; retention will not be withheld.

C. Additional Services The City may require additional Services for the Work to be performed or the materials to be furnished under the Contract pursuant to the provisions of the Contract documents.

No change to the Work shall be made or extra work performed or deduction from the Work made unless in pursuance of a written agreement from the City, and signed by the Project Manager stating that the work is authorized. No claim for additional payment shall be considered unless so ordered.

Adjustment to the Contract Price will be determined on the basis of one or more of the following methods, at the option of the Project Manager:

1. On the basis of applicable unit and/or hourly prices stipulated in the Contract.

2. On the basis of an acceptable lump sum fee from the Contractor in response to a quotation request.

3. On the basis of actual necessary cost plus fifteen (15) percent to cover superintendence, general expense and profit.

Upon request from another City Department or working group, Contractor may accept additional Work outside the limits of this contract. This work will be performed to the contract specifications and billed at the same unit and hourly rates listed in this contract. Invoices for these services will be submitted to the requesting City Department or working group and will be paid separately from funds other than those designated for this contract.

Some examples of potential additional work include:

· Capital Improvement Projects (CIPs) Trees that will be impacted by development and require pruning or removal will be paid at Programed Pruning costs, unless access is restricted, significant travel is required between job sites and/or the job requires specialized equipment detailed in hourly rates. All work for CIPs will be authorized and coordinated by the City’s Landscape Architect or Urban Forester.

· Tree work or stump grinding for other Departments Trees that belong to the City but are outside the Scope of Services for this contract. Examples might include City facility development or improvement projects, Utility improvement projects, and possible safety or security enhancement projects. All additional work for other departments will be coordinated by the Project Manager in conjunction with requesting Department.

D. Notice to Proceed A Notice to Proceed will be issued to the Contractor upon receipt of a fully executed contract, insurance certificates, receipt of approval by other governmental agencies (if required), and any other documentation required by the City.

E. Coordination

1. Work Week The Contractor shall provide no more than two (2) unit tree maintenance crews each day, unless requested and authorized by the Project Manager. The Contractor shall provide one (1) hourly crew, tree removal or stump removal crew on an as needed basis; scheduled by mutual agreement with the City. At the discretion of the Project Manager staffing levels may be increased during emergency response.

The normal work week shall be Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding City holidays. Crews shall be at the work site and ready to start work by 8:00 a.m. Where traffic, parking or other constraints exist, the work week may be modified. All work week modifications shall be approved by Urban Forestry staff. Notify Urban Forestry staff by 7:30 a.m. daily, by email, with starting locations for each crew, crew size and contact phone number of each crew Foreman.

The Contractor shall not work on City holidays. City holidays are:

· January 1

· Third Monday in January

· Third Monday in February

· Last Monday in May

· July 4

· First Monday in September

· Second Monday in October

· November 11

· Thanksgiving Day

· Day after Thanksgiving

· December 25

In the event that any of the aforementioned holidays falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned holidays falls on a Saturday, the preceding Friday shall be considered a holiday.

2. Daily Contact The Contractor’s Foreperson(s) shall report to the City’s designated Inspector each day via cell phone or at pre-designated field locations.

3. Cease of Operations The Project Manager will determine when weather or other conditions prevent safe or efficient work operations. If work operations are canceled after the work day has started (8:00 a.m.) the Contractor will be credited with two (2) hours per crew or the actual hours worked, whichever is greater.

4. Inspection and Oversight The contract will be managed by a member of the Urban Forestry staff, appointed by the Project Manager, serving in the capacity of Contract Inspector. The Inspector provides the principal contract management and monitoring function and is the primary contact point for communication between the City and the Contractor.

The Inspector will ensure compliance with the contract documents, observing work both during progress and upon completion. The Inspector will make routine independent inspections of all sites maintained by the Contractor, which may or may not be announced and do not require the presence of the Contractor.

