HomeMy WebLinkAboutSkyview Tree Experts 2025-06-23 COU No. 2425-232
SHORT FORM CONSTRUCTION CONTRACT
This Agreement is made and entered on June 23rd, 2025, in Ukiah,
California, by and between Skyview Tree-Experts, Inc. , a corporation
("Contractor") and the City of Ukiah ("City") , a general law
municipal corporation.
RECITALS:
1. The plans and specifications for this work ("the Work")
are contained in Exhibit A - Bid Specification, which is attached
hereto and incorporated herein by this reference.
2. Contractor is properly licensed and qualified to perform
the work.
3. Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the
City Manager or his or her designee.
AGREEMENT:
Wherefore, in consideration of the foregoing facts and the
terms and conditions as further stated herein, the parties hereby
agree as follows.
1. PERFORMANCE OF THE WORK
Contractor will perform the Work as further provided herein.
1.1 Time of Performance. Contractor shall commence the Work
when receiving a formal Notice to Proceed, and shall complete the
Work within reasonable time after receiving Notice to Proceed.
1 .1 . 1. ❑ [check if applicable] It is agreed by the parties to
the contract that time is of the essence and that, in case all
the work is not completed before or upon the expiration of the
time limit as set forth, damage, other than those cost items
identified in section 1 . 1.2, will be sustained by the City and
that it is and will be impracticable to determine the actual
amount of damage by reason of such delay; and it is therefore
agreed that, subject to Sections 1 . 13-1 .14, below, the
Contractor will pay to the City the sum of five hundred dollars
($500 . 00) per day for each and every calendar day' s delay beyond
the time prescribed. .
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1 . 1 .2 ❑ [check if applicable] In case the work called for
under this contract is not completed within the time limit
stipulated herein, the City shall have the right as provided
hereinabove, to extend the time of completion thereof. If the
time limit be so extended, the City shall have the right to
charge to the Contractor and to deduct from the final payment
for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which
are directly chargeable to the contract and which accrue during
the period of such extension, except that the cost of final
unavoidable delays shall not be included in such charges .
1.2 Construction of Contract Documents. Contractor will
perform the Work in compliance with the plans and specifications
set forth in the attached Exhibit A. If there is any inconsistency
or conflict between the plans and the specifications, the
specifications will prevail. If there is any inconsistency between
the plans and the specifications and this agreement, the terms of
this Agreement shall prevail, unless expressly stated otherwise in
a particular specification.
1.3 Contractor furnished items. Contractor will furnish all
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 SB 854 requirements
1 . 4 . 1 No contractor or subcontractor may be listed on a
bid proposal for a public works project unless registered with
the Department of Industrial Relations pursuant to Labor Code
section 1725 . 5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771 . 1 (a) ] .
1 . 4 .2 No contractor or subcontractor may be awarded a
contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant
to Labor Code section 1725 . 5 .
1 . 4 .3 This project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations .
1 . 4 . 4 The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
contractors and subcontractors to furnish electronic certified
payroll records directly to DLSE. All contractors and
subcontractors must furnish electronic certified payroll records
directly to the DLSE.
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1 . 4 . 5 The Prime Contractor is required to post job
notices at the job site as prescribed by regulations (currently,
8 CCR §16451 (d) . )
1.5 Use of Employees.
1.5 . 1. Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work upon the site
of the work unconditionally and without subsequent deductions or
rebate on any account the full amounts due at the time of payment
at wage rates not less than those contained in the applicable
prevailing wage determination, regardless of any contractual
relationship which may be alleged to exist between the Contractor
and subcontractors and such laborers and mechanics .
1 .5 .2. Contractor shall comply with the California
Labor Code Section 1775 . In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50 . 00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1.5 .3. Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City has ascertained
the general prevailing rate of wages (which rate includes employer
payments for health and welfare, vacation, pension and similar
purposes) applicable to the work to be done, for straight time
work. The holiday wage rate listed shall be applicable to all
holidays recognized in the collective bargaining agreement of the
particular craft, classification, or type of workers concerned.
Copies of the General Prevailing Wage Determination are on file in
the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
the site of work in a prominent place where the workers can easily
see it.
1 .5 . 4 . City will not recognize any claim for
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additional compensation because the Contractor has paid any rate in
excess of the prevailing wage rate obtained from the City Engineer.
The possibility of wage increases is . one of the elements to be
considered by the Contractor in determining his or her bid and will
not in any circumstances be considered as the basis for a claim
against the City.
1.5 .5. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirements in Section 1773 . 8 of the Labor Code (Chapter 880,
Statutes of 1968) .
1 .5 . 6. Apprentices .
Attention is directed to the provisions in Sections
1777 . 5 (Chapter 1411, Statutes of 1968) and 1777 . 6 of the
California Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him. Contractor and
any subcontractor under him or her shall comply with the
requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards,
wage schedules and other requirements may be obtained from the
Director of Industrial Relations, ex officio the Administrator
of Apprenticeship, San Francisco, California, or from the
Division of Apprenticeship Standards and its branch offices .
Copies of Labor Code Sections 1771 (requiring prevailing wages) ,
1775 (imposing penalties, including a $50 per day, per worker
forfeiture, for failure to pay prevailing wages) , 1776 (requiring
contractor to maintain available for inspection certified payroll
records) , 1777 .5 (requiring certain apprenticeship programs) , 1813
(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and 1/ for overtime) are
available at the Department of Industrial Relations website at
http: //www.dir.ca.gov/
1.6 CITY Inspector. CITY may designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor' s performance of the Work. The
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
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Work without City's prior written approval. City shall notify the
Contractor in writing, if it designates an Inspector.
1.7 Site Conditions. Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8 New Products Required. All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1.9 Compliance with Laws. The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations. The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10 Protection of Site and Improvements. The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph. Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws.
1.11 Inspection of Work. The Contractor shall ensure that
the Work is available for inspection by CITY or its Inspector at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITY or its
Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITY inspector or the conduct of an inspection by
CITY or its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
1.12 Title. The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITY under this
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Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13 Warranties. In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITY accepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance. The Contractor shall remedy, at the Contractor's
expense, any failure to conform, or any defect. [Initial if
following sentence applies / / / /] CITY shall retain of the
Contract Amount to secure the Contractor' s warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligence or fraud on the part of the Contractor.
1.14. Extension of Time.
Should any delays occur which the City may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her
application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to
complete this contract; and liquidated damages for delay shall not
be charged against the Contractor by the City during an extension
of time granted because of unavoidable delay or delays .
