20230905_7_On Call Tree Maintenance Services — Laguna Niguel City Council, September 5, 2023

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: September 5, 2023
SUBJECT: Approval of Maintenance Services Agreement for Citywide On-Call Tree Maintenance Services with Golden West Arbor Services, Inc.

RECOMMENDATION
Staff recommends that the City Council:

1. Award the Maintenance Services Agreement for Citywide On-Call Tree Maintenance Services to Golden West Arbor Services, Inc. in the not-to-exceed amount of $250,000 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods;

2. Approve a not-to-exceed 20% contingency per year of the total contract in the amount of $50,000 per year for Fiscal Year 2023-24 through 2025-26 for unforeseen conditions or additional work and authorize the Public Works Director/City Engineer to approve change orders to the agreement with Golden West Arbor Services, Inc., for a total not-to-exceed amount of $300,000 per year if needed; and,

3. Authorize the City Manager to execute the Maintenance Services Agreement and future amendments to the agreement for Citywide On-Call Tree Maintenance Services with Golden West Arbor Services, Inc., subject to the City Attorney making non-substantive changes.

BACKGROUND
An urban forest is a dynamic ecosystem that is comprised of a collection of trees or woody vegetation that grow within and around a city. The City of Laguna Niguel's urban forest consists of approximately 7,500 trees of varying species located within City-owned facilities, parks, and public spaces such as recreational trails, roadway medians, slopes, and rights-of-way. A healthy urban forest provides numerous benefits to the community including improved air and water quality, energy conservation, increased property values, noise reduction, and temperature regulation. The City utilizes contracted tree maintenance services to provide the community with an attractive, safe, and sustainable urban forest.

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Contract services play a key role in the delivery of maintenance and emergency response as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 3 (Open Space and Environmental Preservation) of the City's adopted Strategic Plan, the Public Works Department relies on a tree maintenance contractor to maintain the City's urban forest.

ANALYSIS
In July 2023, staff published a Request for Proposals (RFP), shown as Attachment "A", to identify the most qualified contractor to provide tree maintenance services for City facilities, parks, and public spaces. The goal of the RFP was to award a qualified contractor to adequately cover the City's needs and respond to requests quickly and efficiently.

The RFP for Citywide on-call tree maintenance required bidders to furnish unit price and hourly rates, to include pricing for tools and materials, and for all administration, labor and equipment necessary to provide the maintenance services. The bidders must be able to perform tree maintenance services, including but not limited to tree pruning, tree removal, stump removal, tree planting, tree inspection, arborist reports, treatment for pests and diseases, tree inventory program and emergency response.

In response to the RFP, four proposals were received. The proposals were evaluated based on the following four criteria: (1) Proposal Cost; (2) Completeness of the Proposal; (3) Qualifications and Experience; and (4) Quality of Goods and Support Facilities. The Proposals Evaluation Summary can be found as Attachment "B". The table below displays the contractor, evaluation ranking and comparable flat rate for all received proposals.

Comparable Unit Price:

Evaluation
Contractor Pruning Trees with Trunk
Ranking Diameter between 0"- 6"
Golden West Arbor Services, Inc. $20
(Recommended)
Great Scott Tree Services, Inc. 2 $25
Brightview Tree Care, Inc. 3 $39
West Coast Arborists, Inc. 4 $45
Pursuant to Laguna Niguel Municipal Code Section 3-6-9, maintenance contracts of an estimated expenditure of $50,000 or more must be awarded based on the responsiveness of the bids to the RFP, the qualifications and experience of the contractors, and cost.

After a thorough review of the proposals received and based on all relevant factors, staff believe Golden West Arbor Services, Inc. represents the best overall value to provide the on-call tree maintenance services to the City.

Golden West Arbor Services, Inc. is a tree maintenance company with experience in providing comprehensive tree maintenance services for municipal customers throughout Southern California. Notable customers are the Counties of San Bernardino and Los

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Angeles, and the City of Cerritos. Reference checks for Golden West Arbor Services, Inc. indicated that they are very responsive and easy to work with and provide excellent service. Golden West Arbor Services, Inc. has both ISA Certified Arborists and ISA Tree Risk Assessment Certified Arborists on staff, who are fully qualified to perform high quality services related to tree health, maintenance, and safety.

Staff recommends that the City Council approve the Maintenance Services Agreement with Golden West Arbor Services, Inc. in the not-to-exceed amount of $250,000 per year for Fiscal Years 2023-24 through 2025-26, subject to extension administratively for two additional one-year periods. In addition, the Agreement will include a not-to-exceed 20% contingency per year of the total contract value in the amount of $50,000 for unforeseen conditions or extra work for a total not-to-exceed amount of $300,000 per year. The Maintenance Services Agreement with Golden West Arbor Services, Inc. can be found as Attachment "C" ", whereby the RFP will be attached as Exhibit A, Scope of Services.

ALTERNATIVES CONSIDERED

1. The City Council may direct staff to reject all proposals and rebid the RFP for Citywide on-call tree maintenance services. Staff believes that rebidding the RFP will not result in more desirable bids.

2. The City Council may decide not to approve any contracts for on-call tree maintenance. This alternative is not recommended because the City's urban forest is a vital component of the City's environment, and the City will not have a contractor to maintain its trees.

FISCAL REVIEW
The Fiscal Year 2023-24 Public Works Department budget includes sufficient funds for the on-call tree maintenance services provided by Golden West Arbor Services, Inc.

Subject to City Council approval, funding for this program will continue to be budgeted in subsequent fiscal years.

LEGAL REVIEW
The City Attorney's Office has reviewed the Maintenance Services Agreement and has approved the document as to form.

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CONCLUSION
Staff recommends that the City Council:

Public Works Director/City Engineer
SLatt Irame
Scott Frame
Acting Maintenance Services Manager
Attachments:

A. RFP for On-Call Citywide Tree Maintenance Services
B. Proposals Evaluation Summary
C. Maintenance Services Agreement with Golden West Arbor Services, Inc.