Inspections shall be both visual and operational. In addition, the Inspector may call for the Contractor to meet on the site for walkthrough inspections. The Inspector will schedule such meetings at the discretion of the City.

a. Inspection Reports Contractor shall contact Urban Forestry staff daily to request inspection of all work performed. The Inspector may prepare an “Urban Forestry Contract Inspection Report”, with a performance rating. Ratings will reflect the work performance of the Contractor at the site locations under the terms and conditions of this contract. The inspection report may include comments with recommendations for improvements, but it does not take away the Contractor’s responsibility to maintain each site per contract specifications and to the satisfaction of the City. Problem areas are to be acted upon promptly and corrective action taken, as applicable.

i. Inspection reports will be prepared in two copies. The Inspector will establish a schedule for the Contractor to pick up their copy from the Urban Forestry Office and sign the City’s copy, acknowledging receipt. Failure to retrieve the Contractor’s copy of an inspection report will not relieve the Contractor of their responsibility to correct all noted problem areas in a timely manner.

ii. Inspection report criteria will include, but not be limited to, the following:

1) Site cleanliness

2) Communication with Inspector

3) Adherence to pruning standards

4) Traffic control and safety

5) Posting and notifications

iii. The inspector will give the contractor an opportunity to correct or replace non-conforming deliverables or services, if this can be accomplished within the required delivery schedule. Correction or replacement will be without additional cost to the City.

iv. The Inspector will not consider the services complete until all unacceptable performance has been corrected. The value of the contractor’s non-performance will be deducted from any money due the Contractor. The Inspector will document in the contract file the basis for any amounts withheld.

b. Failure to Perform

If the Contractor fails to perform in accordance with the terms and conditions of the contract the Inspector will document the deficiencies on the “Urban Forestry Contract Inspection Report” form, which will serve as written notice to the Contractor.

i. A rating of “Needs Improvement” will require the Contractor to correct the stated deficiency(s) within seven calendar days, or as otherwise specified by the Inspector.

ii. A rating of “Unsatisfactory” will require the Contractor to correct the stated deficiency(s) within 48 hours, or as otherwise specified by Inspector. After two consecutive “unsatisfactory” ratings for any area within the contract, a “Failure to Comply” letter may be issued.

iii. A “Failure to Comply” rating represents a final notice. The City may choose to terminate the contract, or at the discretion of the Inspector, may allow the Contractor to correct deficiencies within 24 hours. Failure to correct deficiencies within 24 hours will result in contract termination. The termination may result in the Contractor being considered “Non- Responsible” during subsequent renewal evaluations, for a period of up to three years.

iv. If the Contractor receives more than two “Unsatisfactory” ratings within a 90-day time span, they may be issued a “Failure to Comply” letter. If two “Failure to Comply” letters are issued within a 180-day period, the City may terminate the Agreement. The termination may result in the Contractor being considered “Non-Responsible” during subsequent renewal evaluations, for a period of up to three years.

v. If the Contractor receives two “Failure to Comply” letters within a contract year, they may be considered “Non-Responsible” for subsequent renewal evaluations.

5. Digital Photos Contractor may be asked to supply “Before and after” trimming pictures that are suitable for reproduction when requested by the City.

6. Allocation and Completion of Work Orders City shall provide the contractor with an electronic database of trees to be pruned by Area. If requested, Contractor may receive access to Urban Forestry’s tree inventory software. This can be used to access the tree database and for digital reporting of completed work and other recorded field data. Contractor shall complete an Area entirely before beginning work in a new Area. Contractor shall systematically and thoroughly work continuously in the assigned Area until completion.

Each Contractor crew Foreman shall complete a City approved Daily Report using the tree database, and the Contractor shall provide a list of completed work locations for review and acceptance by the City’s Inspector at a bi-monthly scheduled meeting at the City’s Municipal Service Center or in the field. The tree database may have trees that are missing, dead, or need to be removed. Contractor shall record this on the tree inventory list.

Work orders shall be allocated by Urban Forestry based on actual service requirements and available funding. All work orders will be assigned on an as- needed basis as determined by Urban Forestry. It is possible that no services may be required by the City from a contractor during all or any portion of the contract term. All work orders assigned to the contractor shall be completed within thirty

(30) days except where otherwise noted. Trees less than 4 years old or 3” in or less in diameter will not be worked on by the Contractor unless specifically requested by the City.