Any claim by Contractor for a time extension based on unavoidable
delays shall be based on written notice delivered to the City within
15 days of the occurrence of the event giving rise to the claim.
Failure to file said written notice within the time specified shall
constitute a waiver of said claim. Notice of the full extent of the
claim and all supporting data must be delivered to the City within
45 days of the occurrence unless the City specifies in writing a
longer period. All claims for a time extension must be approved by
the City and incorporated into a written change order.
1.15. Unfavorable Weather and Other Conditions.
During unfavorable weather and other conditions, the Contractor
shall pursue only such portions of the work as shall not be damaged
thereby. No portions of the work whose satisfactory quality or
efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means
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or precautions approved by the City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day that prevents him or her from placing
concrete forms or placing and finishing concrete or asphalt concrete.
Such unfavorable weather day is defined as a rain day where
precipitation prevents the contractor from performing the work more
than four (4) continuous hours within the authorized work period or
a temperature day where the ambient temperature is below that
specified for the placement of materials associated with the
controlling work item for more than four (4) continuous work hours
of the authorized work period.
1.16. Saturday, Sunday, Holiday and Night Work.
No work shall be done between the hours of 6 p.m. and 7 a.m. , nor
on Saturdays, Sundays or legal holidays except such work as is
necessary for the proper care and protection of work already
performed, or except in cases of absolute necessity and in any case
only with the permission of the City.
It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she first obtains the
written permission of the City and that such permission may be
revoked at any time by the City if the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
1.17. Hours of Labor.
Eight (8) hours of labor shall constitute a legal day's work and
the Contractor or any subcontractor shall not require or permit more
than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless
paying compensation for all hours worked in excess of eight (8)
hours per day at not less than 1 ',� times the basic rate of pay.
The Contractor shall forfeit to the City, as a penalty, the sum of
twenty-five dollars ($25 . 00) for each workman employed in the
execution of the contract by him or her or by any subcontractor,
for each calendar day during which such laborer, workman, or
mechanic is required or permitted to labor more than eight hours in
violation of the provisions of Section 1810 to 1816, inclusive,
(Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the
State of California and any acts amendatory thereof.
2. CONTRACT PRICE
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CITY shall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of $5, 200.
3. PAYMENT OF CONTRACT PRICE
3 .1 City shall pay any invoice for completed work, and approved
by the City, within thirty (30) days of its receipt by City. All
payments under this contract shall be made upon the presentation of
certificates in writing from the City and shall show that the work
covered by the payments has been done and the payments thereof are
due in accordance with this contract.
4. INDEMNIFICATION AND INSURANCE.
4.1 Indemnification. The Contractor shall do all of the work
and furnish all labor, materials, tools and appliances, except as
otherwise herein expressly stipulated, necessary or proper for
performing and completing the work herein required in the manner
and within the time herein specified. The mention of any specific
duty or liability imposed upon the Contractor shall not be construed
as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any
specific duty or liability being made herein merely for the purpose
of explanation.
The right of general supervision by the City shall not make the
Contractor an agent of the City and the liability of the Contractor
for all damages to persons or to public or private property, arising
from the Contractor's execution of the work, shall not be lessened
because of such general supervision.
Until the completion and final acceptance by the City of all the
work under and implied by this contract, the work shall be under
the Contractor' s responsible care and charge. The Contractor shall
rebuild, repair, restore and make good all injuries, damages, re-
erections and repairs, occasioned or rendered necessary by causes
of any nature whatsoever, excepting only acts of God and none other,
to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify
and hold harmless the City and its officers, directors, agents, and
employees from and against all claims, damages, losses and expenses
including but not limited to attorneys ' fees, costs of suit, expert
witness fees and expenses and fees and costs of any necessary private
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investigators arising out of or resulting from the performance of
the work, provided that any such claim, damage, loss or expense (1)
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, other than the work
itself, including the loss of use resulting therefrom and (2) is
caused in whole or in part by any act or omission of the Contractor,
any subcontractor, or anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party
indemnified hereunder, or by the negligence or omission of a party
indemnified herein.
In any and all claims against the City or any of its agents or
employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification
obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under workers' or workmen' s
compensation acts, disability benefit acts, or other employee
benefit acts. The obligation to indemnify shall extend to and
include acts of the indemnified party which may be negligent or
omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage
and to cause the City to pay the same and the amount so paid for
such damage shall be deducted from the money due the Contractor
under this contract; or the whole or so much of the money due or to
become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such
suits or claims for damages shall have been settled or otherwise
disposed of and satisfactory evidence to that effect furnished to
the City.
4.2 Insurance. Contractor shall procure and maintain for
the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from
or in connection with the performance of the work hereunder by
the Contractor, his agents, representatives, employees or
subcontractors .
4.2 .1. Minimum Scope of Insurance
Coverage shall be at least as broad as :
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A. Insurance Services Office Commercial General
Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability - Completed
Operations Form No. CG 20 37 10 01) .
B. Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any
auto) .
C. Worker's Compensation insurance as required by the
State of California and Employer' s Liability
Insurance.
4.2 .2. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A. General Liability: $2, 000, 000 per occurrence for
bodily injury, personal injury and property damage
including operations, products and completed
operations. If Commercial General Liability
Insurance or other form with a general aggregate
limit is used, either the general aggregate limit
shall apply separately to this project/location or
the general aggregate limit shall be twice the
required occurrence limit. Insurance must be written
on an occurrence basis .
B. Automobile Liability: $2, 000, 000 per accident for
bodily injury and property damage. Insurance must be
written on an occurrence basis .
C. Worker' s Compensation Employer' s Liability:
$1, 000, 000 per accident for bodily injury or disease.
4.2 .3. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to
and approved by the City. The City may require the insurer to
reduce or eliminate such deductibles or self-insured retentions
with respect to the City, its officers, officials, employees and
volunteers; or the Contractor to provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense
expenses; or to approve the deductible without a guarantee.
4.2.4. REQUIRED Insurance Provisions
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Proof of general liability and automobile liability policies
are to contain, or be endorsed to contain, the following
provisions :
A. The City, its officers, officials, employees, and
volunteers are to be covered as ADDITIONAL INSURED with
respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment, furnished in connection with
such work or operations . General liability coverage can be
provided in the form of an endorsement to the Contractor' s
insurance, or as a separate owner' s policy.