ATTACHMENT A
RFP for Citywide On-Call Tree
Maintenance Services
TY Of LAGU LA NIGUET

SEA COUNTA
1989

CITY OF LAGUNA NIGUEL

REQUEST FOR PROPOSALS FOR ON-CALL

CITYWIDE TREE MAINTENANCE SERVICES
Proposals must be received by:

Due Date: July 21, 2023
At 5:00 P.M.

Table of Contents
SCOPE OF SERVICES ... 13
INTRODUCTION 13
QUALIFICATION 13
PERFORMANCE STANDARDS. 2
DEFICIENT IN PEFORMANCE 2
TREE INVENTORY MANAGEMENT 3
MOBILE APPLICAITON 3

SCHEDULES
ANNUAL SCHEDULE.

WEEKLY SCHEDULE

PERFORMANCE DURING INCLEMENT WEATHER
PERFORMANCE ON SCHEDULE ..

HOLIDAY SCHEDULE

SERVICE HOURS

EMERGENCY RESPONSE

MEETINGS
SAFETY 7
EQUIPMENT, TOOLS, AND SUPPLIES. 8

VECHILE
VEHICLES LOGO.

EQUIPMENT NOISE 8
WATER USAGE.

DAMAGES
CONTROL OF WORK 12
CONTRACT TERM 12
INITIAL YEARS OF SERVICE.. 12
NINETY CALENDAR DAYS EXTENSION OPTION 12
REDUCTION 13
LABOR 14
LABOR CODE 14
PREVAILING WAGE 14
TRAVEL AND SUBSISTENCE PAYMENTS 14
WORKER'S COMPENSATION 14
FAIR EMPLOYEMENT PRACTICES 14
RECORDS 15
PERSONNEL 15
AREA MANAGER 15

ARBORIST

SUPERVISOR

GENERAL EMPLOYEE GUIDELINES

BACKGROUND

CONDUCT
HEALTH

MINIMUM MANPOWER
BACKUP STAFF 17

REPLACING KEY PERSONNEL

NON-DISCRIMINATION
REMOVAL OF ITEMS 17
TRAINING 17
INVENTORY AND TRIM FREQUENCY 18
RESPONSIBILITIES OF THE CONTRACTOR 23
LICENSES/PERMITS. 23
CONTRACTOR'S OFFICE/FACILITIES 23
INSURANCE 23
SAFETY 24
PROTECTION AND RESTORATION 24
UNIFORMS AND APPEARANCE... 24
WORKSITE LIMITS 24
PROSECUTION OF THE WORK.. 25
GENERAL ENVIRONMENTAL REQUIREMENTS 25
WATER CONSERVATION 26
WATER POLLUTION 26
INCIDENTAL WORK 26
PAYMENT.. .. 27
AUTHORIZTION TO PERFORM SERVICES. 27
INVOICING 27
RFP INQUIRY FORM 28
RESPONSES TO SCOPE OF SERVICES. 29
PROPOSAL FORM .. 30
PROPOSAL FEE SHEET: LABOR.. 32
SUBCONTRACTORS 36
QUESTIONNAIRE: FIRM INFORMATION 37
QUESTIONNAIRE: FIRM EXPERIENCE 39
QUESTIONNAIRE: FIRM PERSONNEL 41
QUESTIONNAIRE: EQUIPMENT 42
QUALITY CONTROL PLAN 43
QUESTIONNAIRE: SUPPORT FACILITIES. 43
QUESTIONNAIRE: COMPANY FINANICAL CONDITION. 44
PROPOSAL AFFIDAVIT... 45
PAST CONTRACT DISQUALIFICATIONS/TERMINATIONS 46
STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS 47
WORKERS' COMPENSATION INSURANCE CERTIFICATE 48
SAMPLE MAINTENANCE SERVICES AGREEMENT.. 50

INSTRUCTIONS TO PROPOSERS
Purpose. The City of Laguna Niguel ("City") is seeking proposals for On-Call Tree Maintenance Services for the City of Laguna Niguel as described in Exhibit A - Scope of Services.

Contract Term. The initial contract term shall be for a period of three (3) years* effective from date of award. The City reserves the right to cancel at any time if services rendered are unsatisfactory. The City also reserves the right to extend the term of this contract for two (2) additional one (1) year extensions subject to satisfactory negotiation of terms and the annual availability of an appropriation.

Such nominations of extensions will be made no later than ninety (90) days from termination date.
* Depending upon when the contract will be awarded, this may be different.

3. California Department of Industrial Relations (DIR) Requirements.

The Bid Proposal of a Bidder who is not a DIR Registered Contractor when the Bid Proposal is submitted will be rejected for non-responsiveness.

4. Prevailing Wages. The Contractor shall pay a prevailing rate of wage for work described in the Contract's scope of work and ensure compliance with state prevailing wage law. Consistent with state law, the wages that the Contractor pays its employees must be altered annually, after the first year of the Contract period, to recognize and follow the increase in applicable prevailing wage rates promulgated by the Department of Labor and Industries.

5. Examining of Proposal Documents. The submission of a proposal shall be deemed a representation and certification by the Contractor that they:

A. Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of this proposal.

B. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.

Represent that all information contained in the proposal is true and correct.

Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer regarding the amount, terms or conditions of this proposal.

E. Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.

F. 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.

Have contemplated and included any and all increases in prices or wages as a result of, but not limited to minimum or prevailing wages, and the Consumer Price Index or any other such indices in its cost proposal, for the entire length of the Contract term as described herein. Any failure of the Contractor to incorporate such price or wage increases in its cost proposal will not obligate the City to make any increases in not-to-exceed amounts during the term of the resultant Contract.

Measurements - Contractor's (Proposer's) Responsibility. It is the Contractor's responsibilities to verify all measurements, materials or any other information pertaining to this RFP service. Furthermore, it is the proposer's responsibilities to bring any discrepancies in the information provided by the City in the RFP to the City's attention prior to the proposal's deadline.

7. Plane bids co. The City is not responsible for the accuracy or compalanes or RFP documents obtained from any source other than the Planetbids.com.