7. Park, Facility and Open Space The Contractor’s Supervisor shall coordinate with the City’s Open Space Manager and Irrigation Coordinator prior to all park, open space and facility work to ensure events, games, parking, and facilities are undisturbed to the best extent possible and irrigation infrastructure is properly flagged by City staff and avoided.

The Contractor shall provide plywood and supports as needed to provide adequate protection at designated sites. Vehicles or equipment shall be operated to avoid ruts, damage to turf, and damage or dirt on infrastructure.

8. State and County Roads and Transportation Corridors When requested to perform tree maintenance work on County roads, the Contractor’s Supervisor will coordinate with County, State, and Transportation entities for all necessary permits and submittals in advance of tree maintenance work, at the Contractor’s expense.

F. Project Meetings

1. Post-Award Conference A post-award conference will be scheduled as soon as practical after the award of the Contract. The Contractor shall attend the conference along with the prospective Project Manager. The Contractor shall provide at least two (2) local telephone numbers that may be used to contact the Contractor or an authorized representative in the event of an emergency after normal business hours.

2. Bi-Monthly Project Meetings The Contractor’s Area Manager and Supervisor shall attend bi-monthly project meetings and specially called meetings throughout progress of the Work. The bi-monthly project meetings will be held at the Public Works Operations office, Building C of the Municipal Service Center, 3201 East Bayshore Road, Palo Alto or at field locations designated by the Project Manager.

G. Contractor Requirements:

1. Corporate Capability Contractor’s qualifications applicable to this project, must include the following:

a. Affirmative statement of compliance with indemnity and insurance

b. State of California Contractor’s License number and expiration date, C-49 (Formerly C-61/D-49) and any other applicable licenses

c. DIR Registration number

2. Experience Contractor shall have at least ten (10) years of current experience performing contract tree pruning and removal work in the state of California. Contractor’s local management staff shall be completely qualified to perform the work of this contract and have a minimum of five (5) years current experience performing this work in the state of California.

3. Capacity Contractor shall provide sufficient labor and equipment resources to perform the work of this project in a safe and efficient manner. Contractor shall have a minimum crew capacity of three (3) crews with the ability to bring an additional five (5) crews and sufficient equipment for unforeseen issues (such as emergency response) within 24 hours of request, at the discretion of the City.

Contractor shall have sufficient labor and equipment resources as requested in this section to perform the work of this project.

4. Employee Training Contractor shall provide proof of internal tree maintenance, safety, and arboricultural training programs information.

5. Local Office Contractor’s local office shall be located within 100 miles and Contractor’s yard shall be within 40 miles of the City of Palo Alto limits.

6. Solicitation of Private Tree Work Contractor and/or its employees shall not solicit and/or perform private tree work within the city limits of Palo Alto for the duration of this Contract. Violation of this provision may be cause for termination of this Contract.

H. Staffing Requirements The Contractor is required at all times to provide sufficient workforce and supervisory personnel to perform the specified services and to meet the requirements of the City. When in times of high demand, the contractor shall make available to the City a minimum of three (3) crews.

1. Crew Size The standard crew is three persons, one chipper truck, one chipper, one aerial lift and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects or trimming specific trees requiring immediate attention prior to their scheduled trim.

2. Qualified Personnel

a. Supervision:

The Contractor shall provide qualified supervisory staff. One competent individual will be available at all times to supervise the work, and assigned to be the Project Superintendent, and must be on site for a regularly scheduled minimum of eight (8) hours per week, and 16 hours per week when three (3) or more Contractor crews are working in the City. This individual shall be a full-time employee, and be a current International Society of Arboriculture Certified Arborist. This individual shall be experienced in the type of work being performed and fully capable of managing, directing, and coordinating the work, reading and thoroughly understanding the contract, and receiving and carrying out directions form the City. This individual must be able to speak and write English and receive and communicate to the crew and property owner’s instructions and information relevant to the work order.

One (1) Project Superintendent Arborist shall be provided for every twelve (12) contractor employees assigned to City work.

