Agenda packet, regular meeting — Maywood City Council, October 23, 2024 (part 2 of 3)

Exhibit C

Page 2 of 3 ends

12501-0001\2330593v1.doc ver. 08/2019

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

11. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be

Page 166 of 309 ends

Exhibit C

Page 3 of 3 ends

12501-0001\2330593v1.doc ver. 08/2019
required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

12. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.

Page 167 of 309 ends

Exhibit D

Page 1 of 2 ends

12501-0001\2330593v1.doc ver. 08/2019

EXHIBIT D

PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. __________
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Maywood (“City”), State of California, has awarded to ____________________ (“Principal”) a contract (the “Contract”) for ______________________________.

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of ___________________ ($___________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

Page 168 of 309 ends

Exhibit D

Page 2 of 2 ends

12501-0001\2330593v1.doc ver. 08/2019
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its:
“Surety”
By:

Its:
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

Page 169 of 309 ends

12501-0001\2330593v1.doc

Page 170 of 309 ends

Revueltas Landscape Inc
7118 Kuhl Drive
Commerce CA 90040
562.843.8006
Detailed Cost Proposal for City of Maywood
Cost Proposal
Location Monthly Rate Annual Rate
Atlantic Blvd Medians $1,850 $22,200
Benito Juarez Park $300 $3,600
City Hall Complex $800 $9,600
Maywood Boxing Club $390 $4,680
Maywood Park $1,200 $14,400
Pine Ave Park $385 $4,620
Pixley Park $795 $9,540
Riverfront Park $2,150 $25,800
Slauson Ave Medians
Los Angeles River-Downey Rd
$2,000 $24,000
Slauson Ave Medians
Los Angeles river- Alamo Ave
$475 $5,700

Total $10,345 $124,140
The price is for full-service landscaping. Including plant replacement, irrigation repairs, aeration, fertilizer, mulching. Unless costs exceed $500 per incident such as emergency mainline break, large falling trees, etc.

Page 171 of 309 ends

City Of Maywood RFP
Cost of Additional Services
Standard repairs Broken Valves, Sprinklers,
damaged, plant material
Included in Monthly price
Up to $500 Allowance
Emergency services
done by Lead foreman.

Major irrigation repair,
Fallen Tree, Off hours work. $75/ Hr
Emergency Services
Helpers rate
Major irrigation repair,
Fallen Tree, Off hours work. $50/ Hr
Emergency services
Supervisor Rate
Major irrigation repair,
Fallen Tree, Off hours work. No Additional charge
Emergency Services
Heavy
equipment
Skid Steer
Wood Chipper
Dump Truck
Misc Irrigation equipment
$100/ Hr

Page 172 of 309 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 10.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JERRY GOMEZ, PUBLIC WORKS SUPERINTENDENT
SUBJECT: CONSIDERATION OF AWARD OF A CITYWIDE TREE MAINTENANCE AND

EMERGENCY RESPONSE SERVICES AGREEMENT WITH WEST COAST
ARBORIST, INC. IN A TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $176,145.93 RECOMMENDATION:

It is recommended that the City Council approve a City-wide Tree Maintenance and Emergency Response Service agreement with West Coast Arborist, INC. for a three-year term with two one-year optional extensions in the form approved by the City Attorney.

BACKGROUND:

The City’s Tree Maintenance and Emergency Response Service agreement with NorthStar Land Care ended September 1, 2024. The City entered into an agreement for two additional months of coverage with NorthStar Land Care, ending on November 1, 2024. The City completed the full term of the agreement which consist of three-year term with two one-year extension with NorthStar Land Care. NorthStar Land Care provided Tree Maintenance and Emergency Response Services at the amount of $249,400.00 over the three (3) year term of the Agreement.

DISCUSSION:

On July 25, 2024, City staff released the Request for Proposals (RFP) for Tree Maintenance and Emergency Response Services. A total of five tree trimming contractors submitted bids.

Contractors Grid Trimming
(Per Tree)
Tree and Stump Removal
(Per Inch Diameter)
Emergency Response
(Outside Work Hrs)
West Coast Arborists, Inc $75.00 $54.00 $390.00
NorthStar Land Care $82.00 $55.00 $366.00
United Pacific Services,
Inc $82.00 $45.00 $375.00
Great Scott Tree
Services Inc $99.00 $55.00 $360.00
Golden West Arbor
Services, Inc $650.00 $750.00 $850.00

Page 173 of 309 ends

Upon review of proposals, staff recommends moving forward with West Coast Arborists, Inc. West Coast Arborists, Inc. has provided services to the City prior to the NorthStar Land Care contract, going back as far as 2000. West Coast Arborist, Inc. met and completed the criteria’s set in the Request for Proposal (RFP). West Coast Arborists, Inc. provided its organization information, references, approach of work, and licenses, Class C61 (Tree Maintenance), C27 (Landscape Services), C49 (Tree and Palm), C31 (Traffic Control) as required.

West Coast Arborists, Inc. has a track record of working for more than 350 California and Arizona municipalities. West Coast Arborists, Inc. currently employs over 50 certified arborists and over 155 certified tree workers, as recognized by the International Society of Arboriculture. West Coast Arborists, Inc. is experienced in tree maintenance and fully capable of trimming the City’s trees. The entire City tree inventory (2317 trees) is recommended to be trimmed at a grid trim rate of $75.00 per tree. It is recommended to trim the City by a grid system due to budget and limited parking within the City. West Coast Arborist, Inc. provides a professionalism that is necessary to deal with the wide range of species of trees within the City. West Coast Arborist. Inc will update the City’s tree inventory. The updated initial inventory list is at no cost to the City.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The first year Tree Maintenance Service is budgeted in the General Fund (Fund 100) of $44,700 and Gas Tax Fund (Fund 212) included with other contractual services of $250,000. The charges will be allocated to an 80% Gas Tax Fund and 20% General Fund. The proposed yearly cost plus a 5% increase after year one for Tree Maintenance Services and Emergency Response Services is $44,700 the first year, $46,935 the second year, and $49,281.75 the third year. For three years at a cost amount of $140,916.75.

An additional 25% contingency per year is recommended for additional services as needed by the City. The proposed 25% contingency per year will be $11,175 for the first year, $11,733.75 for the second year, and $12,320.43 for the third year. The annual service costs, including the contingencies, are as follows: $55,875 first year; $58,668.75 second year; $61,602.19 third year and not to exceed $176,145.93 over the three-year initial term.

Based on the first year Tree Maintenance Service costs of $55,875 compared to the budgeted amount in FY2024-25, staff does not anticipate additional appropriation needed.