B. The workers' compensation policy is to be endorsed with
a waiver of subrogation. The insurance company, in its
endorsement, agrees to waive all rights of subrogation
against the City, its officers, officials, employees and
volunteers for losses paid under the terms of this policy
which arises from the work performed by the named insured for
the City. NOTE: You cannot be added as an additional insured
on a workers' compensation policy.
C. For any claims related to this project, the Contractor' s
insurance coverage shall be primary insurance with respect to
the City, its officers, officials, employees, and volunteers .
Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be in
excess of the Contractor' s insurance and shall not contribute
with it.
D. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been
given to the City.
E. Note: (This protects the Contractor) -Coverage shall not
extend to any indemnity coverage for the active negligence of
the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of Civil Code.
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5. TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. City shall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time. If terminated for lack of funds or abandonment of the project,
the contract shall terminate on the date notice of termination is
given to Contractor. City shall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event City shall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
site;
C. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
that would have been paid to Contractor hereunder, together with
any other damages suffered by City as a result of said breach.
6. MODIFICATION OF AGREEMENT.
City may, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the
Work. Such changes must be incorporated in written amendments to
this Agreement. To be effective, all such changes as referred to
in this section must be agreed upon in writing by both parties to
this agreement.
7. ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by
assignment or novation) , without the prior written consent of City.
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8. APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State
and local rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9. INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Con-
tractor is an independent contractor and not an employee, joint
venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed
by Contractor under this Agreement, and the general public and all
governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in City have been inserted solely to achieve compliance
with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this
Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between
Contractor and City.
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
government and shall furnish and pay worker' s compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify
and hold City and its officers, agents and employees harmless from
and against any claims or demands by federal, state or local
government agencies for any such taxes or benefits due but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand or law suit.
Contractor warrants and represents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action
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concerning the agreement must be filed and litigated in the proper
court in Mendocino County, each party consenting to jurisdiction
and venue of California state courts in Mendocino County.
11. SEVERABILITY.
If any provision of the Agreement is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
12. INTEGRATION.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
prior and contemporaneous oral and written agreements,
understandings, and representations among the parties . No
amendments to this Agreement shall be binding unless executed in
writing by all of the parties.
13. WAIVER.
No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
14. NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been
given when personally delivered, emailed, or deposited in the United
States mail with proper first-class postage affixed thereto and
addressed as follows:
CONTRACTOR CITY
Skyview Tree Experts, Inc. City of Ukiah
P.O. Box 8326 300 Seminary Ave.
Santa Rosa, Ca. 95407 Ukiah, CA. 95482
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Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
15. PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope
of this agreement.
16. EXECUTION OF AGREEMENT.
This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties . Alternatively,
this Agreement may be executed and delivered by facsimile or other
electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
admissible as evidence in any administrative or judicial
proceeding to prove the terms and content of this Agreement.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONT CTOR CITY OF UKIAH
By: By:
Sage Sangiacomo
City Manager
California Contractor' s License Number logl77 ! [Number or N/A]
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Exhibit A
PAGE 1 OF 1
REQUEST FOR BID
300 SEMINARY AVENUE
City of Ukiah UKIAH,CALIFORNIA 95482
P: (707)463-6225
DATE: 5/22/2025
Bids may be emailed,faxed, or hand delivered, to the contact information listed REQ.NO. E37591
herein, and by the specified deadline, or the bid will be rejected.
BIDS WILL BE RECEIVED UNTIL
Submitted by: SkyView Tree Experts, Inc 2:00 p.m.,June 18th, 2025
(Company Name AT THE OFFICE OF THE PURCHASING MANAGER
&Address) P.O. Box 8326 411 W CLAY ST.CITY ofMAH
BY: Myles Fisette
Santa Rosa, CA 95407 Email: mfisette@cityofukiah.com
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UIUAH, CA.
QUANTITY DERMPTION UNIT PRICE EXTENDED PRICE
1 Lump Sum
All necessary labor,equipment and materials for the trimming of 5 trees located along West $5200.00
Clay Street adjacent to the Ukiah Civic Center.As per attached City of Ukiah Specification
E30974.
Tax(8.875 461.50
Shipping: 0.00
TOTAL:
Payment Terms:
SIGNATURE: DATE:6/13/2025 ILEAD TIME ARO:
PRINT NAME:Dan Dunn PHONE:707-890-1215 EMAIL:dan@skyview4ree.com
TERMS:
1.LIJUAL F'KtrtKtNC t: Local vendors snail be given an allowance oT tive percent(b%),up to a maximum allowance of u,buu,on any bid for
supplies,equipment and/or materials per LIKlah City Code Section 1 b'LL.U.4. A Local Vendor Is detined as one which, 1)conducts business in an
ottice or other business premises with a physical location in Mendocino County,1)holds a valid business license issued by Mendocino County
or one of the cities in Mendocino County for that business location,and 3)has conducted business in compliance with 1)and 2)for not less than
SIX(b)months prior to requesting the preterence. I he City small receive satistactory proof that a business qualities as a local vendor betore it
may receive the local preference. In the event that there is a tie bid,where one bidder is local,the other is not,and the bid is equal in price and
quality,the award shall go to the Local Vendor.
2.Kight is reserved to reject any and all bids.
3.Right is reserved to accept separate items unless speciticaliy denied.by bidder.
4.Kignt is reserved to reject a bid trom any bidder who has previously tailed to perform adequately Tor the city of Ukiah.
b.In C;ASt Ur utrAUL 1,the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable Tor any increased
costs.
b. I he price,terms,delivery point,and delivery date may individually or collectively be the basis of the awarding of the bid.
t.in submitting the bid,bidder agrees that the bid small remain open and may not be revoked or withdrawn for bu days trom the bid due date,unless
a ditterent time period is SpeciTied in KrtS.
8. Bidder agrees to perform according to its bid,if the City's acceptance is communicated to the bidder within the time specified in number 7 above.
REQUEST FOR BID
City of Ukiah
SPECIFICATION E37591
CLAY STREET TREE TRIMMING
MAY 22, 2025
Mandatory Pre-Bid Meeting
Wednesday, 2PM, June 4th, 2025
City Parking Lot, 411 W Clay St Ukiah CA 95482
Bid Due Date
2:00 PM JUNE 18, 2025
I. Introduction
City of Ukiah is seeking bids from qualified Contractors to provide all necessary materials, equipment
and labor for the trimming of 5 trees located along West Clay Street adjacent to the Ukiah Civic Center at 300
Seminary Avenue, Ukiah.