The Project Superintendent individual must be reachable via cell phone, email or fax during business hours (Monday – Friday, 8:00 AM to 4:00 PM) during the Contract Period.

The Contractor shall not change its designated Project Superintendent without written notification to the City seventy-two (72) hours in advance. The new Project Superintendent will be subject to the approval of the Project Manager. Breach of these provisions may constitute just cause for suspension of the Work until a qualified and acceptable superintendent is assigned to the Project.

b. Crew Each tree maintenance crew shall include:

· Lead climber who will serve as Crew Foreman with current certification as an ISA Certified Arborist, or Western Chapter International Society of Arboriculture Certified Tree Worker (CTW). The lead climber shall be fluent in English and capable of preparing clear and concise daily work summary reports on City furnished or other approved forms.

· A second climber, with a minimum of three (3) years current ornamental pruning experience.

· A ground person with a minimum of one (1) year general ground work experience.

The individual assigned Crew Foreman shall remain with his/her crew at all times throughout the working day.

Each tree removal crew shall include:

· Three employees with a minimum of three (3) current years removal experience Each stump grinding crew shall include:

· Two employees with a minimum of two (2) years stump grinding experience

Contractor staff assigned to work near Cal train tracks may require training and certification by Cal train, at Contractor’s expense.

Contractor shall have available all certifications, degrees, or any other documentation that provide evidence of experience and certifications of staff. List of staff qualifications include but are not limited to:

1. All ISA Certified Arborists employed by the firm.

2. All ISA TRAQ qualified tree risk assessors employed by the firm.

3. All ISA Certified Tree workers employed by the firm.

4. All ISA Utility Line Clearance Tree workers employed by the firm if any.

5. All Certified Utility Arborists employed by the firm if any.

All certifications and degrees shall be current at the time of Contract award and shall remain current and up to date throughout the life of the Contract.

The Contractor must have staff that includes Certified Crane Operators(s) as recognized by national Commission for the Certification of Crane Operators (NCCCO).

All personnel are subject to the approval of the Project Manager. If the Project Manager finds the Contractor’s employee to be unsatisfactory, the Contractor shall replace that employee immediately.

3. Communication Device Requirements The Superintendent and Crew Foreman or equivalents must have a communication device, such as a smart phone, in the field at all times during normal working operations. Two modes of communication such as a smart phone and two-way communication device must also be on-hand during an emergency event. The City may request to utilize this technology for the transfer of electronic documents and data including, but not limited to, PDFs, shop papers, work requests. The city may also request that work records be entered directly into the tree inventory system by the contractor in the field using a mobile device.

If/when the City hosts their own enterprise tree inventory and workflow system the Contractor’s personnel will be required to accurately enter data, work records etc. directly into that system for the purposes of record keeping. The Contractor may be required to provide mobile devices at their expense to crews for this purpose so the record keeping is held to the most accurate standard.

4. Emergency Response The Contractor shall be required to provide emergency on call response for damaged trees as a result of storms or other reasons. The Contractor shall provide the City with up to five (5) additional crews including one (1) Supervisor for emergency service after the normal work hours of 8:00 a.m. to 4:00 p.m. when requested by the Project Manager. The Contractor’s Supervisor shall be responsible for coordinating call-out personnel with the Project Manager. 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 City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

Contractor shall be required to provide a twenty-four (24) hour emergency phone number of the names of at least six (6) 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 City 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 high voltage power lines or any utility lines the Contractor shall be required to notify the Project Manager before such work can begin.

When crews are dispatched for storm work, equipment for proper response, in addition to required tooling, shall include but not be limited to: hand held spotlight (minimum 200,000 candle power), flares, sufficient petty cash, and rigs totally operational and fully fueled.

Contractor shall have available a plan for the mobilization of said resources at the City’s request in the event of a storm. Contractor crews assigned to the City shall not be reassigned to storm duty outside the City during an emergency event, without the City’s specific approval.

5. Personnel Uniforms and Identification All contractor personnel shall be required to wear uniforms bearing the contractor’s company name while completing City work assignments. Uniforms shall consist of a shirt and/or jacket with company and employee name neatly screen printed or embroidered and conspicuous.

