Regular Meeting Agenda 10.08.25 Page 1 of 2
AGENDA
REGULAR MEETING
CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, October 8, 2025
Regular Session – 7:00 PM
The City Council meeting will be held in person in the City Council Chambers. The Town will only accept public comments from the public attending in person and will not accept public comments via Zoom.
As a courtesy and technology permitting, the meeting can also be viewed /heard via Zoom Video Conference, but no public comment will be allowed or accepted by the Town via Zoom. The Town cannot guarantee that the public’s access to Zoom will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue, even if the public is unable to view/hear or otherwise access the meeting via Zoom.
To attend the meeting in person:
Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014
To view/hear the meeting via Zoom Video Conference:
Join Zoom Meeting:
https://us02web.zoom.us/j/85610028212
Meeting ID: 856 1002 8212
Dial by your location:
+1 669 444 9171
+1 669 900 6833 US (San Jose)
+1 346 248 7799 US (Houston)
+1 253 215 8782 US (Tacoma)
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
To provide Public Comment:
Members of the public wishing to provide public comment are required to attend the meeting in person and are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less. If there appears to be a large number of speakers, time may be reduced to no less than one minute each, at the discretion of the Mayor.
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].
Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Nathan Bassett, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.
Regular Meeting Agenda 10.08.25 Page 2 of 2
PLEDGE OF ALLEGIANCE AND ROLL CALL
ADOPTION OF AGENDA
PRESENTATIONS
• Introduction of Assistant Planner Jacob Bard
• Proclamation Recognizing October as Italian American Heritage Month
• Proclamation Recognizing October as Domestic Violence Awareness Month
• Presentation on the Grand Boulevard Initiative (GBI) Action Plan
PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.
Comments on Agenda Items will be heard when the item is called.
CONSENT CALENDAR
1. Motion to Approve the Minutes from the September 24, 2025 Regular Meeting
2. Motion to Accept Informational Report on Recreation Department Programs, Activities, Events, and Trips for the Third Quarter of 2025
3. Motion to Approve and Authorize the City Manager to Execute a One-Year Agreement for Services with Arboricultural Specialties, Inc. dba The Professional Tree Care Company for Comprehensive Street Tree Maintenance in an Amount not to Exceed $200,000, Including City Manager Authority to Extend the Agreement for Two Additional Two-Year Periods in an Amount Not to Exceed $400,000 per Extension for an Aggregate Total Contract Not-To-Exceed Amount of $1,000,000 Through 2030
4. Motion to Adopt Ordinance No. 827 Amending Sub-Chapter 5.11 of the Colma Municipal Code Relating to the Water Efficient Landscape Regulations Pursuant to CEQA Guidelines 15378 and 15308
STUDY SESSION
5. CANNABIS BUSINESS IN THE TOWN OF COLMA
This item is a study session for information purposes only. No City Council action will be taken; the purpose of this item is to provide information on the cannabis industry within San Mateo County and discuss with City Council and members of the public the potential for Colma to incorporate the cannabis industry within its business landscape and provide direction to staff.
REPORTS
Mayor/City Council
City Manager
ADJOURNMENT
Minutes – Regular Meeting 09.24.25 Page 1 of 7
MINUTES
REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also viewable via Zoom.us
Wednesday, September 24, 2025
Regular Session – 7:00 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL
Mayor Gonzalez called the meeting to order at 7:03 p.m.
Council Present – Mayor Ken Gonzalez, Vice Mayor Carrie Slaughter and Council Members Helen Fisicaro and Thomas Walsh
Council Absent – Council Member Joanne F. del Rosario
Staff Present – City Manager Daniel Barros, City Attorney Christopher Diaz, Assistant City Attorney Robert Murillo II, Chief of Police John Munsey, Administrative Services Director Nathan Bassett, Director of Planning and Public Works Brad Donohue, City Planner Farhad Mortazavi, Principal Planner Lorraine Weiss, City Clerk Michelle Estabillo, and Deputy City Clerk Abigail Dometita
Council recited the Pledge of Allegiance.
ADOPTION OF THE AGENDA
Action: A motion was made by Council Member Fisicaro, seconded by Council Member Walsh, to adopt the agenda. The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
Thomas Walsh ✓
4 0
PUBLIC COMMENTS
There were no Public Comments.
PRESENTATIONS
AGENDA ITEM #1
Minutes – Regular Meeting 09.24.25 Page 2 of 7
• Vice Mayor Slaughter read the proclamation recognizing September 21, 2025 as Armenian Independence Day.
• Mayor Gonzalez read the proclamation recognizing September as Prostate Cancer Awareness Month.
• Vice Mayor Slaughter read the proclamation recognizing September as Ovarian Cancer Awareness Month.
CONSENT CALENDAR
1. Motion to Approve the Minutes from the September 10, 2025 Regular Meeting
2. Motion to Approve Report of Checks Paid for August 2025
3. Motion to Approve an Amended Joint Exercise Powers of Agreement with the California Cities Gaming Authority (CCGA) Increasing the Annual Membership Fee to $40,000
4. Motion to Adopt Resolution 2025-32 Authorizing the Filing of an Application for Funding Assigned to the Metropolitan Transportation Commission (MTC) and Committing Any Necessary Matching Funds and Stating Assurance to Complete the Project for the 2026 State Transportation Improvements Program (STIP) for the El Camino Real Bicycle and Pedestrian Improvement Project Pursuant to CEQA Guideline 15306 There were no Public Comments.
Action: A motion was made by Council Member Fisicaro, seconded by Council Member Walsh, to approve the Consent Calendar.
The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
Thomas Walsh ✓
4 0
NEW BUSINESS
5. FY 2025 NON-PROFIT FUNDING
Deputy City Clerk Dometita presented the staff report.
Written Public Comments were received from the following people and distributed to City Council:
• Maureen O’Connor, Elisabeth Aurora Jenson and Liz Taylor, Age-Friendly Task Force Minutes – Regular Meeting 09.24.25 Page 3 of 7
• Terry Nagel, Sustainable San Mateo County
• Anne-Marie Hong, AbilityPath
In-person Public Comments were received from the following:
• Cynthia and Joe Silva, Medical Equipment Loan Program • Jordy Pascual, County of San Mateo Jobs for Youth
• Katelyn Mc-Meekin-Jackson, Clinic by the Bay
• Carlos Reyes, Renaissance Entrepreneurship Center
• Anastacio Flores, Asian American Recovery Services
• Lauren Kitchen, South San Francisco Education Foundation • Daisy Li, Moonstar Charitable Organization
• Kevin Joyner, HIP Housing
• Tom Nuris, Daly City Colma Chamber of Commerce
• Adriana Embriz, LifeMoves
• Keri Kirby, Sitike Counseling Center
• Aimee O’Donnell Saunders and Marie Villarosa, Operation Santa Claus • Peri Trono, My Good Brain
• Ariel Cherbowsky Corkidi, San Bruno Mountain Watch
• Laura Walsh, Resident
• Sarah Watson, Daly City Public Library Associates
• Mary Prem, Skyline College President's Council
• Karen Ferguson, CORA
Council questions and comments followed.
Deputy City Clerk Dometita and City Manager Barros answered their questions.
Deputy City Clerk Dometita reminded Council that, while staff recommended earmarking $142,000 of the $143,222 donations line item, Council may choose to utilize the full allocation. Following discussion, Council agreed to allocate the entire $143,222. Combined with the Planning Department’s $10,000 budget, the total available grant funding became $153,222.
Council made several changes to the staff recommended funding amounts, which are marked in red below:
Grantee Name FY 2025-26
Grantee
Request
FY 2025-26
Staff
Proposed
Grant Amount
FY 2025-26
Approved
Funding
AbilityPath (Community
Gatepath)
$ 7,500 $ 6,500 $ 6,500 AgeUp, Inc. (formerly
Ombudsman Services of SMC)
$ 5,000 $ 2,500 $ 2,500 Clinic by the Bay $ 10,500 $ 5,000 $ 5,000 Community Overcoming
Relationship Abuse (CORA)
$ 9,000 $ 9,000 $ 9,000 Daly City Partnership $ 20,000 $ 10,000 $ 5,000 Daly City Public Library
Associates (DCPLA)
$ 6,200 $ 5,700 $ 5,700 Minutes – Regular Meeting 09.24.25 Page 4 of 7
Daly City Youth Health Center $ 10,000 $ 6,000 $ 6,000 Greater Daly City Chamber of
Commerce
$ 60,000 $ 45,000 $ 50,000 HealthRIGHT 360 (Asian
American Recovery Services)
$ 10,000 $ 3,000 $ 3,000 Human Investment Project, Inc.
(HIP Housing) 1
$ 5,000 $ 5,000 $ 5,000 JUHSD Wilderness Program
(CEEP)
$ 8,000 $ 4,000 $ 4,000 LifeMoves 1 $ 10,000 $ 5,000 $ 5,000 MELP/AbleCloset $ 5,000 $ 3,000 $ 4,000 Moonstar Charitable Organization $ 8,500 $ 7,000 $ 8,000 My Good Brain $ 7,500 $ 2,000 $ 3,000 Operation Santa Claus $ 3,000 $ 2,000 $ 3,000 Renaissance Entrepreneurship
Center
$ 5,000 $ 3,500 $ 3,500 San Bruno Mountain Watch $ 3,500 $ 2,500 $ 2,500 San Mateo County Community
Colleges Foundation
$ 10,000 $ 5,000 $ 5,000 San Mateo County Jobs for Youth $ 4,000 $ 4,000 $ 4,000 Sitike Counseling Center $ 8,000 $ 6,500 $ 6,500 South San Francisco Education
Foundation
$ 10,000 $ 6,500 $ 6,500 Sustainable San Mateo County $ 3,000 $ 1,000 $ 500 TOTALS $ 228,700 $ 149,700 $ 153,200 Action: A motion was made by Council Member Walsh, seconded by Council Member Fisicaro, to adopt Resolution 2025-33 Determining Eligibility for Grant Funding, Approving Grants to Eligible Organizations, Finding That Each Approved Grant Serves a Public Purpose, and Authorizing Contracts with Each Eligible Organization for the Use of Town Funds Pursuant to CEQA Guideline 15378.
//
//
//
1 Funding to come from Legal Mandates line item in Planning Department budget Minutes – Regular Meeting 09.24.25 Page 5 of 7
The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
Thomas Walsh ✓
4 0
Mayor Gonzalez called for a brief recess at 8:25 p.m.; the meeting reconvened at 8:36 p.m.
PUBLIC HEARING
6. ETERNAL HOME PARKWAY AND EL CAMINO REAL SUBDIVISION
City Planner Mortazavi presented the staff report and introduced the applicant, Frank Fung.
There were no Public Comments.
Council had no questions.
Action: A motion was made by Council Member Walsh, seconded by Council Member Fisicaro, to Adopt Resolution 2025-34 Approving a Tentative Subdivision Map to Divide an Existing Single Parcel Located at Eternal Home Parkway and El Camino Real APN 001-341-450 Into Two Lots Pursuant to CEQA Guideline Section 15315.
The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
Thomas Walsh ✓
4 0
7. ORDINANCE AMENDING SUBCHAPTER 5.11 RELATED TO WATER EFFICIENT
LANDSCAPING
Principal Planner Lorraine Weiss presented the staff report.
There were no Public Comments.
Council had no questions.
Minutes – Regular Meeting 09.24.25 Page 6 of 7
Action: A motion was made by Council Member Walsh, seconded by Council Member Fisicaro, to Introduce Ordinance No. 827 Amending Subchapter 5.11 of the Colma Municipal Code Relating to the Water Efficient Landscape Regulations Pursuant to CEQA Guidelines 15378 and 15308 and Waive Further Reading; and Adopt Resolution 2025-35 Adopting Guidelines for Implementation of the Water Efficient Landscape Regulations.
The motion carried by the following vote:
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor ✓
Carrie Slaughter ✓
Helen Fisicaro ✓
Joanne F. del Rosario ✓
Thomas Walsh ✓
4 0
COUNCIL CALENDARING
Mayor Gonzalez announced the next Regular Council meeting will be on October 8, 2025.
REPORTS
Mayor/Council Reports
There were no reports.
Committee Reports
There were no reports.
City Manager Reports
City Manager Barros reported the following:
• Cinema at the Cemetery: The Goonies scheduled for September 27 at 9pm at the Italian Cemetery.
• TextMyGov will launch on October 1. Residents and businesses are encouraged to check social media and to read the October LiveWire for more information on the text-based notification service and how to opt-in.
Council Member Fisicaro suggested sharing the TextMyGov information with businesses at the October Business Recognition Luncheon and possibly reviving the Colma Works Newsletter to include the same information. City Manager Barros noted that there is a plan to provide businesses with this information.
ADJOURNMENT AND CLOSE IN MEMORY
Mayor Gonzalez adjourned the meeting at 8:53 p.m. in memory of Leonard Graham, Michael Milleza, Gerard McCarthy and Pedro Gonzalez.
Minutes – Regular Meeting 09.24.25 Page 7 of 7
Respectfully submitted,
Abigail Dometita, CMC
Deputy City Clerk
I
- -
- -
• JI.• 4 II
Staff Report - Recreation Quarterly Review, July - September 2025 Page 1 of 3
STAFF REPORT
TO:
Mayor and Members of the City Council
FROM: Angelika Abellana, Recreation Manager
VIA: Dan Barros, City Manager
MEETING DATE: October 8, 2025
SUBJECT: Recreation Services Department Quarterly Review, July-September 2025
RECOMMENDATION
Staff recommends that the City Council adopt:
MOTION TO ACCEPT INFORMATIONAL REPORT ON RECREATION DEPARTMENT PROGRAMS, ACTIVITIES, EVENTS, AND TRIPS FOR THE THIRD QUARTER OF 2025.
BACKGROUND
The Recreation Services Department offered a variety of programs, activities, events, and trips for all age groups during the third quarter of 2025. Below is a summary of participation by demographic group:
o Adults & Seniors – Enrichment Programs
A total of 104 adults and seniors participated in enrichment programs during the third quarter of 2025, reflecting a decrease of 95 participants compared to the same period in 2024. Staff attributes this decline primarily to reduced interest in the Colma Ladies Social due to participants being out of town and a decreased frequency of Friday Films due to scheduling conflicts with other events.
o Adults & Seniors – Trips and Events
A total of 278 adults and seniors participated in trips and special events during the third quarter, representing an increase of 147 participants compared to the same period in 2024. This growth is largely due to increased interest in Adult and Senior Trips and the success of adult-focused programs such as the Lagunita’s Brewery Tour and Brews & Bingo.
o Youth & Teens – Enrichment Programs
A total of 1,480 youth and teens participated in enrichment programs during the third quarter of 2025, representing an increase of 1,078 participants compared to the same period in 2024. Staff attributes this growth the high interest of Early Morning Care and Afternoon Care during the summer months.
o Youth & Teens – Events and Trips
A total of 139 youth and teens participated in events and trips during the third quarter, reflecting a decrease of 95 participants compared to the same period in 2024. This AGENDA ITEM #2
Staff Report - Recreation Quarterly Review, July - September 2025 Page 2 of 3 decline is attributed to reduced participation in Dessert & Arts and Crafts and the cancellation of Crafts and Vibes. Staff also observed a general decrease in teen participation in events, though the Leaders in Training program maintained consistent involvement.
o C
ommunity Programs (All Ages)
A total of 2,344 individuals—including youth, adults, and seniors—participated in community programs during the third quarter, marking an increase of 1,740 participants compared to the same quarter in 2024. Staff attribute this growth to strong attendance at popular community events such as Summer Concerts, Cinema at the Cemetery, and Streets Alive – Family Field Day.
The attachment contains a detailed breakdown of participation by program.
Rental Activity
The Colma Community Center was rented for 45 different events:
● R
esident Rental (15 social events, 1 Meeting)
● Colma Non-Profit (1 Fundraiser)
● Non-Resident Rental (2 Social events)
● Non-Resident Non-Profit (1 Fundraiser)
● In House Reservations (3 Police Department Trainings/Meetings) ● Non-Resident Non-Profit Kitchen only (22 reservations) T
he Sterling Park Recreation Center was rented for 12 different events:
• Sterling Park Resident Rental Reservations (9 social events, 2 included picnic rentals) • Sterling Park In House Reservations (3 events at Sterling Park) AN
ALYSIS
In the third quarter of 2025, a total of 4,320 participants attended City recreation programs.
This reflects a decrease of 331 participants compared to the same period in 2024. Staff attributes the decline to a temporary pause in Zumba Gold and Tuesday evening Zumba classes. Additionally, the pause of the Second Harvest Food Bank partnership with Jefferson High School, as well as the inability to secure a summer food program partnership with San Mateo County Libraries, impacted overall participation numbers.
Despite the overall decline, staff observed increased attendance in several key areas. Adult and Senior trips and events—such as
Brews and Bingo—experienced notable growth. Furthermore, there was a rise in the number of parents utilizing both early morning and afternoon care as part of the Summer Day Camp program, which positively contributed to overall participation.
In celebration of National Recreation Month in July, staff hosted a series of low-cost community activities in alignment with this year’s theme: “Build Together, Play Together.” A highlight of the month was the installation of the first Neighborhood Lending Library at Sterling Park, providing residents with free access to books and fostering community connections.
Staff estimates that approximately 31% of Colma residents held a current Colma I.D. during the third quarter of 2025.
Staff Report - Recreation Quarterly Review, July - September 2025 Page 3 of 3 Facility rentals totaled 56 for the quarter, marking a slight increase of one rental compared to the third quarter of 2024. The minimal growth is attributed to temporary closures of the Colma Community Center and Conference Room due to floor maintenance.
Sustainability Impact
Staff coordinates and implements programs and activities that align with the Town’s Climate Action Plan and Sustainability Policy. For example, at events including the Annual Town Picnic, cups, plates, forks, knives, and spoons are made from recyclable and/or compostable materials.
CO
NCLUSION
Staff recommends that City Council Adopt the motion to accept informational report on Recreation Department program, activities, events and trip for the third quarter of 2025.
ATTACHMENTS
A. 2025 Recreation Service Department Quarterly Review – Participation Detail I
- -
- -
• JI.• 4 II
Recreation Services Department Quarterly Review
July – September 2025
Participation Detail
Adult/Senior Enrichment Programs
Program Registered Sessions New or Existing Program
Armchair Travel 18 2 Existing
Boot Camp Fitness 6 2 Existing
Chair Yoga 5 3 Existing
Colma Ladies Social 16 3 Existing
Colma Social Hour 8 2 Existing
Friday Films 7 3 Existing
Senior Strength and Core 13 2 NEW
Restorative Yoga 5 2 NEW
Zumba - Tuesday 6 2 Existing
Zumba Gold 12 2 Existing
Zumba Toning – Saturday 8 2 Existing
Adul
t & Senior Trips & Events
Program Registered Sessions New or Existing Program
Academy of Science 10 1 NEW
Adult Cooking Class Canceled 2 Existing
Breakfast and Bingo 36 3 Existing
Brews and Bingo 45 1 NEW
Lagunitas &Golden State Brewery 27 1 NEW
Petaluma Historical Library & Museum Cancelled 1 NEW
Redwood Forest Steam Train 38 1 NEW
Scrapbooking & Journaling Club 12 4 Existing
Senior Luncheon 75 3 Existing
Senior Prom 23 1 Existing
Swap and Share Cancelled 1 Existing
Veterans Village Colma ID Day 12 1 Existing
Youth & Teen Enrichment Programs
Program Registered Sessions New or Existing Program
Camp Allegro 2 1 NEW
Duo Dance – Ballet, Tap, Jazz & Hip
Hop any level
1 1 Existing
Kids’ Club Afterschool Program 33 4 Existing
Kumon Math Tutoring 11 3 Existing
Kumon Reading Tutoring 11 3 Existing
Open Teen Center 30 1 Existing
Parents Night Out 51 3 Existing
Summer Day Camp – Afternoon Care 559 6 Existing
Summer Day Camp – Early Morning
Care
527 6 Existing
Summer Day Camp 249 3 Existing
ATTACHMENT A
2 Teen Hang Out – California Youth
Connection
2 1 NEW
Teen Hang Out – Jobs for Youth 4 1 NEW
Youth and Teen Events & Trips
Program Registered Sessions New or Existing Program
Aqua Adventure Trip 36 1 Existing
Bay Area Discovery Museum 41 1 Existing
Crafts and Vibes Cancelled 1 NEW
Dessert and Arts & Crafts 7 1 Existing
Great America – Day Camp 39 1 NEW
Great America – Teen Trip 4 1 NEW
SF Giants Game – Teen Trip 3 1 Existing
Teen Hang Out - Movies 5 1 NEW
Teen Hang Out – Color Me Mine 4 1 NEW
Community Programs
Program Registered Sessions New or Existing Program
49ers Preseason Game 25 1 NEW
Cab Connect 4 1 Existing
CAPE 6 1 Existing
Cinema at the Cemtery 525 1 Existing
Colma Community Fair Vendor 63 1 NEW
Colma Community Fair 500 1 Existing
Family Kickball 28 1 Existing
Grandparents Day Celebration 27 1 Existing
Pickleball Lessons 3 1 NEW
San Mateo Coastal Clean Up 3 1 NEW
Streets Alive – Family Field Day 150 Existing
Summer Concert Series 700 2 Existing
Town Picnic Bingo 80 Existing
Town Picnic 230 1 Existing
Staff Report re Street Tree Maintenance Agreement Page 1
STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Dan Barros, City Manager
MEETING DATE: October 8, 2025
SUBJECT: Tree Maintenance Services
RECOMMENDATION
Staff recommends that the City Council make the following motion:
APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE-YEAR AGREEMENT FOR SERVICES WITH ARBORICULTURAL SPECIALTIES, INC. DBA THE
PROFESSIONAL TREE CARE COMPANY FOR COMPREHENSIVE STREET TREE MAINTENANCE IN AN AMOUNT NOT TO EXCEED $200,000, INCLUDING CITY MANAGER
AUTHORITY TO EXTEND THE AGREEMENT FOR TWO ADDITIONAL TWO-YEAR PERIODS IN AN AMOUNT NOT TO EXCEED $400,000 PER EXTENSION FOR AN AGGREGATE TOTAL CONTRACT NOT-TO-EXCEED AMOUNT OF $1,000,000 THROUGH 2030.