II. Bid Procedure
PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under
Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law
governing RFB’s for Public Projects. The procedures governing open market purchases are at the discretion
of the Purchasing Officer and may vary from bid to bid, depending on the City’s needs. The City Code
encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the
internet, to obtain the lowest possible price, consistent with the City’s needs. The Purchasing Officer does
use City bidder’s lists when soliciting bids. You may contact the Purchasing Officer if you would like to be
placed on the City’s bidder’s list.
III. Contact Person
The City has designated Myles Fisette, Purchasing Manager, as the contact person for questions
related to the work requested. Questions are to be submitted in writing and can be done so by e-mail at
mfisette@cityofukiah.com.
IV. Examination of the Site
The Contractor should familiarize himself with the local conditions of the project sites, and shall be
responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will
in no way relieve him/her of the responsibility for performing any of the work or operations required as part
of this contract.
V. Bid Submittal Instructions
Bids can be submitted in hardcopy, fax, or by email. Bids are due on or before 2:00 PM JUNE 18,
2025 to:
City of Ukiah Purchasing Department
Attn: Myles Fisette
411 West Clay Street
Phone: (707) 463-6225
Email: mfisette@cityofukiah.com
It will be the sole responsibility of the bidders to have their bids delivered to the City before the
closing hour and date. Late bids will not be considered and will be returned unopened to the sender. The City
will not be responsible for any cost incurred by the Contractor in preparation of their bid response.
VI. Scope of Work
The City of Ukiah requests bids that include all necessary materials, equipment and labor to remove
all dead, dying, broken, or otherwise hazardous limbs from five (5) redwood trees located on Clay St adjacent
to the City Civic Center at 300 Seminary Avenue in Ukiah CA.
The five redwood trees, pictured in Attachment A, requiring service will be clearly marked on the day
of the mandatory pre-bid meeting, allowing bidders to assess the scope accurately. These trees will also be re-
City of Ukiah SPEC # E37591 CLAY STREET TREE TRIMMING - RFB
3
marked prior to the start of work to ensure consistency and alignment with the bid. The contractor is
responsible for identifying and removing all dead, dying, broken, or otherwise hazardous limbs and ensuring
that all debris is removed from the site daily unless otherwise approved.
Tree trimming work shall include all brush chipped. Total clean-up is required, including all wood chips
and debris. Resulting stump holes to be filled by City crews.
All work performed must following the City of Ukiah Tree Management Guidelines, provided here as
Attachment B.
It is the contractor’s responsibility to notify Underground Service Alert (USA) to identify any
underground utility issues within the area of the work. Dial (toll free) 1 (800) 642-2444.
Upon completion of work, the area shall be cleaned to a condition at least equal to that which existed
prior to the commencement of the work.
Undergrowth and adjacent structures sustaining damage or injury due to the work shall receive corrective
action – after discussion and approval of City of Ukiah. Contractor shall be solely responsible for any and all
damages extending from the tree removal. Contractor shall restore all damaged property to its original
condition at his/her own expense.
Contractor will be responsible, in accordance with Construction Safety Orders of the Division of
Industrial Safety, State of California, to ensure the least possible obstruction to traffic and inconvenience to
the general public, and adequate protection of persons and property in the vicinity of the work.
Work will not be considered complete until final inspection has been made by the City supervisor, and
work has been completed to his/her satisfaction.
VII. Measurement and Payment
The bid price for this work shall be lump sum, and consist of all labor, materials, equipment,
applicable fees, including tax (8.875%) and freight necessary to perform the work as described in this bid
specification.
VIII. Terms
The City asks that vendors specify their desired payment preferences in their bid response. The actual
payment terms of the contract will be open for negotiation during the contract phase. If no special payments
are requested prior to issuing the work, the City will assume net 30 terms.
The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right
to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do
so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the
awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or
multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City
reserves the right to reject any or all bids. The awarded contractor will enter a “Short Form Construction
Contract”, Attachment C.
City of Ukiah SPEC # E37591 CLAY STREET TREE TRIMMING - RFB
4
IX. Addenda
If it becomes necessary to revise any part of this Request for Bid (RFB) after it has been issued, the
City will issue an addendum to the RFB containing the revision. All addenda will be posted on the City’s
website at www.cityofukiah.com/purchasing with the rest of the RFB documents. Anyone who intends to
submit a bid in response to the RFB must check the website frequently for any posted addenda. Anyone
submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
X. Warranty
Unless otherwise indicated, the Contractor must provide a 1 year workmanship warranty from the
date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or
workmanship which fail during this warranty period.
XI. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track record
and a proven product. Contractors are asked to provide the information requested under Work Performance
History Capability. References are to be those who you have performed similar scope of work as asked for in
this RFB. References are to include the contact name and phone number. A minimum of three references are
requested.
XII. Insurance Requirements
Bidder’s attention is directed to the insurance requirements – see Attachment E. Contractors shall
furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker’s
Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance
with policy limits of not less than $2,000,000 naming the City as an additional insured party.
It is highly recommended that contractors confer with their respective insurance carriers or brokers to
determine in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance
requirements, that contractor may be disqualified from award of the contract. If you have questions regarding
the City’s requirements, please contact the City’s Risk Manager at 707-463-6287.
XIII. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to
these specifications shall be in compliance with the laws and regulations of the State of California and OSHA.
The contractor shall, if requested by the City, supply certification and evidence of such compliance.
2) Payment Bond: As per California Civil Code Section 9550, a direct contractor that is awarded a
public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000) shall,
before commencement of work, give a payment (material and labor) bond to and approved by the officer or
public entity by whom the contract was awarded. Please refer to Attachment D for a copy of the sample
forms.
3) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and
Federal laws, regulations and ordinances governing performance of contractual services required, and it will
be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances,
including the actual cost of licenses.
4) License Requirements: Bidder/Contractor must possess a current State of California contractor’s
license and a City of Ukiah business license. (For information business license, please contact Kathy
Norris, City of Ukiah Finance Department at 707-463-6202.)
a) The Contractor shall possess a valid State of California Class D-49 license. Bidder shall provide proof
of possession of the proper licenses and certificates of registration necessary to perform the work.
City of Ukiah SPEC # E37591 CLAY STREET TREE TRIMMING - RFB
5
Employees actually performing the tasks shall provide proof of proper certificates of registration for
same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project.
c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper
licenses, certificates and proof of insurance for work performed.