All Contractor personnel shall be clearly identified with the name of the company on their uniform. Tank tops shirts and shorts are not allowed. Shirts must be worn at all times, and personnel shall maintain a neat and clean appearance. All personnel must wear high visibility safety vests that meet ANSI standards while working in traffic areas.

I. Equipment Requirements The tree maintenance crew shall be equipped with:

· An aerial lift truck (55 feet working height).

· A dump truck with chipper body (8 cubic yard capacity).

· A brush chipper (minimum 12” capacity).

· Chain saws, hand saws, pole pruners, pole saws, loppers and hand pruners.

· Climbing and personal safety gear.

· Traffic control signs and other equipment necessary to perform the work.

The stump removal crew shall be equipped with:

· Dump truck with a minimum of four (4) cubic yard capacity.

· Power sod cutter (on an as needed basis).

· Shielding: 4’x8’ plywood sheeting or approved equal.

· Wrenches: Shut-off wrenches specifically for water meters and gas meters.

· Barricades: Type II and III conforming to Section 6F.63 of the California MUTCD. Each barricade shall be equipped with Type A low intensity flashing warning light conforming to Section 6F.78 of the California MUTCD.

· Tape: 3 inches wide, yellow vinyl barrier tape with black lettering stating “Caution”.

· Traffic control signs and other equipment necessary to perform the work, including “Share the Road” signs when working in designated bike lanes.

All vehicles and equipment used in the performance of work assigned under this contract shall be in good working order and in compliance with all local, state and federal laws. The Contractor must demonstrate to the satisfaction of the City that the maintenance equipment to be used in the Work is in good working condition and suitable for performing the Work required. The Contractor must operate all work equipment in a safe manner so as to not create a hazard to the public.

1. Vehicles shall display signage noting contractor’s name, telephone number, and “City of Palo Alto Urban Forestry Contractor.” City identification signs shall not be displayed when performing any work outside of this contract.

2. Contractor vehicles will be equipped with all warning lights, signage, and other equipment necessary to safely work in the City right-of-way.

Contractor shall have available an equipment inventory list including: Trucks, aerial devices, chippers, stump grinders, hand tools, and other equipment which are necessary to perform the work as outlined in these specifications. Contractor shall submit proof of OSHA certification of aerial equipment to be used throughout the term of this project.

J. Safety Requirements Contractor shall plan and conduct all work in a manner that will safeguard all persons from injury and shall take all precautions required by applicable local, County, State or Federal requirements.

1. Contractor shall be solely responsible for complying with OSHA and Cal OSHA Safety Orders, City Code, and the California Manual on Uniform Traffic Control Devices (MUTCD), so as to protect all persons, including employees from foreseeable injury, or damage to property.

2. All work within 10 feet of any overhead high voltage electrical conductors shall be prohibited. Any work that requires less than 10 feet of clearance from high voltage electrical conductors shall be referred back to the Project Manager and will not be completed by the Contractor.

3. Tree care operations that involve climbing or other aerial work may be temporarily suspended during inclement weather with prior approval from the Urban Forestry Section.

4. All equipment to be used and all work to be performed shall be in full compliance with most current revision of American National Standards Institute, standard Z-

133.1 (Safety Requirements for Pruning, Trimming, Repairing, Maintaining, Removing, and for Cutting Brush). These standards are made part of the contract by this reference.

5. The Contractor shall be solely responsible for pedestrian and vehicular safety and shall provide warning devices, barricades, and ground personnel needed to give safety, protection and warning to persons and vehicular traffic within the area in accordance with the California MUTCD.

K. Liability for Damage to Property and/or Plant Material The Contractor shall be solely and completely responsible for job site conditions and safety during the term of the Contract. This obligation shall include the safety of all persons within or affected by the work zone and all public and private property affected by the Work.