COUNCIL ADOPTED VALUES
The staff recommendation is consistent with the Council adopted values of:
• Responsibility
BACKGROUND
The Town of Colma is responsible for the maintenance of approximately one thousand (1,000) trees in its urban forest. With such a large inventory of trees, the Town periodically requires assistance from an outside contractor to support the Town’s maintenance efforts. Ongoing tree care, such as pruning and tree removal, is essential to protecting public safety and preventing any potential hazards.
ANALYSIS
In August of 2023, the Town of Colma received a Community Forest Management Plan (Management Plan) drafted by Arbor Pro Inc. following a Town-wide tree inventory and conditions assessment. The Management Plan identifies two (2) priority areas to address immediately involving the removal of 22 trees and the pruning of 16 others. Additionally, the Management Plan outlines best practices for proactive maintenance of the remaining trees within the inventory to establish a cyclical pruning schedule.
AGENDA ITEM #3
Staff Report re Street Tree Maintenance Agreement Page 2 The Management Plan addressed the Towns trees from a risk management perspective, citing recommended courses of action to take in the event a tree was posing a potential hazard to the public at the time. However, the Inventory and Conditions Assessment did not address whether any Town trees are the appropriate species for this geographical area or for the specific planting application, i.e. street trees within the sidewalk.
The Town’s Purchasing Ordinance is located at Subchapter 1.06 in the Colma Municipal Code. CMC Section 1.06.180(j) as seen below authorizes the Town to use piggybacking where the RFP or procurement by the other public agency is in substantial compliance with Subchapter
1.06. (j) Purchases of goods and services by contract arrangement and agreement for cooperative purchasing programs with the state, the county, or any other public or municipal corporation of the state, provided that the agency, if a county, or any other public or municipal corporation of the state, has adopted purchasing policies in accordance with California Government Code section 54202, or purchases of goods or services directly from a vendor at a price established by a competitive bid by another public jurisdiction in substantial compliance with sections this subchapter, even if the city had not joined with that public agency in a cooperative purchase;
On April 9, 2025, The City of Redwood City (RWC) released a Request for Proposals ("RFP") for comprehensive street tree maintenance services. The RFP was emailed to six potential firms and posted on the City's website and the availability of the RFP published in The San Mateo Daily Journal. This procurement process was in substantial compliance with the Town’s procurement requirements as required by Section 1.06.0180(j) detailed above.
RWC received five proposals back from Rapid Response Force LLC, West Coast Tree Service, Inc., Arboricultural Specialties, Inc. dba The Professional Tree Care Company ("The Professional Tree Care Company"), Community Tree Service, LLC, and ACE Tree Enterprise, Inc. Upon reviewing the proposals, RWC believes that the proposed consultant, The Professional Tree Care Company, possesses the necessary expertise, experience, and staff resources to provide the City with reliable street tree maintenance services. RWC has previously worked with this consultant and has had positive experiences with the quality of their work and responsiveness.
Based on their qualifications and strong municipal references, staff recommends awarding a one-year agreement to The Professional Tree Care Company for comprehensive street tree maintenance services. Services will be rendered upon City request and billed monthly on a time- and-materials basis, using the consultant's hourly labor rate and material fees, in an amount not-to-exceed $200,000 over one year. Additionally, staff recommends authorizing the City Manager to extend the agreement for up to two additional two-year terms in an amount not to exceed $400,000 per extension, for an aggregate total contract not-to-exceed amount of $1,000,000 through 2030.
FISCAL IMPACT
The amount of $200,000 for the first year of the contract has been allocated for Tree Services in the FY 25-26 Budget. Future allocations for term extensions will be considered during upcoming Fiscal Year budget processes.
Staff Report re Street Tree Maintenance Agreement Page 3
ENVIRONMENTAL
The City Council’s approval of the agreement is exempt from environmental review pursuant to CEQA Guideline 15301 as it relates to the maintenance of existing landscaping and native growth as articulated in Guideline 15301(h).
ALTERNATIVES
The City Council may elect not to award the Agreement for Services to Arboricultural Specialties, Inc. dba The Professional Tree Care Company and direct staff to issue a new solicitation for services. However, doing so will create delays in service until the town can complete its own solicitation likely commencing services after the upcoming wet-weather season.
CONCLUSION
Staff recommends the City Council move to approve and authorize the City Manager to execute a one-year agreement for services with arboricultural specialties, inc. dba the professional tree care company for comprehensive street tree maintenance in an amount not to exceed $200,000, including city manager authority to extend the agreement for two additional two-year periods in an amount not to exceed $400,000 per extension for an aggregate total contract not- to-exceed amount of $1,000,000 through 2030.
ATTACHMENTS
A. Draft Agreement
B. RWC Staff report and Agreement
C. RWC RFP
D. Town of Colma, Community Forest Management Plan (2023)
I
- - - -
• JI.• 4 II
25977.00100\44226603.2
TOWN OF COLMA - 1 - MAINTENANCE SERVICES AGREEMENT
TOWN OF COLMA
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [__] day of October, 2025 by and between the Town of Colma, a municipal corporation organized under the laws of the State of California with its principal place of business at 1198 El Camino Real, Colma, CA 94014 (“Town”) and ARBORICULTURAL SPECIALTIES, INC. , doing business as THE PROFESSIONAL TREE CARE COMPANY, a California corporation with its principal place of business at 2828 Eighth Street, Berkeley, California, 94710 (“Contractor”). Town and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the Town on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing tree maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of Town.
2.2 Project.
Town desires to engage Contractor to render such tree maintenance services (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Town all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be for one (1) year from October [__], 2025 to October [__], 2026, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Additionally, the City Manager may extend the term of this agreement for two (2) additional two-year (2) terms, for a potential total of four years, in an amount not to exceed Four Hundred Thousand Dollars ($400,000.00) per extension term.
Any such extensions shall be pursuant to a written contract amendment.
ATTACHMENT A
25977.00100\44226603.2
TOWN OF COLMA - 2 - MAINTENANCE SERVICES AGREEMENT
3.2 Compensation.
3.2.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand Dollars ($200,000.00) without written approval of Town’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation. Contractor shall submit to Town a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. Town shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.2.3 Deductions. Town may deduct or withhold, as applicable, from each progress payment an amount necessary to protect Town from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the Town, incurred by the Town for which Contractor is liable under the Agreement; and (4) any other sums which the Town is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Town to deduct any of these sums from a progress payment shall not constitute a waiver of the Town's right to such sums.
3.2.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by Town.
3.2.5 Extra Work. At any time during the term of this Agreement, Town may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by Town to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authoriz ation from Town’s Representative.
3.3 Responsibilities of Contractor.
3.3.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Town retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Serv ices under this Agreement on behalf of Contractor shall also not be employees of Town and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.
25977.00100\44226603.2
TOWN OF COLMA - 3 - MAINTENANCE SERVICES AGREEMENT
3.3.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor ’s conformance with the Schedule, Town shall respond to Contractor’s submittals in a timely ma nner. Upon request of Town, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of Town.
3.3.4 Town’s Representative. The Town hereby designates Dan Barros, City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“Town’s Representative”). Town’s Representative shall have the power to act on behalf of the Town for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the Town’s Representative or his or her designee.
3.3.5 Contractor’s Representative. Contractor hereby designates [INSERT NAME OR TITLE], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, tec hniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.6 Coordination of Services . Contractor agrees to work closely with Town staff in the performance of Services and shall be available to Town’s staff, consultants and other staff at all reasonable times.
3.3.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a Town Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the Town, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub- contractors who is determined by the Town to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Town, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 25977.00100\44226603.2
TOWN OF COLMA - 4 - MAINTENANCE SERVICES AGREEMENT
3.3.8 Period of Performance.
3.3.8.1 Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Town will suffer damage.
3.3.8.2 Neither Town nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeu re Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the Services, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subconsultants, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the Services and Agreement.
3.3.8.3 Should a Force Majeure Event occur, the non- performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Contractor to any additional compensation.
Notwithstanding the foregoing in this section, the Town may stil l terminate this Agreement in accordance with the termination provisions of this Agreement.
3.3.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the Town. If Contractor disputes the Town’s decision, Contractor shall have such remedies as may be provided by law.
3.3.10 Laws and Regulations; Employee/Labor Certifications.
3.3.10.1 Compliance with Laws . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and w ithout giving written notice to the Town, Contractor shall be solely responsible for all costs arising therefrom. Town is a public 25977.00100\44226603.2
TOWN OF COLMA - 5 - MAINTENANCE SERVICES AGREEMENT
entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8)
hour
s during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold Town , its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.3.10.2 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the Town or its representatives for inspection and copy at any time during normal business hours. The Town shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.3.10 or any of its sub-sections.
3.3.10.3 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.
3.3.10.4 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the Town to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3. 3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.3.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or 25977.00100\44226603.2
TOWN OF COLMA - 6 - MAINTENANCE SERVICES AGREEMENT
termination. Contractor shall also comply with all relevant provisions of Town’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.3.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed CARB including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available fo r inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, w ithout limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain Contractor shall be solely responsible for, and shall defend, indemnify, and hold harmless the Town, its officials, officers, employees, and authorized volunteers from and against, any and all claims, liabilities, fines, penalties, interest, damages, losses, or costs (including, without limitat ion, costs of compliance) imposed CARB or any other governmental or regulatory agency, arising out of or related to any violation or alleged violation of applicable laws, rules, regulations, or the CARB Regulations by Contractor, its subcontractors, or any other persons or entities for whom Contractor is responsible under this Agreement.
3.3.10.7 Water Quality.
(A) To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Colorado River Regional Water Quality Control Board; the Town’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or Town to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Town, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the Town, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and 25977.00100\44226603.2
TOWN OF COLMA - 7 - MAINTENANCE SERVICES AGREEMENT
subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Town , regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, Town will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.3.11 Insurance.
3.3.11.1 Time for Compliance. Contractor shall not commence Services under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Town that the subcontractor has secured all insurance required under this Section.
3.3.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the Town. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the Town evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance 25977.00100\44226603.2
TOWN OF COLMA - 8 - MAINTENANCE SERVICES AGREEMENT
company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the Town has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Town will be promptly reimbursed by Contractor or the Town may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the Town may suspend or terminate this Agreement.
(D) Additional Insured . The Town, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.3.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the Town to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the Town of Colma, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the Town, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the Town, before the Town’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the Town, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor ’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the Town, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the Town, its direct ors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the Town, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the Town, its directors, officials, 25977.00100\44226603.2
TOWN OF COLMA - 9 - MAINTENANCE SERVICES AGREEMENT
officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the Town; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Town, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Town, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.3.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Town, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the Town , its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Town, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.3.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Town . Contractor shall guarantee that, at the option of the Town , either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Town, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.3.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the Town that they have secured all insurance required under this Section. If requested by Contractor , the Town may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the Town shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.3.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the Town.
3.3.11.8 Verification of Coverage. Contractor shall furnish Town with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the Town. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the Town if requested. All certificates and endorsements must be 25977.00100\44226603.2
TOWN OF COLMA - 10 - MAINTENANCE SERVICES AGREEMENT
received and approved by the Town before work commences. The Town reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.3.11.9 Reporting of Claims . Contractor shall report to the Town, in addition to Contractor’ s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.3.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3.13 Bonds.
3.3.13.1 Performance Bond. If required by law or otherwise specifically requested by Town in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Town concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the Town. If such bond is required, no payment will be made to Contractor until it has been received and approved by the Town.
3.3.13.2 Payment Bond . If required by law or otherwise specifically requested by Town in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Town concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the Town. If such bond is required, no payment will be made to Contractor until it has been received and approved by the Town.
3.3.13.3 Bond Provisions. Should, in Town’ s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from Town. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Town, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the Town . To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the Town, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Town. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the Town may terminate this Agreement for cause. 25977.00100\44226603.2
TOWN OF COLMA - 11 - MAINTENANCE SERVICES AGREEMENT
3.3.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the Town. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Town.
3.3.14 Work Site.
3.3.14.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.3.14.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the Town immediately and prior to performing any Services or altering the condition.
3.3.15 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by Town.
3.3.16 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Town of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Town in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the w ork (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any w ork so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the Town may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers 25977.00100\44226603.2
TOWN OF COLMA - 12 - MAINTENANCE SERVICES AGREEMENT
with respect to any portion of the work , whether express or implied, are deemed to be obtained by Contractor for the benefit of the Town , regardless of whether or not such warranties and guarantees have been transferred or assigned to the Town by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Town. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Town, the Town shall have the right to correct and replace any defective or non- conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the Town for any expenses incurred hereunder upon demand.
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Town shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement . Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor ’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Town, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.4.2 Registration/DIR Compliance. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance 25977.00100\44226603.2
TOWN OF COLMA - 13 - MAINTENANCE SERVICES AGREEMENT
of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the Town. Contractor shall defend, indemnify and hold the Town, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Termination of Agreement.
3.5.1 Grounds for Termination. Town may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to Town, and Contractor shall be entitled to no further compensation. Contrac tor may not terminate this Agreement except for cause. The rights and remedies of the Town provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.
3.5.2 Effect of Termination. If this Agreement is terminated as provided herein, Town may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such doc ument and other information within fifteen (15) days of the request.
3.5.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, Town may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6 Indemnification.
3.6.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Town, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims ”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s S ervices, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the Town. 25977.00100\44226603.2
TOWN OF COLMA - 14 - MAINTENANCE SERVICES AGREEMENT
3.6.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Town’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against Town or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Town or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse Town for the cost of any settlement paid by Town or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Town’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse Town and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Town, its officials, employees, agents and volunteers.
3.7 General Provisions.
3.7.1 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of Town during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.7.2 Independent Contractors and Subcontracting.
3.7.2.1 Use of Contractors. Contractor is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court , 4 Cal. 5th 903 (2018). To ensure that Contractor is in compliance with the California Labor Code, Contractor shall only utilize its employees to provide the Services. Contractor may not provide the services through any independent contractor, subcontractor or subconsultant (“Subcontractor(s)”) unless approved by the Town as set forth in Section 3.7.2.2 below. Contractor represents and warrants that all personnel who perform the Services on Contractor’s behalf are Contractor’s employees, and that Contractor complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.
3.7.2.2 Prior Approval Required. Contractor shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of Town. In the event that Town authorizes Contractor to use a Subcontractor, Contractor shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the Town’s prior written consent.
3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
25977.00100\44226603.2
TOWN OF COLMA - 15 - MAINTENANCE SERVICES AGREEMENT
Contractor:
[INSERT NAME, ADDRESS & CONTACT PERSON]
Town:
Town of Colma
1198 El Camino Real,
Colma, CA 94014
Attn: Dan Barros, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.
3.7.4 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Mateo County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Town. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Town.
3.7.5 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.7.6 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.7.7 Town’s Right to Employ Other Contractors. Town reserves right to employ other contractors in connection with this Project.
3.7.8 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.7.9 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Town. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work 25977.00100\44226603.2
TOWN OF COLMA - 16 - MAINTENANCE SERVICES AGREEMENT
days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to Town include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augm ent, or describe the scope, content or intent of this Agreement.
3.7.11 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.7.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.7.13 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.7.14 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.7.15 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the Town’ s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, Town shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Town, during the term of his or her service with Town, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.7.16 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.7.17 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.7.18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7.19 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, 25977.00100\44226603.2
TOWN OF COLMA - 17 - MAINTENANCE SERVICES AGREEMENT
understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.7.20 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES NEXT PAGE]
25977.00100\44226603.2
TOWN OF COLMA - 18 - MAINTENANCE SERVICES AGREEMENT
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE TOWN OF COLMA
AND ARBORICULTURAL SPECIALTIES, INC., DBA THE PROFESSIONAL TREE CARE
COMPANY
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the [__] day of October, 2025.
TOWN OF COLMA
Approved:
By:
DAN BARROS
City Manager
ATTESTED:
By:_______________________________
Town Clerk
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
City Attorney
ARBORICULTURAL SPECIALTIES, INC., a
California corporation
By:
Its:
Printed Name:
By:
Its:
Printed Name:_________________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
25977.00100\44226603.2
TOWN OF COLMA Exhibit A-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall provide the following Scope of Services, including but not limited to:
1. Tree Crew Services
2. Tree Pruning
3. Tree Removal
4. Tree Planting
5. Stump Removal
6. Small Tree Care
7. Palm Trunk Skinning and Pruning
8. O ther pruning services as requested and directed by the City Manager and/or Public Works Supervisor, or their designee(s).
Contractor shall be compensated as set by the terms provided for in Exhibit C “Schedule of Services”.
25977.00100\44226603.2
TOWN OF COLMA Exhibit B-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “B”
SCHEDULE OF SERVICES
[INTENTIONALLY OMITTED]
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “C”
COMPENSATION
Contractor will invoice Town on a monthly basis for services performed. Contractor shall include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Contractor will inform Town regarding any out-of-scope work being performed by Contractor.
Contractor shall be compensated monthly on a time- and-materials basis per the rate schedule below. Fees will be billed based on actual hours requested and approved by the City. City shall not pay Contractor for any incidentals (including but not limited to meals, travel expenses, etc.).
Task Estimated
Quantity of
Workers per
Task
Hourly Standard
Rate per Worker
Hourly
Overtime
Rate per
Worker*
Tree Crew Services 3 $87.00 $105.00
Tree Pruning 2 $87.00 $105.00
Tree Removal 3 $87.00 $105.00
Tree Planting 2 $87.00 $105.00
Stump Removal 2 $87.00 $105.00
Small Tree Care 2 $87.00 $105.00
Palm Trunk Skinning and
Pruning
2 $87.00 $105.00
Rates for Additional Worker(s), as requested and approved by the City or Equipment Not Specified Above:
Worker/Equipment Standard Rate per
Hour
Overtime Rate per
Hour*
Laborer $87.00 $105.00
Equipment Engineer $95.00 $115.00
Arborist $125.00 $150.00
15 Ton Crane $125.00
23/28 Ton Crane $190.00
40 Ton Crane $220.00
70 Ton Crane $230.00
110 Ton Crane $400.00
307 Excavator $100.00
320 Excavator $125.00
330 Excavator $200.00
299 Skid Steer $100.00
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-2 MAINTENANCE SERVICES AGREEMENT
518 CAT Skidder $125.00
D4 Dozier w/ Six Way Blade $150.00
D6 Dozer/Skidder w/w inch $150.00
Ten Wheel Truck $75.00
Water Truck $50.00
Chip Van $50.00
Bucket Truck $50.00
Chipper Truck $25.00
Rayco Stump Grinder $175.00
60TX Stump Grinder $175.00
CAT 320 Log Loader $150.00
Feller Buncher $150.00
Sennebogen 1718 $300.00
Morbark 30/36 Wheeled Chipper $200.00
Morbark 30/36 Track Chipper $225.00
*The overtime rate applies to work performed outside of regular business hours or work performed in excess of eight (8) hours in a day. Regular business hours will be Monday to Friday, 8:30AM to 5:00PM.
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-3 MAINTENANCE SERVICES AGREEMENT
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Town of Colma (hereinafter referred to as “Town”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the contract documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Town in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Town, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Town, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Town from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfull y fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Town’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the Town to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Town’s option:
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-4 MAINTENANCE SERVICES AGREEMENT
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Town, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount previously paid by the Town to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Town to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Town under the Contract and any modification thereto, less any amount pr eviously paid by the Town to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the Town may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Town, when declaring the Contractor in default, notifies Surety of the Town’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-5 MAINTENANCE SERVICES AGREEMENT
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-6 MAINTENANCE SERVICES AGREEMENT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
I I
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-7 MAINTENANCE SERVICES AGREEMENT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
THAT WHEREAS, the Town of Colma (hereinafter referred to as “Town”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the contract documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Town in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials , provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 25977.00100\44226603.2
TOWN OF COLMA Exhibit C-8 MAINTENANCE SERVICES AGREEMENT
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Town and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Suret y does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
25977.00100\44226603.2
TOWN OF COLMA Exhibit C-9 MAINTENANCE SERVICES AGREEMENT
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
I I
25977.00100\44226603.2
TOWN OF COLMA Exhibit D-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “D”
FEDERAL CONTRACT PROVISIONS
[INTENTIONALLY OMITTED]
25977.00100\44226603.2
TOWN OF COLMA Exhibit E-1 MAINTENANCE SERVICES AGREEMENT
EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public - Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor:____________________
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” I
- - - -
• JI.• 4 II
6.N. - Page 1 of 16
Redwood
City1���
DATE: June 9, 2025
SUBJECT
STAFF REPORT
To the Honorable Mayor and City Council
From the City Manager
Agreement for Services with Arboricultural Specialties, Inc. dba The Professional Tree Care Company for comprehensive street tree maintenance services
RECOMMENDATION
By motion, approve and authorize the City Manager to execute a one-year Agreement for Services with Arboricultural Specialties, Inc. dba The Professional Tree Care Company for comprehensive street tree maintenance in an amount not to exceed $200,000, including City Manager authority to extend the agreement for two additional two-year periods in an amount not to exceed $400,000 per extension for an aggregate total contract not-to-exceed amount of $1,000,000 through 2030.