5) Notice to Bidders – Contractor Registration and Prevailing Wages –No contractor or
subcontractor may be listed on a bid proposal for a public works project unless registered with
the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited
exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No
contractor or subcontractor may be awarded a contract for public work on a public works
project unless registered with the Department of Industrial Relations pursuant to Labor Code
section 1725.5. The prime contractor shall be responsible for posting job site notices as
prescribed by regulation. This project is subject to compliance monitoring and enforcement by
the Department of Industrial Relations.
Public Works Small Project Exemption: Small project exemption means that contractors who
work exclusively on small projects are not required to register as public works contractors or file
electronic certified payroll reports for those projects. However, prevailing wages must still be
paid on projects with small project exemption. Contractors are still required to maintain certified
payroll records on a continuous basis, and provide those records to the Labor Commissioner’s
Office upon request. Small project exemption is applied based on the amount of the entire
project, not a contractors subcontracted amount of the project. Small project exemption applies
for all public works projects that do not exceed: $25,000 for new construction, alteration,
installation, demolition or repair; and $15,000 for maintenance.
Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project
under this contract shall be paid, pursuant to provisions of Section 1770, including amendments
thereof, of the Labor Code of the State of California, the Director of the Department of Industrial
Relations, State of California, has ascertained the general prevailing rate of wages for straight
time, overtime Saturdays, Sundays and Holidays including employer payment for health and
welfare, vacation, pension and similar purposes, copies of the General Prevailing Wage
Determination (applicable to the work), for the locality in which the work is to be done can be
reviewed at Website: www.dir.ca.gov/dlsr/pwd/northern.html .
The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at
any time require contractor and subcontractors to furnish electronic certified payroll records
directly to DLSE. For projects that do not meet the “Public Works Small Project Exemption”,
contractors and subcontractors must furnish electronic certified payroll records directly to the
DLSE.
City of Ukiah SPEC# E37591 CLAYSTREET TREE TRIMMING-RFB
INDEMNIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to
defend,indemnity,hold harmless and release the City,its officers,agents and employees,from and against
any and all actions,claims,damages,disabilities,or costs of litigation that may be asserted by any person or
entity, arising out of or in connection with the negligent or willful misconduct in the performance by
contractor hereunder,whether or not there is concurrent,passive or active negligence on the part of the City,
but excluding liability due to the sole active negligence or willful misconduct of the City. This
indemnification obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability
benefits acts or other employee's benefits acts.
Contractor shall be liable to the City for any loss or damage to City property arising from or
in connection with Contractor performance hereunder. The undersigned acknowledges that this document,
together with the resulting purchase order issued by the City,the executed Short Form Construction Contract,
the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage
comprise a written agreement between the Contractor and the City binding on both parties.
The undersigned declares they are familiar with the items specified and have carefully read the RFB
specification/requirements, checked all of the figures stated on the specifications and accepts full
responsibility for any error or omission in the preparation of this bid.
This bid is submitted by,(check one)
Individual Owner Partnership x Corporation Other
Legal Name of Bidder SkyView Tree Experts, Inc.
Address of Bidder P.O. Box 8326
Tax ID# 88-3602225
Phone Number 707-890-1215 Fax Number 707-890-1215
California State Contractor's License#: 1097304 Expiration Date: 10/31/2026
DIR Public Works Contractor Registration#: 1000986438
By: Date 6/13/2025
Signature
Print or Type Name: Dan Dunn President
Title
6
City of Ukiah SPEC# E37591 CLAY STREET TREE TRIMMING-RFB
WORK PERFORMANCE DATA
HISTORY AND CAPABILITY:Provide the name,locations and a narrative statement on the work performed.
WORK PERFORMED
1. COMPANY NAME: City of St. Helena Crews perfromed tree pruning and
CONTACT:Victor Ned tree removal work. Pruning included
ADDRESS)088 College Ave St, Helena deadwood removal and elevating
PHONE 707-967-2792
2. COMPANY NAME: City of Windsor Cres have perfromed tree removal and
CONTACT David Carranza stump grinding. Pruning for deadwood
ADDRESS 9291 Old Redwood Highway,Windsor,CA 95492 and end weight reduction
PHONE:707-838-1000
3. COMPANY NAME: Foley Family Wines Crews perfromed tree pruning and
CONTACT:CJ Sauer tree removal work. Pruning included
ADDRESS 8555 Sonoma Hwy, Kenwood, CA 95452 deadwood removal and elevating
PHONE:707-257-5784 end weight reduction
4. COMPANY NAME: City of Rohnert Park Crews perfromed tree pruning and
CONTACT:Brandon Keck tree removal work on a Large Redwood
ADDRESS:6600 Enterprise Dr Rohnert Park CA 94928 Removal of a defective top and
PHONE:
707-588-3330 reduction of limbs over neighboring property
5. COMPANY NAME: Vista Del Lago OA Crews perfromed tree pruning and
CONTACT:Carol Rogers tree removal work. Pruning included
ADDRESS:1451 Guerneville Rd Santa Rosa, CA95403 deadwood removal and elevating
PHONE:707-544-2005 of low limbs
7
City of Ukiah SPEC# E37591 CLAYSTREET TREE TRIMMING-RFB
SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with
proper firm name and business address of each
1)Subcontractor's Name Work to be performed
NONE
Address
City/State/Zip
Phone Number Fax Number
California State Contractor License# DIR Public Works Contractor Registration#
2)Subcontractor's Name Work to be performed
Address
City/State/Zip
Phone Number Fax Number
California State Contractor License# DIR Public Works Contractor Registration#
3)Subcontractor's Name Work to be performed
Address
City/State/Zip
Phone Number Fax Number
California State Contractor License# DIR Public Works Contractor Registration#
8
City of Ukiah SPEC# E37591 CLAYSTREET TREE TRIMMING-RFB
BIDDER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage
requirements specified in the Request for Bid for:
CLAY STREET TREE TR M IING
Should we/I be awarded the contract,we/I certify that we/I can meet the specified requirements for insurance,including
insurance coverage of the subcontractors,and agree to name the City of Uldah as Additional Insured for the work
specified. And we/I will comply with the provisions of Section 3700 of the Labor Code,which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions
of that code,before commencing the performance of the work specified.
SkyView Tree Experts, Inc
Please Print (Person,Firm,or Corporation)
Signature of Authorized Representative
Dan Dunn President
Please Print (Name&Title of Authorized Representative)
6/13/2025 707-890-1215
Date Phone Number
9
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CITY OF UKIAH
TREE MANAGEMENT
GUIDELINES
TREE MANAGEMENT POLICIES FOR THE PROTECTION,
OPERATION AND MAINTENANCE OF CITY PROPERTY
Adopted 12-01-10 & Revised 11-19-14
Attachment B
2 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
1.0 PURPOSE STATEMENT
The purpose of this document is to provide policy guidelines for the preservation, maintenance and
enhancement of the urban forest in parks and other areas maintained by the staff and contractors of the
City of Ukiah. These guidelines are based on policy from the City of Ukiah General Plan Growth
Management Program adopted by the City Council December 6, 1995 and amended June 16, 2004 and the
City of Ukiah Community Forest Management Plan, adopted by the City Council on November 3, 1993.