The Contractor’s responsibility shall be continuous and not be limited to working hours or days and shall not cease until formal acceptance of the Work by the City except if the City should make partial acceptance of the Work. The Contractor shall defend, indemnify, and hold harmless the City, its officers, consultants, agents and employees from any and all liability, real or alleged, resulting from the Contractor’s operations, except for liability arising from the sole negligence of the City, et al.

Contractor is responsible for ensuring that all work is done in a safe and responsible manner. Any damage done to either City or private property shall be the responsibility of the Contractor to repair or make arrangements to repair with the City’s approval. This shall be done prior to final payment of contract.

The Contractor shall provide plywood and supports as needed to provide adequate protection at designated sites.

Contract crews shall take care in removing branches from private property to prevent damage to parked cars and other real property, house siding, fences, gates, lights, landscaping, and other outdoor improvements.

The Contractor shall report all damage to public and private improvements to the Project Manager on the day upon which the damage occurs. The Contractor shall notify the owner of damaged private improvements in writing the same day.

The Contractor shall repair or replace all damaged improvements in a manner satisfactory to the Project Manager and any private property owner involved. The Contractor shall complete the repair or replacement, at Contractor’s expense, within seventy-two (72) hours from the time damage occurs.

Improvements shall include, but are not limited to, turf, trees, vegetation, pavements, irrigation systems, fences and structures.

Limbs and trunk sections that cannot be easily controlled by hand shall be lowered by rope or cut into smaller pieces to prevent damage to improvements.

Any tree damage caused by the Contractor shall be repaired immediately at no additional cost to the City. Any tree damaged beyond repair will be removed and replaced by the Contractor at no additional cost to the City. The replacement tree will be of a size and species acceptable to the Project Manager.

The Contractor will be held responsible for all property and plant damage, including negligence in the course of performing the work. Any property or plants damaged during the course of the work shall be restored by the Contractor to a condition that is equivalent to the condition before the damage was done; this incudes damage to City- owned property, turf, shrubbery, trees, flowers, and other plant material. All repairs or replacements will need to be approved in advance by the City.

All vegetation damages must be reported immediately to the Project Manager, and all damaged items must be replaced or returned to their original condition within fourteen (14) calendar days, except shrub and flower beds which must be repaired within seven (7) calendar days. The City will determine whether or not the Contractor is qualified to make the required repairs. The Project Manager will determine the locations, quantities, varieties and approved sources of plant material. No plant replacements are to take place without prior approval from the City.

L. Protection of Utilities

1. The Contractor shall be responsible for the protection of all utilities on both public and private property within and adjacent to the work area and shall take all precautions necessary to prevent damage to such utilities.

2. The Contractor shall report all damage to public and private utilities to the Project Manager and the respective utility company within one (1) hour of the time damage occurs. The Contractor shall notify the resident and owner of any property affected by a damaged utility within one (1) hour of the time damage occurs.

3. The City will repair City utilities damaged by Contractor’s operations. The cost of repairs performed by the City will not be deducted from the Contract price, but shall be paid independently by the Contractor to the City.

4. The Contractor shall repair or replace all non-City utilities damaged by its operations, at Contractor’s expense. The Contractor shall complete repair or replacement of all essential utilities (including telephone, electrical, water and gas) the same day damage occurs. All other non-essential, non-City utilities requiring repair or replacement, shall be completed within seventy-two (72) hours of the time damage occurs.

5. Utilities include, but not limited to, water, gas, sanitary sewer, storm drain system, electrical power, street lighting, traffic signals, signal detector loops, telephone, cable television and fiber optic.

M. Site Use and Maintenance

1. The Contractor shall clean the work area, at the end of each working day, to a condition at least equal to that which existed before the start of work.

2. The Contractor shall remove all equipment and materials from City property at the end of each working day, and at other times when the work is suspended for any reason. The Contractor shall not use City property for the overnight storage of equipment and materials.

3. The Contractor shall not use private property with the City of Palo Alto limits for the storage and staging of equipment and materials without written agreement of the property owner. The Contractor shall submit a copy of the agreement to the Project Manager.