8. REP Schedule. The City reserves the right to modify this RFP Schedule as needed and will issue an addendum, if the Schedule is modified for the deadline to submit the Response. The following is an outline of the anticipated schedule for proposal review and contract award:

Milestone Tentative Target Dates
City Release of RFP 5/26/23
Pre-Bid Meeting & Job Walk N/A
Final Questions Due No Later than 6/23/23
*Must use Attachment X - RFP Inquiry Form and 5:00 P.M. submit to PlanetBids Portal.

Addendum Issuance 6/30/23
5:00 P.M.

Proposal Due 7/21/23
All proposals to be uploaded to Planetbids.com 5:00 P.M.

Notification of Selection By 8/4/23
Tentative Contract Execution Aug 2023
RFP Questions and Inquires. Questions and inquiries must be presented on the RFP Inquiry Form (enclosed herein) and submitted to the Planetbids online portal.

10. Addenda. Any City of Laguna Niguel changes to the requirements will be made by written addendum to this RFP.

A. The City of Laguna Niguel will not be bound to any modifications or deviations from the requirements set forth in this RFP as the result of oral instructions.

B. The City will not distribute Addenda. Any addendum pertaining to this RFP will be posted on Planetbids. com and the City's posting of Addenda on this webpage is deemed as the City's distribution of Addenda.

C. Contractors shall acknowledge the number of addenda issued on the Proposal Form. Failure to acknowledge receipt of all addenda may cause a proposal to be deemed non-responsive.

11. Submittal of Proposals.

Proposals shall be submitted to the Planetbids.com portal.

All proposals must be submitted on the City forms. The proposals must be submitted by the time and date as noted on the cover page.

A. The date and time of the emailed proposal shall be the official record of receipt.

B. Late Proposals will not be accepted. It is the Contractor's responsibility to see that the proposal is received at the proper time.

C. No FAX submittals will be accepted
The proposal must be submitted in Adobe Acrobat format.

E. See the Responses to Scope of Services for the checklist and organization F. of the proposal submittals.

12. Review and Selection Process. The best value bid will be determined by the City from a thorough evaluation of all factors. At the City's discretion, companies submitting proposals may be asked to interview with City Staff to clarify work plans and to ensure the contractor has a complete understanding of City expectations.

EVALUATION CRITERIA POINTS
Cost to the City.

This portion of the proposal will be evaluated based on the reasonableness of the proposed costs. Costs will be evaluated on costs 50 the City or other comparable public agencies have paid for similar services, and in accordance with what is to be considered with the industry's standard and customary costs for the Services.

Completeness of the proposal:
• Answer all questions and complete all forms as provided in this RFP. 10
• Submit in an organized fashion as required under Response to the Scope of Service.

Qualifications & Experience
• Firm Experience & Performance
• Firm Personnel 25
• References
Quality of Goods and Support Facilities
• Equipment
• Support Facilities
In order to allow staff to evaluate the proposal, the attached questionnaire must be completed and returned accurately and fairly with the proposal package. Failure to submit this questionnaire in its entirety will disqualify your proposal.

Contractors failing to provide adequate information on any issue in a timely manner necessary to allow a comprehensive evaluation by the City will be considered unresponsive and their proposals may be subject to rejection at the City's sole discretion.

Please be assured that your response will be confidential and will not be shared with other contractors. For additional assurance the Contractor may stamp all Questionnaire pages "Confidential".
*The Contractor's performance with the City on either the current or previous contract service will be considered as part of the evaluation process. Please note, the history of performance deficiency will lower the ranking score for the Contractor.

13. City's Right to Negotiate. The City reserves the right to negotiate with the top- ranked Contractor on any aspect of the services and products (if applicable) at its sole discretion. In the event that information or pricing submitted by the Contractor is unclear to the City, the City may request additional information and/or pricing breakdowns from that Contractor. The Contractor must answer, in writing, such requests for additional information and/or clarification; these responses will become part of the vendor's proposal.

If the negotiation is unsuccessful with the top-ranked Contractor, the City may then go down the line of Contractors according to rank and negotiate with the next highest-ranking Contractor. Lower-ranking Bidders do not have a right to participate in negotiations conducted in such a manner.

14. Method of Award. The City reserves the right to reject any or all offers, to waive any discrepancy or technicality and to split or make the award in any manner determined by the City to be most advantageous to the City. The City recognizes that costs are only one of several criteria to be used in judging an offer and the City is not legally bound to accept the lowest offer.

If a proposal is accepted, the City will enter into a contractual agreement with the selected Contractor. If an agreement cannot be reached, negotiations with the second ranking Contractor shall commence.

15. Notification of Award. The selection committee will make a recommendation to the awarding authority. The acceptance of the proposal will be evidenced by written Notice of Award from the City's Public Works Department to the successful Contractor.

Contractors who submit a proposal in response to this RFP shall be notified by email regarding the firm who was awarded the contract.

16. Contract Requirement. The Contractor to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal.

The contract shall be made in the form adopted by the City and incorporated in these specifications.

17. Rights of the City of Laguna Niguel. The City reserves the right to accept or reject any or all proposals, waive any informalities or irregularities in the proposals, request additional information or revisions to the proposals, and to negotiate with any or all Contractors.

A. The City of Laguna Niguel reserves the right to withdraw this RFP at any time without prior notice and the City of Laguna Niguel makes no representations that any contract will be awarded to any Contractor responding to this RFP.

B. The City of Laguna Niguel reserves the right to postpone the proposal opening for its own convenience.

C. The City of Laguna Niguel reserves the right to issue a new RFP for the work.

D. Proposals received by the City of Laguna Niguel are subject to public inspection under the California Public Records Act (Government Code Section 6250 et seq.), unless exempt and will be made available upon request after award.

E. Proposals submitted are not to be copyrighted.

The City of Laguna Niguel reserves the right to require confirmation of information furnished by any Contractor and/or request any Contractor to provide additional evidence of qualifications to successfully perform the work.

G. The City of Laguna Niguel reserves the right to hold discussions and/or negotiations with any individual or qualified firm, to interview or not, to request additional information or revised proposals or to request best and final offers (BAFO) if it is in the best interest of the City to do so. However, the City may make an award without conducting any interviews or negotiations; therefore, Contractors are encouraged to submit their best proposal at the outset.