STRATEGIC PLAN GUIDING PRINCIPLE
Excellence in Government Operations
BACKGROUND
The Public Works Services Department ("PWS") is responsible for the maintenance of approximately 32,000 trees in its urban forest. With such a large inventory of trees, the City periodically requires assistance from an outside contractor to support the maintenance efforts of the City's five tree staff members. Ongoing tree care, such as pruning and tree removal, is essential to protecting public safety and preventing any potential hazards.
ANALYSIS
On April 9, 2025, PWS released a Request for Proposals ("RFP") for comprehensive street tree maintenance services. The RFP was emailed to six potential firms and posted on the City's website and
City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org 158
ATTACHMENT B
6.N. - Page 2 of 16
The San Mateo Daily Journal. Staff received five proposals back from Rapid Response Force LLC, West Coast Tree Service, Inc., Arboricultural Specialties, Inc. dba The Professional Tree Care Company ("The Professional Tree Care Company"), Community Tree Service, LLC, and ACE Tree Enterprise, Inc.
Upon reviewing the proposals, staff believe that the proposed consultant, The Professional Tree Care Company, possesses the necessary expertise, experience, and staff resources to provide the City with reliable street tree maintenance services. The City has previously worked with this consultant and has had positive experiences with the quality of their work and responsiveness. Based on their qualifications and strong municipal references, staff recommends awarding a one-year agreement to The Professional Tree Care Company for comprehensive street tree maintenance services. Services will be rendered upon City request and billed monthly on a time-and -materials basis, using the consultant's hourly labor rate and material fees, in an amount not-to-exceed $200,000 over one year. Additionally, staff recommends authorizing the City Manager to extend the agreement for up to two additional two-year terms in an amount not to exceed $400,000 per extension, for an aggregate total contract not-to-exceed amount of $1,000,000 through 2030.
FISCAL IMPACT
The amount of $200,000 is available to allocate from the Public Works Services operating budgets.
ENVIRONMENTAL REVIEW
This activity is categorically exempt under California Environmental Quality Act (CEQA) Guidelines, section 15304 ("Minor Alterations to Land"), which allows for minor public alterations in the condition of vegetation that do not involve removal of healthy, mature, scenic trees.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
ALTERNATIVES
The City Council may elect not to award the Agreement for Services to Arboricultural Specialties, Inc. dba The Professional Tree Care Company and direct staff to issue a new solicitation.
ATTACHMENTS
Attachment A-Agreement for Services with Arboricultural Specialties, Inc. dba The Professional Tree Care Company
City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org 159
6.N. - Page 3 of 16
REPORT PREPARED BY:
Gloria Thet, Contract Management Analyst
gthet@redwoodcity .org
{650)780-7475
APPROVED BY:
Terence Kyaw, Public Works Director
Melissa Stevenson Diaz, City Manager
City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org 160
6.N. - Page 4 of 16 Attachment A
AGREEMENT FOR SERVICES
Arboricultural Specialties, Inc. dba The Professional Tree Care Company THIS AGREEMENT is made and entered into as of the __ day of _______ , 2025 (the "Effective Date"), by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("City"), and Arboricultural Specialties, Inc. dba The Professional Tree Care Company, a California corporation ("Consultant").
RECITALS
A. City requires the service of comprehensive street tree maintenance.
B. Consultant has the necessary experience in providing such services.
C. Selection of Consultant is expected to achieve the desired results in an expedited fashion.
D. Consultant has submitted a proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:
1. Scope of Work. City retains Consultant to perform, and Consultant agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated herein by reference. City will have the right to modify the scope of work to delete tasks in whole or in part. Any individuals listed as "Key Personnel" on Exhibit "A" will perform the roles ascribed to them in Exhibit "A". Consultant may not change the list of Key Personnel without the prior written consent of the City.
2. Standard of Performance. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the urban Northern California Area. Consultant will also use reasonable diligence and bestjudgmentwhile exercising its professional skill and expertise.
3. Term. Unless terminated earlier pursuant to Section 21, the term of this Agreement will be for a period of one (1) year from the Effective Date. The foregoing notwithstanding, continuation of the Agreement beyond the first year of the term is contingent upon the City Council appropriating necessary funds for this Agreement. The City Manager may amend the Agreement to extend it for two (2) additional two-year (2) year periods in an amount not to exceed Four Hundred Thousand Dollars ($400,000) per extension term. Any extension will require a written amendment executed by both parties indicating the effective date and length of the extended Agreement.
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties, Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 1 of 12) 161
6.N. - Page 5 of 16
4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", provided, that City, in its discretion, may grant reasonable extensions when performance of the Services is delayed due to unusually lengthy governmental reviews or other unexpected, unavoidable circumstances. Such circumstances will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees.
5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement.
6. Compensation. City will pay to Consultant a not-to-exceed amount of Two Hundred Thousand Dollars ($200,000) for the completion of all the work and services described herein, which sum will include all costs or expenses incurred by Consultant, payable as set forth in Exhibit "A". City will have the authority to withhold a 10% retention until it has accepted all of the Services as complete.
6.1. Consultant must submit applications for payment that contain the following:
6.1.1. A clear, detailed invoice reflecting Services for which Consultant is billing City;
6.1.2. A summary sheet showing hourly rates (if applicable);
6.1.3. Number of hours worked;
6.1.4. Percentage of Services completed to date;
6.1.5. Amount/percent billed to date;
6.1.6. Current status of all tasks within a project;
6.1. 7. Any backup documentation reasonably necessary to substantiate the preceding items; and
6.1.8. Any changes to the anticipated work schedule.
6.2. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its officers, agents, employees, consultants, or subcontractors (collectively, "Consultant Personnel").
City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or any Consultant Personnel.
Consultant agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City makes on behalf of Consultant or any REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties , Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 2 of 12) 162
6.N. - Page 6 of 16
Consultant Personnel for work done under this Agreement. At the City's election, City may deduct the reimbursable amount from any balance owing to Consultant.
7. Status of Consultant. Consultant will perform the Services as an independent contractor and not as an employee of City. The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes.
8. Labor Code Prevailing Wage. To the extent required by law, Consultant will comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and prevailing wages. When prevailing wage rules are applicable, the following provisions apply:
8.1. No less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the Services under this Agreement will be paid to all workers, laborers and mechanics employed in the execution of the Services by the Consultant or any subcontractor doing or contracting to do any part of the Services.
8.2. The appropriate determination of the Director of the California Department of Industrial Relations will be filed with and available for inspection at City offices.
8.3. Consultant will post, at each job site, a copy of the prevailing rate of per diem wages.
8.4. The Consultant will forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Consultant.
9. Subcontracting. Consultant will not subcontract any portion of the Services without prior written approval of the City Manager or their designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the subcontractor's acts and omissions as Consultant is for the acts and omissions of persons directly employed by Consultant. Such responsibility will include responsibility for the acts and omissions of the subcontractor's officers, employees, consultants, subcontractors, and agents. Nothing contained in this Agreement will create any contractual relationship between City and any subcontractor, and Consultant will be responsible for paying subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement that bind Consultant unless specifically noted to the contrary in the subcontract and approved in writing by the City Manager or their designee.
10. Other Consultants. City reserves the right to employ other consultants in connection with the Services.
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties, Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 3 of 12) 163
6.N. - Page 7 of 16
11. Indemnification.
11.1 Consultant will defend, indemnify and hold harmless (collectively "Indemnify") City and its officers, boards and commissions, agents, employees and volunteers (collectively "lndemnitees") from and against all claims, damages, losses and expenses including attorney fees (collectively "Losses") arising out of the performance of the Services, caused or claimed to be caused by the acts, errors and/or omissions of Consultant, or any Consultant Personnel or anyone for whose acts any of them may be liable (collectively, "Responsible Parties").
Consultant's responsibilities under this Section 11 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of City, which may be in combination with the acts or omissions of any Responsible Party, provided that Consultant's duty to Indemnify will not include any Losses arising from the sole negligence or willful misconduct of City.
11.2. Notwithstanding Consultant's obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Consultant, if City chooses to do so.
11.3. Consultant agrees to pay any and all costs City incurs enforcing the provisions set forth in this Section 11.
11.4. Subsection 11.1 notwithstanding, in accordance with California Civil Code Section 1668, as amended, nothing in this Agreement will be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law.
11.5. Nothing contained in this Agreement will be construed to require Consultant to Indemnify lndemnitees against any responsibility or liability in contravention of California Civil Code Section 2782.8, as amended. To the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as amended, such duties of Consultant to indemnify will not apply when to do so would be prohibited by California Civil Code Section 2782 as amended.
11.6. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation plan is included as a loss, expense or cost for the purposes of this Section 11.
11. 7. Acceptance by City of Consultant's services and duties will not operate as a waiver of City's rights under this Section 11.
11.8. The parties expressly agree that this Section 11 will survive the expiration or early termination of the Agreement.
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties, Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 4 of 12) 164
6.N. - Page 8 of 16
12. Insurance. Consultant will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant's agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an AM. Best rating of not less than "A-: VII".
12.1. Coverages and Limits. Consultant, at its sole expense, will maintain the types of coverages and minimum limits indicated below. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement.
12.1.1. Commercial General Liability Insurance. Consultant will maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy will be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City.
12.1.2. Business Automobile Liability Insurance. Consultant will maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non-owned automobiles. For on-call services agreements, the Business Automobile Liability insurance policy will be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City.
12.1.3. Workers' Compensation Insurance and Employer's Liability Insurance. Consultant will maintain coverage with limits not less than $1 ,000,000 per each accident for bodily injury or disease, and as required by the California Labor Code. The Workers' Compensation policy will contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees and volunteers.
12.1.4. Professional Liability Insurance. Consultant will maintain coverage with limits not less than $1,000,000 per occurrence. Professional Liability may be written as claims-made coverage.
12.2. Notice of Cancellation. This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without Consultant providing thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement.
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties , Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 5 of 12) 165
6.N. - Page 9 of 16
12.3. Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Consultant will provide to City certificates of insurance and above-referenced endorsements sufficient to satisfaction of City's Risk Manager. In no event will Consultant commence any work or provide any Services under this Agreement until certificates of insurance and endorsements have been accepted by City's Risk Manager.
12.4. Failure to Maintain Coverage. If Consultant fails to comply with these insurance requirements, then City will have the option to declare Consultant in breach.
12.5. Submission of Insurance Policies. City reserves the right to require, at any time, complete copies of any or all required insurance policies and endorsements.
13. Business License. Consultant will obtain and maintain a City of Redwood City Business License for the term of the Agreement, including any extension terms.
14. Ownership of Documents. If Exhibit "A" or any task order or purchase order under this Agreement lists a document, report, or other material as an item to be provided by Consultant to City (a "Deliverable"), such Deliverable will be and remain the property of City. Consultant will provide a copy of all Deliverables to City in their native format.
Consultant may retain one copy of any Deliverable for its internal records, but it may not use a Deliverable for any other purpose without the prior written consent of City. Any reports and other material prepared by or on behalf of Consultant under this Agreement that are not Deliverables (collectively, the "Consultant Documents") will be and remain the property of Consultant. City may request copies of Consultant Documents, and to the extent Consultant agrees to provide copies of such Consultant Documents, they may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem appropriate without further employment of or payment of any compensation to Consultant.
15. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable.
Such records will not be Deliverables prepared for City and will be Consultant Documents for purposes of this Agreement. Nothing herein will convert such records into public records, and they will be available only to City and any specified public agencies.
Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow City to inspect of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
16. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in City, and Consultant relinquishes all claims to the copyrights in favor of City.
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties, Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 6 of 12) 166
6.N. - Page 10 of 16
17. Notices. The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Consultant under this Agreement.
For City:
City of Redwood City
Attention: Public Works Superintendent
1400 Broadway
Redwood City, CA 94063
(650) 780-7000
For Consultant:
Arboricultural Specialties, Inc. dba The
Professional Tree Care Company
Attention: Justin Park, Bid Coordinator
2828 Eighth Street
Berkeley, CA 94 710
(510) 549-3954
Except as otherwise stated, all notices provided under this Agreement must be in writing and delivered by regular and certified mail. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address.
18. Conflict of Interest. If disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Consultant or any Consultant Personnel, Consultant or Consultant Personnel will complete and file with the City Clerk the Statement of Economic Interests Form 700.
Consultant, for Consultant and on behalf of all Consultant Personnel, warrants by execution of this Agreement that they have no interest, present or contemplated, in the projects affected by this Agreement. Consultant further warrants that neither Consultant, nor any Consultant Personnel have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with City an affidavit disclosing this interest.
19. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Services with all applicable laws, ordinances and regulations.
20. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
21. Termination.
21.1. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement.
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties, Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 7 of 12) 167
6.N. - Page 11 of 16
21.2. If Consultant fails or refuses to perform any of the provIsIons of this Agreement, and if Consultant does not cure the default within five (5) days of the City providing a written notice specifying the nature of the default, City may terminate this Agreement immediately by giving written notice to Consultant.
21.3. If City materially fails or refuses to perform any of the provisions of this Agreement, and if City does not cure the default within thirty (30) days of Consultant providing a written notice specifying the nature of the default, Consultant may terminate this Agreement immediately by giving written notice to City.
21.4. Within ten (10) days of termination pursuant to this Section 21 or of the natural expiration of this Agreement, Consultant will assemble any Deliverables without charge and put it in order for proper filing and closing and deliver it to City.
Consultant will be paid for work performed up to the termination date; however, the total will not exceed the amount payable under this Agreement. City will determine the final payment amount based upon the value of the work product delivered to City and the percentage of the Services performed.
22. Covenants against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
23. Claims and Lawsuits. Consultant acknowledges that if a false claim is submitted to City by Consultant, Consultant may be subject to criminal prosecution for fraud.
Consultant also acknowledges that California Government Code sections 12650 et seq. (the False Claims Act), as amended, applies to this Agreement and provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding. As a result of such proceeding, Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges that disbarment by another jurisdiction is grounds for City to terminate this Agreement.
24. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties, Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 8 of 12) 168
6.N. - Page 12 of 16
be tried in a court of competent jurisdiction in the County of San Mateo, State of California.
The Parties waive all provisions of law providing for a change of venue in these proceedings to any other county.
25. Successors and Assigns. This Agreement will be binding upon the Parties and their respective successors and assigns. Consultant may not assign this Agreement, nor any part of it, nor any monies due or to become due under it without the prior written consent of City, which City may withhold in its sole discretion.
26. Paragraph Headings. Headings in this Agreement are for convenience only and are not part of any provision in this Agreement. No heading will be construed to change the meaning of any provision.
27. Entire Agreement: Conflicts. This Agreement, together with any other written document referred to or contemplated by it, along with any purchase order or task order for this Agreement, embodies the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede any purchase order or task order and any other attachment or exhibit.
28. Amendments. This Agreement may only be amended, modified, waived or discharged in a writing signed by both Parties.
29. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.
30. Electronic Signatures. If all Parties agree, electronic signatures may be used in place of original signatures on this Agreement. Each Party intends to be bound by the signatures on the electronic document, is aware that the other Parties will rely on the electronic signatures, and hereby waives any defenses to the enforcement of the terms of this Agreement based on the use of an electronic signature. After all Parties agree to the use of electronic signatures, all Parties must sign the document electronically. (Signature Page Follows)
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties , Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 9 of 12) 169
6.N. - Page 13 of 16
CITY:
ATTEST:
Yessika Castro, City Clerk
CONSULTANT:
*By:~-----------
Printed Name: Justin Park
Title: Bid Coordinator
City of Redwood City,
1017 Middlefield Road
Redwood City, CA 94063
By: -----------
Melissa Stevenson Diaz, City Manager
Arboricultural Specialties, Inc.
2828 Eighth St
Berkeley, CA 94 710
**By: --------------
Printed Name: ----------
Title: --------------
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation , Agreement must be signed by one corporate officer from each of the following two groups. *Group A.
Chairman,
President, or
Vice-President
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise , the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation .
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties , Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 1 D of 12) 170
6.N. - Page 14 of 16
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Consultant shall provide tree crew services, tree pruning, tree removal, tree planting, stump removal, small tree care, and palm trunk skinning and pruning services as requested and directed by the Public Works Superintendent and/or Supervisor.
Consultant shall be compensated monthly on a time-and-materials basis per the rate schedule below. Fees will be billed based on actual hours requested and approved by the City. City shall not pay Consultant for any incidentals including but not limited to meals, travel expenses, etc.
Task Estimated Hourly Standard Hourly
Quantity of Rate per Worker Overtime
Workers per Rate per
Task Worker*
Tree Crew Services 3 $87.00 $105.00
Tree Pruning 2 $87.00 $105.00
Tree Removal 3 $87.00 $105.00
Tree Planting 2 $87.00 $105.00
Stump Removal 2 $87.00 $105.00
Small Tree Care 2 $87.00 $105.00
Palm Trunk Skinning and 2 $87.00 $105.00
Pruning
Rates for Additional Worker(s), as requested and approved by the City or Equipment Not Specified Above:
Worker/Equipment Standard Rate per Overtime Rate per
Hour Hour*
Laborer $87.00 $105.00
Equipment Engineer $95.00 $115.00
Arborist $125.00 $150.00
15 Ton Crane $125.00 -
23/28 Ton Crane $190.00 -
40 Ton Crane $220.00 -
70 Ton Crane $230.00 -
110 Ton Crane $400.00 -
307 Excavator $100.00 -
320 Excavator $125.00
330 Excavator $200.00
299 Skid Steer $100.00 -
518 CAT Skidder $125.00 -
D4 Dozier w/ Six Way Blade $150.00 -
D6 Dozer/Skidder w/w inch $150.00 -
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties , Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 11 of 12) 171
6.N. - Page 15 of 16
Ten Wheel Truck $75.00 -
Water Truck $50.00 -
Chip Van $50.00 -
Bucket Truck $50.00 -
Chipper Truck $25.00 -
Rayco Stump Grinder $175.00 -
60TX Stump Grinder $175.00 -
CAT 320 Log Loader $150.00 -
Feller Buncher $150.00 -
Senneboqen 1718 $300.00 -
Morbark 30/36 Wheeled Chipper $200.00 -
Morbark 30/36 Track Chipper $225.00 -
*The overtime rate applies to work performed outside of regular business hours or work performed in excess of eight (8) hours in a day. Regular business hours will be Monday to Friday, 8:30AM to 5:00PM.
REV: 05-23-25 LF
ATTY/AGR.2025 .123/Arboricultural Specialties , Inc. dba The Professional Tree Care Company (Agreement for Services) (Page 12 of 12) 172
6.N. - Page 16 of 16
Agreement for Services with Arboricultural
Specialties, Inc. dba The Professional Tree
Care Company
Interim Agreement Report
Created:
By:
Status:
Transaction ID:
Agreement History
2025-05-27
PWS-Gloria Thet (gthet@redwoodcity .org)
Out for Approval
CBJCHBCAABAA9q6uSzAGj8NxrOUN2UWNXZez39Vlu2MO
2025-05-27
Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature. A final audit report will be generated when the agreement is complete .
"Agreement for Services with Arboricultural Specialties, Inc. dba The Professional Tree Care Company" History
~ Document created by PWS-Gloria Thet ([email protected]) 2025-05-27 - 2:11 :15 PM GMT- IP address: 76.14.0.190
181.. Document emailed to Justin Park [email protected]) for signature 2025-05-27 - 2:15:28 PM GMT
~ Email viewed by Justin Park [email protected]) 2025-05-27 - 2:21 :49 PM GMT- IP address: 104.47.59.254 @o Document e-signed by Justin Park [email protected]) Signature Date: 2025-05-27- 3:52:52 PM GMT - Time Source: server- IP address: 50.224.242.126 181.. Document emailed to PWS-Gloria Thet (gthet@redwoodcity .org) for approval 2025-05-27 - 3:52:54 PM GMT
CITY OF REDWOOD CITY, CALIFORNIA
PUBLIC WORKS SERVICES DEPARTMENT
Request for Proposal (RFP)
COMPREHENSIVE STREET TREE MAINTENANCE SERVICES
ISS
UED ON:
April 9, 2025
PROPOSALS DUE:
Wednesday, April 30, 2025, AT 3 PM Pacific Time
Late proposals will not be accepted.
CONTACT:
Lily Ng
Management Analyst II
(650) 780-5971
[email protected]
ATTACHMENT C
Redwood Cl•ty I California Founded 1867
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 2 OF 35 SECTION I. INTRODUCTION
Th
e City of Redwood City is requesting proposals from qualified firms to provide comprehensive street tree maintenance, removal, and replacement services to the Public Works Services Department . All necessary fuel, equipment, materials, insurances, and personnel should be included in the proposal.
Copies of this Request for Proposal are available online at http://www.redwoodcity.org/business/bids- proposals. All addenda related to this procurement will be posted online to the City’s website.
SECTION II. DEFINITIONS
The
following definitions shall apply to this Request for Proposals and its attachments.
Term Definition
Proposer; Consultant;
Firm
Any person or company submitting a proposal in response to this Request for Proposal
City City of Redwood City
City Council City Council for the City of Redwood City
RFP This Request for Proposal for Comprehensive Street Tree Maintenance Services
PWS City of Redwood City, Public Works Services Department Successful Proposer The Proposer that is selected by the City of Redwood City through this Request for Proposal process to supply the services specified in the Scope of Services herein
SECTION III. ATTACHMENTS
The
attachments below are included with this RFP.