N. Work Affecting the Public Right-of-Way Contractor acknowledges and agrees that the safety of motorists, pedestrians, and maintenance crews while working along the City’s transportation corridors is paramount, and Contractor agrees that during the progress of the work, Contractor shall constantly protect and preserve the safety of the public. Contractor shall not unnecessarily cause inconvenience to the public during the progress of the work and shall minimize the inconvenience caused by Contractor’s operations. Such operations include, but are not limited to, work performed on or adjacent to the work site, traffic lane, driveways, and pedestrian closures and deliveries of material and equipment.

1. Reference

a. The current edition of the Standard Specifications of the Department of Transportation, State of California, hereinafter referred to as the California Specifications.

b. The current edition of the California Manual on Uniform Traffic Control Devices PART 6 – Temporary Traffic Control of the Department of Transportation, State of California, hereinafter referred to as the California MUTCD.

2. Traffic Control Devices

a. Cones: 28” high and conforming to Section 12-3.10 of the Caltrans Standard Specifications

b. Barricades: Type II and III conforming to Section 6F.63 of the California MUTCD. Each barricade shall be equipped with a Type A low intensity flashing warning light conforming to Section 6F.78 of the California MUTCD.

c. Signs: Portable signs and bases conforming to Section 12-3.06 of the Caltrans Standard Specifications and Chapters 6F and 6H of the California MUTCD. Signs shall not be mounted on barricades or vehicles.

d. Flashing Arrow Signs: Solar and/or battery powered and conforming to Section 6F.56 of the California MUTCD.

e. Flagger Equipment: Conforming to Chapter 6E and Section 6F.29 of the California MUTCD.

f. Tape: 3 inches wide, yellow vinyl barrier tape with black letters stating “Caution”.

g. “No Parking” signs: Furnished by the City.

3. Temporary Control Requirements Contractor shall abide by the City’s ‘Requirements for Traffic Control Plan Submission’ and be solely responsible for furnishing, installing and maintaining all advance warning signs and devices necessary to safeguard the general public and the work, and to provide for the proper and safe routing of vehicular and pedestrian traffic during the performance of the work. This requirement shall be for the duration of the service or project and shall not be limited to working hours. The use of flagmen, barricades, and construction signage shall comply with the current edition of California MUTCD.

4. Provide Traffic Control Plans Upon request, the Contractor shall submit a traffic control plan showing proposed traffic control measures and detours for vehicles and pedestrians a minimum of ten working days prior to the start of any work that requires the closure of a sidewalk or traffic lane. The costs associated with the design and creation of required traffic control plans will be the responsibility of the Contractor.

a. The Contractor shall provide traffic control for all operations and shall conduct all operations so as to cause the least possible obstruction and inconvenience to the general public and vehicle, bicycle and pedestrian traffic. Unless otherwise approved, Contractor shall maintain at least two travel lanes at all times on one-way Primary Streets. The Contractor shall also maintain local property access to existing public cross-streets.

b. Contractor shall provide safe pedestrian and disabled access through or around the work area at all times. Sidewalk closure shall comply with the “Policy for Sidewalk Closures” established by the City of Palo Alto’s Department of Public Works pursuant to federal and state disability access laws and regulations.

c. Contractor shall provide access to all existing driveways, adjacent parking areas, and buildings at all times unless other arrangements are made with the property owner and approved by the Inspector. Access for emergency vehicles shall be clear at all times.

d. The Contractor shall furnish, place and maintain all necessary traffic control devices during its operations in conformance with the applicable requirements of this section and the California MUTCD.

e. The Contractor shall notify the City of Palo Alto Police Department – Communication Division at (650) 329-2413 on a daily basis of significant traffic control measures.

f. The Contractor shall use a flashing arrow sign for lane closures on multilane and arterial streets and shall restrict lane closures on multilane and arterial streets to the hours of 9:00 a.m. to 4:00 p.m.