ATTACHMENT(S)

1. Tree Maintenance and Emergency Response Services - RFP

2. WCA Technical Proposal Maywood Tree Maintenance & Emergency Svcs

3. Maywood- Template Maintenance Services Agreement (w_ Prevailing Wage)

4. EXHIBIT B - Cost Proposal

Page 174 of 309 ends

City of Maywood
Request for Proposals
for
Tree Maintenance and Emergency Response
Services
PROPOSALS MUST BE RECEIVED NO LATER THAN 4:00 PM,
August 15, 2024, AND SHALL BE SUBMITTED IN
SEARCHABLE PDF FORMAT ON THE CITY’S PORTAL ON
PLANETBIDS AT THE FOLLOWING WEBSITE:
https://pbsystem.planetbids.com/portal/64496/portal-home

Date of Issuance: July 25, 2024

Page 175 of 309 ends

1 TABLE OF CONTENTS
I. PURPOSE…………………………………………………………………….1
II. BACKGROUND………………………………………………………………1
III. GENERAL REQUIREMENTS…………………………………………...….1
IV. SCOPE OF SERVICES……………………….………………………...…..4
V. SCHEDULE………………………………………………………………….18
VI. QUESTIONS ………………………………………………………………18
VII. SUBMITTAL PROCEDURES……………………………………………...18
VIII. SUBMITTAL FORMAT……………………………………………………..19
IX. AGREEMENT FOR PROFESSIONAL SERVICES……………………..21
X. GENERAL ADMINISTRATIVE INFORMATION…………………………21
XI. SUBMITTAL DUE DATE…………………………………………………...22
XII. SELECTION PROCESS……………………………………………………22
XIII. AUTHORITY TO WITHDRAW……………………………………………..23
XIV. AWARD OF CONTRACT…………………………………………………..23
XV. ATTACHMENTS…………………………………………………………….24

Page 176 of 309 ends

I. PURPOSE
The City of Maywood is seeking proposals from qualified Contractors to provide the City annual services of tree maintenance and emergency response service as needed. The City desires to enter into an Agreement for three (3) years, with two (2) optional one-year extensions.

All interested Contractors shall demonstrate that they have sufficient, readily available resources in the form of trained personnel, support services, equipment, and financial resources to carry out the work without delay or shortcomings.

The City of Maywood will not be liable for costs incurred by the Contractor’s incidentals for the preparation of proposals or other responses associated with the proposals, if required. All work and/or performed services will be subject to prevailing wage and related requirements.

Responses must conform to the requirements of this Request for Proposal (RFP).

The City reserves the right to waive any irregularity, informality, or error in any proposal or in the RFP process or reject any proposal which does not comply to this RFP. Modifications to the RFP, including but not limited to the scope of work and services, can be made only by written addendum issued by the City. The successful proposer will be required to enter into an Agreement for Contract Services with the City (Attachment "1"). By submitting a proposal, the proposer agrees to all of the terms of the RFP and Agreement.

II. BACKGROUND
The City of Maywood is issuing this Request for Proposals (RFP) for tree trimming and maintaining of the City’s 2317 public trees spread across 1.1 square miles within the city boundaries. Majority of the City’s public trees are concentrated within the City’s sidewalk parkways. The remainder of the City’s public trees are within City owned properties/facilities, medians, and City parks.

III. GENERAL REQUIREMENTS
Contractors wishing to have their bid proposals considered for this project shall submit a statement of firm's qualifications applicable to this project, including the following as a minimum:
• State of California Contractor's License number and expiration date, C-27 & C61/D-49 and any other applicable licenses.
• Names, staff qualifications and proposed duties of staff to be assigned to this project. The Contractor shall identify at least two (2) ISA Certified Arborists who will be responsible for providing project management for the duration of any Service Agreement, as well as a full-time English speaking Site Supervisor, who is an ISA Certified Arborists, capable of

Page 177 of 309 ends

communicating with any City representative and be authorized to act on behalf of thefirm.
• List of staff qualifications including but not limited to:
a. All Certified Arborists employed by the firm.
b. All Certified Utility Arborists employed by the firm. c. All Certified Tree workers employed by the firm.
d. All Certified Urban Foresters and/or Municipal Arborists employed by the firm.
e. All Utility Line Clearance Tree workers employed by the firm. f. California State Licensed Pest Control Advisor and Applicator employed by the firm.
g. American Society of Consulting Arborists (ASCA) Registered Consulting Arborist employed by the firm to consult on tree health issues.
h. Technicians providing technical support for inventory software. i. Traffic Control Design Specialist(s) and Traffic Control Technician(s) in accordance with the American Traffic Safety Services Association (ATSSA) and Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways.
• References
a. List of past Municipality contracted with and number of years of service. • Corporate Capability
a. Affirmative Statement of Compliance with indemnity and insurance. b. Insurance Requirements Vendor will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard terms and conditions.
c. All required licensing to complete job.
• Services to be Performed
• Equipment
a. A complete list of machinery and equipment, including year, serial number, and license number, to be used for this project and all available equipment in reserve to allow for breakdowns.
• Information Management
a. A written description of the proposed software program to be used to manage the City's Tree Inventory.
b. Firm's ability to provide accurate inventory updates for all trees serviced. c. A statement describing the firm's ability to provide data for the City's Geographic Information System (GIS).
• Quality Control Plan
a. A written description of the firm's plan to report green waste generated and the method for its disposal.
b. A written description of methodology to be used for notifying residents prior to commencement of tree work. (Door hangers are permitted in the City.)

Page 178 of 309 ends

c. The methodology in which the firm will handle complaints from the public and damage to public and private property.
d. Effective means to correct problems.
• Employee Training
a. A written description of the firm's internal tree maintenance and arboricultural training program.
• Schedule of Compensation
The City of Maywood hereby notifies all firms that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any firm on the grounds of race, color, sex, or national origin in consideration for the award. All persons responding to this invitation shall be aware that their proposals are deemed public records and may be subject to disclosure upon request. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the proposals received.

The City shall select an Individual/Consultant based on a combination of factors, such as: responsiveness and comprehensiveness of the Proposer with respect to this Request for Proposals (RFP); technical background and experience; the number and nature of exceptions taken to the agreement (Attachment 1); previous work performed for other public agencies; information obtained from references; and cost, in addition, the following factors will be considered:
a. Completeness of the proposal and ability of the Proposer to comply with the mandatory requirements proposed under this RFP.
b. Whether the Contractor has the financial resources and facilities to perform or provide the required services promptly, or within the time specified without delay or interference.
c. Experience implementing similar programs and projects. d. Recommendations from prior clients and record of performance on previous contracts or services.
e. Cost reasonableness
f. The City is not liable for any expenses incurred by any proposer prior to issuing the contract.
g. The submittal should be typed and as brief as possible while adequately describing the qualifications of the Contractor.
h. Proposals are to be submitted in the same envelope, clearly marked with the Contractor name, address and phone number. Only one proposal per Contractor will be considered.
i. All work product generated by the Agreement will be owned by the City.