18. Withdrawal of Proposals. Contractor may withdraw their proposal any time before the date and time when proposals are due, without prejudice, by submitting a written request for withdrawal to the City Public Works Director. Verbal withdrawal requests or withdrawal requests by telephone will not be accepted by the City.

19. Criminal Background Check. The contractor is required to provide security checks for all personnel assigned to work under this contract. The Contractor will be responsible for the costs associated with this process. Additional checks will be required for all new employees during the lifetime of the contract and all expenses shall be borne exclusively by the contractor. The City reserves the right to approve/refuse any prospective employees of the contractor as a result of the background check.

20. Submittal References. Each Contractor shall submit a list of references on the form provided in the RFP package.

21. Disqualification. Factors such, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

A. Evidence of collusion, directly or indirectly, among Contractor regarding to the amount, terms, or conditions of this proposal.

B. Any attempt to improperly influence any member of evaluation team.

C. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer, and the City.

D. Evidence of incorrect information submitted as part of the Proposal.

E. Evidence of Contractor's inability to successfully complete the responsibilities and obligation of the proposal.

Proposer's default under any previous agreement with the City, which results in termination of the Agreement.

22. City Request for Additional Information. The City reserves the right to request additional information to clarify the proposals.

23. Insurance Requirement. It is required that every Contractor/Firm/Vendor working for the City shall meet the minimum insurance requirements. The purpose of this submittal is to generally assess the adequacy of the Contractor's insurance coverage during proposal evaluation. Endorsements are not required until contract award
A. The Contractors are required to complete the Insurance Acknowledgement form as part of the Proposal submittal.

B. Worker's Compensation Form
C. Sample of the Insurance Certificate is provided for reference.

24. Pre-Contractual Expenses. The City of Laguna Niguel shall not, in any event, be liable for any pre-contractual expense incurred by the Contractor in the preparation of its proposal. Pre-contractual expenses are defined as expenses incurred by the Contractor in:

A. Preparing its proposal in response to this RFP
B. Submitting its proposal to the City of Laguna Niguel C. Any other expenses incurred by Contractor prior to date of award.

25. Joint Offers. Where two or more Contractors desire to submit a single proposal in response to this RFP, they shall do so on a prime-sub-Contractor basis rather than as a joint venture. The City of Laguna Niguel intends to contract with a single firm and not with multiple firms doing business as a joint venture.

26. Non-Conforming Proposal. A proposal 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.

27. Public Records. Proposers are hereby informed that all submitted proposals shall become the property of the City upon receipt. Submitted proposals shall be subject to disclosure pursuant to the California Public Records Act. Therefore, confidentiality notices included in proposals such as notices stating that a proposal is confidential and may not disclosed, or that the proposal contains trade secrets or confidential, proprietary information, shall have no force or effect and shall be disregarded. However, following submission of proposals, no submitted proposal shall be publicly disclosed until: (i) a recommendation to award a contract to a specific proposer is made to the City Council; (ii) all proposals are rejected; or (iii) the procurement process is terminated.

END OF INSTRUCTIONS TO PROPOSERS

SCOPE OF SERVICES

INTRODUCTION
The City of Laguna Niguel is seeking an experienced firm/company to provide citywide on- call tree maintenance services on an as-needed basis.

The work to be performed shall consist of furnishing all necessary labor, tools, materials, appliances, and equipment necessary to maintain the trees that belong to the City of Laguna Niguel. The services include trees and large shrubs that have been inventoried, as well as non-inventoried large shrubs and trees.

General locations include the public right-of-way, medians, slopes, parks, adjacent to city facilities, trail, slopes, parks, and other areas where trees are under the jurisdiction of the City of Laguna Niguel. Trees to be serviced will be provided on an on-call as-needed basis and may consist of individual trees located throughout the City. All work performed by the Contractor shall be professional, current with the times utilizing state-of-art methods and equipment considered to be acceptable under existing tree care standards.

The actual work to be performed, contract requirements and compensation procedures are defined in the Performance Section of these documents.

Included in the work shall be the maintaining of a tree management/inventory system.

This work shall provide accurate inventory updates for all trees serviced and be compatible with the existing City of Laguna Niguel tree GPS inventory database.

Additionally, highly technical tree health and risk evaluations and assessments shall be provided upon request. All staff performing this work shall be fully trained and qualified to provide these services.

The term "Contractor" will be referred as an individual, partnership, corporation, joint venture, or other legal entity entering into a contract with the City to perform the work.

The purpose of this request for proposal (RFP) is for the City to select multiple firms (herein after referred to as "bidders") and are welcome to submit a proposal for each facility.

QUALIFICATION
Contractor shall provide a detailed Scope of Services demonstrating the Contractor's understanding of the City of Laguna Niguel's needs and requirements. The following minimum qualifications are desired:
• Tree Work: C-61 Limited Specialty Classification/D-49 Tree Service Contractor Tree Pest Control and Planting: C-27 Landscaping Contractor • The firm has been in business for a minimum of 10 years. • Contract value over $200,000 per service annually

SERVICES TO BE PROVIDED
• Tree Pruning
• Tree Removal
• Stump Removal
• Root Pruning
• Tree Planting
• Tree Staking
• Removal of Hazardous Branches
• Removal of tree debris and/or tree trimmings
• Worksite Cleanup
• Traffic Control
• Repair of Damaged Sprinklers
• Repair or Replacement of Damaged Fences or Walls
• Soil Replacement
• Damaged Tree and /or Shrub Replacement
• Maintenance and Collection of Tree Inventory Data
• Preparing and Delivering Technical Tree Reports
• Distribution of No Parking Signs and Door hangers
• Contact with the Public
• Employee Uniforms with Company Logo or Designation
• Vehicles and Equipment with Company Logos or Designation. • Other Services Set Forth in this Agreement.

PERFORMANCE STANDARDS
All work on public trees shall be in accordance with the most current edition of the following industry standards: ANSI A300 and ANSI Z133.