• Attachment A – Proposal Pricing Form
• Attachment B - List of Independent Contractor(s), Subcontractor(s) OR Sub-consultant(s), i.e. “Other Contractor”
• Attachment C – Reference List
• Attachment D - Sample Agreement for Services
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 3 OF 35
SECTION IV. TIMELINE
Action Date
RFP Release Date April 9, 2025
Deadline for questions / clarifications April 16, 2025 at 3 PM Answers to questions released By April 23, 2025
Proposal Submittal Deadline Wednesday, April 30, 2025 at 3 PM Pacific Time Interviews (at discretion of City) Week of May 5, 2025
Successful Proposer Notification* May 2025
Contract Award* June 2025
Estimated Time to Begin Work* July 2025
* Tentative dates
SECTION V. INSTRUCTIONS TO PROPOSERS
A. EXAMINATION OF PROPOSAL DOCUMENTS
Before submitting a proposal, Proposers should read this RFP carefully and inform themselves completely of all details outlined herein. The submission of a proposal shall be deemed a representation and certification by the Proposer that:
• Proposer has carefully read and fully understands the information provided by the City to serve as the basis for submission of the proposal; • Proposer has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted; • All information contained in the proposal is true and correct; • Proposer did not, in any way, collude , conspire, or agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of the proposal; and
• Proposer acknowledges that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, Proposer grants the City permission to make these inquiries, and Proposer will provide any and all related documentation in a timely manner.
No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed to any fact or condition.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 4 OF 35
B. REQUIRED PROPOSAL SUBMISSION DOCUMENTS
As a part of their proposal submission, Proposers shall submit the following documents.
Documents to Submit Comments
Pg. 1-20 of RFP
Proposal Pricing Form Must be filled out completely and signed List of Independent Contractor(s),
Subcontractor(s) or Sub-
consultant(s), i.e. “Other Contractor”
Must be filled out completely
Reference List Must be filled out completely
Sample Agreement for Services Include all pages – please do not fill in blank spaces.
Addenda, if any Must be signed
C. SUBMITTAL
Firms wishing to have their proposal considered for this project shall submit the following items below.
I. Firm Qualifications
A Statement of firm’s qualifications applicable to this project, including the following:
a. State of California Contractor’s License number and expiration date, C -27 & C61/D-49 and any other applicable licenses
b. Names, qualifications and proposed duties of all staff to be assigned to this project. The firm shall identify a full -time English speaking Site Supervisor or Foreman, who is an ISA Certified Arborist, capable of communicating with any City representative and who is authorized to act on behalf of the firm. Personnel must be qualified and trained in the tree maintenance industry. c. List of staff qualifications including but not limited to:
i. All Certified Arborists employed by the firm.
ii. Not required, but if available:
1. All Certified Treeworkers employed by the firm.
2. All Certified Urban Foresters and/or Municipal Arborists employed by the firm.
3. American Society of Consulting Arborists (ASCA) Registered Consulting Arborist employed by the firm to consult on tree health issues.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 5 OF 35 d. Describe at least three (3) similar Californi a public agency tree maintenance projects which have been completed within the last five (5) years. Each project shall be of comparable size and scope to this project. Descriptions of these projects and contact persons must be provided with proposal submission.
II. Insurance and Licensing
a. Affirmative statement of compliance with indemnity and insurance requirements set forth in attached Agreement for Services.
b. All licensing required to complete the work.
III. Services to be Performed
Include a description of the public right -of-way job site preparation. Describe how the job site is prepared using temporary signals, barriers, or other safeguards (at Consultant’s expense) for the prevention of accidents to the public or Consultant’s staff.
IV. Equipment
A complete list of machinery and equipment (excluding handheld equipment), including year, serial number and license number to be used for this project and all available equipment in reserve in case of breakdowns.
V. Quality Control Plan
a. A written description of methodology to be used for notifying residents prior to commencement of tree work (door hangers are permitted in the City). b. The methodology in which the firm will handle complaints from the public and damage to public and private property.
c. Effective means to correct problems.
d. The means the firm will use for completing the project.
VI. Employee Training
a. This may include items such as, but not limited to:
i. A written description of the firm’s internal tree maintenance and arboricultural training program.
ii. A written description of the firm’s safety training program, training resources utilized, initial training plan, and continuing training plan.
VII. Profile of Lawsuit, Litigation, Injury, or Fatality a. List any lawsuit or litigation and result of that action that is still pending or has occurred within the last five (5) years.
b. List all projects where claims or settlements were paid by the firm or its insurers within the last five (5) years.
c. List all work related injuries or fatalities in the last five (5) years.
VIII. Schedule of Compensation of Consultant by City
a. Provide pricing in Attachment A - Proposal Pricing Form. b. Attach pricing schedule(s) as described in Attachment A. c. Please note that this contract requires payment of prevailing wages.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 6 OF 35
D. PROPOSAL SUBMITTAL DEADLINE AND LOCATION
Proposals are due on or before Wednesday, April 30, 2025 at 3:00 PM Pacific Time. Proposer shall email one (1) electronic copy of its proposal to [email protected] with the subject “PROPOSAL FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES .” Proposer may contact the City to coordinate electronic submittal of large files.
Late proposals will not be considered.
E. WITHDRAWAL OF PROPOSALS
Any Proposer may withdraw his or her proposal by written request, addressed to the City contact specified in Section XV, at any time prior to the Proposal Submittal Deadline.
F. ORAL INTERVIEWS
Proposers may be required to participate in an oral interview. Not all Proposers will be asked to interview. The oral interview will be a panel comprised of members of the selection committee.
Proposers may only ask questions that are intended to clarify the questions to which they are being asked to respond. Each Proposer’s time slot for oral interviews will be determined randomly. Proposers who are selected shall make every effort to attend. If representatives of the City experience difficulty on the part of any Proposer in scheduling a time for the oral interview, it may result in disqualification from further consideration.
SECTION VI. SCOPE OF SERVICES
Consultant will furnish all labor, materials, and equipment necessary to provide comprehensive street tree maintenance services.
The City estimates it has approximately 32,000 street trees that comprise its urban forest. The purpose of these maintenance services is to provide the City of Redwood City with the best possible tree care to maintain the City’s urban forest at a level expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with City staff to ensure the most appropriate care.
I. PROJECT SPECIFICATIONS
It shall be understood that the Consultant will be required to perform and complete the proposed tree maintenance work in a t horough and professional manner and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 7 OF 35
meet the City’s requirements. Consultant will have equipment in reserve for use when there are breakdowns.
For all tasks requested by the City , the firm shall have work crews on site that are represented by an English-speaking supervisor or foreman who is an ISA Certified Arborist and can receive and carry out instructions given by City employees and act on behalf of the firm.
Consultant must be able to perform all of the following tree maintenance services at various sites throughout the City. If a contract is awarded, i t will be at the City’ s discretion which services will be required for the Consultant to perform.
1. Tree crew services
2. Tree pruning
3. Tree removal
4. Tree planting
5. Stump removal
6. Small tree care
7. Palm trunk skinning and pruning
II. PROJECT SPECIAL PROVISIONS
A. Definitions
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of similar import are used, it shall be understood that the direction, requirement, permission, approval or acceptance by the City of Redwood City is intended unless othe rwise stated. As used herein, “provide” shall be understood to mean “provide complete”, in total. The word “site” as used hereinafter shall be understood to mean the location receiving the service. The use of the word “Consultant” shall be held to mean the Consultant and/or any person employed by them and working under this contract.
B. Work Quality
All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed and shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture. The Consultant shall also meet the requirements of the American National Standards, Z133 , entitled "Safety Requirements for Arboricultural Operations," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018.
The City’s Tree Maintenance Leader and/or other authorized City staff shall determine if the Consultant has met all pruning requirements, and payment shall not be made for pruning that is not in accordance with the above standards. The Consultant shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 8 OF 35 C. Standards
Prior to beginning the work, the Consultant shall review with the City’s Tree Maintenance Leader and/or other authorized City staff various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree pruning shall include, but is not be limited to, accepted pruning activities.
If requested, tree pruning operations shall commence no earlier than 7:00 AM and shall be completed each day no later than 4:00 PM, unless otherwise requested and authorized by City staff. The City expects that the Consultant will work on an as -needed basis to perform tree work, generally on a block by block basis. At the end of each work day, Consultant shall submit to City a list of locations and work performed during the work day via electronic transmission.
Limbs two inch (2”) in diameter or greater shall be precut to prevent splitting. When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1’) to two feet (2’) from the crotch. The undercut should be at least one third (⅓) of the diameter. Make the second cut one -inch (1”) to three inches (3”) further from the crotch than the first. The final cut is made at the crotch in a manner to favor the earliest possible c overing of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one half inches (3½”) or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Consultant's expense and to the satisfaction of the City‘s Tree Maintenance Leader and/or other authorized City staff. All debris resulting from tree pruning operations shall be removed from the work si te on a daily basis. Firewood - sized wood shall be stacked neatly and safely on -site for use by Redwood City residents. All state or county quarantine regulations shall be followed for wood disposal as required.
Permission may be given to the Consultant, at the City’s discretion, to dispose of clean woodchips at a City facility at no additional cost to the City.
On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily.
Consultant shall be responsible for any damage to public and/or private property as a result of their work. If complaints are received related to their work, Consultant must inform the City within the same business day.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 9 OF 35
D. Tasks
Consultant shall provide the following tasks on an as-needed basis as requested by the City.
i. Tree Crew Services
If requested by the City, Consultant will be required to provide a crew. The amount and specific working days shall be approved in advance by the City, and Consultant must be able to assign a crew within two weeks of a City’s request. If assigned working days, Consultant will be working a minimum of eight hours per day. This three-person crew will be comprised of a lead, climber, and ground sman. The City’s Tree Maintenance Leader and/or other authorized City staff will assign work to the crew, which is expected to be primarily tree pruning, but any other maintenance activities described i n this RFP may also be assigned.
These services must include at least one English speaking Site Supervisor or Foreman, who is an ISA Certified Arborist, capable of communicating with any City representative and who is authorized to act on behalf of the firm. This task does NOT include any work that requires crane or stump removal equipment.
ii. Tree Pruning
Pruning will include structural pruning, crown raising, and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. a. Consultant shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements.
b. Consultant shall provide and post “No P arking” signs forty-eight (48) hours in advance of the work.
c. Consultant shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English -speaking supervisor or foreman in tree maintenance operations. The Consultant shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Consultant shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
d. Consultant shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Consultant’s personnel or others near the work site, work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location , and the City is responsib le for appropriate notification of Underground Service Alert (USA). e. No hooks, gaffs, spurs or climbers will be used for anything other than removals.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 10 OF 35
f. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
g. When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be cleaned after each cut with alcohol or bleach. h. Topping shall not be done unless specifically requested by the City. i. The specific techniques employed shall be consistent with ISA A300 standards and ISA's Best Management Practices for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made so that wound closure can readily start under normal conditions. All limbs 2” or greater shall be made with proper pruning cuts to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
j. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen (15%) percent but no more than thirty (30%) percent.
k. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed.
l. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
m. Heading cuts and/or topping will not be allowed unless specifically requested by the City.
n. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.
iii. Pruning for Traffic Clearances
Tree pruning for traffic clearances shall provide clearances of at least fourteen (14’) feet above finish grade for moving vehicles within the traveled roadway, and eight (8’) for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under “Pruning to Raise.” Clearance trims are performed on a grid system or on a street-by-street basis. Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City‘s Tree Maintenance Leader and/or other authorized City staff and conform to the following:
a. The minimum clearance under trees within the street right -of-way shall be fourteen (14’) feet over the traveled road, and eight feet (8’) over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 11 OF 35 b. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.
c. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed. iv. Pruning Palm Trees
Palm tree pruning shall consist of the removal of all dead fronds, fruit clusters and other vegetation from the trunks of palms in a manner selected by the Consultant and approved by the City ‘s Tree Maintenance Leader and/or other authorized City staff, and in accordance the following:
a. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City‘s Tree Maintenance Leader and/or other authorized City staff. The Consultant shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning City Palm trees. b. Palm Skinning - Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty -four to thirty -six (24” – 36”) inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18”) inches but no greater than thirty-six (36”) inches.
v. Safety Pruning
Removal of deadwood, hangers, structurally unsound limbs, and other safety related conditions, as well as traffic clearance pruning over the sidewalk and roadway. vi. Tree Removals
City prepares a list of trees to be removed, marks trees, notifies homeowners, and submits lists to Consultant. Consultant crew shall remove the tree, which may require the use of a crane, and hauls all debris. Consultant crew grinds stumps to a depth of eighteen (18”) inches. All holes will be backfilled , as well as all debris cleaned up and hauled away. The City‘s Tree Maintenance Leader and/or other authorized City staff shall make the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in go od workmanlike manner in accordance with the standards of the arboricultural profession.
All wood from removed trees is the property of the City and shall be disposed of at the direction of the City‘s Tree Maintenance Leader and/or other authorized City staff. No wood shall be left along public right -of-way unless approved by the City‘s Tree Maintenance Leader and/or other authorized City staff. If approved by City staff, firewood- sized wood shall be stacked neatly and safely on -site for use by Redwood City residents.
All State or county Quarantine regulations shall be followed for wood disposal as required.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 12 OF 35 Permission may be given to the Consultant, at the City’s discretion, to dispose of clean woodchips at a City facility at no additional cost to the City. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are t o be covered while transported and hauled to the disposal site during the workday.
The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Consultant. The Consultant shall be required to call Underground Service Alert (USA) at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Consultant shall grind the stump a minimum distance of one and a half (1½’) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.
Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2”) inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicle for disposal. Any damaged paved surfaces shall be restored to their original condition.
vii. Tree Planting
City will supply trees, stakes and ties . Consultant crew shall provide planting and installation. Tree planting to be completed as directed by City staff. Consultant will guarantee the quality of the installation workmanship.
a. Consultant shall provide all equipment, labor and materials necessary for the planting of trees throughout the City in accordance with the specifications herein. b. Consultant shall be responsible for marking locations and will notify Underground Service Alert (USA) prior to planting.
c. Planting pit shall be dug twice the width and the same depth of the root ball. Before placing the tree in the planting pit Consultant shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
d. Tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of the surrounding finish grade. The top of the root ball shall be level or slightly higher than the surrounding soil.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 13 OF 35
e. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it’s put into the hole. f. Trees that are planted in parkways shall have a 4”-6” high water retention basin built around the tree capable of holding at least ten (10) gallons of water. In a concrete tree well, soil should be raked against the edge of the concrete to create a sloping basin.
Immediately after planting, the tree shall be watered tho roughly by filling the water retention basin twice.
g. All trees shall be staked with two wooden lodge poles and two ties per pole. Minimum size of lodge poles shall be eight (8’) feet long, with a one and a half (1½”) inch diameter. Tree ties shall be placed at one third (⅓”) and two -thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driv en into the ground approximately twenty-four to thirty (24”-30”) inches below grade. h. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
viii. Stump Removal
Consultant crew grinds stumps to a depth of eighteen (18”) inches. Consultant shall backfill all holes and clean up and haul away all debris.
The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Consultant. The Consultant shall be required to call Underground Alert at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Consultant shall grind the stump a minimum distance of one and a half (1½’) feet either side of the outer circumfer ence of the stump, or until surface roots are no longer encountered.
Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2”) inches above normal ground level. Consultant shall remove a ll excess routing chips and load them into a transport vehicle for disposal at a designated City facility. Consultant shall be responsible for any damaged paved surface.
ix. Small Tree Care
The City requires an active approach to the care of its young and newly planted trees. The Consultant shall be required to perform basic maintenance that will include , but not be limited to , tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 14 OF 35
E. Work Updates
Consultant shall provide to the City daily updates of what work has been completed or any issues that arise.
F. Traffic Control
At all times while this contract is in effect, Consultant shall refer to the Manual on Uniform Traffic Control Devices which conforms to all City Traffic Safety requirements and operating rules.
Consultant will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use.
Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety.
G. Public Noticing of Tree Pruning Operations
Consultant shall post City approved “No Parking” signs in the work area immediately adjacent to the individual trees scheduled for pruning seventy -two (72) hours prior to the work being performed.
H. Quality Control Plan
Consultant should have a Quality Control Plan with an effective and efficient means of identifying and correcting problems for the entire scope of operations and Term of the contract.
The successful Consultant shall be required to comply with this quality control throughout the term of the contract. Consultant shall have a current Safety Manual that meets SB 198 requirements for injury and illness prevention.
I. Clean-Up
Consultant shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets.
Each day’s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight.
The City‘s Tree Maintenance Leader and/or other authorized City staff shall be the sole judge as to the adequacy of the clean-up.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 15 OF 35 J. Inspections
The City ‘s Tree Maintenance Leader and/or other authorized City staff, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character o f materials and equipment used and employed in the work.
K. Additional Work
Additional work may be added to the contract work as the need arises. The Consultant shall perform all specified and City approved additional work at the unit prices submitted with this proposal.
L. Working Day
The Consultant's working day activities shall be limited to the hours between 7:00 a.m., and 4:00 p.m., Monday through Friday. Deviation from normal working hours will not be allowed without prior written consent of the City ‘s Tree Maintenance Leader and/or other authorized City staff.
M. Te
rm
The term shall be for a one (1) year period from the effective date of the contract. The contract may be renewed for up to two (2) consecutive, two (2) year increments after the initial contract period, at the discretion and approval of the City. The City shall notify the Consultant in writing of the intent to extend the contract.
N. Invoicing
Consultant will submit monthly invoices to: Public Works Services Department , Attn : Public Works Superintendent – Right-of-Way, 1400 Broadway, Redwood City, CA 94063. Invoice format shall include a general description of the work, the dates worked, and number of personnel and hours worked. Failure to submit invoices in this format may result in non - payment until these requirements are met.
O. Payment
If a contract is awarded, the method of payment to the Successful Proposer shall be on an hourly basis with a maximum “not to exceed” fee as set by the Successful Proposer in the proposal or as negotiated between the Successful Proposer and the City. Payment will be made within thirty (30) days of receipt of an accurate invoice. Payment will be made no more frequently than monthly.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 16 OF 35 P. Withholding Payment
The City may withhold payment to such extent as may be necessary to protect the City from loss due to one or more of the following reasons:
• Defective or inadequate work not corrected.
• Claims filed or reasonable evidence indicating probable filing of claims. • A reasonable doubt that the contract can be completed for the balance unpaid.
Q. DIR Registered Contractor
The Consultant must be registered with the DIR pursuant to Labor Code §§ 1772.5 and 1771.1, and provide its DIR contractor number in Attachment A – Proposal Pricing Form.
R. Redwood City Business License
The Successful Proposer must either possess a current, valid Redwood City business license or have submitted a Redwood City business license application and fee at the time of contract award. Business license information (application, ordinance, fees) can be found by navigating to the City of Redwood City homepage (www.redwoodcity.org) and selecting “Business,” “Starting a Business,” “Business Licensing.”
S. Other Certifications and Requirements
All firms submitting proposals must hold a valid State of California C -27 and a C -61/D49 Contractor’s License. Both licenses must be in good standing for the previous five (5) consecutive years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs.
Consultant shall have OSHA certification of aerial equipment and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used throughout the term of this project.
T. Proposal Cost
The Consultant must complete, sign and submit Attachment A – Proposal Pricing Form with Consultant’s proposal. All pricing must be inclusive, and include all labor, material, and equipment necessary for all tasks listed in th is Scope of Services. Provision of this information assists the City in determining whether the Proposer understands the project, whether the costs are fair and reasonable in light of the services to be provided and provides City staff with tools to negotiate the final cost.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 17 OF 35 The Consultant acknowledges that by submitting a proposal, the Consultant’s proposed pricing is bound for 90 days after the Proposal Submittal Deadline.
SECTION VII. TERMS AND CONDITIONS
A. Ci
ty’s Standard Terms and Conditions
The
terms and conditions set forth in Attachment D - Sample Agreement for Services will apply to any contract resulting from this RFP.
B. Pricing
Pric
ing shall remain firm throughout the first year term of the contract. At the end of the initial contract term and each contract term thereafter for the duration of the contract, prices may, upon Consultant or City request, be increased or decreased. Any price increases will be tied to the Consumer Price Index (CPI) and approved at the discretion of the City. If accepted, the price increase will remain firm throughout the subsequent term . In the event prices are reduced, the reduced price shall apply to all subsequent purchases following the date of the price decrease through to the following term. The Consultant shall submit to the City a revised unit price schedule and supporting CPI information for any requested changes.
SECTION VIII. CONTRACT AWARD
Cit
y staff will evaluate the Proposals based on the following criteria:
• Quality and completeness of Proposal;
• Quality, performance, and effectiveness of services to be provided by the Proposer; • Proposer’s experience, including the experience of staff to be assigned to the project, the engagements of similar scope and complexity;
• Cost to the City (Proposal price alone will not be the sole determining factor); • Proposer’s ability to perform the work within the time specified; • Proposer’s prior record of performance (including safety record) with City or other; and • Proposer’s compliance with applicable laws, regulations, policies (including City Council policies), guidelines and orders governing prior or existing contracts performed by the Proposer.
The City reserves the right to reject any or all Proposals and to determine which Proposal is, in the City's judgment and sole discretion, best suited to meet the City’s needs, on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required at a fair and reasonable price. The City also reserves the right to waive any informality in any Proposal and to delete certain items listed in the Proposal as set forth therein.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 18 OF 35 The selection committee will make a recommendation to the awarding authority. Award of contract occurs when a Purchase Order is issued or other evidence of acceptance by the City is provided to the Proposer. A Recommendation of Award does not constitute award of contract.
Contract documents will consist of the Agreement for Services, this RFP and all related attachments , the Successful Proposer’s written proposal, and a Purchase Order issued by the City’s Finance Department.