IV. SCOPE OF SERVICES
The City of Maywood is seeking proposals from qualified Contractors to provide annual services of tree maintenance and emergency response service as needed, within the

Page 179 of 309 ends

City's Community. The scope of work provided in this RFP shall be used as a guideline; however, it is the Contractor's responsibility to provide all necessary services to ensure the services are completed efficiently and in full compliance with applicable procedures and standards. The scope of work for the project includes providing all necessary services to perform and complete the proposed tree maintenance work thoroughly and professionally, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner meeting the City's requirements. Contractor may be required to perform the following tree maintenance activities at various sites throughout the City:

1. Tree pruning 12. Palm crown/nut trimming and shaping

2. Tree removal 13. Root pruning

3. Tree planting 14. Specialty equipment rental

4. Crew rental 15. Arborist services/inspection

5. Emergency response 16. Foliar and pesticide treatments

6. Line clearance pruning 17. Additional work

7. Clearance pruning 18. Data entry

8. Grid pruning program 19. Webpage development

9. Tree watering 20. GPS Tree inventory

10. Small tree care 21. Online maintenance access*

11. Palm trunk skinning
*Online maintenance is defined as Internet access to an Urban Forestry Management tool that includes work order tracking, ability to send work requests including but not limited to pruning, planting, and removal, access to reports for tree inventory, value of the urban forest, job balance and GPS accessibility (if applicable). 1) ANNUAL PRUNING PROGRAM
Tree pruning per pre-designed districts, grids or prune routes on a set cycle to include all trees. 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), the ANSI A300 Standards. Contractor shall be required to furnish all supervision, labor, equipment and materials necessary to accomplish the work in accordance with the Contract. The intent of this Contract is to have all trees pruned once every other year. Special projects that are difficult to access will require the need for specialty equipment (i.e., 95-foot tower, certain Palm tree specimens). Service request pruning or pruning to reduce and/or pruning to restore will fall under Crew Rental.
2) TREE INVENTORY/GPS REQUIREMENT
The Contractor will provide the City access to a record keeping system consisting of an Internet-based software program that allows the City to maintain information about its tree population, including the description of each tree by species, height, diameter, work history, and tree and planting site location. The tree inventory software program shall be an Internet-driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, invoice records, service requests, summary reports and pictures of City tree species. The Contractor shall provide

Page 180 of 309 ends

software support to the City for the entire term of the contract. The Contractor may be asked to provide the City with recommendations for tree maintenance, and recommended removals. Attributes to be collected by field personnel for inventory purposes may include Address, Street, Facility, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size and type.
3) GPS TREE INVENTORY DETAIL
Provide the City with Global Positioning System (GPS) coordinates for all trees in public spaces. This includes but is not limited to all publicly owned trees on street rights-of-way, sidewalk parkways, City Parks, City owned properties/facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program. Using a handheld computer and a backpack GPS receiver, the inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. Within the first 90 days of the project contract, the City will receive a complete listing of all sites inventoried, both in hard copy, digital and flash drive, which will enable you to connect the inventory to the City's GIS program and create various frequency reports. A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. Contractor shall be required to create an ESRI ArcView/ArcGIS or equivalent, 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 and hardscape, etc.) The consultant's tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. Minimum accuracy shall be not more than one (1) meter.

EXPERIENCE
The Contractor shall have at a minimum five (5) years' experience in collecting tree inventories and technical expertise developing inventory databases, including an extensive program that simplifies the management of the City's Urban Forest. The Contractor shall have developed a complete and comprehensive computer software program in at least five (5) California cities. The program should have specialized reports designed specifically for City representatives' needs. The program should be developed based on the needs of the City and allow the City to modify and structure the program specific to our needs. The user- friendly program should allow customers to generate a variety of reports quickly.

Page 181 of 309 ends

• Tree Number • City DistricUGrid/LLDs/Parks/RAreas/Residential • Street • Location by Address
• Location by GIS • Species by botanical name &common
name
• Tree diameter (DBH) • Tree height
• Recommended Maintenance
Classification
• Existing overhead Utilities
• Parkway Size • Parkway Type
• Sidewalk damage • Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. The Contractor shall provide complete support rapidly with experienced staff available to the City during the hours of 8:00 A.M. to 5:00 P.M. Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City's location within a timely manner.
1) PROJECT SPECIAL PROVISIONS
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 Maywood is intended unless otherwise 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 "Contractor" shall be held to mean the Contractor and/or any person employed by them and working under this contract.
2) WORK QUALITY
All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture.

The Contractor shall also meet the requirements of the American National Standards, 2133-1-2006, entitled "Safety Requirements for Arboricultural Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. The City of Maywood shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.

Page 182 of 309 ends

3) TRAFFIC SAFETY
Contractor shall be required to provide all necessary traffic control, in accordance with the American Traffic Safety Services Association (ATSSA) and Manual on Uniform Traffic Control Devices (MUTCD), during the course of regular maintenance work and emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.
4) WORK STANDARDS
Limbs one inch (1 ") in diameter or greater shall be precut to prevent splitting.

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 covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½} or larger in diameter shall be lowered by proper ropes to the ground. Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City of Maywood. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis. On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. a. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements. b. Contractor shall notify the resident forty-eight (48) hours in advance of scheduled pruning.
c. Contractor shall provide and post "No Parking" signs twenty-four (24) hours in advance of the work.
d. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English-speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
e. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor'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

Page 183 of 309 ends

with instructions from the utility company. In the event that work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).
f. No hooks, gaffs, spurs or climbers will be used for anything other than removals.
g. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth.
h. When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be disinfected after each cut with alcohol or bleach.
i. Topping shall not be done unless specifically requested by the City. j. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions.

All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
k. 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 (20%) percent but no more than thirty (40%) percent.
l. 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.
m. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
n. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. o. Dead and/or dying trees, engulfed with fungus, sick, damaged, diseased or insect infested shall be brought to the City’s attention. Based on the Contractor’s recommendation, the City will approve or disapprove removal of the tree. Contractor shall remove the tree and roots completely upon City approval.
5) PRUNING FOR TRAFFIC CLEARANCES
Tree pruning for traffic clearances shall provide clearances of at least fourteen (14') feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under

Page 184 of 309 ends

"Pruning to Raise." Clearance trims shall be 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 of Maywood 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 fourteen feet (14') over the curb line and nine feet (9') over 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.
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.
6) PRUNING OF PALM TREES
Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters, and other vegetation from the trunks of all palms 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 of Maywood. The Contractor shall be required to use a boom or bucket truck, with sufficient height to reach the crown for the purpose of pruning Citypalm trees.
b. Palm Skinning - Dead fronds, and partsthereof,
c. including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" - 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches. d. Canary Palm pine/nut trimming and shaping (additional service and cost) shall be directed by the Public Works Superintendent or his authorized representative. This trimming is for both safety and aesthetic purposes. A symmetrical shape and pleasing appearance typical of the species is desired.
7) SERVICE REQUEST TREE PRUNING
Trees that need service prior to their scheduled grid trim for aesthetic shall be trimmed within one week of notification by the City to the Contractor. Trees designated for aesthetic trimming shall be trimmed, shaped, and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (14') feet over the roadway and nine (9') feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic

Page 185 of 309 ends

control devices, traffic signs, and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. The specific techniques employed shall be consistent with industry practice for the size and specific of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly. 8) TREE REMOVALS
Trees that are candidates for removal, shall be identified and marked by the Contractor. The Contractor shall notify the City of candidates for removal. The City can also notify the Contractor of candidates for removal. The Contractor shall also notify the homeowner of the up-and-coming removal work. Contractor bears sole responsibility for this task. Crew removes tree and hauls all debris. 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. Special projects that are difficult to access with equipment or require the need for a crane or a boom/bucket truck over seventy-five (75') feet would fall under Crew Rental rates. The City of Maywood shall make the final determination to remove. Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.