DEFICIENT IN PEFORMANCE
The Contactor shall be notified both verbally and in writing each time its performance is unsatisfactory and corrective action is necessary. The Contractor shall complete corrective action subsequent to verbal notification. Failure to correct the deficiency shall result in the deduction of payment.
2 TREE INVENTORY MANAGEMENT
The Contractor shall provide and maintain at no cost an Online Tree Inventory and Account Management System. This system shall be accessible from the office or the field 24 hours a day, seven days a week. This system shall maintain, and track work history as related to tree maintenance work types, schedule future work and manage approved budgets. The system shall provide for GPS geo-fence on the City of Laguna and tracking of all crews working in the City.

The GPS tree inventory shall be created with a new database using the City's standardized addressing system for all medians, slopes, rights-of-way/greenbelts, parks, and facilities. The Contractor shall be required to create/maintain an ESRI AcrView/ArcGis compatible "shape file". ". The new inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW, etc.). the Contractors tree inventory shall be conducted by visiting each tree site or vacant planting stie and plot the position. The data shall be compatible with the latest version of ArcView. Minimum accuracy shall not be more than one (1) submeter.

Inventory shall be updated each year during scheduled tree maintenance and include all areas serviced. Inventory updating shall be included in the trim costs. Updating inventory outside of yearly scheduled maintenance areas shall be billed per the extra work cost sheet.

MOBILE APPLICAITON
The tree inventory program must include a mobile application for field use. All data must reflect live data as it exists in the tree inventory program. The functionality of the mobile application shall include, but not be limited to:
• Compatible with Android systems.
• Usable for precision mobility view as use moves through canopied areas. • Multiple layering feature including aerial imagery and street names. • Display tree icons base on precise GPS coordinates.
• Illustrate live work history records.
• Allow a function that permits live data updates.
• Update as new work records are modified.

TREE HEALTH/RISK ASSESSMENT REPORT
The Contractor may be required to complete a Comprehensive Tree Risk Assessment when requested. The Contractor shall utilize a form with the company letterhead and include similar information to the most recent International Society of Arboriculture Basic Tree Risk Assessment Form. This information shall include, but not be limited to:

Client Name, Date, Time Tree Location and I.D. #
Tree Species, DBH, Height, Crown Spread Target Assessment: and other information Site Factors: and other information Tree Health and Species Profile:

Load Factors: and other information
Tree Defects and Conditions Affecting the Likelihood of Failure Crown and Branches: and other info. Trunk: and other information Roots and Root Collar: and other info. Risk Categorization: and other information Likelihood Matrix Risk Rating Matrix
Notes, Explanations, Descriptions Mitigation Options
Overall Tree Risk Rating Residual Risk
Recommended Inspection Interval Advanced Assessment Needed Inspection Limitations
Payment: Payment for this work shall be included for all work in each line item on the proposal sheet. There shall be no charge for the online tree inventory and account management system.

WILDLIFE AVOIDANCE / MIGRATORY BIRD TREATY ACT COMPLIANCE There are many federal and state laws and regulations pertinent to wildlife and the tree care and landscape industry in California. Of particular note, is the Migratory Bird Treaty Act. The Contractor shall make sure that tree care workers are qualified with proper training on inspecting for birds and other wildlife during tree care operations.

PLANT HEALTH CARE PLAN AND INTREGATED PEST MANAGEMENT
The Contractor shall develop a comprehensive plant health care program with goals of how to manage the health structure and appearance of plants and trees in the landscape when requested. As part of that plan, there should be an Integrated Pest Management strategy. This strategy is a method of controlling plant pests by combining biological, culture, mechanical, physical and/or chemical management strategies. This plant health care program shall be included in the tree health/risk assessment report if necessary.

SCHEDULES

ANNUAL SCHEDULE
At the beginning of each fiscal year the Area Manager and/or proper representatives and the City Superintendent and/or proper representatives shall meet to discuss the approved fiscal budget for tree work. The annual goals and objectives shall be discussed, and a schedule established.
4 WEEKLY SCHEDULE
The weekly schedule form shall indicate the major items of work in accordance with the PERFORMANCE sections and further delineate the time frames for accomplishment by day of the week and by morning and afternoon. The Contractor shall complete the schedule for each item of work and each area of work. Thereafter, it shall be submitted weekly on the day and time mutually agreed upon by the Contractor and the Inspector.

Failure to supply the weekly schedule shall result in the deduction and forfeit of One Hundred Dollars ($100.00) from payments to the Contractor for every calendar day the schedules are not received. Changes to the schedule shall be received by the Inspector at least twelve (12) hours prior to the scheduled time for work. Failure to notify of a change and/or failure to perform an item work on a scheduled day may result in deduction of payment for that date or work, even though the work is performed on a subsequent.

The Contractor shall adjust his schedule to compensate for all holidays.

PERFORMANCE DURING INCLEMENT WEATHER
When periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather.

The prime factors in assigning work shall be the safety of the work force and safety of the public, damage to City property/trees, in that order. All safety foul weather gear for all the workers shall be provided by the Contractor when working in inclement weather.

Failure to adjust the work force to show good progress on the work shall result in deduction of payments to reflect only the work actually accomplished. When the Contractor makes adjustments to work force, the Inspector shall be notified by 9:00 a.m. of the same day as to the adjustment and work tasks.

Minimum manpower required: During inclement weather periods the minimum manpower required shall be a Supervisor, Foreman and tree worker/grounds person.

PERFORMANCE ON SCHEDULE
The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided with the opportunity and procedure for adjusting those schedules to meet special circumstances. All work shall be completed on the day scheduled (as shown in the weekly schedule). Failure to complete the work as scheduled will result in the sum of One Hundred Dollars ($100.00) per day will be deducted and forfeit from payments to the Contractor for each instance where an item of work is not completed in accordance with the schedule or specifications, except for mowing/mechanical edging which shall be One Hundred Dollars ($100.00) per instance. For minor deficiencies:
an additional amount equal to the percentage incomplete time the value for each item 5 from the Payment Deduction Schedule will also be deducted from payments to the Contractor. For major deficiencies: an additional amount equal to the costs incurred by completion of the work by an alternate source, whether it be the City forces or separate contractor, even if it exceeds the contract unit price, will be deducted. The actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the work performed or as the cost for inspection and other related costs from the failure by the Contractor to complete the work according to schedule. On certain activities, the Contractor will be granted partial payment when it completes the work, after the scheduled time, yet still within the acceptable limits. These activities, partial payments and time limits are shown on the Payment Deduction Schedule.