SECTION IX. RIGHTS OF THE CITY
Th
is RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposal s or in anticipation of a contract. The City reserves the right to:
• Make the selection based on its sole discretion;
• Reject any and all proposals;
• Issue subsequent Request for Proposals;
• Postpone contract start date for its own convenience; • Remedy technical errors in the RFP process;
• Approve or disapprove the use of particular sub-consultants; • Cancel the RFP and reject any and all proposals in whole or in part when it is in the best interest of the City;
• Waive informalities and irregularities in the proposals; and • Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City.
An agreement shall not be valid or binding on the City unless and until it is executed by authorized representatives of the City and of the Proposer.
SECTION X. PUBLIC NATURE OF PROPOSAL MATERIALS
Re
sponses to this RFP become the exclusive property of the City. At such time as the PWS recommends the Consultant to the City Manager or to the City Council, as applicable, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” o r if disclosure is required under the California Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” may be regarded as non-responsive.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 19 OF 35 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not accept or approve that the information that a Proposer submits is a trade secret. If a request is made for information marked as “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer who submitted the information with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.
SECTION XI. COLLUSION
By
submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.
SECTION XII. FAIR DEALING/CONFLICT OF INTEREST
Th
e Proposer warrants that no gratuities, in the form of entertainment, gifts or otherwise, were, or will be offered or given by the Proposer , or any agent or representative of the Proposer to any officer or employee of the City with a view toward securing a recommendation of award or subsequent contract or for securing more favorable treatment with respect to making a recommendation of award.
The Proposer warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the contract resulting from this RFP. The Proposer also warrants that, to the best of its knowledge, no officer, agent or employee of the City who shall participate in any decision relating to this RFP and the resulting contract, currently has, or will have in the future, a personal or pecuniary interest i n the Proposer’s business.
SECTION XIII. NON-CONFORMING PROPOSAL
A p
roposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.
SECTION XIV. QUESTIONS REGARDING THE RFP
Sho
uld discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions regarding this RFP must be put in writing and received by the City c ontact person identified in Section XV no later than Wednesday, April 16, 2025, 3 PM Pacific Time. Inquiries received after the date and time stated will not be accepted.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 20 OF 35
Any interpretations or corrections of the RFP will only be made by an addendum posted online to the City’s website. Such addendum shall be considered a part of the RFP and must be signed and submitted with the proposal.
Oral interpretations or clarifications will be without legal effect.
SECTION XV. CONTACT PERSON
Inquiries relating to this RFP and/or the required services should be directed to:
Lily Ng
Management Analyst II
1400 Broadway
Redwood City, CA 94063
Phone: 650-780-5971
[email protected]
PLEASE SUBMIT ALL PAGES OF THE RFP. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 21 OF 35
ATTACHMENT A - PROPOSAL PRICING FORM
Price must be complete and include tax, delivery, labor, machinery, equipment, materials and other charges to complete the as-needed tasks as outlined in the Section VI, Scope of Services. The City does not guarantee any minimum or maximum quantities. Prices remain firm for one year after award of contract to Successful Proposer.
If the unit price and the total amount named by a Proposer for any item do not agree, it will be assumed that the error was made in computing the total amount and the unit price alone will be considered as representing the Proposer’s intention.
All proposal items, including lump sums, unit prices, and additive alternates, must be filled in completely.
Quote in numerals only, unless words are specifically requested.
Task
Estimated
Quantity of
Workers for
Task
Ho
urly Rate per
Worker
($)
Overtime Rate per
Worker
($)
a. Tree Crew Services 3
b. Tree Pruning
c. Tree Removal
d. Tree Planting
e. Stump Removal
f. Small Tree Care
g. Palm trunk skinning and
pruning
Ra
tes for Additional Work Not Specified Above
Proposer shall attach to their proposal schedules of rates and charges for any additional work that is NOT specified above. These schedules may include:
• An hourly labor rate schedule by position (regular time and overtime) • A rate schedule for materials that may be used when providing services • An hourly rate schedule for machinery and equipment (regular time and overtime)
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 22 OF 35 This proposal is binding upon the undersigned for 90 days after the Proposal Submittal Deadline.
COMPANY:
ADDRESS:
DIR NUMBER:
CONTACT PERSON:
TELEPHONE:
SIGNATURES FOR PROPOSER:
If INDIVIDUAL, Sign Below If CORPORATION, Sign Below
(Show Names of Non-signing Officers)
Signature Date A CORPORATION
Post Office Address Name of State Where Chartered
Signature Date
If PARTNERSHIP, Sign Below
(Show Names of Non-signing Partners) PRESIDENT Date Name of Partners SECRETARY Date
Signature Date TREASURER Date
Post Office Address Post Office Address
AF
TER SIGNING, PLEASE SUBMIT ALL PAGES OF THIS PROPOSAL PRICING FORM, INCLUDING THE SIGNATURE PAGES. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 23 OF 35
ATTACHMENT B - LIST OF INDEPENDENT CONTRACTOR(S),
SUBCONTRACTOR(S) OR SUB-CONSULTANT(S), I.E. “OTHER CONTRACTOR” The following are the independent contractor(s), subcontractor(s) or sub -consultant(s) that Proposer proposes to engage for the following types of work. Any type of work not designated below will be done by the main Contractor listed on the agreement with the City of Redwood City.
Work to be Performed by Other
Contractor
Name and Address of Other
Contractor
Dollar Value of
Agreement
MAIN CONTRACTOR COMPANY
NAME:
MAIN CONTRACTOR ADDRESS:
AF
TER COMPLETING, PLEASE SUBMIT ALL PAGES OF THIS LIST OF INDEPENDENT CONTRACTOR(S), SUBCONTRACTOR(S) OR SUB-CONSULTANT(S), I.E. “OTHER CONTRACTOR”. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.
PUBLIC WORKS SERVICES DEPARTMENT
FY 2024-25 RFP FOR COMPREHENSIVE STREET TREE MAINTENANCE SERVICES 24 OF 35
ATTACHMENT C – REFERENCE LIST
Please list 3 public agency clients, along with a very brief description of the work, which the City may contact regarding the Consultant’s work performance.
REFERENCE # 1
AGENCY / CITY NAME:
DEPARTMENT:
CONTACT PERSON:
TELEPHONE:
EMAIL ADDRESS:
DOLLAR VALUE OF AGREEMENT:
DATE RANGE OF AGREEMENT:
NATURE OF WORK PERFORMED:
REFERENCE # 2
AGENCY / CITY NAME:
DEPARTMENT:
CONTACT PERSON:
TELEPHONE:
EMAIL ADDRESS:
DOLLAR VALUE OF AGREEMENT:
DATE RANGE OF AGREEMENT:
NATURE OF WORK PERFORMED:
REFERENCE # 3
AGENCY / CITY NAME:
DEPARTMENT:
CONTACT PERSON:
TELEPHONE:
EMAIL ADDRESS:
DOLLAR VALUE OF AGREEMENT:
DATE RANGE OF AGREEMENT:
NATURE OF WORK PERFORMED:
AFTER COMPLETING, PLEASE SUBMIT ALL PAGES OF THIS REFERENCE LIST. AS IT RELATES TO THIS PROPOSAL, PLEASE TURN IN ALL PAGES.
CITY OF REDWOOD CITY
PUBLIC WORKS SERVICES
DEPARTMENT
1400 Broadway
Redwood City, CA 94063
Telephone: (650) 780-7464
April 23, 2025
ADDENDUM NO. 1 TO
REQUEST FOR PROPOSAL (RFP) FOR
COMPREHENSIVE STREET TREE MAINTENANCE SERVICES
Pursuant to Section X IV, Questions Regarding the RFP, the City of Redwood City is enclosing the below additional information for the Request for Proposal of the project referenced above.
I. O n page 4 of the RFP, Subsection C (SUBMITTAL), Part I (Firm Qualifications), item a is revised to state:
“State of California Contractor’s License number and expiration date of any applicable licenses, which must include at minimum C61/D-49.” II. Belo
w are answers to questions.
1. C onsidering this is a tree maintenance project, shouldn’t a C -49 license be required?
Proposers are not required to hold a C-49 State of California Contractor’s License (Tree and Palm Contractor) for this RFP. However, as mentioned in the RFP, Proposers can include in their proposal any applicable license(s) they hold for staff consideration and evaluation.
2. Will the City require an ISA Certified Arborist or other ISA credentials on-site while work is being performed?
No, an ISA Certified Arborist is not required to always be on-site, but an ISA Certified Arborist must be on site if requested by City staff.
3. Are gas-powered blowers allowed in the City?
Yes.
4. What is the warranty required for tree planting?
If Consultant plants trees for the City, they will not be watering them after they are planted and will not need to replace any because trees did not survive during a specific timeframe.
- ~
\
dwood
YI California
Founded1867
\~ ___ JI
5. Wi
ll traffic control plans/permits be required? If so, how will this be charged?
Consultant shall be responsible for providing the appropriate traffic control measures while providing services, but Consultant is not required to submit plans or permits to the City for the specific tasks requested in this RFP.
6. If special equipment is required such as a crane or loader, how will this be charged?
Per Attachment A of the RFP, Proposer must attach to their proposal schedules of rates and charges for any additional work that is not specified in the Tasks of the RFP (starting on page 9, “Tasks”), which may include an hourly rate schedule for machinery and equipment (regular time and overtime).
If any special equipment is required to fully perform the specific Tasks described in the RFP, the cost of equipment must be included in the hourly rate for that task and provided in Attachment A of the RFP.
7. Will there be a site provided for parking of vehicles & equipment and/or staging of materials?
No.
8. Are Park trees considered part of the Grid?
Yes.
9. Are bidders allowed to include pricing for additional services that are not listed in the RFP?
Yes, per Attachment A, Proposers can include schedules of rates and charges for any additional work not specified in the RFP for the City’s consideration to potentially include in any resulting contract.
10. What size trees are typically planted in the City?
Trees typically planted in the City can fit in a 15-gallon container.
11. How is work scheduled throughout the year?
City staff will request services on an as-needed basis based on available budget.
--
12. Can contractors trim or remove any tree they deem necessary? No. City staff will provide Consultant a list of trees that need to be trimmed or removed. If Consultant sees a tree that they believe needs to be trimmed or removed that has not been identified by the City, Consultant can notify City staff so that the City can review and, if applicable, approve proceeding with the work.
13. Which firm had the most previous contract for tree maintenance? The City’s current contract for tree maintenance services is with The Professional Tree Care Company.
14. Do you accept a C61/D49 license only or do we need to have C27 as well?
Proposers are not required to hold a C-27 State of California Contractor’s License (Landscaping Contractor) to submit a proposal.
*******
***************************************************************************************************** Proposers shall acknowledge receipt of this Addendum by signing the acknowledgment line below and attaching this addendum to their submitted proposal.
ACKNO
WLEDGMENT _________________________ _____________
Signature Date
I
- - - -
• JI.• 4 II
Prepared by ArborPro Inc.
Yorba Linda CA
The Town of Colma California
Community Forest Management Plan
August 2023
ATTACHMENT D
To wn of Colma, California
Urban Forest Management Plan
August 2023
Acknowledgements
CL
IENT SUPPLIED
(OPTIONAL)
To wn of Colma, California
Urban Forest Management Plan
August 2023
Community Forest Management Plan
OPENING STATEMENT
CLIENT SUPPLIED
(OPTIONAL)
T own of Colma, California
Urban Forest Management Plan
August 2023
Table of Contents
Executive Summary ............................................................................................................................... 5 Significant Findings from the Inventory ................................................................................................ 5 Tree Maintenance ................................................................................................................................... 5 Introduction ............................................................................................................................................ 5 Section I Highlights and Results of Inventory Data ............................................................................... 6 Methods of Data Collection................................................................................................................ 7 Assessment of Tree Inventory Data ................................................................................................... 7 Size Characteristics ............................................................................................................................ 8 Tree Condition .................................................................................................................................... 9 Discussion ........................................................................................................................................ 12 Section II Tree Management ................................................................................................................ 15 Recommended Tree Maintenance .................................................................................................... 15 Priority and Proactive Maintenance ................................................................................................. 17 Priority Maintenance ........................................................................................................................ 17 Priority Pruning ................................................................................................................................ 19 Proactive Maintenance ..................................................................................................................... 19 Routine Pruning Cycle ..................................................................................................................... 20 Young Tree Training Cycle .............................................................................................................. 21 Importance of Tree Maintenance ...................................................................................................... 23 Importance of Updating Inventory Data ........................................................................................... 23 Maintenance Cycle ............................................................................................................................... 24 Maintenance Plan ............................................................................................................................. 24 Irrigation ........................................................................................................................................... 25 Maintenance Summary ..................................................................................................................... 26 Vacant Sites and Tree Planting ......................................................................................................... 26 Goals ..................................................................................................................................................... 27 Goal Statement ..................................................................................................................................... 27 Conclusion ............................................................................................................................................ 28 Appendix A – Species Distribution ...................................................................................................... 29 Appendix B – Recommended Species ................................................................................................. 31 A
ppendix C – Observations.................................................................................................................. 32 Appendix D – Budget Sample .............................................................................................................. 33 Appendix E – CIMIS Zone Map .......................................................................................................... 34 To wn of Colma, California
Urban Forest Management Plan
August 2023
List of Figures
Figure 1:Count by Streets ...................................................................................................................... 7 Figure 2: Diameter at Breast Height Distribution .................................................................................. 9 Figure 3: Tree Condition ...................................................................................................................... 10 Figure 4: Maintenance by Condition ................................................................................................... 11 Figure 5:Species >2% .......................................................................................................................... 11 Figure 6: Maintenance by Category ..................................................................................................... 16 Figure 7: Priority Removals by Diameter Class .................................................................................. 18 Figure 8: Priority Prunes by Diameter Class ....................................................................................... 19 Figure 9:Routine Prunes by Diameter Class ........................................................................................ 21 Figure 10: Young tree training ............................................................................................................. 21
ArborPro Inc Town of Colma, California
Yorba Linda CA Urban Forest Management Plan
Urban Forest Management August 2023
Executive Summary
ArborPro, Inc. developed this plan for the Town of Colma, California. ArborPro inventoried trees on streets within the town. This document summarizes the information collected and provides a suggested order of work for inventoried trees based on maintenance recommendations made in the field. This Tree Management Plan was developed by analyzing tree inventory data collected in the summer of 2023. Like the trees, this document should be considered dynamic and adapt to change as various objectives are completed.
Maintenance schedules and the associated costs should be updated annually to reflect the investment in the tree population and dedication to maintaining a high-quality tree canopy.
Significant Findings from the Inventory
The 2023 tree inventory included trees and stumps at the assigned locations. A total of 1,003 sites were recorded during the inventory which included 951 trees (94%), with 22 stumps (2%).
The three most common species inventoried are Brisbane box (238 trees, 6.4%), water gum (182 trees, 4.9%) and evergreen pear (100 trees, 2.69%) 50 distinct tree species were recorded.
80% of the trees inventoried are in “Fair (38%)” or “Good (42%)” condition Only 16 (1.6%) locations had hardscape damage.
Tree Maintenance
Maintenance recommendations (not including planting) recorded during the tree inventory were removal (2%) and pruning (91 %).
Tree maintenance can be considered an investment with the benefits that trees provide justifying the expense. Proper pruning and regular maintenance help ensure that trees are providing maximum benefits throughout their life span. In addition to maximizing benefits, regular maintenance mitigates tree-related risk by removing hazardous limbs; reducing future storm damage clean-up; removing limb conflicts on sidewalks and roadways; improving the overall appearance of urban trees; and promoting proper growth patterns in young trees.
Trees in the Priority 1 removal and Priority 1 prune category should be addressed first to properly mitigate risk and prioritize maintenance. After all Priority 1 maintenance has been completed, the Priority 2 prunes and removals should be addressed.
Introduction
The Town of Colma consists of a little less than 2 square miles and sits on the San Francisco Peninsula in the San Francisco Bay. Founded in 1924 it is a thriving town with a population of 1,507.
The climate of Colma is ideal for growing many types of trees as can be seen in the diverse species palette.
ArborPro Inc Town of Colma, California
Yorba Linda CA 6 Urban Forest Management Plan
Urban Forest Management August 2023 ArborPro worked with the Town to provide a tree inventory on fourteen streets in the town boundaries. An arborist was assigned, and he visited each tree gathering attributes such as the tree diameter and height. Based on his opinion and knowledge of tree species he determined the trees’ condition at the time of the inventory in the Summer of 2023 and recommended maintenance for each individual tree. This report and strategic plan is the result of that inventory and is presented in the hopes that it will be found to be of use for current and long-term tree management.
Section I Highlights and Results of Inventory Data
In the spring of 2023, ArborPro, Inc. assigned an Inventory Arborist to inventory tree sites on fourteen distinct streets. A total of 1,003 tree sites were reviewed. Table 1 and figure 1 show the count by streets.
Street Sites/Street
B ST 67
C ST 76
CLARK AVE 14
COLLINS AVE 8
COLMA BLVD 13
D ST 59
E ST 29
EL CAMINO REAL 234
F ST 147
HILLSIDE BLVD 79
JUNIPERO SERRA BLVD 110
LAWNDALE BLVD 15
MISSION RD 143
SERRAMONTE BLVD 9
Total Sites 1003
Table 1: Count by Street
ArborPro Inc Town of Colma, California
Yorba Linda CA 7 Urban Forest Management Plan
Urban Forest Management August 2023
Figure 1:Count by Streets
Methods of Data Collection
Information about the trees was collected using ArborPro’s flagship software program Enterprise. ArborPro Enterprise 2.0 is accessed through the internet using iPads and iPhones as collection devices, the devices are equipped with geographic information systems (GIS) and use both aerial imagery and global positioning system technology (GPS). The following data fields were collected at each tree location:
Address Condition
Species Recommended Maintenance
Diameter Observations
Height Latitude
Notes Longitude
Assessment of Tree Inventory Data
Professional judgment based on experience and industry standards is used to determine maintenance recommendations. Data analysis is then used to summarize the inventoried trees. The summary helps identify trends in the tree population. Understanding and recognizing these trends will help guide short and long-term management planning. This section of the management plan summarizes the following criteria of the inventoried tree population:
• Size characteristics
• Tree condition
• Species and genus distribution
67 76
14 8 13
59 29
234
147
79 114
15 143
9 0
50 100
150
200
250
Sites by Street
I I • - • I I -
ArborPro Inc Town of Colma, California
Yorba Linda CA 8 Urban Forest Management Plan
Urban Forest Management August 2023 Size Characteristics
A tree’s general size provides insight into its age and value as well as the overall age of the trees at the surveyed locations. One industry-wide recognized size characteristic is diameter at breast height. Diameter at breast height (DBH) is determined by the diameter of the tree at 4.5 feet above grade. DBH range distribution can be used to analyze the relative age distribution of an urban forest. This information can be utilized by the T own to create planting plans to ensure that there are enough young trees to replace aging and over-mature trees. It is important that all age classes are adequately represented throughout the urban forest to ensure a healthy, vibrant tree canopy for future generations. Figure 2 illustrates the distribution of the inventoried trees by diameter class.
As the graph shows, the Town has a desirable distribution of size classes. An ideal size class distribution by diameter is typically considered to be 40% of trees at less than 8” (juvenile size class), 30% in the 8-16” range (semi-mature size class), 16 to
24” should be 20% (mature size class) and no more than 10% of trees should exceed 24” (senescent size class).
1 An analysis of the actual DBH, rather than the DBH ranges, of the trees reveals the juvenile population (430) trees are 43%, slightly above the ideal of 40%.
The semi-mature trees (425) account for 42%. Mature and senescent size class trees (10) are 10%. This analysis leads to the conclusion that new tree plantings should be scheduled where space allows as soon as possible. As the tree population ages new trees will take the place of older trees as they are removed creating a sustainable tree population based on age. This strategy will assure future generations will be able to enjoy the benefits of an uneven tree age distribution.
1 Leff, “The Sustainable Urban Forest” 2016
DBH range distribution can be used as a proxy to analyze the relative age distribution of an urban forest. Due to the lack of data regarding the DBH growth rate of various species in any given location, utilizing DBH as proxy for age is one approach. It is understood that while the age/diameter relationship is generally consistent within a species the relationship is not the same for all species. There are many factors affecting DBH growth rate and while not ideal, it is a metric from which age can be inferred.
ArborPro Inc Town of Colma, California
Yorba Linda CA 9 Urban Forest Management Plan
Urban Forest Management August 2023
Figure 2: Diameter at Breast Height Distribution
Tree Condition
Not necessarily about desirability, tree
condition is a subjective, qualitative
representation of overall health, vitality, and
structure.
Likewise, appearance is not a complete
indication of overall condition. Table 2 and
Figure 3 show the number of trees recorded
in each condition as well as the percentage of
the total population that they represent.
Good – The tree has no major structural
problems; no significant damage from
diseases or pests; no significant mechanical
damage; a full,
balanced crown; and normal twig condition
and vigor for its species. Trees in this category are considered to be 80-90% healthy.
Fair – The tree may exhibit the following characteristics: minor structural problems and/or mechanical damage; significant damage from non-fatal or disfiguring diseases; minor crown imbalance or thin crown; minor structural imbalance; or stunted growth compared to adjacent trees. Trees in this category are considered to be 60-80% healthy.
Poor – A tree can appear healthy but may have structural defects. This classification also includes healthy trees that have unbalanced structures or have been topped. Trees in this 0-03 04-06 07-12 13-18 19-24 25-30 31+
Count 152 206 402 137 47 19 10
0 50
100
150
200
250
300
350
400
450
Diameter Distribution
Condition Count Percentage
Critical 2 0.20%
Good 429 42.77%
Fair 386 38.48%
Poor 130 12.96%
Dead 4 0.40%
Stump 22 2.19%
Vacancy 30 2.99%
N/A 0 0.00%
Total 1,003 100.00%
Table 2: Tree Condition
ArborPro Inc Town of Colma, California
Yorba Linda CA 10 Urban Forest Management Plan
Urban Forest Management August 2023 category may also have severe mechanical damage, decay, severe crown dieback or poor vigor/failure to thrive. Trees in this category are considered to be 40-60% healthy.