All wood from removed trees is the property of the City and shall be disposed of at the direction of the Public Works Superintendent. No wood shall be left along public right-of-way unless approved by the Public Works Superintendent or his authorized representative. 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 to be covered while transported and hauled to the disposal site during the workday.

The Contractor is responsible for marking trees so that they are easily identifiable by Underground Service Alert. The Contractor 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 Contractor shall grind the stump a minimum distance of one and a half (1 ½) feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.

Page 186 of 309 ends

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. 9) TREE PLANTING
Planting includes the tree, stakes, ties and complete installation and watering for ninety (90) calendar days. Planting lists should be compiled by the Inspector and submitted monthly or as needed. Contractor will guarantee the quality of the tree stock and the workmanship.
a. Contractor shall provide all equipment, labor, and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.
b. The Contractor shall be responsible for marking locations based off the City’s recommendation and the Contractor 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 Contractor shall examine root ball for injured roots and canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
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. In grass covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete. e. Backfill material should be native soil. Eliminate all air pockets while back filling 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 thoroughly by filling the water retention basin twice.
g. All trees shall be staked with two wooded lodge poles and two ties per pole. Minimum size of lodge poles shall be ten (1O') feet long, with a one and a half (1 ½) inch diameter. Tree ties shall be placed at one third (1/3) and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twentyfour to thirty (24"-30") inches below grade. h. Trunk protectors such as Arbor-Guards or an approved equal shall be placed at the base of the trunk of all new trees immediately after

Page 187 of 309 ends

planting.
i. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12") inches in depth and at a length determined by the City and placed in a circular fashion surrounding the tree's root system. Root barriers are an additional service andcost.
j. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
k. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI 260.1-1996 Standards. Trees shall be free from pests, disease and structural defects. 10) CREW RENTAL
The standard crew is three men, one chipper truck, one chipper, one boom/ bucket truck and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, hanging banners, hanging Holiday lighting/decorations, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate. 11) EMERGENCY RESPONSE
The Contractor shall be required to provide emergency, on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time (24/7). The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within two (2) working days.

Should the work involve any high voltage power lines or any utility lines the

Page 188 of 309 ends

Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.
12) LINE CLEARANCE PRUNING
During the course of this contract the Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities. The Contractor shall be required to furnish all supervision, labor, equipment, and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations, and orders. The manager overseeing the project shall be a Certified Utility Specialist and the persons completing the work shall be Line Clearance Tree workers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in, or around primary electrical lines shall be trained to do so in accordance the "Electrical Safety Orders" of the State of California.
13) TREE WATERING
Watering is performed by a one man crew with a water truck who will water various routes including landscape median and young trees that are three (3) years old and younger.
14) SMALL TREE CARE
The City requires an active approach to the care of its young and newly planted trees. The Contractor 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. 15) ARBORIST SERVICES
On occasion, the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. 16) TRAFFIC CONTROL
Contractor shall conform to all City Traffic Safety requirements and operating rules at all times while this contract is in effect. The Contractor shall employee staff certified as Traffic Control Design Specialist and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA), and

Page 189 of 309 ends

Manual on Uniform Traffic Control Devices (MUTCD). Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use, furthermore, the City may require a Traffic delineation and safety plan to be submitted on selected jobs. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. Illuminated ATSSA approved equipment may be required in low light situations including, but not limited to: dawn, dusk, low light, rain, snow, evening, night if these situations present themselves on a daily work flow basis, or on emergency responses. All such determinations shall be made by the above mentioned Traffic Control Design Specialist, and then approved by the appropriate City Public Works Department Staff.
17) PUBLIC NOTICE OF TREE PRUNING OPERATIONS
Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notifications shall be made in the form of door hangers. City approved "No Parking" signs shall be posted on individual trees scheduled for pruning twenty-four (24) hours prior to the work being performed. 18) WORK SITE CLEAN UP
Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. Each day's scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris, or equipment be left on the street overnight. Contractor's equipment may be stored overnight, with advance approval, in the City Yard, or on other designated City Property. However, the City will not be responsible for security of Contractor's equipment.

Page 190 of 309 ends

• Wood Chips: Chips generated from pruning operations within the City of Maywood may first be dumped at a City designated site. At the direction of the Contract Officer or his authorized representative, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. When pre-authorized, these chips shall be dumped in specified locations in the City.
• Milling (additional service & cost): At the direction of the Contract Officer, and/or Public Works Coordinator, large tree trunks, which meet proper specifications may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.
20) PARKING
The City of Maywood will make every attempt to identify a suitable space for parking of vehicles and equipment for the purpose of this contract, on preauthorized specific jobs. The vendor will hold the City Maywood harmless and release the City of liability I the result of theft or vandalism. Should a site not be available, then the vendor may park on City right-of-way near the project area(s). 21) INVOICES
Contractor shall be required to submit invoices via U.S. Postal Service, email and via work order system on a monthly basis. The invoice must reflect activity in a biweekly breakdown, i.e. 1st - 15th, 15th - end of month. Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address of each individual tree, the species and its height and trunk diameter of each individual tree. Failure to submit invoices in this format may result in non-payment until these requirements are met. 22) INSPECTIONS
The City of Maywood or its designated representative, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work. 23) 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.

Page 191 of 309 ends

24) MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
a. The City may modify these specifications with the joint approval of the Contractor and the Public Works Coordinator. All modifications shall be in writing.
b. In the event that the City of Maywood should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price.
c. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal. d. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.
e. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within one hundred twenty (120) minutes of receipt of the call. 25) COOPERATIVE PURCHASING
It is intended that other public agencies (i.e., city, county, school district, special district, public authority, public agency, and other political sub-division of the State of California) and/or other City departments shall have the option to participate in any agreement created as a result of this Request for Proposal with the same terms and conditions as to the price of the product and/or service. The City of Maywood shall incur no financial responsibility in connection with a purchase order from another public agency. Any public agency that "piggy-backs" on any negotiated contract between the City of Maywood and vendor shall accept sole responsibility for negotiating, placing orders and making payment to vendor. The vendor may or may not agree to the cooperative purchasing clause. 26) REQUESTS FOR CLARIFICATION
If any bidder, prior to submitting their bid should find any discrepancies and/or omissions from the specifications or other contract documents, or if they should be in doubt as to the true meaning of any part thereof, they shall at once make a written request to the City of Maywood Public Works Superintendent for corrections, clarification, or interpretation of the points in question. The person submitting such request shall be responsible for its prompt delivery TBD In the event that the Public Works Superintendent receives a request and it should be found that certain essential information is not clearly and fully set forth, or if the City discovers errors, omissions, or points requiring clarification in these

Page 192 of 309 ends

documents, a written addendum will be mailed to each person to whom a set of bid documents has been delivered. The City will not be responsible for any instructions, explanations, or interpretations of the documents presented to bidders in any manner other than written addendum.