HOLIDAY SCHEDULE
The Contractor shall provide landscape maintenance services on a daily basis, Monday through Friday inclusive, (five times per week) with Saturday and Sunday trash removal service, except for the regularly scheduled City Holidays. Upon the request of the City, if work is required on City Holidays, the work shall be considered "emergency" and treated as over-time work.

City Holidays:
• New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Thanksgiving Day After
• Christmas Eve Day
• Christmas Day
Day After Christmas
New Year's Eve Day
The Contractor shall complete all regularly scheduled work prior to each holiday.

SERVICE HOURS
The hours of normal facility operation are 7:00 a.m. to 5:00 p.m., Monday through Sunday. Tree maintenance of the medians, slopes, R.O.W./greenbelts, park facilities shall normally be performed after 7:00 a.m . and prior to 5:00 p.m. However, with prior approval of the City Inspector, the Contractor may schedule work for other times. The Contractor may be requested not to work at certain facilities by the City Inspector, the Contractor shall schedule work for other times.
6 The Contractor shall notify the City Inspector by end of the workday (5:00 P.M) for any portion of the contract that is not complete. The notification shall come in the form of a phone call or email. If no notification is received, it shall be determined that all work has been completed. If work was not completed and no notification was provided, the Contractor shall be charged per the Payment Deduction Schedule.

EMERGENCY RESPONSE
The Contractor shall be required to provide emergency on-call response for damaged trees as a result of storms, accidents, or other reasons. Emergency calls may occur at any given time. The Contractor shall within one hour after receiving such emergency calls provide adequate crews and equipment to resolve the emergency situation.

Emergency services provided by the Contractor shall be on a time and materials basis and all charges to the City of Laguna Niguel per the proposal.

MEETINGS
The Contractor shall be responsible for attending meetings arranged by the City or other agencies. The Contractor shall meet at the time and location as specified by the Parks and Landscape Maintenance Superintendent to discuss maintenance issues and priorities. The Contractor's representative shall be the Supervisor appointed to the contract.

SAFETY
A. The Contractor shall perform all the work required in such a manner as to meet all accepted standards for safe practices during all operations and to maintain safe condition of premises and rights-of-way at all times.

B. Contractor shall accept the sole responsibility for complying with all applicable local, County, State or other legal requirements including, but not limited to full compliance with the intents and terms of the applicable OSHA and Cal/OSHA safety orders at all times to protect all persons, including Contractor's employees, agents of the City, members of the public or others from foreseeable injury, or damage to their property.

C. Contractor shall conduct its operation to minimize the obstruction and inconvenience to the public. This includes minimizing noise levels within the area.

D. Contractor shall provide and pay for all barricades, lights, signs, and other warning devices necessary to comply with all applicable State and County requirements for maintaining public safety. Placement of all warning devices shall be in accordance with the Traffic Manual published by the Department of Transportation, Business and Transportation Agency, and State of California.

E. Contractor shall provide all labor, materials, and equipment to install barriers advising the public of hazards due to cleaning. Upon completion of the work, the Contractor shall promptly remove all signs and warning devices.

F. When performing work under this agreement, should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the City may 7 direct attention to the existence of a hazard. The necessary warning and protective devices/equipment ensures shall be furnished and installed by the Contractor, at the Contractor's expense.

G. All incidents out of the norm, including but not limited to crimes, thefts, vandalism, hazards, damage to City equipment, City property, public property, etc., shall be reported immediately by phone to the Parks and Landscape Maintenance Superintendent and followed by confirmation in writing.

EQUIPMENT, TOOLS, AND SUPPLIES
The Contractor shall furnish all the proper vehicles, equipment and tools required to perform the work as described herein. All vehicles, equipment, and tools shall be kept in good repair and conform to all state and local laws. Any equipment deemed by the City Landscape Inspector or the Director of Public Works/City Engineer to be unsafe, in disrepair or unsatisfactory shall be repaired or replaced immediately.

Contractor must submit annually, prior to contract execution and/or contract renewal, current OSHA certification of all aerial devices and the most recent California Highway Patrol Commercial Vehicle Inspection report for equipment to be used for this project.

VEHICLES
All vehicles utilized by employees in the performance of the work shall be registered and insured. Employees of the Contractor shall not drive personal vehicles to any sites to perform work under the contract. Failure to comply shall result in a deduction of One Hundred Dollars ($100.00) per vehicle per day.

Vehicles shall be in conformance with the latest South Coast Air Quality Management District requirements for low emission/alternative fuel use. Upon approval of any new regulations, the Contractor shall be prepared to meet the requirements of the new rule.

VEHICLES LOGO
All the Contractor's vehicles shall be required to have identification bearing the company name and telephone number while performing work under the contract. The Contractor's vehicle shall bear a City provided seal to while performing work under the contract. The vehicles shall be painted, free of body damage and clean. Failure to comply shall result in a deduction of One Hundred Dollars ($100.00) per vehicle per day.

EQUIPMENT NOISE
City noise level requirements shall apply to all equipment on the project or related to the 8 project including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel.

WATER USAGE
The discharge of non-stormwater into storm drain inlets, catch basins, or into the curb- and-gutter leading to the storm drain system is strictly prohibited per Stormwater and Runoff Pollution Control Regulations, and under the Federal Clean Water Act.

DAMAGES
The Contractor shall report without delay any damage to City equipment, City property or private property. The Contractor shall be liable for damages caused by his/her actions.

Any repairs and associated cost resulting from Contractor caused damage shall be the responsibility of the Contractor.

Required proper equipment shall include but not be limited to:

Pick Up Truck(s)
For the transportation of workers. For light equipment and materials hauling and be equipped with heavy duty tow hitch.

Aerial Lifts)
• 43' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle provides a compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately haif the boom length with side outriggers. • 52' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers. • 55' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers. 60' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers. 9 • 65' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers. • 70' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers. • 75' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers. 80' Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers. • 90° Aerial Lifts)
Rear-Mount: Over center aerial lift over the rear axle for compact design and allows you to back up to a job site for additional reach. Side reach shall extend approximately half the boom length with side outriggers.