“ Trees are a precious legacy which improve our quality of life and enhance our community image and
pride. Trees enrich air and water quality, provide wildlife habitat, increase aesthetic value, reduce soil
erosion, and help us to maintain a sense of rural community.”
Community Forest Management Plan Vision Statement
2.0 DEPARTMENTS AFFECTED
2.1 Community Services Department
2.2 Public Works Department
2.3 Electric Utility Department
2.4 Planning and Community Development Department
2.5 Ukiah Municipal Airport
3.1 RESPONSIBILITY
The department directors shall be responsible for the implementation of these polices and
guidelines and all staff shall be trained and shall abide by these guidelines and policies as
outlined in this document. City Council shall approve any significant amendments or changes to
the Tree Management Guidelines and Policies proposed by staff and community partners
before they are adopted.
3.2 The Directors of the departments are responsible for the preservation, care and
maintenance of trees as follows:
3.2.1 Community Services Department is responsible for all trees in public parks
including the Commemorative Program trees.
3.2.2 Public Works Department is responsible for all trees in the public right of way and
creeks.
3.2.3 Electric Utility Department is responsible for trimming of trees to maintain
clearance from primary electric lines and facilities
3.2.4 Planning and Community Development Department is responsible for oversight of all
landscaping plans filed by the applicant.
3.3 Partnerships: Volunteers and/or community groups shall be important partners to achieve
objectives for urban forestry.
3 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
4.0 TRAINING
City staff shall receive training on all procedures listed in this document, including on-site classes and/or
training provided by Mendocino College and assorted qualified arboricultural professionals on a regular
schedule to ensure that proper methods are utilized.
All City of Ukiah staff performing tree care duties within the City’s urban forest shall attend a minimum
of two training workshops annually.
A workshop for dormant care of trees will be held in the Fall/Winter months. A second workshop will
occur in the Spring/Summer to train for the growing season. Workshops will include, but not limited to:
proper seasonal maintenance; best practices for soil conditioning; proper pruning techniques; and plant
identification. Workshops will generally be held in the field and last about two hours and will be run by a
qualified arboricultural professional with expertise in best practices for urban forest care.
5.0 POLICY GOALS
The Tree Management Guidelines focus on long-term protection of the City’s trees and have been
developed for the preservation, planting, care, removal or disposition of trees, replacement planting in parks,
along streets and in other public areas.
The City of Ukiah intends that these guidelines and policies shall remain in effect, however, they will be
subject to change based upon arboricultural standards, community input and staff recommendations.
Suggestions for changes to the Guidelines must be submitted in writing to a department director. They
will then be discussed with community partners and staff and then submitted to the City Council for
approval.
6.1 GUIDELINES FOR TREE CARE AND MAINTENANCE
Staff and contracted professionals shall utilize International Society of Arboriculture’s Best
Management Practices (ISA BMP) and/or American National Standards Institute (ANSI). A
Glossary of terms is included in Section 9.0.
Specific criteria as detailed in the ISA BMP shall be established and applied to for the removal and/or
pruning of trees located in or on City property. The same criteria shall be used to evaluate the overall
public benefit of the proposed work. In all cases, safety concerns shall receive priority. In addition,
priority will be given to limiting removal, increasing forest canopy, and preserving appropriate
vegetation on park property.
6.2 Tree Preservation: The health and physical state of trees shall be maintained and protected
whenever possible. Instances not specifically covered elsewhere in this policy include:
4 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
6.2.1 Conservation of Landmark Trees: These are individual trees that are considered unique
because of size, species, historical significance, and shall be given extra protections and
consideration for retention. Refer to the Glossary of Terms.
6.2.2 Conservation of Commemorative Program Trees: These are individual trees or groves
purchased by someone from the City of Ukiah to memorialize an individual or group.
Refer to the Glossary of Terms.
6.2.3 Existing Trees: Staff shall change use patterns in root zones whenever practical. For
example: Vehicles parked or materials stored in the root zone shall be subject to an
education and/or enforcement campaign to reverse the damage to the tree roots;
pathways causing excessive compaction around tree roots shall be relocated if other
options are deemed insufficient. Fencing, boulders, logs and landscaping are reasonable
deterrents to reduce further damage and shall be used whenever practical. Refer to ISA
BMP Integrated Vegetation Management.
6.2.4 Special consideration shall be given for unique situations. Every effort shall be made
to protect trees growing near underground streams.
6.1.5 Storm water flooding and sedimentation of drainage areas shall be properly
considered before tree removal.
6.1.6 The relationship of vegetation to slope stability will be a primary consideration in all
proposed vegetation management on slopes.
6.1.7 Diseased or Infested Plants That Pose Risk to Trees: Action shall be taken to
effectively decrease risk to other trees from pests and diseases. This may include
removal and destruction of affected materials, pesticide treatments and/or alternative
cultural practices. Other qualified experts shall be consulted as needed. Refer to ISA
BMP Integrated Pest Management; City of Ukiah Integrated Pest Management Plan.
6.1.8 Damage, Vandalism and Illegal Cutting: Action shall be taken whenever possible to
investigate and prosecute vandalism and illegal cutting of city-owned trees.
Compensation for damages shall be sought based on the appraised value in accordance
with The Guide for Plant Appraisal as authored by the Council of Tree and Landscape
Appraisers.
6.2 Planting: Planning before planting can ensure that the right tree is planted in the right location.
Proper tree selection and placement prevents tree damage and costly maintenance like trimming.
Consideration of water requirements and climate and surrounding infrastructure such as sidewalks,
sewer lines and overhead/underground power lines shall improve the chances for optimum growth
potential. Refer to the City of Ukiah’s Master Tree List; City of Ukiah Tree Planting and
Maintenance Recommendations; ISA BMP Tree Planting; and ISA BMPTree Support Systems.
6.3 Root Environment and Tree Root Zones: Refer to the Glossary of Terms. Whenever feasible, a
pro-active program of cultural practices shall be implemented to maintain the health and vitality of
City trees. Refer to ISA BMP Tree and Shrub Fertilization.