V. SCHEDULE
Deadlines
Release of Requests for Proposals July 25, 2024
Submittal of Questions August 5, 2024, by 3:00 p.m.

Response to Questions August 9, 2024, by 4:00 p.m.

Proposal Due Date August 15, 2024, by 4:00 p.m.

Proposal Review/Evaluation Week of August 19, 2024
Optional Interview (if required) Week of August 19, 2024 Tentative City Council award August 28, 2024
Tentative Start date September 1, 2024
* These dates are anticipated and may change.

VI. QUESTIONS
All inquiries regarding this request must be submitted to PlanetBids. City will post responses to questions on PlanetBids.

VII. SUBMITTAL PROCEDURES
Submittals shall comply with all conditions, requirements and specifications contained herein, with any departure rendering the proposal non-responsive and may serve as grounds for rejection of the proposal at the City’s sole discretion. The submittal shall contain the name of this RFP.

Proposals shall be submitted in searchable PDF format on the City’s portal on PlanetBids at the following website: https://pbsystem.planetbids.com/portal/64496/portal-home Please address the Proposals to:

City of Maywood
Attention: Jerry Gomez
4319 Slauson Avenue
Maywood, CA 90270

Page 193 of 309 ends

Separate files shall be submitted for Technical and Cost Proposals. Submittals received after the specified date and time will be considered late and will not be considered for further evaluation.

VIII. SUBMITTAL FORMAT
All Respondents must submit qualifications according to the specifications set forth below. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Respondent’s demonstrated capability to perform work of this type.

Proposals shall be valid for a minimum of 90 days following submission. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired.

EMPHASIS SHOULD BE ON COMPLETENESS AND CLARITY OF CONTENT. The proposal shall not exceed 20 pages. The City reserves the right to request additional information that, in the City’s opinion, is necessary to ensure that the Proposer’s competence, qualified employees, business organization and financial resources are adequate for the performance of the services under this RFP.

A. WORK PROPOSAL

1. Cover Letter
a. Provide a cover letter including the Respondent’s name, address and telephone number of the contact person(s) who is authorized to submit the proposal on behalf of the Respondent. The cover letter shall include a brief general statement of intent to perform the services and correspondent that all elements of the RFP have been reviewed and understood. The letter should include a brief description of the Respondent’s Respondent. The letter should be signed by an individual who can bind the Respondent contractually.
b. There shall be one person from the Respondent identified in the proposal who shall be the Respondent’s designated representative and who is responsible for the services listed in "Section IV - Scope of Services" of this RFP (“Point of Contact”).
c. If applicable, Respondent shall acknowledge receipt of any addendum to the RFP.

2. Table of Contents
a. Include a table of content identifying the contents of the proposal in a format consistent with the proposal requirements and format set forth herein.

3. Experience and Qualifications
a. Describe the Respondent, its size and organization, the number and location of offices, and general operational structure, as well as its management and key personnel. Provide a description of the Respondent’s Respondent, its size and organization, the number and location of offices and general operational structure. Include a discussion demonstrating that the Respondent has the resources (financial,

Page 194 of 309 ends

equipment, labor and capacity) available to provide services under this RFP from the first day at the start of the work.
b. Provide a summary of Respondents qualification and experience in drone shows and programming. At a minimum, Respondent should have at least five (5) years consecutive experience.
c. Provide at least three references that received similar services from your Respondent at a minimum over the last five years. Include name of organization, contact name, telephone number and email address. d. Demonstrate the qualifications of all personnel to be assigned to the City, including key personnel, by providing resumes and/or relative experience summaries describing their education, credentials, licensing, training and related experience and their proposed roles for this contract. e. Provide an organization chart of the proposed team, including a contingency plan should a member of the proposed team be unable to fulfill their responsibilities.
f. Respondent shall hold the required license(s) to perform the work and provide proof of required license for itself and its personnel.

4. Approach to Scope of Services
a. This section should set forth a comprehensive description of the approach to providing the Scope of Services and should clearly demonstrate an understanding of the City’s requirements, the work to be done and the objectives to be accomplished.
b. Provide a description of the work plan for the services describing how each task under the Scope of Services will be accomplished. This may be used as an Exhibit for the Scope of Services to the agreement. c. Provide any other information or tasks that Respondent believes necessary to complete the Scope of Services.

5. Proposed Materials and Services
a. Proposal should indicate the company’s availability to provide the items listed in Attachment 1 and any other relevant materials and services for this proposal.

6. Substitutions
a. If you are unable to provide all the requested items, please indicate comparable substitutions and/or submit bid proposal for partial equipment.

Pricing must be itemized for each individual item and include tax and delivery/takedown.

B. COST PROPOSAL

1. Detailed Cost Proposal
a. Respondent shall submit a detailed cost proposal that shall include all tasks required to perform the Scope of Services. The cost proposal shall indicate how the City will be charged for services (i.e. unit, hourly or flat rate basis

Page 195 of 309 ends

as appropriate) for the term of the contract. Costs should include all services and materials, if any, needed to perform the Scope of Services. b. As it relates to the services under this RFP, if Respondent is proposing to provide the services on an hourly basis, the cost proposal shall identify the hourly rate for the personnel needed to complete the Scope of Services. c. In addition, Respondent shall also submit the rates/compensation for any “additional services” that Respondent can provide.
d. Provide a PDF file of the cost proposal and make clear all extra fees.

IX. AGREEMENT FOR PROFESSIONAL SERVICES
The City of Maywood’s Agreement for Professional Services (Attachment 1) is included for review and comment. The Respondent’s submission of a proposal indicates Respondent’s compliance of such terms, unless the proposal indicates that compliance is not possible. Proposed revisions should be addressed in the cover letter; however, the City maintains discretion to accept or reject the Respondent’s request for revisions. The City reserves the right to make any revisions to the proposed professional services agreement.

X. GENERAL ADMINISTRATIVE INFORMATION
All respondents are advised to become familiar with all conditions, instructions and specifications of this RFP. By submitting a proposal, Respondent represents that it has thoroughly examined and become familiar with the work required under this RFP and that the Respondent has conducted such additional investigation as it deems necessary and convenient (i.e. visiting the locations), that Respondent is capable of providing the equipment, goods and services necessary to furnish landscape maintenance in a manner that meets the City’s objectives in this RFP. Once the contract has been made, a failure to have read the conditions or conduct any investigations of the properties shall not be cause to alter the contract or for Respondent to request additional compensation.

Each Respondent understands and agrees that the City, its departments, its officers, employees or agents are not responsible for:
• Any costs incurred by a Respondent in the preparation, delivery or presentation of a proposal.
• Any costs incurred by a Respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City; and
• Any errors, inaccuracies or misstatements related to the information or data supplied to any contractor by the City. The use of such information or data provided by the City, its officers, employees, or agents is intended to be used at the sole discretion and risk of the Respondent in the preparation of a proposal pursuant to this Request for Proposals only.