Critical – This category refers to trees that are nearly dead. Trees in advanced states of decline that are still alive are generally recorded as poor or critical, not dead.
Dead – This category refers only to trees or stumps that are completely dead.
Stump – This category refers only to stumps. Typical maintenance is removal.
Figure 3: Tree Condition
Discussion
Most trees inventoried in in the Town’s (80.0%) were observed to be in Fair or better condition at the time of the inventory. This number includes stumps and dead trees and is used to compare the condition of trees recorded in the inventory. Therefore, the overall health and condition of the Town’s trees would be rated as Good. Approximately 12.0% of the Town’s trees are in poor condition; only six trees are critical or dead. Figure 4 shows the maintenance recommendations by condition.
Good Fair Poor Dead Stump
Prune 424 386 130 0 0
Remove 0 1 15 4 22
0 50
100
150
200
250
300
350
400
450
Maintenance by Condition
Prune
Remove
■
. I_ - - •
: [ : [ : [ :
ArborPro Inc Town of Colma, California
Yorba Linda CA 11 Urban Forest Management Plan
Urban Forest Management August 2023
Figure 4: Maintenance by Condition
Species Distribution
Understanding species distribution is important when determining which species should be planted and which ones, if any, are currently over-represented in the urban forest.
Biodiversity is extremely important to the overall health and longevity of a tree population.
The accepted guideline for urban biodiversity is the 10-20-30 rule. This means that no species should represent more than 10%, no genus should represent more than 20%, and no family should represent more than 30% of the total tree population. Figure 5 shows the distribution of species representing 2% or more of the total tree population.
Figure 5:Species >2%
Good Fair Poor Dead Stump
Prune 424 386 130 0 0
Remove 0 1 15 4 22
0 50
100
150
200
250
300
350
400
450
Maintenance by Condition
Prune
Remove
23.63%
18.07%
9.93%
3.87% 3.57% 3.18% 3.18% 2.98% 2.98% 2.68% 2.58% 2.09%
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
Species >2%
l
I I I I I I
-
I I
•
•
I ■
ArborPro Inc Town of Colma, California
Yorba Linda CA 12 Urban Forest Management Plan
Urban Forest Management August 2023 Figure 6 contains the top 10 species of trees recorded in Colma by count and as a percentage of the total tree population. A full species frequency report can be found in Appendix A.
Rank Top 10 Count %
1 Brisbane Box 238 6.40%
2 Water Gum 182 4.90%
3 Evergreen Pear 100 2.69%
4 Monterey Cypress 39 1.05%
5 London Plane Tree 36 0.97%
6 Elegant Water Gum 32 0.86%
7 White Alder 32 0.86%
8 Aristocrat Pear 30 0.81%
9 Japanese Black Pine 27 0.73%
10 Red Maple 26 0.70%
Table 3: Top 10 Species
Discussion
The Town of the Colma maintains 50 distinct species of trees on the streets inventoried. The distribution of these trees across species is close to ideal with no single species dominating the tree palette. ArborPro recommends the Town chooses carefully which trees to plant so no species exceeds 10% of the population. The potential threat from a singular pest is greatly diminished with a broad species selection. This risk can be further mitigated by analyzing the current list of species and focusing on species that do well in the area while actively promoting biodiversity in the landscape. A list of recommended tree species for future plantings can be found in Appendix B.
It is a goal of the management plan that no species constitute more than 10% of the tree population. Species selection for future plantings should focus on trees less represented in the population.
Observations
Field observations are recorded for trees and situations that could benefit from additional information other than attributes. Below is a table with the Top 10 Observations and the full table can be found in Appendix C.
I
ArborPro Inc Town of Colma, California
Yorba Linda CA 13 Urban Forest Management Plan
Urban Forest Management August 2023 Top 10 Observations
Rank Observation Count
1 Remove Hardware 34
2 Deadwood/Clean 17
3 Prior Failure(s)/Tear
Out(s) 10
4 Declining 9
5 Leaning 9
6 Previously Topped 8
7 Sparse Crown 8
8 Line Tree 5
9 Almost Dead 4
10 Codominant 4
Poor or Dead
We have found based on our experience that a
valuable assessment from our survey is the
species composition of the trees that are dead
or in poor condition. Below is a listing of the
tree species that have been found to be in poor
condition or are dead. We have also identified
what percentage of the tree species surveyed
have been identified as poor or dead. For
example, we have identified 238 Brisbane box
and of the 238 trees, 44 are in poor condition
or dead representing an 18% total of that
species. This indicates that there is a problem
with the Brisbane box trees and it should be
investigated. The Poor or Dead list can be used
to help determine the appropriateness of
various species for use in Colma.
Photo 1: Poor Condition Tree
ArborPro Inc Town of Colma, California
Yorba Linda CA 14 Urban Forest Management Plan
Urban Forest Management August 2023 Species
Poor/Dead
Count
Species
Count
Percentage of
Species
African Sumac 1 2 50.00%
Bishop Pine 1 5 20.00%
Blackwood Acacia 2 4 50.00%
Blue Gum 1 15 6.67%
Brisbane Box 44 238 18.49%
Canary Island Date Palm 1 17 5.88%
Citrus Species 1 1 100.00%
Crabapple Species 1 2 50.00%
Eastern Redbud 1 4 25.00%
Evergreen Pear 20 100 20.00%
Japanese Black Pine 1 27 3.70%
Japanese Flowering Cherry 1 1 100.00%
London Plane Tree 15 36 41.67%
Monterey Cypress 11 39 28.21%
New Zealand Christmas
Tree 2 10 20.00%
Purple Hopseed 1 5 20.00%
Purple-Leafed Plum 1 16 6.25%
Red Horsechestnut 3 3 100.00%
Shamel Ash 1 4 25.00%
Strawberry Tree 1 15 6.67%
Sweet Hakea 2 3 66.67%
Sydney Golden Wattle 1 2 50.00%
Water Gum 3 182 1.65%
White Alder 12 32 37.50%
White Ironbark 2 2 100.00%
Hardscape Damage
Hardscape damage is minimal with only 16 sites reported as having defects.
Hardscape
Damage
Yes 16 1.59%
No 991 98.41%
Total 1007 100.00%
ArborPro Inc Town of Colma, California
Yorba Linda CA 15 Urban Forest Management Plan
Urban Forest Management August 2023 Section II Tree Management
The purpose of this tree management plan is to provide a framework for the short and long- term maintenance of Colmas trees. To manage the Town’s trees, it is important to understand the cost and scope of the work that needs to be done. This section of the management plan will detail the maintenance recommendations from the inventory. The information contained within this section can be used to create a budget, secure funding, and to understand the general needs of the trees in the inventory.
It is also important to recognize that the tree inventory data provides a snapshot of trees’ current condition (Summer 2023). Prioritized tree maintenance will help reduce the overall risk of tree related catastrophes. However, because conditions can change drastically, routine maintenance should be coupled with the identification and monitoring of trees that may become hazardous in the future. The focus of this report is to identify and mitigate the trees that were deemed maintenance prioritizations at the time of the inventory while planning through proactive maintenance.
Recommended Tree Maintenance
A description and summary of the
maintenance recommendations for the
entire inventory follows below. As the
names imply, Priority 1 pruning and
removals pose the highest risk and
should be dealt with first. Priority 2
pruning and removals should be
considered after all Priority 1 pruning
and removals have been completed.
The remaining trees will be assigned to
either routine pruning or young tree
training activities (structural pruning) i.e. proactively pruned on a five-year and three-year basis respectively. The following more thoroughly describes each maintenance recommendation.
Priority 1 Prune – Trees that require Priority 1 pruning are recommended for trimming to remove hazardous deadwood, hangers, or broken branches. These trees have broken or hanging limbs; hazardous deadwood; and dead, dying, or diseased limbs or leaders greater than four inches in diameter.
Priority 1 Removal – Trees designated for removal have defects, which cannot be cost- effectively or practically treated. A majority of trees in this category have a large percentage of dead crown and pose an elevated level of risk for failure. Any hazards that cannot be mitigated with pruning could be seen as potential dangers to persons or property. Large dead and dying trees that are high liability risks are included in this category.
Priority 2 Prune – Trees that require Priority 2 pruning are recommended for trimming to remove deadwood, correct structural problems, or resolve clearance issues. These trees do not pose as much risk as “Priority 1” trees.
1 High
2 Me
d
3 Low
Priority One
Priority Two
Routine
Workflow
Priority Two
Priority One
Routine
ArborPro Inc Town of Colma, California
Yorba Linda CA 16 Urban Forest Management Plan
Urban Forest Management August 2023 Priority 2 Removal – Trees that should be removed but do not pose a liability as great as the first priority will be identified here. This category would need attention as soon as “Priority 1” trees are removed.
Routine Prune – These trees require
routine horticultural pruning to correct
structural problems or growth patterns,
which would eventually obstruct
traffic or interfere with utility wires or
buildings. Trees in this category are
large enough to require bucket truck
access or manual climbing.
Training Prune– Small, young trees,
up to 12 feet in height, that will grow
to be large trees must be pruned to
correct or eliminate weak, interfering,
or objectionable branches in order to
minimize future maintenance requirements.
A person standing on the ground can prune these trees with a pole-pruner.
Stump Removal – Typically located in high use areas, stumps that interfere with pedestrian traffic and pose a tripping hazard should be removed.
Figure 6: Maintenance by Category
Priority 1
Removal
Priority 1
Prune
Priority 2
Removal
Priority 2
Prune
Routine
Prune
Training
Prune
Stump
Removal
Count 15 1 7 15 789 124 22
15 1 7 15
789
124
22 0
100
200
300
400
500
600
700
800
900
Maintenance Category
Recommended
Maintenance Count Percentage
Priority 1 Removal 15 1.50%
Priority 1 Prune 1 0.10%
Priority 2 Removal 7 0.70%
Priority 2 Prune 15 1.50%
Routine Prune 789 78.66%
Training Prune 124 12.36%
Stump Removal 22 2.19%
None 0 0.00%
Plant 30 2.99%
Total 1003 100.00%
Table 4: Maintenance by Category
ArborPro Inc Town of Colma, California
Yorba Linda CA 17 Urban Forest Management Plan
Urban Forest Management August 2023 Priority and Proactive Maintenance
Communities are encouraged to implement a proactive maintenance schedule. Many communities often rely on an on-demand response to hazardous trees or urgent situations such as storm or wind damage. However, a proactive program systematically reduces risk while improving the overall health of
urban trees. A proactive program will also
help stabilize maintenance budgets and
improve long-term planning.
In this plan, we chose to use a five-year cycle
for routine tree trimming and a three-year
cycle for young tree training. As previously
explained, this involves pruning each tree
every five years while conducting structural
pruning on young trees every three years.
These activities are considered proactive
maintenance while trees in the Priority 1 and
2 categories are priority maintenance.
Priority Maintenance
Prioritizing maintenance is one of the tree
inventory’s main objectives. It allows tree
work to be assigned based on observed risk
over multiple years. Once prioritized, the
work can be approached systematically to
mitigate risk by addressing the highest
priority trees first. In this plan, all trees designated as Priority 1 prunes and removals will be considered first. Priority 2 prunes and removals will be considered after all Priority 1 trees have been addressed. Trees in the Routine Prune and Training Prune category will be entered into the proactive maintenance schedule. Figure 8 shows the trees and their respective diameter classes for these two priority maintenance categories.
Photo 2:Priority 1 Removal
ArborPro Inc Town of Colma, California
Yorba Linda CA 18 Urban Forest Management Plan
Urban Forest Management August 2023
Figure 7: Priority Removals by Diameter Class
Photo 3:Priority 2 Removal
04-06 07-12 13-18 19-24 25-30
Priority 1 0 6 6 2 1
Priority 2 2 4 1 0 0
0 1
2 3
4 5
6 7
Priority Removals by Daimeter Class
Priority 1 Priority 2
■
■
I
■ ■
■ I ■
ArborPro Inc Town of Colma, California
Yorba Linda CA 19 Urban Forest Management Plan
Urban Forest Management August 2023 Priority Pruning
Priority pruning includes trees in the Priority 1 and Priority 2 category that need to be pruned to mitigate risk and remove obstructions to sidewalks, roads, etc. There are a total of 425 trees in the priority prune category. It should be noted that 115 of these trees have diameters that exceed 30”. Figure 10 shows all the trees and their respective diameter classes for these two categories.
Figure 8: Priority Prunes by Diameter Class
Trees in the Priority 1 Prune category pose a risk to public safety that can be mitigated through pruning. ArborPro recommends pruning these trees in the first year of the five-year maintenance plan. The inventory found a total of 1 Priority 1 Prunes.
Trees in the Priority 2 Prune category pose a lower risk to public safety than Priority 1 Prunes and also can be mitigated through pruning. ArborPro recommends pruning these trees in the first year of the five-year maintenance plan. The inventory found a total of 15 Priority 2 Prunes.
Proactive Maintenance
Proactive tree maintenance requires that trees are systematically managed over time. To accomplish this, trees are placed in a pruning cycle that routinely addresses tree pruning needs, health and form. While it may be costly to implement a routine pruning cycle, it will reduce both risk and maintenance costs over time. Maintaining a routine pruning cycle will allow the Town to address minor maintenance needs on a regular basis. Over time, this will reduce the number of emergency situations and will allow the Town to regularly monitor potential problem trees.
There are two categories of proactive maintenance for the Town of Colma. Routine pruning is usually recommended for most trees over 20’ tall. From time to time depending on the opinion of the inventory arborist may assign a tree outside the typical category. 00-03 04-06 07-12 13-18 19-24 25-30 30+
Priority 2 0 0 4 7 3 0 1
Priority 1 0 0 1 0 0 0 0
0 1
2 3
4 5
6 7
8 Priority Prunes
Priority 1 Priority 2
■
ArborPro Inc Town of Colma, California
Yorba Linda CA 20 Urban Forest Management Plan
Urban Forest Management August 2023 Training pruning is most often recommended for trees that have a diameter of less than 6” and are usually less than 20’ tall. Again,
from time to time a tree outside these
parameters may be recommended for a
training prune.
Routine Pruning Cycle
The routine pruning cycle includes all trees
entered as Routine Prune during the
inventory. These trees pose little to no risk
but could benefit from regular pruning to
mitigate tree-related risk. By removing
defective limbs, the Town can reduce future
storm damage clean-up; remove limb
conflicts on sidewalks and roadways, trails
and paths; improve the overall appearance
of urban trees; and promote proper growth
patterns in young trees.
The length of a routine pruning cycle
depends on the size of the tree population.
ArborPro recommends a five-year cycle for
the trees included in this inventory, i.e.
prune approximately one-fifth of the tree
population each year. This number will fluctuate as the Town removes trees and completes priority maintenance, and as young trees grow into maturity. This report and five-year maintenance plan will only consider trees in the Routine Prune category at the time of the inventory for the routine pruning cycle.
The 2022 tree inventory found a total of 2,792 trees that would benefit from routine pruning.
Therefore, approximately 558 trees (one-fifth of the total population) will need to be pruned each year, starting in year four of the five-year maintenance plan. Figure 12 shows a breakdown of Routine Prunes by diameter class and count Photo 4: Routine Prune
ArborPro Inc Town of Colma, California
Yorba Linda CA 21 Urban Forest Management Plan
Urban Forest Management August 2023
Figure 9:Routine Prunes by Diameter Class
Young Tree Training Cycle
Trees included in the Young Tree Training Cycle are typically less than 6 inches DBH and will benefit from structural pruning. Young trees tend to have higher growth rate and therefore require a shorter pruning cycle than mature trees. For this reason, ArborPro recommends a three-year cycle for young tree training. Currently only 30 trees fall into the training prune cycle. Figure 10 illustrates the number of trees that would benefit from young tree training.
Figure 10: Young tree training
00-03 04-06 07-12 13-18 19-24 25-30 30+
Routine Prune 35 195 380 115 38 16 7
0 50
100
150
200
250
300
350
400
Routine Prune
00-03 04-06 07-12 13-18 19-24 25-30 30+
Training Prune 119 7 0 0 0 0 0
0 20
40 60
80 100
120
140
Training Prune
[ ■
• I ■ - -
I f : f f : : l
[ ■
ArborPro Inc Town of Colma, California
Yorba Linda CA 22 Urban Forest Management Plan
Urban Forest Management August 2023 The three-year Young Tree
Training Cycle should begin in
year of the maintenance plan. For
the sake of this management plan,
it will only include existing young
trees. All of the young trees should
be structurally pruned the first
year. The number of trees in the
training cycle will fluctuate as new
trees are planted and as older
plantings become established and
no longer require training.
Therefore, the amount of money
spent and the number of trees in
the training cycle will not remain
constant.
The inventory found a total of 126
trees under 7 inches DBH that
would benefit from structural
pruning.
Relatively inexpensive, young
tree training can easily be done by
Town staff or even volunteers.
Training young trees helps to
reduce future maintenance costs by
improving the structure and health of young trees. Since it can be done from the ground with little equipment,
While a three-year training cycle has been suggested a five-year cycle can be implemented.
This will change the annual budget by reducing annual pruning expenses associated with young trees. If a five-year cycle is adopted, structural corrections should be made as early as possible in the cycle. For the purposes of this report a three-year schedule has been used for budgeting. To modify the budget for a five-year cycle for all trees a total of 126 trees should be added to the routine cycle and the training cycle eliminated. In either case the first three years should be used to address the high priority trees as outlined in the budget.
Photo 5:Training Prune
ArborPro Inc Town of Colma, California
Yorba Linda CA 23 Urban Forest Management Plan
Urban Forest Management August 2023 Importance of Tree Maintenance
Trees are naturally occurring, organic organisms. Often, they are treated as though they do not need human intervention to thrive. While this may be true in natural undisturbed forests, it is certainly not true for urban trees. Urban trees require regular maintenance to maximize the benefits they provide. When maintenance is neglected, trees can pose a serious risk to people and property. In addition, trees in urban environments are subject to many more stressors than trees in forests or rural areas. Urban trees grow in restricted spaces; are exposed to pollutants and road maintenance and repair chemicals; are subject to soil compaction; and can be easily damaged by mowers or other activities.
Proactive pruning can greatly reduce the risk of tree failure and subsequent damage. In addition, proactive maintenance will prolong the life of a tree and reduce future maintenance costs. A well-maintained urban forest will be less susceptible to disease and disaster. When trees are pruned on a regular basis — or removed when they become diseased or hazardous — it eliminates some of the pathways for potential pests and diseases. Many of these pests and diseases attack stressed trees or enter through open wounds or dead branches. Therefore, a well-maintained urban forest will be less likely to succumb to pest infestations. In addition, species selection is an important part of maintaining a healthy urban forest. Careful species selection will increase biodiversity and reduce the risk of a catastrophic pest infestation. Most pests have preferred hosts (red gum lerp psyllid for example). Increasing biodiversity will limit the number of species that are susceptible to individual pests.
While it is impossible to predict when a natural disaster will strike, a level of disaster preparedness can be achieved through regular maintenance. Trees that have been pruned to remove dead or hanging limbs will be less likely to experience branch failure in high winds, thus reducing storm damage clean-up. Also, removing diseased or declining trees from the landscape will reduce the risk of whole tree failure in major storm events.
The importance of urban tree maintenance cannot be understated. A well-maintained urban forest will provide maximum benefits to the community while reducing the inherent risk of tree failure.
An important goal is to create and maintain a tree maintenance schedule. Trees can be placed on a pruning cycle. For instance, a 4 year cycle means that 25% of the trees would be pruned each year (if necessary) this allows for more consistent budgets. Depending on pruning objectives the schedule can be incorporated into the municipal calendar, so trees are actively maintained similar to other infrastructure. Late spring pruning will result in the least amount of growth response and is an ideal time of year to assist in tree size control.
Importance of Updating Inventory Data
Trees are living organisms that change with time. Inventory data, however, is static and will not reflect the current state of an urban forest unless it is continually updated. Whenever a tree is removed, inspected, pruned, or planted it should be updated in the inventory. If inventory data is not properly maintained, it will quickly become obsolete and will ultimately
ArborPro Inc Town of Colma, California
Yorba Linda CA 24 Urban Forest Management Plan
Urban Forest Management August 2023 be of little use. Significant time and money have been invested in surveying Colma’s trees.
The only way to protect this investment is to continually update the inventory. The inventory can be updated using a spreadsheet program. There are many features in spreadsheets that allow filtering by species, condition or recommended maintenance. It is possible to add a column to track work dates etc. The inventory can also be updated using ArborPro’s flagship software Enterprise 2.0. All of Colma’s data is currently in the program and ready to be updated, assign work and print reports for distribution.
Maintenance Cycle
Utilizing data from the 2023 tree inventory, ArborPro has developed a suggested annual maintenance schedule detailing the number and types of tasks to be completed each year.
Budget projections were made using average cost of tree work based on diameter class.
These costs are not specific to the Colma; they only represent conservative average costs based on industry knowledge and experience.
Maintenance Plan
This summary will include tree data collected during the inventory. It represents the total cost of priority maintenance and the recurring cost of proactive maintenance. A summary of the maintenance schedule is presented here. The complete table of estimated costs for this five- year plan can be found in Appendix D.