The streets include but are not limited to:

1. Alma

2. Arastradero

3. Arboretum

4. Charleston

5. Embarcadero

6. Middlefield

7. San Antonio

8. Sand Hill

9. University

10. Hansen

11. Hillview

12. Park

13. Channing

14. Stanford

15. California

16. Quarry

17. Welch

18. Meadow

19. E Meadow Cir

20. E. and W. Bayshore frontage roads

The above definition of “Arterial Streets” may be modified at any time as the City Traffic Engineer deems necessary, upon written notice to Contractor by City. At the discretion of the City’s Project Manager, Program Pruning at locations that require substantial traffic control measures (example: requiring the use of flaggers on arterial roads) may be billed at Demand Pruning pricing.

g. Specific traffic control procedures shall include, but not be limited to, the following:

Partial street closure, maintain two-way traffic, provide flaggers and one traffic lane: This type of traffic control shall be used for partial closures extending either the full length or a portion of the length of a street. Part of the street shall be coned off, leaving a minimum width of twelve (12) feet open for traffic. The Contractor shall maintain two-way traffic on this street by utilizing at least two flaggers. The flaggers shall allow one direction of traffic at a time to travel in the one remaining twelve (12) foot lane. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone.

i. Partial street closure, maintain two-way traffic, provide two traffic lanes: this type of traffic control shall be used for partial closures extending either the full length of a portion of the length of a street. Part of the street shall be coned off, and two-way traffic shall be maintained at all times by dividing the remainder of the street into two twelve (12) foot wide traffic lanes. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone.

ii. Full lane closure on multi-lane street, maintain two-way traffic, provide two traffic lanes minimum: This type of traffic control shall be used for lane closure on a multi-lane street extending either the full length of a portion of the length of a street. The lane shall be coned off, and a flashing arrow sign and cone taper used to shift traffic into the adjacent lane. Traffic control signs shall be placed in appropriate locations at, in advance of, and after the closure. Cones shall be used to separate the traffic from the work zone.

h. Holiday Season Construction Moratorium During the holiday season, no work shall be performed in the downtown area bound by University Avenue and the California Avenue parking assessment districts, unless otherwise approved in writing by the Project Manager and/or City Traffic Engineer. As used herein, “holiday season” means the period of time beginning Thanksgiving Day and ending on the first regular working day following New Year’s Day.

i. Temporary Street Parking Lane Closure (Post “No Parking” Signs) Contractor shall provide barricades with signage (City-furnished) noting parking restrictions and days and times of scheduled tree care operations at least 72 hours in advance of the work. All barricades and signage must be approved by Urban Forestry staff. Signage must follow the City of Palo Alto Engineering Department’s “No Parking-Tow Away Signage Posting Requirements”. The Contractor shall make efforts to have parked cars removed by contacting the owners at their residence. The Contractor shall remove “no parking” signs if unforeseen circumstances require work to be re-scheduled.

j. Traffic Control Plan If required, the Contractor shall submit a traffic control plan. Contractor shall not be allowed to work until a City-approved traffic control plan is on file with the Inspector. The traffic control plan shall include the following information pursuant to City Code:

a. The name and business address of the applicant

b. A diagram showing:

1) The location of the proposed work area;

2) The location of areas where the public right-of-way will be closed or obstructed; and

3) The placement of traffic control devices necessary to perform the work

c. The proposed phases of traffic control in a narrative format including a description and dates for the beginning and ending of each phase

d. The time periods when the traffic control will be in effect

If the Inspector determines at any time that actual traffic conditions under the approved plan are not adequate to ensure public safety, the Inspector may require the plan to be immediately modified. If a hazardous condition cannot be eliminated by plan modification, the Inspector may require work under the plan be stopped, and the plan suspended, until the safety hazard is remedied. Contractor shall not be entitled to any costs, damages or extension of contract time arising from any stop work order issued by the Inspector under this Section.

O. Parking and Traffic Violations Parking and traffic citations as a result of violations shall be solely the responsibility of the Contractor.

P. Provide Water Facilities

1. The Contractor shall provide and maintain adequate drinking water facilities at locations easily accessible to workers during working hours.

2. The Contractor shall provide all water necessary for performing the work.

3. The Contractor shall not use residential or business water services for any purpose.

Q. Public Notification and Relations The Contractor shall notify the resident of the property bordering City trees of impending pruning forty-eight (48) hours in advance of scheduled pruning via door hanger.