6.3.1 Trees in parks, fields and all other areas both developed and undeveloped:
5 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
6.3.1.1 Soil Compaction: Every effort shall be made to avoid the compaction
of soil in root zones and to encourage penetration of rainfall deep into
the soil.
6.3.1.2 Mulch: Organic material such as mulch and leaves shall not be
removed
under the tree canopy.
6.3.1.3 Crews shall, when feasible and practical, establish and maintain the
areas under tree canopies free of turf and invasive plant species. The
use of native grasses and plants are encouraged, as are plants associated
with the trees above them. Special consideration shall be given to oak
trees and the use of drought tolerant plants near them.
6.3.1.4 Parking: Vehicles and equipment should be parked on paved areas,
streets and parking lots.
6.3.1.5 Pavement: The use of pavement within park and garden areas shall be
limited as much as possible, especially under tree canopies. Whenever
pavement is necessary the use of permeable materials is preferred.
Remove the affected curb and damaged or cracked pavement due to
root uplift when feasible. Level the section with mulch, chips, sand, or
gravel rather than replacing the area with impervious materials.
6.3.1.6 Leaf Blowers: The use of leaf blowers is discouraged. Leaf
blowers should not be used to blow debris with native soil.
6.3.1.7 Pesticides: The use of pesticides is discouraged. Please refer to the
City
Integrated Pest Management policy.
6.3.1.8 Stakes: In the unusual situation when stakes are needed they should be
driven in outside the root ball. ISA BMP Tree Support Systems shall
be followed.
6.4 Construction around Trees: Protection devices shall be installed to protect the tree and root
zones when near or within construction zones. The root system extends at least to the edge of the
canopy or drip line of the tree with most of the fine feeder roots active in the top few inches of the
soil. These roots need air to stay healthy in order to provide the tree with nutrients and water.
This root zone shall be protected from compaction, changes in soil grade, digging, or other
disturbances.
Protective fencing and warning signage will be required around the root zone. All tree protection
devices shall be visible, well-anchored, and approved in the field by the Supervisor or designee
prior to clearing, grading, or beginning of construction and shall remain in place and maintained
until the project is completed. Refer to ISA BMP Managing Trees During Construction and
ANSI Construction Management and Standard.
6 City of Ukiah Tree Management Guidelines
TREE MANAGEMENT GUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
6.5 Consultation with a Qualified Arboricultural Professional: When planning and designing
a public improvement project the City shall seek the appropriate qualified expert when the
project involves or is near a tree or trees.
6.6 Pruning Standards: The latest pruning standards established by the International Society of
Arboriculture shall be used in the maintenance of trees and are detailed in the ISA Best
Maintenance Practice booklets. Refer to ISA BMP Tree Pruning; ISA BMP Utility Pruning of
Trees. Such maintenance will include:
6.6.1 General pruning for clearance to prevent injuries and to facilitate maintenance and
vehicle clearance.
6.6.2 Pruning dead, dying, and diseased sections to improve the health and
appearance of the tree and to prevent accidents.
6.6.3 Pruning for clearance around lighting and overhead lines.
6.6.4 Pruning back for authorized passage on service roads, walkways and
paths.
6.6.5 Pruning requested by a private property owner. Such requests do not obligate
the Department to prune trees, shrubs, and/or vegetation. It is the responsibility of the
business owner to plan their signage so that visibility is not affected by growing trees.
6.6.6 Pruning in park areas identified as places of illegal or inappropriate activity in order
to improve general visibility and increased police surveillance.
6.7 Birds and Nesting: Except in emergencies nesting birds or nests shall not be disturbed or
harassed by pruning or removal activities. To avoid nesting season such activities shall occur
between September 1st and March 31st. Fish and Game Code 3503: "It is unlawful to take,
possess, or needlessly destroy the nest or eggs of any bird..." The Migratory Birds Treaty Act of
1918 also applies.
6.8 Unnecessary Wounding: Because “topping” of trees can cause permanent damage by promoting
decay, as well as unnatural, dense and weak branching structure, topping shall not be practiced or
permitted except under special circumstances. Not only can a tree sustain wounds to the branches
or top, it can also sustain wounds to the trunk. Therefore, these policies shall reinforce the
protection of the trunk area from wounds associated with a lawn mower or other equipment.
6.9 Hazardous Tree Management: Public health, safety and general welfare will be maintained
through the use of generally accepted professional practices of evaluation and treatment to reduce
risks to people and property from hazardous trees. Attention to proper selection, planting and
maintenance of new trees shall also be pursued to achieve long- term risk reduction.
6.9.1 The City of Ukiah shall assess and manage the risk of tree failure within the
limits of available fiscal and human resources. Priority shall be given to locations and
situations with high probability of failure and high potential damage or injury that may
result.
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TREE MANAGEMENT GUIDELINES AND POLICIES
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6.9.2 Notwithstanding an immediate hazard to safety and/or property, the City shall utilize a
written tree risk assessment methodology established by the ISA (ISA Basic Tree Risk
Assessment Form or equivalent) to evaluate the likelihood that part or all of a tree will
fail and cause damage and/or injury by a qualified arboricultural professional. The
components of the assessment shall include tree health, species profile, site factors,
history of failures, tree defects/conditions, target assessment, risk categorization,
mitigation options and recommend inspection intervals when warranted.
6.9.3 Corrective action for high hazard rated trees shall be reasonable and prudent and may
include:
•Moving any at-risk structures, equipment, fixtures or recreational sites;
•Correction of the defect by pruning, cabling and bracing, or tree removal;
•Closure of the area
7.1 Tree Removal: The City shall provide 72 hours of advance notice of the intended tree or trees that
shall be removed by posting a sign at the work site when feasible. The sign shall contain the reason
for the removal of the tree and the appropriate city department’s telephone number that the public
may contact for further information. Tree removal will include:
7.1.1 Trees that pose substantial risk or hazard to the public, adjacent properties or to public
facilities.
7.1.2 Dead, dying or diseased trees.
7.1.3 Removal from properties being improved or developed under an approved design,
however, prior consideration to retention shall be given whenever possible.
Preference is to retain existing healthy trees when designing any development rather
than attempting mitigation.
7.1.4 Trees that block trails, drains or otherwise obstruct the use and function of
infrastructure elements.
7.1.5 Trees on sites that were over planted by design or are crowded from natural
competition. As the landscape grows, the Supervisor with consultation with a
qualified expert shall selectively remove trees on a site to maintain spacing for optimal
tree growth and function.