In addition to the five-year maintenance plan, it is important to understand the total cost of priority maintenance and the recurring cost of proactive maintenance. It may not be possible to implement a five-year maintenance plan, but it is very important to understand what it would cost to maintain all of Colma’s trees. Priority maintenance is the one-time cost of pruning or removing all the Priority 1 and Priority 2 trees. Proactive maintenance is the recurring cost of routine pruning and young tree training.
The breakdown of cost for all priority maintenance is:
Maintenance Cost
Priority 1 Removal $3,185
Priority 1 Prune $75
Priority 2 Removal $1,235
Priority 2 Prune $1,955
Total $6,450
Table 5: Cost of priority maintenance
The recurring cost of proactive maintenance is:
Maintenance Cost per Year
Routine Prune $12,105
Young Tree Training $580
Total $12,685
Table 6: Recurring cost of proactive maintenance
ArborPro Inc Town of Colma, California
Yorba Linda CA 25 Urban Forest Management Plan
Urban Forest Management August 2023 To implement the recommended maintenance schedule, the maintenance plan budget should be no less than $13,000 for Year One through Year Five. After Year Five a new five-year budget can be determined with the input from the tree care contractor.
Colma should implement a proactive maintenance cycle as soon as possible, it is an important goal to work towards. At very least, the priority maintenance should be budgeted for and completed within the first three years. ArborPro recommends implementing the five- year maintenance plan as soon as possible.
Below is a suggested budget that can be used to fund the tree pruning activities recommended for the next sevearl years. This can be used in conjunction with a spreadsheet to track pruuing history costs and make budget projections based on local pricing.
Irrigation
Irrigation schedules are climate dependent. All areas where automatic sprinkler systems(APS) are installed should be inspected annually if not more frequently to confirm the system is operating correctly.
Irrigation schedules are created based on many variables. First and foremost is the climate and its changes throughout the year. Secondly system capacity based on available water pressure must be considered. This will determine which systems (if any) can be operated simutaneously.
The matter of scheduling can be greatly simpified with the use of the California Irrigation Management Information System (CIMIS). This state service calculates water loss daily and uses a deficit irrigation model. For example, the week ending 08/19/23 water use equals
1.25”. Using this information the irrigation system can be adjusted to apply 1.25” of water to replace what was lost through evapotranspiration (ETo).
According to CIMIS data Colma is in CIMIS ETo Zone 1. The CIMIS Zone map can be found in Appendix E. As can be seen on the map during July in Colma the most water evapotranspires at 4.65”. The irrigation shcedules can be created using this information as a guideline. It is also important to consider what are known as micor-climates. These are areas within an irrigation zone that differ from the majority os the Zone and may require more or less irrigation. Another important factor is time to run-off. Some systems may require multiple start times with a shorter run duration than necessary to deliver the required amount of water. In these cases the system should be operated to the point of run-off and then a rest period to allow water to infiltrate should occur. This can be a few hours or a day depending on the soil type , slope degree, and plant type and size.
ArborPro Inc Town of Colma, California
Yorba Linda CA 26 Urban Forest Management Plan
Urban Forest Management August 2023 Maintenance Summary
Tree Maintenance is an ongoing commitment. Pruning schedules can be developed so the annual tree care budget can remain relatively consistent. Tree structural pruning for young and newly planted trees should occur each year for the first three years. In some cases, it may not be necessary to make any pruning cuts and in others a timely cut can prove beneficial by eliminating future problems. Once young trees have been structurally pruned sufficiently, they can be moved to the mature tree category and pruned on that schedule.
Mature trees can be pruned on a cycle. It is suggested that a 5-year pruning cycle be implemented in Colma. In this type of schedule 1/5
th of the mature trees should be pruned
each year. This will assist in “flat lining” the budget by having a relatively consistent amount of work from year to year. It is suggested that a certain amount be designated as contingency funds to be used in situations outside of traditional maintenance. Such as tree loss due to unexpected weather etc.
The first order of business is to address the various pruning recommendations created as a result of the recent inventory. Once these items are addressed routine pruning can be followed. From time to time it may be necessary to prune a tree out of cycle for various reasons.
Vacant Sites and Tree Planting
The inventory identified 30 locations that are suitable for planting new trees. In addition there are 22 locations where stumps are recommended for removal and an additional 22 trees have been recommended for removal. Many of these removal locations can be replanted as part of the tree management program for Colma. Until those removals are effected and a determination has been made relative to the appropriateness of replanting a tree in those locations the vacant planting sites can be populated.
Here again budget considerations are a driving factor. Does Colma have sufficient funds to plant all 30 trees this year? If so, then it is suggested that this approach be followed.
However, in most cases these funds are not available, and a phased planting strategy can be followed. One plan could be to plant 5 new trees a year for 6 years to fill the current vacant sites.
Either way new tree planting is encouraged to ensure that Colma has a continuous tree canopy for many years to come.
ArborPro Inc Town of Colma, California
Yorba Linda CA 27 Urban Forest Management Plan
Urban Forest Management August 2023 Goals
Settings goals is one way to keep a focus on improving the community forest. This document has discussed three concepts that can be considered goals. The first goal to consider is committing to implementing the recommended work and creating a proactive tree maintenance program. This would involve scheduling annual inspections by a qualified arborist who can also through the inspection generate a scope of work.
The second goal is to maintain an uneven age stand by planting new trees on a regular schedule each year. This is to increase the tree count and to replace trees removed due to senescence or pest and disease issues.
The third goal is to create a diverse species palette. As new trees are planted, they should be chosen based on their ability to survive for the long term and where they fit on the diversity scale. For instance, in Colma the Brisbane box accounts for almost 25% of the urban forest.
This species should not be planted until it represents less than 10% of the population. (It has been purposely omitted from the suggested species list). The new plantings also represent an opportunity to “test” new species that may perform well in the future as the environment around Colma changes due to warming temperatures.
Goal Statement
1) Create and implement a proactive tree maintenance program. 2) Commit to an uneven aged tree population by planting trees each year as budget and space permits
3) Adjust species palette so no species constitutes more than 10% of the tree population.
ArborPro Inc Town of Colma, California
Yorba Linda CA 28 Urban Forest Management Plan
Urban Forest Management August 2023 Conclusion
Properly managing urban trees requires planning, communication, public support, and adequate funding. For these reasons, it is complicated and can only be accomplished through a well-defined vision for the future. The combination of priority and proactive maintenance detailed in this Tree Management Plan will create a framework for short- and long-term management that will help ensure a healthy, vibrant tree canopy for future generations. The Town of Colma must balance the needs of its residents with a knowledge and understanding of tree management to create a safe, enjoyable environment for everyone.
ArborPro Inc Town of Colma, California
Yorba Linda CA 29 Urban Forest Management Plan
Urban Forest Management August 2023 Appendix A – Species Distribution
Common Name Botanical Name Count %
African Sumac Rhus lancea 2 0.20%
Amur Maple Acer ginnala 1 0.10%
Aristocrat Pear Pyrus calleryana 'Aristocrat' 30 2.99%
Australian Tree Fern Cyathea cooperi 5 0.50%
Bishop Pine Pinus muricata 5 0.50%
Blackwood Acacia Acacia melanoxylon 4 0.40%
Blue Gum Eucalyptus globulus 15 1.50%
Brisbane Box Lophostemon confertus 238 23.73%
Canary Island Date Palm Phoenix canariensis 17 1.69%
Cedar-of-Lebanon Cedrus libani 1 0.10%
Chinese Elm Ulmus parvifolia 3 0.30%
Chinese Fringe Tree Chionanthus retusus 1 0.10%
Citrus Species Citrus species 1 0.10%
Crabapple Species Malus floribunda 2 0.20%
Crape Myrtle (including
hybrids) Lagerstroemia indica (and hybrids) 7 0.70%
Dracaena Cordyline australis 17 1.69%
Eastern Redbud Cercis canadensis 4 0.40%
Elegant Water Gum Tristaniopsis laurina 'Elegant' 32 3.19% English Hawthorn Crataegus laevigata 3 0.30%
Evergreen Pear Pyrus kawakamii 100 9.97%
Giant Sequoia Sequoiadendron giganteum 1 0.10%
Hawthorn Species Crataegus species 8 0.80%
Jack Fogg Michelia Magnolia doltsopa 'Jack Fogg' 1 0.10% Japanese Black Pine Pinus thunbergiana 27 2.69%
Japanese Flowering Cherry Prunus serrulata 1 0.10%
Japanese Maple Acer palmatum 1 0.10%
London Plane Tree Platanus x acerifolia 36 3.59%
Marina Arbutus Arbutus 'Marina' 6 0.60%
Mexican Fan Palm Washingtonia robusta 21 2.09%
Monterey Cypress Cupressus macrocarpa 39 3.89%
Natchez Crape Myrtle Lagerstroemia x 'Natchez' 1 0.10%
New Zealand Christmas Tree Metrosideros excelsa 10 1.00% Ornamental Pear Pyrus calleryana 7 0.70%
Paperbark Maple Acer griseum 3 0.30%
Purple Hopseed Dodonaea viscosa 'Purpurea' 5 0.50%
Purple-Leafed Plum Prunus cerasifera 16 1.60%
ArborPro Inc Town of Colma, California
Yorba Linda CA 30 Urban Forest Management Plan
Urban Forest Management August 2023 Common Name Botanical Name Count %
Raywood Ash
Fraxinus angustifolia subsp.
oxycarpa 6 0.60%
Red Horsechestnut Aesculus x carnea 3 0.30%
Red Maple Acer rubrum 26 2.59%
Shamel Ash Fraxinus uhdei 4 0.40%
Sour Gum Nyssa sylvatica 4 0.40%
Star Pine Araucaria columnaris 1 0.10%
Strawberry Tree Arbutus unedo 15 1.50%
Stump Stump 22 2.19%
Sweet Hakea Hakea suaveolens 3 0.30%
Sydney Golden Wattle Acacia longifolia 2 0.20%
Vacant Planting Site Vacant Planting Site 30 2.99%
Water Gum Tristaniopsis laurina 182 18.15%
White Alder Alnus rhombifolia 32 3.19%
White Ironbark Eucalyptus leucoxylon 2 0.20%
ArborPro Inc Town of Colma, California
Yorba Linda CA 31 Urban Forest Management Plan
Urban Forest Management August 2023 Appendix B – Recommended Species
Botanical Name Common Name
Afrocarpus falcatus False Yellowwood
Afrocarpus gracilior Fern Pine
Arbutus 'Marina' Marina Arbutus
Callistemon citrinus Lemon Bottlebrush
Corymbia ficifolia Red Flowered Gum
Crataegus viridis 'Winter
King' Winter King Hawthorn
Crataegus x lavallei Carriere Hawthorn
Eriobotrya deflexa Bronze Loquat
Juniperus chinensis
'Torulosa' Hollywood Juniper
Lagunaria patersonia Primrose Tree
Lophostemon confertus Brisbane Box
Melaleuca quinquenervia Cajeput Tree
Metrosideros excelsus
New Zealand Christmas
Tree
Pittosporum crassifolium Seaside Pittosporum
Pyrus calleryana 'Aristocrat' Aristocrat Pear
Pyrus kawakamii Evergreen Pear
Tristaniopsis laurina Water Gum
Tristaniopsis laurina
'Elegant' Elegant Water Gum
ArborPro Inc Town of Colma, California
Yorba Linda CA 32 Urban Forest Management Plan
Urban Forest Management August 2023 Appendix C – Observations
Observation Count
Almost Dead 4
Broken/Missing Top 1
Codominant 4
Crowded 2
Dead 4
Dead Top 1
Deadwood/Clean 17
Decay 1
Declining 9
Encroached 4
Fireblight 1
Full Trim 1
Hanger(s) 1
Invasive/Undesirable
Species 1
Leaning 9
Line Tree 5
Overtopped 2
Poor Structure 4
Previously Topped 8
Prior Failure(s)/Tear Out(s) 10
Pruned for Utilities 1
Raise 1
Reduce End Weight 3
Remove Crossing Limb(s) 2
Remove Hardware 34
See Notes 4
Sparse Crown 8
Stump Sprout(s) 3
Weak Crotch(es) 2
ArborPro Inc Town of Colma, California
Yorba Linda CA 33 Urban Forest Management Plan
Urban Forest Management August 2023 Appendix D – Budget Sample
2023 2024 2024
Activity DBH Cost/Tree # of Trees Total Cost # of Trees Total Cost # of Trees Total Cost # of Trees Total Cost # of Trees Total Cost Priority 1 Removal 00"-03" $25 0 $0 0 $0 0 $0 0 $0 0 $0 $0 04"-06" $105 6 $630 0 $0 0 $0 0 $0 0 $0 $630
07"-12" $220 6 $1,320 0 $0 0 $0 0 $0 0 $0 $1,320
13"-18" $355 2 $710 0 $0 0 $0 0 $0 0 $0 $710
19"-24" $525 1 $525 0 $0 0 $0 0 $0 0 $0 $525
25"-30" $845 0 $0 0 $0 0 $0 0 $0 0 $0 $0
31"-36" $1,140 0 $0 0 $0 0 $0 0 $0 0 $0 $0
37"-42" $1,470 0 $0 0 $0 0 $0 0 $0 0 $0 $0
43+ $1,850 0 $0 0 $0 0 $0 0 $0 0 $0 $0
Total 15 $3,185 0 $0 0 $0 $0 $0 0 $0 $3,185
Priority 2 Removal 00"-03" $25 0 $0 0 $0 0 $0 0 $0 0 $0 $0 04"-06" $105 0 $0 0 $0 0 $0 0 $0 0 $0 $0
07"-12" $220 4 $880 0 $0 0 $0 0 $0 0 $0 $880
13"-18" $355 1 $355 0 $0 0 $0 0 $0 0 $0 $355
19"-24" $525 0 $0 0 $0 0 $0 0 $0 0 $0 $0
25"-30" $845 0 $0 0 $0 0 $0 0 $0 0 $0 $0
31"-36" $1,140 0 $0 0 $0 0 $0 0 $0 0 $0 $0
37"-42" $1,470 0 $0 0 $0 0 $0 0 $0 0 $0 $0
43+ $1,850 0 $0 0 $0 0 $0 0 $0 0 $0 $0
Total 5 $1,235 0 $0 0 $0 0 $0 0 $0 $1,235
Stump Removal 00"-03" $25 0 $0 0 $0 0 $0 0 $0 0 $0 $0
04"-06" $25 2 $50 0 $0 0 $0 0 $0 0 $0 $50
07"-12" $25 7 $175 0 $0 0 $0 0 $0 0 $0 $175
13"-18" $40 5 $200 0 $0 0 $0 0 $0 0 $0 $200
19"-24" $60 4 $240 0 $0 0 $0 0 $0 0 $0 $240
25"-30" $85 2 $170 0 $0 0 $0 0 $0 0 $0 $170
31"-36" $110 $0 0 $0 0 $0 0 $0 0 $0 $0
37"-42" $130 1 $130 0 $0 0 $0 0 $0 0 $0 $130
43+ $160 1 $160 0 $0 0 $0 0 $0 0 $0 $160
Total 22 $1,125 0 $0 0 $0 0 $0 0 $0 $1, 125
Priority 1 Prune 00"-03" $20 0 $0 0 $0 0 $0 0 $0 0 $0 $0 04"-06" $30 0 $0 0 $0 0 $0 0 $0 0 $0 $0
07"-12" $75 1 $75 0 $0 0 $0 0 $0 0 $0 $75
13"-18" $120 0 $0 0 $0 0 $0 0 $0 0 $0 $0
19"-24" $170 0 $0 0 $0 0 $0 0 $0 0 $0 $0
25"-30" $225 0 $0 0 $0 0 $0 0 $0 0 $0 $0
31"-36" $305 0 $0 0 $0 0 $0 0 $0 0 $0 $0
37"-42" $380 0 $0 0 $0 0 $0 0 $0 0 $0 $0
43+ $590 0 $0 0 $0 0 $0 0 $0 0 $0 $0
Total 1 $75 0 $0 0 $0 0 $0 0 $0 $75
Priority 2 Prune 00"-03" $20 0 $0 0 $0 0 $0 0 $0 0 $0 $0 04"-06" $30 0 $0 0 $0 0 $0 0 $0 0 $0 $0
07"-12" $75 4 $300 0 $0 0 $0 0 $0 0 $0 $300
13"-18" $120 7 $840 0 $0 0 $0 0 $0 0 $0 $840
19"-24" $170 3 $510 0 $0 0 $0 0 $0 0 $0 $510
25"-30" $225 0 $0 0 $0 0 $0 0 $0 0 $0 $0
31"-36" $305 1 $305 0 $0 0 $0 0 $0 0 $0 $305
37"-42" $380 0 $0 0 $0 0 $0 0 $0 0 $0 $0
43+ $590 0 $0 0 $0 0 $0 0 $0 0 $0 $0
Total 15 $1,955 0 $0 0 $0 0 $0 0 $0 $1,955
Routine Prune 00"-03" $20 0 $0 35 $700 0 $0 0 $0 0 $0 $700 04"-06" $30 0 $0 39 $0 39 $1,170 39 $1,170 39 $1,170 $3,510 07"-12" $75 0 $0 0 $0 76 $5,700 76 $5,700 76 $5,700 $17,100 13"-18" $120 0 $0 0 $0 23 $2,760 23 $2,760 23 $2,760 $8,280 19"-24" $170 0 $0 0 $0 7 $1,190 7 $1,190 7 $1,190 $3,570 25"-30" $225 0 $0 0 $0 3 $675 3 $675 3 $675 $2,025
31"-36" $305 0 $0 0 $0 2 $610 2 $610 2 $610 $1,830
37"-42" $380 0 $0 0 $0 0 $0 0 $0 0 $0 $0
43+ $590 0 $0 0 $0 0 $0 0 $0 0 $0 $0
Total 0 $0 74 $700 150 $12,105 150 $12,105 150 $12,105 $37,015 Young Tree Training 00"-03" $20 29 $580 0 $0 0 $0 29 $580 29 $580 $1, 740 04"-06" $30 0 $0 0 $0 0 $0 0 $0 0 $0 $0
07"-12" $75 0 $0 0 $0 0 $0 0 $0 0 $0 $0
Total 29 $580 0 $0 $0 29 $580 29 $580 $1,740
Cost Grand Total $8,155 $700 $12,105 $12,685 $12,685 $46,330 Five-Year
Cost
Year 2026 2027
ArborPro Inc Town of Colma, California
Yorba Linda CA 34 Urban Forest Management Plan
Urban Forest Management August 2023 Appendix E – CIMIS Zone Map
The CIMIS evapotranspiration maps are on the following two pages.
I
- - - -
• JI.• 4 II
Second Reading of Ord Amending Town Holidays Page 1 of 1
STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Farhad Mortazavi, APA, City Planner
Lorraine Weiss, APA, Principal Planner
VIA: Dan Barros, City Manager
MEETING DATE: October 8, 2025
SUBJECT: Second Reading and Adoption of Ordinance Amending Subchapter 5.11 Related to Water Efficient Landscaping
RECOMMENDATION
Staff recommends that the City Council adopt the following ordinance:
ORDINANCE AMENDING SUBCHAPTER 5.11 OF THE COLMA MUNICIPAL CODE RELATING
TO THE WATER EFFICIENT LANDSCAPE REGULATIONS PURSUANT TO CEQA GUIDELINES 15378 AND 15308.
COUNCIL ADOPTED VALUES
The staff recommendation is consistent with the Council adopted values of:
• Responsibility and vision: Adoption of the ordinance and adoption of the resolution furthers the Tonw’s efforts to reduce water use, ensures regulations are consistent with state law, and streamlines compliance requirements for development projects.
ANALYSIS
At the September 24, 2025 meeting, the City Council introduced Ordinance No. 827, amending Subchapter 5.11 Related to Water Efficient Landscaping of the Colma Municipal Code.
CONCLUSION
Staff recommends that the City Council adopt the ordinance.
ATTACHMENTS
A. Ordinance Amending Subchapter 5.11 Related to Water Efficient Landscaping AGENDA ITEM #4
I
- -
- -
• JI.• 4 II
Ord. --, Amending Subchapter 5 - Zoning Page 1 of 4
ORDINANCE NO. 827
OF THE CITY COUNCIL OF THE TOWN OF COLMA
AN ORDINANCE AMENDING SUBCHAPTER 5.11 TOF THE COLMA MUNICIPAL
CODE IN FURTHERANCE OF THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE, PURSUANT TO CEQA GUIDELINE 15378 & 15308
The City Council of the Town of Colma does hereby ordain as follows:
ARTICLE 1. RECITALS.
The City Council of the Town of Colma finds:
(a) Pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, safety, and welfare of the Town and its residents; and
(b) The City Council wishes to amend and update the Town’s planning, zoning, and land use regulations codified at Subchapters 5. 11 of Chapter 5 ( Planning, Zoning, Use & Development of Land & Improvements ) of the Colma Municipal Code to ensure compatibility with the State of California Model Water Efficient Landscaping Ordinance codified under Title 22, Division 2, Chapter 2.7 of the California Code of Regulations; and (d) The Zoning Code Amendment is necessary to ensure consistency with state law; and (e) The City Council conducted a duly noticed public hearing on September 10, 2025, at which time the City Council fully considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing; and
(f) It is expected that the ordinance will be exempt from further CEQA review pursuant to Section 15378 as it is more akin to general policy and procedure making not directly related to any specific activity or project. It is also exempt on a separate and independent basis under CEQA Guideline 15308 as a regulation authorized by state law and local ordinance for the protection of water resources.
(g) The requested amendments are desirable for the development of the community because it is consistent with and/or implements the General Plan goals and policies, including:
1. Goal LU -1: New development should complement existing development to create a distinctive community.
2. Policy LU-1-5: Clear and Predictable Development Standards. Strive to adopt and communicate clear and predictable development standards to ensure new development meets the expectations of the Town.