Page 196 of 309 ends

The selected Respondent shall comply with any and all Federal and State laws applicable to the services. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned and such proposals, after the agreement is awarded, are subject to the California Public Records Act.

The City reserves the right to accept, reject, modify, or cancel in whole or in part, this RFP. The City reserves the right to accept or reject any or all proposals, negotiate modifications to proposals that it deems acceptable, to request and consider additional information from any proposer, and to waive irregularities and technical defects in the proposal process, all in its sole discretion. The City has no obligation, express or implied, to make an award.

The City may reject proposals from Respondents who cannot satisfactorily provide the experience and qualifications required by this RFP and/or provides the scope of services required herein. The City reserves the right to seek new proposals when it determines that it is in the best interest to do so.

XI. SUBMITTAL DUE DATE
The submittal package must be received prior to the submittal date specified in "Section IV - Schedule" of this RFP. Respondents mailing a proposal must allow sufficient delivery time to ensure timely receipt of the proposal by the date and time specified. Submittals arriving after the deadline will not be considered.

XII. SELECTION PROCESS
All proposals timely received shall be reviewed to verify that the proposal meets the minimum requirements and qualifications. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the professional services agreement, may be eliminated from further consideration at the discretion of the City. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Maywood personnel.

The City will be the sole and exclusive judge of quality and compliance with proposal specifications in any of the matters pertaining to this RFP. The City’s final selection will not be dictated on any single factor or criteria including price. The City reserves the right to award the contract(s) in any manner it deems to be in the best interest of the City and make the selection based on its sole discretion, notwithstanding the criteria set forth herein, including negotiating with one or more of the Respondents for the same services.

City will evaluate the proposals provided in response to this RFP based on the following criteria:

1. The City will evaluate Respondents based on meeting all of the City’s requirements and who offers the most advantageous combination of cost and high quality service. In addition to cost, however, the City will consider the

Page 197 of 309 ends

quality of services proposed, the financial qualification of, and the work experience of the proposer in determining the best value to the City.

2. Other criteria shall include, but not be limited to:
a. Quality and completeness of proposal
b. Qualifications and experience of proposer, including experience and qualifications of key personnel and staff
c. Similar experience and expertise in the type of work required, with the City or with other public agencies
d. Demonstrated understanding of the scope of services requested as well as capacity of respondent
e. References
f. Financial stability of proposer
g. Cost to the City
h. Oral interviews, if applicable.
i. Any other factors determined by the City to be relevant to the performance of these services.

XIII. AUTHORITY TO WITHDRAW
The City of Maywood reserves the right to withdraw this Request for Proposals without prior notice. The City of Maywood makes no representation that any agreement will be awarded to any Respondent as a result of having responded to this request. All proposals submitted to the City of Maywood in response to this RFP shall become the property of the City and will not be returned.

XIV. AWARD OF CONTRACT
Based on the outcome of the evaluation committee’s evaluation of the proposals, a recommendation will be submitted to the City Council for consideration of award. An award of a contract occurs when the contract is approved by the Maywood City Council. Selection of a respondent with whom the City enters into contract negotiations with or a recommendation of an award by the evaluation committee or any other party, does not constitute an award of a contract. The contract shall be in accordance with the attached Agreement.

XV. ATTACHMENTS
Attachment 1. Form Professional Services Agreement

Page 198 of 309 ends

ATTACHMENT 1
Form Professional Services Agreement

Page 199 of 309 ends

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and _____________ (“Contractor”). City and Contractor are sometimes referred to herein as the “Parties”, and individually as a “Party”.

RECITALS
A. City desires to utilize the services of Contractor as an independent Contractor to perform Tree Maintenance and Emergency Response Services.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. City desires to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. CONSULTANT’S SERVICES.

A. Scope of Services. Contractor shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be ________________ (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.

C. Time for Performance. Contractor shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services

Page 200 of 309 ends

required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.

F. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

2. TERM OF AGREEMENT. THE TERM OF THIS AGREEMENT SHALL BE FROM THE EFFECTIVE DATE THROUGH _________________, UNLESS SOONER TERMINATED AS PROVIDED IN SECTION 12 OF THIS AGREEMENT OR EXTENDED.

3. COMPENSATION.

A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Contractor, and Contractor agrees to accept in full satisfaction for the services required by this Agreement, __________________, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Contractor’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Contractor be paid more than $___________, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”).

B. Expenses. The City will not reimburse Contractor for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.

C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Contractor Representative authorize such services in writing prior to Contractor’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

4. METHOD OF PAYMENT.

A. Invoices. Contractor shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten Business days of receipt of any disputed invoice amounts.

Page 201 of 309 ends

B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. Notwithstanding the preceding sentence, if Contractor is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.

C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement available during Contractor’s regular working hours to City for review and audit by City.

5. INDEPENDENT CONTRACTOR. CONTRACTOR IS, AND SHALL AT ALL TIMES REMAIN AS TO CITY, A WHOLLY INDEPENDENT CONTRACTOR. CONTRACTOR SHALL HAVE NO POWER TO INCUR ANY DEBT, OBLIGATION, OR LIABILITY ON BEHALF OF CITY. NEITHER CITY NOR ANY OF

ITS AGENTS SHALL HAVE CONTROL OVER THE CONDUCT OF CONTRACTOR OR ANY OF CONTRACTOR’S EMPLOYEES, EXCEPT AS SET FORTH IN THIS AGREEMENT. CONTRACTOR

SHALL NOT, AT ANY TIME, OR IN ANY MANNER, REPRESENT THAT IT OR ANY OF ITS OFFICERS, AGENTS OR EMPLOYEES ARE IN ANY MANNER EMPLOYEES OF CITY.

6. INFORMATION AND DOCUMENTS.

A. Contractor covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.

B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.

Page 202 of 309 ends

C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Contractor as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Contractor’s permission. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.

D. Contractor’s covenants under this Section shall survive the expiration or termination of this Agreement.

7. CONFLICTS OF INTEREST. CONTRACTOR AND ITS OFFICERS, EMPLOYEES,

ASSOCIATES AND SUBCONTRACTORS, IF ANY, SHALL COMPLY WITH ALL CONFLICT OF INTEREST STATUTES OF THE STATE OF CALIFORNIA APPLICABLE TO CONTRACTOR’S SERVICES UNDER THIS AGREEMENT, INCLUDING THE POLITICAL REFORM ACT (GOV. CODE § 81000, ET SEQ.) AND GOVERNMENT CODE SECTION 1090. DURING THE TERM OF THIS

AGREEMENT, CONTRACTOR MAY PERFORM SIMILAR SERVICES FOR OTHER CLIENTS, BUT

CONTRACTOR AND ITS OFFICERS, EMPLOYEES, ASSOCIATES AND SUBCONTRACTORS SHALL NOT, WITHOUT THE CITY REPRESENTATIVE’S PRIOR WRITTEN APPROVAL, PERFORM WORK

FOR ANOTHER PERSON OR ENTITY FOR WHOM CONTRACTOR IS NOT CURRENTLY PERFORMING

WORK THAT WOULD REQUIRE CONTRACTOR OR ONE OF ITS OFFICERS, EMPLOYEES,

ASSOCIATES OR SUBCONTRACTORS TO ABSTAIN FROM A DECISION UNDER THIS AGREEMENT PURSUANT TO A CONFLICT OF INTEREST STATUTE. CONTRACTOR SHALL INCORPORATE A

CLAUSE SUBSTANTIALLY SIMILAR TO THIS SECTION INTO ANY SUBCONTRACT THAT CONTRACTOR EXECUTES IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT.

8. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND.

A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or

Page 203 of 309 ends

willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

Page 204 of 309 ends

D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

9. INSURANCE.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall provide insurance in the amount required by California law.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.

C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Contractor and Contractor’s employees, agents or

Page 205 of 309 ends

subconsultants from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Contractor shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon.

Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.

Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 8 of this Agreement.

K. SubContractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

10. MUTUAL COOPERATION.

Page 206 of 309 ends

A. City’s Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.

B. Contractor’s Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.

11. RECORDS AND INSPECTIONS. CONTRACTOR SHALL MAINTAIN COMPLETE AND

ACCURATE RECORDS WITH RESPECT TO TIME, COSTS, EXPENSES, RECEIPTS,

CORRESPONDENCE, AND OTHER SUCH INFORMATION REQUIRED BY CITY THAT RELATE TO THE PERFORMANCE OF THE SERVICES. ALL SUCH RECORDS SHALL BE MAINTAINED IN

ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AND SHALL BE CLEARLY IDENTIFIED AND READILY ACCESSIBLE. CONTRACTOR SHALL PROVIDE FREE ACCESS TO CITY,

ITS DESIGNEES AND REPRESENTATIVES AT REASONABLE TIMES, AND SHALL ALLOW CITY TO

EXAMINE AND AUDIT THE BOOKS AND RECORDS, TO MAKE TRANSCRIPTS THEREFROM AS

NECESSARY, AND TO INSPECT ALL WORK, DATA, DOCUMENTS, PROCEEDINGS AND ACTIVITIES RELATED TO THIS AGREEMENT. SUCH RECORDS, TOGETHER WITH SUPPORTING DOCUMENTS, SHALL BE MAINTAINED FOR A PERIOD OF THREE YEARS AFTER RECEIPT OF FINAL PAYMENT.

12. TERMINATION OF AGREEMENT.

A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least ten calendar days before the termination is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services required by this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.

13. FORCE MAJEURE. CONTRACTOR SHALL NOT BE LIABLE FOR ANY FAILURE TO

PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT IF CONTRACTOR PRESENTS ACCEPTABLE EVIDENCE, IN CITY’S SOLE JUDGMENT, THAT SUCH FAILURE WAS DUE TO ACTS

OF GOD, EMBARGOES, INABILITY TO OBTAIN LABOR OR MATERIALS OR REASONABLE

SUBSTITUTES FOR LABOR OR MATERIALS, GOVERNMENTAL RESTRICTIONS, GOVERNMENTAL

REGULATIONS, GOVERNMENTAL CONTROLS, JUDICIAL ORDERS, ENEMY OR HOSTILE

GOVERNMENTAL ACTION, CIVIL COMMOTION, FIRE OR OTHER CASUALTY, OR OTHER CAUSES BEYOND CONTRACTOR’S REASONABLE CONTROL AND NOT DUE TO ANY ACT BY CONTRACTOR.

14. DEFAULT.

Page 207 of 309 ends

A. Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Contractor with written notice of the default. Contractor shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

15. NOTICES. ANY NOTICE, CONSENT, REQUEST, DEMAND, BILL, INVOICE, REPORT OR

OTHER COMMUNICATION REQUIRED OR PERMITTED UNDER THIS AGREEMENT SHALL BE IN WRITING AND CONCLUSIVELY DEEMED EFFECTIVE: (A) ON PERSONAL DELIVERY, (B) ON CONFIRMED DELIVERY BY COURIER SERVICE DURING CONTRACTOR’S AND CITY’S REGULAR

BUSINESS HOURS, OR (C) THREE BUSINESS DAYS AFTER DEPOSIT IN THE UNITED STATES

MAIL, BY FIRST CLASS MAIL, POSTAGE PREPAID, AND ADDRESSED TO THE PARTY TO BE NOTIFIED AS SET FORTH BELOW:

If to City: If to Contractor:

Attn: City Manager _________________
City of Maywood _________________
4319 East Slauson Avenue _________________
Maywood, California 90270 _________________

16. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. IN THE

PERFORMANCE OF THIS AGREEMENT, CONTRACTOR SHALL NOT DISCRIMINATE AGAINST ANY

EMPLOYEE, SUBCONTRACTOR OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR,

RELIGIOUS CREED, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, MARITAL STATUS,

NATIONAL ORIGIN, ANCESTRY, AGE, PHYSICAL DISABILITY, MENTAL DISABILITY, MEDICAL

CONDITION, GENETIC INFORMATION, SEXUAL ORIENTATION OR OTHER BASIS PROHIBITED BY LAW. CONTRACTOR WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT SUBCONTRACTORS

AND APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING

EMPLOYMENT, WITHOUT REGARD TO THEIR RACE, COLOR, RELIGIOUS CREED, SEX, GENDER,

GENDER IDENTITY, GENDER EXPRESSION, MARITAL STATUS, NATIONAL ORIGIN, ANCESTRY,

AGE, PHYSICAL DISABILITY, MENTAL DISABILITY, MEDICAL CONDITION, GENETIC INFORMATION OR SEXUAL ORIENTATION.

17. PROHIBITION OF ASSIGNMENT AND DELEGATION. CONTRACTOR SHALL NOT ASSIGN

ANY OF ITS RIGHTS OR DELEGATE ANY OF ITS DUTIES UNDER THIS AGREEMENT, EITHER IN WHOLE OR IN PART, WITHOUT CITY’S PRIOR WRITTEN CONSENT. CITY’S CONSENT TO AN

ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT SHALL NOT RELEASE CONTRACTOR FROM

ANY OF ITS OBLIGATIONS OR ALTER ANY OF ITS PRIMARY OBLIGATIONS TO BE PERFORMED UNDER THIS AGREEMENT. ANY ATTEMPTED ASSIGNMENT OR DELEGATION IN VIOLATION OF

Page 208 of 309 ends

THIS SECTION SHALL BE VOID AND OF NO EFFECT AND SHALL ENTITLE CITY TO TERMINATE THIS AGREEMENT. AS USED IN THIS SECTION, “ASSIGNMENT” AND “DELEGATION” MEANS ANY

SALE, GIFT, PLEDGE, HYPOTHECATION, ENCUMBRANCE OR OTHER TRANSFER OF ALL OR ANY

PORTION OF THE RIGHTS, OBLIGATIONS, OR LIABILITIES IN OR ARISING FROM THIS AGREEMENT

TO ANY PERSON OR ENTITY, WHETHER BY OPERATION OF LAW OR OTHERWISE, AND

REGARDLESS OF THE LEGAL FORM OF THE TRANSACTION IN WHICH THE ATTEMPTED TRANSFER OCCURS.