Chip Box:

Capable of holding up to 35 yards of material.

Brush Chippers)
Self-feeding and controlled feeding drum chippers, and comprehensive disc chipper • Small 25-35 hp: Diesel or gas powered.
• Medium 70-90 hp: Diesel or gas powered.

Large 100-175 hp: Diesel or gas powered.

Utility Vehicle(s)
For general maintenance and frequent hauling in tight access areas and quicker mobilization equivalent to Toro, John Deere, etc.

Stump Grinder(s)
Small
Medium
• Large
Root Pruners(s)
10 Stake bed Truck(s)
• For the transportation of workers.
• For disposal/hauling.
• Each vehicle shall be capable of carrying large amounts of branches and cuttings and tow large utility trailers.

Dump Truck(s)
• For the transportation of workers.
• For disposal/hauling.
• Each vehicle shall have be capable of carrying large amounts of material and be equipped with heavy duty tow hitch.
40 Yard Roll-Off Truck(s)
Capable of carrying a 40-yard container. GVWR of 60,000 ibs. 40 Yard Roll-Off Truck(s) with Drop Axle
Capable of carrying a 40-yard container. GVWR of 73,000 Ibs.

Loader(s)
Articulating, with grapple style log forks. Compact 6.5' W, 19' L. 73 H.P. diesel power.

Cranes(s)
For lifting large and awkward limbs and trunk sections from inaccessible or sensitive areas.

Arrow Board(s)
Solar Powered/Battery Stored self-contained units. All switches and batteries shall be in a locked weather resistant enclosure. All lights shall be LED. The sign shall meet MUTCD standards.

Heavy Duty Utility Trailers)
For use behind pick-up trucks, dump trucks and stake bed trucks to carry heavy equipment such as loaders, tractors and arrow boards, utility vehicles. Smaller trailers shall have the capacity of hauling 8,500 Ibs. and larger trailers up to 34,000 Ibs.

No equipment may be stored or worked on within any of the areas covered under this work without explicit written approval by the Inspector or Director of Public Works/City Engineer. If/when equipment is to be stored in any areas covered under this work, the Contractor shall at a minimum provide 6' steel fence posts, orange barricade safety fencing, and nylon zip ties to circle the equipment. Supplemental caution tape, delineators, barricades, and cones may be required.
11 CONTROL OF WORK
The Director of Public Works his/her designee shall decide any and all questions which may arise as to the quality or acceptability of the work performed, the manner and rate of performance, acceptable fulfillment of the contract by the Contractor.

Additionally, the Parks and Landscape Maintenance Superintendent or his/her lesianee shall direct the inspection or administration of the work and decide questions regarding compensation.

CONTRACT TERM

INITIAL YEARS OF SERVICE
This contract shall be for a period of three (3) years* from the date of award, subject to renewal by two (2) additional one-year periods. Based upon recommendation by the City that the Contractor has fully complied with the contract requirements and that it is in the interest of the City to continue the contract, a request will be submitted to the City Manager for contract extension. The total term of the contract shall not exceed five (5) years. * Depending upon when the contract will be awarded, this may be different.

COST ADJUSTMENT
The Contractor may apply for a cost adjustment after the three-year term. For the rate adjustment to be considered by the City, the Contractor shall be in full compliance with all of the performance standards as established by this Contract.

Any and all requests for price adjustments for follow-on contract renewal periods shall be provided no later than ninety (90) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA. All Items not seasonally adjusted, "annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S.

Department of Labor's website at www.bls.gov.)
The Contractor will be notified of the City's intention to extend the contract at least 60 calendar days prior to the expiration date of the contract.

NINETY CALENDAR DAYS EXTENSION OPTION
Notwithstanding the foregoing, The City reserves the right in its sole discretion to extend the service agreement for a maximum of three (3) calendar months (ninety calendar days) beyond last (fifth year) term.

SUSPENSION
For reasons to include but not limited to renovation/refurbishment or extreme damage, it may not be possible to continue work on areas originally included in the contract work. In these cases, the work in these areas may be suspended until such time as the area is 12 Be deducted rom don a paymenia man cane erate samay a resumed Costs tol

REDUCTION
This contract may be reduced in scope and quantity by the City without liability for damages; when funding reductions are enacted by law, or action of the public, Federal or State authorities. At such time that a reduction occurs, the scope of work and areas under contract will be revised and reduced commensurate with the funding. Adjustment of the contract specifications and corresponding contract prices will be negotiated in accordance with available funding.

CHANGES TO CONTRACT
Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas. Any and all such changes shall only be made upon written notification in the form of a change order which shall clearly state the effective date of the change. Due to acceptance time frame difficulties, it will not always be possible to have the actual change order to the Contractor on the effective date.

In lieu of the actual change order, the Request for Proposal with the contract unit prices and the effective date, signed by the Director, may be substituted. This shall apply only to those cases where the unit prices are established in the contract or where the Contractor has submitted an acceptable quotation to the City.

CHANGES IN CONTRACT SPECIFICATIONS
Changes in contract specifications with no corresponding changes in compensation.

Changes in this category shall be changes for clarity or of a minor nature with no impact on contract costs. In all cases these changes must be accepted by the Contractor and the City. Changes in contract specifications with a corresponding change in compensation.

Changes in this category shall be changes where a change in the Scope of Work is necessary. Changes in this category would include, but not be limited to, additions, deletions, new work, and special requirements for a particular area of work. In all cases, these changes must be mutually acceptable to both the Contractor and the City.

Implementing these changes:

The proposed change shall be prepared by the City, with assistance by the Contractor, if appropriate.

2. The City shall submit the change to the Contractor in the form of a Request for Proposal.

The Contractor shall review the request and prepare a proposal, which shall be returned to the City.

4. If the proposal is acceptable to the City, the change will be implemented. 13 5. If the quotation is unacceptable, the City and the Contractor shall attempt to negotiate a solution which will be implemented.

If no solution is reached, the City may either drop the request or seek other means of accomplishment.

LABOR

LABOR CODE
The contractor shall comply with all applicable requirements of the California Labor Code hereto in the Maintenance Services Agreement.