ATTACHMENT A
Ord. --, Amending Subchapter 5 - Zoning Page 2 of 4
3. Policy LU -2-2: Water Efficient Landscape. Apply the Water Efficient Landscape Ordinance to new development and projects that include a qualifying amount of replacement or new landscaping
(h) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety, and welfare of the community and is a valid exercise of the local police power and in accord with State law; and (i) All legal prerequisites to the adoption of this Ordinance have occurred.
ARTICLE 2. INCORPORATION OF RECITALS.
The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
ARTICLE 3. AMENDMENT.
The Colma Municipal Code Subchapter 5.11 is hereby amended as set forth in the attached Exhibit “A,” incorporated by this reference.
ARTICLE 4. SEVERABILITY. Each of the provisions of this Ordinance is severable from all other provisions. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
ARTICLE 5. CEQA. It is expected that the ordinance will be exempt from further CEQA review for pursuant to Section 15378 as it is more akin to general policy and procedure making not directly related to any specific activity or project. It is also exempt on a separate and independent basis under CEQA Guideline 15308 as a regulation authorized by state law and local ordinance for the protection of water resources.
ARTICLE 6. NOTICE OF DETERMINATION . Town staff is hereby authorized and directed to prepare, file, and post a Notice of Determination pursuant to CEQA with respect to the adoption of this Ordinance.
ARTICLE 7. EFFECTIVE DATE. This Ordinance, or a summary thereof prepared by the City Attorney, shall be posted on the three (3) official bulletin boards of the Town of Colma within 15 days of its passage and is to take force and effect thirty (30) days after its passage.
Ord. --, Amending Subchapter 5 - Zoning Page 3 of 4
I certify that the foregoing Ordinance No. --- was duly introduced at a regular meeting of the City Council of the Town of Colma held on September 24, 2025 and duly adopted at a regular meeting of said City Council held on October 8, 2025
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Ken Gonzalez, Mayor
Carrie Slaughter, Vice Mayor
Helen Fisicaro
Joanne F. del Rosario
Thomas Walsh
Voting Tally
Dated ______________________ ____________________________________ Ken Gonzalez, Mayor
Attest: _____________________________
Michelle Estabillo, City Clerk
Ord. --, Amending Subchapter 5 - Zoning Page 4 of 4
EXHIBIT “A”
Town of Colma
Guidelines for Implementation of the
Water Efficient Landscape Regulations
Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
Purpose
The Model Water Efficient Landscape Ordinance (WELO) (Title 22, Division 2, Chapter 2.7 of the California Code of Regulations) is a statewide landscape water conservation law codified under Colma Municipal Code Section (CMC) 5.11. The purpose of WELO is to promote the design, installation, and maintenance of landscaping in a manner that conserves water resources, by ensuring that landscape projects are not unduly water -needy and that irrigation systems are appropriately implemented to minimize water waste . These Guidelines serve as the procedural guidance for project applicants proposing landscape installation or a rehabilitated landscape that are subject to the requirements of WELO.
Applicability
Under CMC 5.11, new landscaping projects that require WELO review fall into two categories:
• New Construction: new building with a landscape area or other new landscape project equal to or greater than 500 square feet, such as a park, playground, or greenbelt without an associated building.
• Rehabilitated Landscape: landscape renovation project that requires a permit, plan check, or design review where the modified landscape area is equal to or greater than 2,500 square feet.
Performance Pathway and Review Thresholds
To determine if a project complies with WELO, applicant s must chose one of two compliance pathways, “prescriptive” or “performance”. Larger projects must comply with the “performance” requirements which require a higher level of review and more detailed documentation. Smaller projects may opt to comply with “prescriptive ” requirements which is a checklist approach that primarily focuses on meeting water budgets. The required performance pathway is determined by the size and type of landscaping proposed. The thresholds for the performance pathways are as follows.
• Less than 500 sq. ft. of landscaping: MWELO compliance is not required • 500 – 2,499 sq. ft. of landscaping: Prescriptive or Performance Compliance required (new construction projects only)
• More than 2,500 sq. ft. of landscaping : Performance Compliance required (new construction and/or rehabilitated projects)
Submittal Documentation
Projects must either comply with the Prescriptive or Performance requirements, not both. The following sections identify the standards and requirements for both prescriptive and performance compliance pathways. The WELO submittal checklist (page 2) shall be completed upon project submittal and identifies the required submittal documents.
Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
WELO Submittal Checklist
Prescriptive Compliance (500-2,499 sq.ft. of new construction landscaping) • Prior to Permit Issuance
□ WELO Project Data Table (page 3)
□ Planting Plan with the following elements:
□ Total Landscape Area (in sq.ft.)
□ Location and Identification of landscaping and landscaping materials □ Plant Legend (identifies all plant materials, number and sizes of all proposed plants, and WUCOL factors)
• Prior to Permit Closeout
□ Certificate of Completion Package (page 7)
□ Project Information
□ Certificate of Installation
□ Landscape and Irrigation Maintenance Schedule
Performance Compliance (2,500+ sq.ft. of landscaping)
• Prior to Permit Issuance
□ WELO Project Data Table (page 3)
□ Performance Compliance WELO Worksheet (page 4)
□ Soil Management Report
□ Landscape Design Plan
□ Irrigation Design Plan
□ Grading Plan
• Prior to Permit Closeout
□ Certificate of Completion Package (page 7)
□ Project Information
□ Certification of Installation
□ Soil Management Report
□ Irrigation Schedule
□ Landscape and Irrigation Maintenance Schedule
□ Irrigation Audit Report
Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
WELO Project Data Table
Project Information
Date:___________________ Property Address: _____________________________________ APN(s): _______________ Total Landscape Area (in sq.ft.): ___________________________ Project Type (Cemetery, institutional, private, home owner):____________________________ Water Purveyor: _______________________________________________________________ Water Supply Type (Circle One): Potable / Recycled / Well / Other: ______________________ Project is Prescriptive or Performance ______________________________________________ Property Owner Information
Name:________________________________________________________________________ Address:_________________________City:________________State:_____Zip Code:________ Email:___________________________Phone:__________________________ Applicant Information (if different than owner)
Name:________________________________________________________________________ Address:_________________________City:________________State:_____Zip Code:________ Email:___________________________Phone:__________________________ Design Professional Information (if different than applicant) Landscape Architect or Designer Name: _____________________________________________ Address:_________________________City:________________State:_____Zip Code:________ Email:___________________________Phone:__________________________ Signature
In the following statement, circle the compliance path option designated above and sign and date this sheet: “The information provided herein is true and correct to the best of my knowledge. I agree to comply with the requirements of the PRESCRIPTIVE / PERFORMANCE compliance option of the MWELO and submit a complete landscape documentation package.” ______________________________________ ___________________ Applicant Signature Date
Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
Performance Compliance WELO Worksheet
Instructions to fill out the Performance Compliance Worksheet can be found on page 5.
ETOa (in/year): _______________
MAWA = EToa x 0.62 x [ETAF x RLA + 1.0 x SLA] =
____________________________________________________________________________ The maximum ETAF allowed in the MAWA equation must be equal to 0.55 -- for residential regular landscape areas (RLA); 0.45 -- for non-residential regular landscape areas (RLA); 1.0 -- for special landscape areas (SLA)
A B C D E F
Hydrozone
(Number, letter,
or other
designation)
Plant
Factor b
“PF”
Irrigation
Efficiency
c “IE”
Evapotranspiration
Adjustment Factor ETAF
= PF / IE
Hydrozone
Area
(sq.ft.)
Estimated Water Use
“EWU” = D x E x ETOa x
.62 (gallons/year)
SLA NA NA 1.0
SLA NA NA 1.0
SLA NA NA 1.0
ETWU Total NA NA NA
MAWA NA NA NA
a Annual ETo for the nearest City
From Appendix C (Title 23
California Code of Regulations,
Division 2, Chapter 2.7)
b Plant Factor (PF) from WUCOLS:
Very Low = less than 0.1; Low = 0.1 -
0.3; Moderate = 0.4 - 0.6; High = 0.7 -
1.0 c Average Irrigation System
Overhead Irrigation = 0.75; Drip Irrigation =
0.81 Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
Performance Compliance MWELO Worksheet
Instructions
When the performance compliance option is selected, the project applicant or designee must complete the worksheet on page 4 . This form is required for submittal with the Landscape Documentation Package. Additional rows or multiple sheets should be used if there are more than 12 hydrozones. The ETWU (gallons per year) must be equal to or less than the MAWA (annual gallons allowed) to comply with MWELO.
Step 1: Reference Evapotranspiration.
Look up the Annual EToa value for the nearest City using the Reference Evapotranspiration (ETo) Table provided in Appendix C of Title 23 California Code of Regulations, Division 2, Chapter 2.7 and use this value in the EWU and MAWA calculations.
Step 2: Calculate the Maximum Applied Water Allowance (MAWA).
1. RLA is the total regular landscape area in square feet.
2. SLA is the total special landscape area in square feet.
3. MAWA is calculated based on the maximum ETAF allowed for the type of landscape areas for the landscape project and is expressed as annual gallons allowed.
4. Effective Precipitation. Per Section 493.3(b)(5), a local agency may consider Effective Precipitation (Eppt), (25% of annual precipitation) in tracking water use and may use the following equation to calculate MAWA:
i. Residential landscapes: MAWA = (ETo - Eppt) x (0.62) x [0.55 x RLA + 1.0 x SLA]
ii. Non-residential landscapes: MAWA = (ETo - Eppt) x (0.62) x [0.45 x RLA + 1.0 x SLA]
Step 3: Calculate the Estimated Total Water Use (ETWU). (a) Column A -- List each hydrozone using the label corresponding to the Landscape Design Plan.
(b) Columns B and C -- Complete the ETWU table for each hydrozone based on the plant factor (PF) and the average irrigation system efficiency (IE). The plant factor is found in Water Use Classification of Landscape Species (WUCOLS). (c) Column D -- calculate the ETAF for each hydrozone by dividing the PF (Column B) by the IE (column C); write the result in column D.
(d) Column E -- for each hydrozone measure and report:
i. Regular landscape area (RLA) as defined in Section 490.2(a)(72). i. Special landscape areas (SLA), as defined in Section 490.2(a)(79), are not included in RLA measurements.
Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
(e) Column F -- calculate the Estimated Water Use (EWU) for each hydrozone by multiplying columns D, E, EToa and 0.62 (conversion factor) and write the result in column F.
(f) ETWU -- is the sum of EWU for each hydrozone and is expressed as gallons per year.
Step 4: Compare ETWU with MAWA.
The ETWU (gallons per year) must be equal to or less than the MAWA (annual gallows allowed) to comply with MWELO.
Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
Certificate of Completion Package
This form must be completed and submitted to the Building Department prior to permit close- out. This certificate must be filled out by the project applicant or their landscape professional designee to certify that the landscape project has been installed in accordance with the Model Water Efficient Landscape Ordinance.
1. Prescriptive compliance option:: complete Element(s) 1,2,4, and 5
2. Performance compliance option: complete all 6 elements.
Element 1
Project Information
Applicant Name: _______________________________ Company:________________________ Property Owner Name (if different):______________________________ Project Name:______________________________________
Address:_________________________City:________________State:_____Zip Code:________ Email:___________________________Phone:__________________________ Water Purveyor: _____________________________________________________________ Water Supply Type (Circle One): Potable / Recycled / Well / Other: ____________________ Project Information
Address:_________________________City:________________State:_____Zip Code:________ APN(s): _______________ Meter Number(s) (if available): _____________________________ Element 2
Certification of Installation According to the Landscape Documentation Package Certification by the designer of record that the landscape project has been installed per the approved Landscape Documentation Package per Section 491.4 and the applicable documents:
1. Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included.
2. A diagram of the irrigation plan showing hydrozones shall be kept with the automatic irrigation controller for subsequent management processes “I/we certify that based upon periodic site observations, the work has been completed in accordance with the model ordinance and that the landscape planting and irrigation installation Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
conform with the criteria and specifications of the approved Landscape Documentation Package.”
______________________________________ ___________________ Primary Designer of Record Signature Date
______________________________________
Primary Designer of Record Name (print)
______________________________________ ___________________ Secondary Designer of Record Signature Date
______________________________________
Secondary Designer Name (print)
Element 3
Soil Management Report
Attach soil management report, if not previously submitted with the Landscape Documentation Package per model ordinance Section 491.4(b).
Attach documentation verifying implementation of recommendations from soil analysis management report per model ordinance Section 493.1.
Element 4
Irrigation Scheduling Parameters
Attach irrigation scheduling parameters used to set the automatic irrigation controller per model ordinance Section 493.4.
Element 5
Landscape and Irrigation Maintenance Schedule
Attach landscape and irrigation maintenance schedule per model ordinance Section 493.5.
Element 6
Irrigation Audit and Report
Attach Irrigation Audit Report per model ordinance Section 493.6.
Town of Colma
Water Efficient Landscape Ordinance
1198 El Camino Real, Colma, CA 94014
Phone: 650.757.8888
https://www.colma.ca.gov/
Guidelines for Implementation of the Water Efficient Landscape Regulations
Updated 7/30/25
Project Applicant Signature
“I/we certify that I/we have received copies of all the documents within the Certificate of Completion Package and that it is our responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance Schedule.”
______________________________________ ___________________ Project Applicant (or designee) Signature Date
Please answer the questions below:
1. Date the Landscape Documentation Package was submitted to the local agency __________
2. Date the Landscape Documentation Package was approved by the local agency __________
3. Date that a copy of the Water Efficient Landscape Worksheet (including the Water Budget Calculation) was submitted to the local water purveyor __________
Staff Report re Study Session – Cannabis Business in Colma Page 1
STAFF REPORT
TO: M
ayor and Members of the City Council
FROM: Dan Barros, City Manager
MEETING DATE: October 8, 2025
SUBJECT: Study Session – Cannabis Business in the Town of Colma
RECOMMENDATION
This item is a study session for information purposes only. No City Council action will be taken; the purpose of this item is to provide information on the cannabis industry within San Mateo County and discuss with City Council and members of the public the potential for Colma to incorporate the cannabis industry within its business landscape and provide direction to staff.
COUNCIL ADOPTED VALUES
The s
taff recommendation is consistent with the Council adopted values of:
• V is
ion
• Fairness
BACKGROUND
Medical cannabis use has been legal in California since 1996. In 2016 California voters approved Proposition 64 (the Control, Regulate and Tax Adult Use of Marijuana Act — AUMA), which legalized nonmedical use of marijuana by persons 21 years of age and over. AUMA outlined a state regulatory system governing the commercial cultivation, testing, and distribution of nonmedical cannabis, and the manufacturing of nonmedical products. The legislation also introduced state excise and cultivation taxes.
After AUMA voter approval, the State Legislature passed SB 94, the “Medical and Adult-Use Cannabis Regulation and Safety Act” (MAUCRSA), combining existing medical and adult-use cannabis regulation into one licensing structure overseen by a newly established “Bureau of Cannabis Control” (BCC). The BCC began issuing commercial cannabis licenses in 2018.
However, MAUCRSA also provides for “dual licensing” of commercial cannabis activities, necessitating both state and local permitting to operate cannabis businesses.
State law gives local governments the authority to adopt and enforce local ordinances to regulate licensed cannabis businesses, including land use requirements (e.g., zoning) and/or business licenses. Local jurisdictions may also establish regulations regarding health and safety, environmental protection, testing, security, food safety, and worker protections that exceed state standards. Furthermore, local governments can prohibit cannabis businesses within their jurisdiction.
AGENDA ITEM #5
Staff Report re Study Session – Cannabis Business in Colma Page 2
ANALYSIS
The State’s regulatory framework seeks to protect consumers by requiring licensed businesses to adhere to strict standards for product safety and information. California regulations focus on ensuring cannabis products are free from contaminants, accurately labeled, and packaged appropriately. Furthermore, it is still illegal to consume cannabis in public, drive under the influence of cannabis, or transport cannabis across state lines. Importantly, State law established an excise tax of 15 percent on purchasers of cannabis and cannabis products, and a cultivation tax (eliminated in 2022), with tax exceptions for medical cannabis.
Local Power to Regulate Cannabis
California law sets up a comprehensive system governing cannabis business at the State level while also allowing local governments to regulate cannabis and related activities. Within San Mateo County, 10 cities allow at least one cannabis business type and 10 cities prohibit all cannabis business types, including Colma (2022 survey). In unincorporated county areas, the County allows cultivation. In general, Cannabis businesses are categorized into six types for regulatory purposes. Table 1 presents an overview of local jurisdiction cannabis regulation in San Mateo County (
Note: Green indicates local regulatory allowances).
Table 1 San Mateo County Local Cannabis Regulations (2022 Survey)
Retail
Storefront
Retail
Delivery Distribution Manufacturing Cultivation Testing San Mateo County 0 0 0 0 1 0
Atherton 0 0 0 0 0 0
Belmont 0 0 0 0 0 0
Brisbane 0 1 1 1 0 1
Burlingame 0 1 0 0 0 0
Colma 0 0 0 0 0 0
Daly City 1 1 0 0 0 1
East Palo Alto 0 0 0 0 0 0
Foster City 0 0 0 0 0 1
Half Moon Bay 0 0 0 0 1 0
Hillsborough 0 0 0 0 0 0
Menlo Park 0 0 0 0 0 0
Millbrae 0 0 0 0 0 0
Pacifica 1 1 1 1 0 1
Portola Valley 0 0 0 0 1 0
Redwood City 1 1 0 0 1 0
San Bruno 0 0 0 0 0 0
San Carlos 0 0 1 1 1 1
San Mateo 0 0 0 0 0 0
South San Francisco 0 1 1 1 1 1
Woodside 0 0 0 0 0 0
Source: California Department of Cannabis Control, Updated 2022 -------~ - --
----~ --
Staff Report re Study Session – Cannabis Business in Colma Page 3 Storefront Retail – Retail storefronts that sell cannabis are referred to as “dispensaries.” After an initial period of rapid growth, cannabis dispensary openings in California have slowed, with the number of new active licenses declining in recent years. The market is characterized by consolidation, increased competition, and challenging business conditions. Statewide retail sales have been declining since 2021. However, opportunities for new cannabis retail establishments may exist in underserved markets and locations.
Retail Delivery – Retail cannabis is commonly supplied to consumers at private residences via delivery service. The COVID-19 pandemic accelerated the use of cannabis delivery services, a trend that has persisted. Consumers appreciate delivery for its convenience, discretion, and accessibility.
Distribution – Cannabis distribution refers to the transporting wholesale cannabis (i.e., excluded retail delivery), along with related services. Distributors may move cannabis and cannabis products between cultivation, manufacturing, or distribution premises; move finished cannabis goods to retail premises, provide storage services, and/or arrange for testing of cannabis goods. Distribution businesses typically require industrial real estate locations, along with a vehicle fleet.
Manufacturing - Cannabis manufacturing transforms raw plant material into finished products, including edibles, vape cartridges, tinctures, and topicals. Manufacturing requires specialized extraction equipment, commercial kitchens, and/or other facilities for processing. The State requires unique permitting for cannabis manufacturing businesses that use volatile solvents (i.e., flammable gas or vapor). Manufacturing businesses typically require industrial real estate locations.
Cultivation – Cannabis can be grown using a variety of methods, including at outdoor sites and indoor facilities. Outdoor licenses are for cultivators who grow cannabis outside without using any artificial lighting on mature plants. Indoor licenses are for cultivators who grow cannabis in a permanent structure using artificial lighting. Mixed-light licenses are for cultivators who grow cannabis in a greenhouse or similar structure. Outdoor growing occurs on agricultural sites while indoor commercial growing typically occurs in warehouses.
Testing – In California, all cannabis goods must be tested by a licensed testing laboratory before sale. Testing ensures that cannabis does not contain harmful contaminants. To comply with State permitting, cannabis testing labs in California must maintain International Organization for Standardization (ISO) accreditation. Laboratory testing typically requires clean rooms and sophisticated heating, ventilation, and air conditioning (HVAC) systems. Laboratories are found in industrial and office real estate types.
FISCAL IMPACT
There is no fiscal impact in reviewing the cannabis activity within San Mateo County and discussing its potential for Colma. Future outreach efforts for both residents and businesses alike are likely to yield minimal expenses to ensure the information is received which the Town is currently budgeted for. A future ordinance allowing for cannabis business within the Town of Colma has the potential to generate revenue for the Town. However, this would not be automatic, and the Town would need to build in a financial mechanism to financially benefit on Staff Report re Study Session – Cannabis Business in Colma Page 4 allowing the use. This would likely be through a tax measure on cannabis uses which is contingent on the voters approving it.
ENVIRONMENTAL
The City Council’s action in holding a study session is exempt from environmental review pursuant to CEQA Guideline 15306 as information collection to gather information from both the Council and public on allowing cannabis uses. No approval or action will be taken at the study session and any future allowance would be subject to independent CEQA review.
CONCLUSION
Staff is seeking guidance and direction from the City Council regarding allowing commercial cannabis activity in Town.
After receiving information from staff, Council may elect to direct staff to host a series of community meetings with both residents and business alike to seek additional feedback on this topic in more depth. Such meetings may offer more insight into the level of public support for cannabis and also help identify any specific types of business ventures that are equipped to succeed for Colma. This feedback is critical so that City Council can provide future direction for a potential local ordinance to allow retail, delivery, distribution, manufacturing, testing and/or cultivation in Colma. This process will offer City Council the ability to indicate policy preferences, such as the number, location, business license obligations, taxation level, and/or other possible local regulatory requirements for cannabis businesses. Council may also express disfavor for one or all of the cannabis business types described above.