7.1.6 Removal requested by a private property owner. However, such requests do not obligate
the City of Ukiah to remove or allow removal of any trees, shrubs, and/or vegetation.
7.1.7 Consideration shall be given for providing trunk and limbs for service projects such
as constructing benches and picnic tables. The use of wood chips for mulching
material around trees and vegetation in the parks is encouraged.
7.1.8 Any person aggrieved or impacted by a decision to remove a tree may appeal the
decision during the noticing period. A letter stating the reason(s) for the
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TREE MANAGEMENT GUIDELINES AND POLICIES
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appeal must be submitted to the City Clerk’s Office. An appeal automatically stops
any action or non-action on the tree until the responsible Department Director has an
opportunity to review and consider the appeal. When feasible, the Director will
consult with the City’s Tree Advisory Committee for additional input. The Director’s
decision on an appeal is the final administrative determination.
The Director’s final determination may be appealed to the City Council. The appeal
must be filed with the City Clerk’s Office within 10 days of the Director’s
determination and must be accompanied by supporting documentation from a qualified
arboricultural professional using the same tree risk assessment methodology
established by the ISA as detailed in Section 6.9.2.
7.2 Tree Replacement: At least one tree shall be planted for every tree that is removed from City
property. Replacement tree species shall be selected so that overall mature canopy volume will be
maintained or increased. It is preferable to plant the replacement tree in close proximity to the
original tree’s location. The replacement tree may be located elsewhere, if local conditions
contributed to the previous tree’s failure (See Section 6.2). New locations should be found on the
same site or in the same neighborhood at a location of similar or greater value. Preference shall be
given for planting native trees whenever feasible.
7.3 Replacement Plantings: The City shall undertake the task of replacement plantings to mitigate
the effects of vegetation removal and to reestablish the landscape and increase overall mature
forest canopy. The City shall determine the species of tree to be planted on City property and the
planting location. Every effort shall be made to select a species compatible with the existing tree
plantings on the street, the neighborhood identity, the maturity of the trees, space available for
growth, the presence of underground and overhead utility lines, utility poles, streetlights,
driveway approaches and fire hydrants.
7.4 Phasing: The City of Ukiah when appropriate shall consider a phased approach to vegetation
management to reduce potential short-term negative aesthetic and/or wildlife habitat impacts
(associated with such actions).
7.5 Wildlife and Habitat: Trees and forested areas are recognized as important habitat for native
wildlife and providing vital wildlife corridors. Trees, undeveloped landscapes and creeks will be
managed to optimize them for wildlife habitat. Refer to the City of Ukiah Creeks Maintenance
Policies and Procedures.
8.0 SUMMARY
These guidelines are set in place to enhance the urban forest within the City of Ukiah. As industry
standards change in regard to tree care, this document shall remain flexible to incorporate needed
changes.
9.1 GLOSSARY OF TERMS
For additional definitions, refer to the International Society of Arboriculture Best Management
Practices
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9.2 Commemorative Program Tree Program provides an opportunity for the public in
celebrating an event or memorializing a loved one by the planting of a young tree or trees
while improving the appearance and canopy of City parks. A tree or grove is purchased
from the City of Ukiah to honor or memorialize an individual or group. Such tree(s) are
identified and recorded by the City of Ukiah with the name of the tree species, dedicated
individual or group and the name of the donor.
9.3 Developed landscape is property that has been graded and/or planted, and contains
plantings that are distinct from typical native forest. These active and/or passive
recreational landscape areas are routinely maintained by park staff for public use.
Developed landscapes shall include, but are not limited to: lawns, athletic fields,
boulevards, golf courses including pitch and putt, lawn bowling greens, play areas,
squares, places, triangles, and swimming beaches.
9.4 Hazardous Tree is a tree that can be predicted to fail and has a high
probability of striking people or property causing injury or damage.
9.5 Invasive exotic vegetation consists of species of plants that are not native to our region
and exhibit aggressive growth to the exclusion of native or planted landscapes and
wildlife.
9.6 Landmark Trees are individual trees that have been designated as unique because of
size, historical/commemorative association, and distinct form, as an outstanding specimen
or are important for wildlife habit. Such trees will be given extra protection and
consideration for retention. Rules and regulations for landmark trees are defined in the
City’s Landmark Tree Program and/or Downtown Zoning Code.
9.7 Topping is the removal of the terminal shoot of a tree to a stub or lateral branch that is
not sufficiently large enough to assume a terminal role or cannot be expected to achieve
wound closure to inhibit decay.
9.8 Tree Failure is the breaking and falling of a tree or any substantial part of a tree.
This does not include falling leaves or fruit.
9.9 Tree Root Zone is the area from the trunk to the drip line or the edge of the unpruned
canopy around a mature, uninjured tree or the anticipated root zone of a young tree.
9.10 Qualified Arboricultural Professional is a tree care professional with a minimum of
two years of experience in the evaluation and care of trees in combination with a
professional license or certification that measures minimum competency in relevant
subjects, including protection of public health, safety and welfare. Acceptable titles
include Certified Arborist, Registered Consulting Arborist, Registered Professional
Forester, and Landscape Architect.
9.9.1 Undeveloped Landscape is property that contains native or volunteer (self-
propagated) plants and is not intended for recreational use except along designated
trails. Undeveloped landscapes are (usually) not as intensively maintained as
developed landscapes.
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10.0 ADDITIONAL RESOURCES
Additional City and other tree-related documents that incorporate tree guidelines are available
electronically through the Intranet. The Department Director shall provide the The International Society
of Arboriculture Best Management Practice booklets, American National Standards Institute related
documents and Mendocino County ReLeaf materials to their employees.
These documents are:
•Municipal Code Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent
(Ordinance 869, adopted 1987)
•Community Forest Management Plan
•Tree Protection and Enhancement Policy
•Tree Planting and Maintenance Recommendations
•Master Tree List
•Integrated Pest Management Plan, Community Service Department
•Creek Maintenance Policies & Procedures
•Form Based Zoning Preservation Tree List
•General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended
6/16/2004
•Landscaping and Streetscape Design Guidelines
•Commercial Development Design Guidelines
•International Society of Arboriculture Best Management Practices (ISA BMP): Managing Trees
During Construction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility
Pruning of Trees; Tree and Shrub Fertilization; Tree Planting; Tree Inventories; Integrated
Vegetation Management
•American National Standards Institute (ANSI): Construction Management Standards
•Mendocino County ReLeaf Tree Care Guide
•Hillside Ordinance 9135