PREVAILING WAGE
The Contractor shall hire and maintain for the duration of the contract, a workforce as required under the specifications and pay at a prevailing wage for the work.

Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality and the general prevailing rate for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages.

Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to City not more than fifty dollars ($25) for each labor, workman, or mechanic employed for each calendar day or portion thereof if such labor, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.

TRAVEL AND SUBSISTENCE PAYMENTS
The Contractor shall pay travel and subsistence payments to workmen needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. (If applicable)

WORKER'S COMPENSATION
In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure payment of Worker's Compensation to his employees. The Contractor shall supply the certificate required by Section 1861.

FAIR EMPLOYEMENT PRACTICES
In connection with performance of the work under this contract, the Contractor agrees as follows:
14 The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, national origin or age. Such action shall include, but not be limited to employment, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation and training.

The Contractor will permit access to its records by the Fair Employment Practices Commission for investigation of compliance with Fair Employment Practices. That should investigation determine that the Contractor has not complied with the Fair Employment Practices, then pursuant to Sections 1735 and 1775 of the Labor Code, the Contractor shall forfeit to the City one hundred Dollars ($100.00) for each calendar day or portion thereof, for each person so denied employment as a result of non-compliance.

RECORDS
Contractor shall maintain an accurate record showing name, employee number, classification, actual hours worked, and actual wages and benefits paid per diem to each employee. These records shall reflect all workmen engaged in the performance of the work in accordance with the provisions of Section 1776, 1812, and 1852 of the Labor Code.

Said records shall be available upon request of the City and shall be retained for a minimum of three years by the Contractor.

PERSONNEL

AREA MANAGER
The Contractor shall provide one (1) permanent area manager who will communicate effectively both in written and oral English. The area manager shall have a minimum of seven (7) years experiences in Tree Maintenance. The area manager shall have knowledge and experience in arboriculture and have a current certification as a Certified Arborist through the International Society of Arboriculture. The area manager shall serve as a contractor point of connection to the City for specification discussion, setting and defining annual work programs and schedules, setting financial/budget/tasks perimeters for work locations. Assist in maintaining quality control and customer service.

ARBORIST
The Contractor shall provide one (1) permanent plant health care specialist / arborist who will communicate effectively both in written and oral English. The individual shall have a minimum of five (5) years' experience in Tree Maintenance. The individual shall have knowledge and experience in arboriculture, Integrated Pest Management, monitoring, collecting, and diagnosing pest sample the plant health care specialist shall administer the scheduling, inspections, sampling, treatments and complete all technical reports required. The individual shall effectively operate, calibrate and maintain specialized equipment. The individual shall have current certification as a Certified Arborist through the International Society of Arboriculture. Possession of a current Pest Control Advisor by the California Department of Pesticide Regulation is highly desirable.

The individual shall serve as a contractor point of connection to the City for all pest and disease related issues.
15 SUPERVISOR
The Contractor shall provide one (1) permanent full-time supervisor who will communicate effectively both in written and oral English. The supervisor shall have a minimum of seven (7) years' experience in Tree Maintenance supervision. The Supervisor shall have a clear knowledge and experience in arboriculture. The supervisor shall be responsible for monitoring and executing the work orders from the Citywide On- Call Tree Trimming Services As-Needed Contract. The supervisor shall be present within the city limits at all times during contract operations. The supervisor shall be solely dedicated to the Tree Maintenance Services On Call As Needed Contract and not be shared with any other contracts. Any order or communication shall be deemed as delivered to the Contractor. The Contractor shall receive a deficiency deduction of One Hundred Dollars $100.00 for each day, or part of the day, the supervisor is not present or found not to be within the city limits without explanation. If supervisor needs to leave the city limits, the Inspector shall be notified by telephone within one (1) hour with an explanation.

NOTE: The Supervisor shall be responsible for inspection and supervision of the work and crews on a daily basis. While inspecting, punch lists of work items deficient and/or work performance shall be reported to the proper personnel and the City Inspector. The Supervisor shall not be a working Supervisor/Foreman.

GENERAL EMPLOYEE GUIDELINES
No workman shall be employed on any work under these specifications who is found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the Building and Facilities Maintenance Superintendent, shall be discharged immediately and not re-employed on the work.

BACKGROUND
All personnel engaged in the performance of this work shall be employees of the Contractor, and as such shall be warranted to possess enough experience and reliability to perform this work.

CONDUCT
No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not reemployed on this work.

HEALTH
All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Contractor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building(s). Neither shall the Contractor allow 16 the use of alcohol or drugs on the premises or the building.

MINIMUM MANPOWER
Failure of the Contractor to comply with, Contractor proposed minimum manpower, will result in a deficiency deduction of One Hundred Dollars ($100.00) per person, per day.

BACKUP STAFF
The Contractor shall provide enough backup staff to cover absenteeism or extend existing work force hours to compensate for absent staff. The backup staff shall adhere to the same background and security screenings as regular staff. The City reserves the right to request additional backup staff as deemed necessary.

REPLACING KEY PERSONNEL
It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract.

The Contractor must agree to assign specific individuals to the key positions. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City.

If key personnel are not available for work under this contract for a continuous period exceeding thirty calendar days or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications. The contractor shall be responsible for, but not limited to, the following:

A. Adherence to schedules
B. Maintenance or replacement of cleaning equipment
C. Notifying City of any personnel changes
D. Training of new personnel

NON-DISCRIMINATION
The Contractor shall not engage in discrimination in employment of persons because of ace, color, national origin, ancestry, sex, or religion of such persons. Violation of this provision mav result in the in position of penalties under the Labor Code Section 1735.

REMOVAL OF ITEMS
The Contractor's employees shall not remove any items from the job sites except that which has been specifically authorized by the City of Laguna Niguel in writing.

TRAINING
Contractor shall have an on-going training program for its entire staff. Contractor shall provide only personnel that have been fully trained for performance of this work. 17 INVENTORY AND TRIM FREQUENCY
INVENTORY APPROXIMATE. SCHEDULE / FREQUENCIES NOT GURANTEED

TREE INVENTORY BREAKDOWN-MEDIANS