18. NO THIRD PARTY BENEFICIARIES INTENDED. THIS AGREEMENT IS MADE SOLELY FOR

THE BENEFIT OF THE PARTIES TO THIS AGREEMENT AND THEIR RESPECTIVE SUCCESSORS

AND ASSIGNS, AND NO OTHER PERSON OR ENTITY MAY HAVE OR ACQUIRE A RIGHT BY VIRTUE OF THIS AGREEMENT.

19. WAIVER. NO DELAY OR OMISSION TO EXERCISE ANY RIGHT, POWER OR REMEDY

ACCRUING TO CITY UNDER THIS AGREEMENT SHALL IMPAIR ANY RIGHT, POWER OR REMEDY

OF CITY, NOR SHALL IT BE CONSTRUED AS A WAIVER OF, OR CONSENT TO, ANY BREACH OR DEFAULT. NO WAIVER OF ANY BREACH, ANY FAILURE OF A CONDITION, OR ANY RIGHT OR REMEDY UNDER THIS AGREEMENT SHALL BE (1) EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY THE PARTY MAKING THE WAIVER, (2) DEEMED TO BE A WAIVER OF, OR CONSENT TO, ANY OTHER BREACH, FAILURE OF A CONDITION, OR RIGHT OR REMEDY, OR (3) DEEMED TO CONSTITUTE A CONTINUING WAIVER UNLESS THE WRITING EXPRESSLY SO STATES.

20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. THE ACCEPTANCE BY

CONTRACTOR OF THE FINAL PAYMENT MADE UNDER THIS AGREEMENT SHALL OPERATE AS AND

BE A RELEASE OF CITY FROM ALL CLAIMS AND LIABILITIES FOR COMPENSATION TO CONTRACTOR FOR ANYTHING DONE, FURNISHED OR RELATING TO CONTRACTOR’S WORK OR SERVICES. ACCEPTANCE OF PAYMENT SHALL BE ANY NEGOTIATION OF CITY’S CHECK OR THE

FAILURE TO MAKE A WRITTEN EXTRA COMPENSATION CLAIM WITHIN TEN CALENDAR DAYS OF THE RECEIPT OF THAT CHECK. HOWEVER, APPROVAL OR PAYMENT BY CITY SHALL NOT

CONSTITUTE, NOR BE DEEMED, A RELEASE OF THE RESPONSIBILITY AND LIABILITY OF

CONTRACTOR, ITS EMPLOYEES, SUBCONTRACTORS AND AGENTS FOR THE ACCURACY AND COMPETENCY OF THE INFORMATION PROVIDED AND/OR WORK PERFORMED; NOR SHALL SUCH

APPROVAL OR PAYMENT BE DEEMED TO BE AN ASSUMPTION OF SUCH RESPONSIBILITY OR

LIABILITY BY CITY FOR ANY DEFECT OR ERROR IN THE WORK PREPARED BY CONTRACTOR, ITS EMPLOYEES, SUBCONTRACTORS AND AGENTS.

21. CORRECTIONS. IN ADDITION TO THE ABOVE INDEMNIFICATION OBLIGATIONS,

CONTRACTOR SHALL CORRECT, AT ITS EXPENSE, ALL ERRORS IN THE WORK WHICH MAY BE DISCLOSED DURING CITY’S REVIEW OF CONTRACTOR’S REPORT OR PLANS. SHOULD

CONTRACTOR FAIL TO MAKE SUCH CORRECTION IN A REASONABLY TIMELY MANNER, SUCH

CORRECTION MAY BE MADE BY CITY, AND THE COST THEREOF SHALL BE CHARGED TO CONTRACTOR. IN ADDITION TO ALL OTHER AVAILABLE REMEDIES, CITY MAY DEDUCT THE

COST OF SUCH CORRECTION FROM ANY RETENTION AMOUNT HELD BY CITY OR MAY WITHHOLD

PAYMENT OTHERWISE OWED CONTRACTOR UNDER THIS AGREEMENT UP TO THE AMOUNT OF THE COST OF CORRECTION.

22. NON-APPROPRIATION OF FUNDS. PAYMENTS TO BE MADE TO CONTRACTOR BY CITY

FOR SERVICES PERFORMED WITHIN THE CURRENT FISCAL YEAR ARE WITHIN THE CURRENT

Page 209 of 309 ends

FISCAL BUDGET AND WITHIN AN AVAILABLE, UNEXHAUSTED FUND. IN THE EVENT THAT CITY DOES NOT APPROPRIATE SUFFICIENT FUNDS FOR PAYMENT OF CONTRACTOR’S SERVICES

BEYOND THE CURRENT FISCAL YEAR, THIS AGREEMENT SHALL COVER PAYMENT FOR CONTRACTOR’S SERVICES ONLY TO THE CONCLUSION OF THE LAST FISCAL YEAR IN WHICH

CITY APPROPRIATES SUFFICIENT FUNDS AND SHALL AUTOMATICALLY TERMINATE AT THE CONCLUSION OF SUCH FISCAL YEAR.

23. EXHIBITS. EXHIBITS A AND B CONSTITUTE A PART OF THIS AGREEMENT AND ARE INCORPORATED INTO THIS AGREEMENT BY THIS REFERENCE. IF ANY INCONSISTENCY EXISTS

OR ARISES BETWEEN A PROVISION OF THIS AGREEMENT AND A PROVISION OF ANY EXHIBIT, OR BETWEEN A PROVISION OF THIS AGREEMENT AND A PROVISION OF CONTRACTOR’S PROPOSAL, THE PROVISIONS OF THIS AGREEMENT SHALL CONTROL.

24. ENTIRE AGREEMENT AND MODIFICATION OF AGREEMENT. THIS AGREEMENT AND ALL

EXHIBITS REFERRED TO IN THIS AGREEMENT CONSTITUTE THE FINAL, COMPLETE AND

EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE PARTIES

PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT AND SUPERSEDE ALL OTHER

PRIOR OR CONTEMPORANEOUS ORAL OR WRITTEN UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES. NO PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, NOR IS

ANY PARTY RELYING ON, ANY REPRESENTATION OR WARRANTY EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. THIS AGREEMENT MAY NOT BE AMENDED, NOR ANY PROVISION OR BREACH HEREOF WAIVED, EXCEPT IN A WRITING SIGNED BY BOTH PARTIES.

25. HEADINGS. THE HEADINGS IN THIS AGREEMENT ARE INCLUDED SOLELY FOR

CONVENIENCE OF REFERENCE AND SHALL NOT AFFECT THE INTERPRETATION OF ANY

PROVISION OF THIS AGREEMENT OR ANY OF THE RIGHTS OR OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT.

26. WORD USAGE. UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, (A) THE WORDS “SHALL,” “WILL” AND “AGREES” ARE MANDATORY AND “MAY” IS PERMISSIVE; (B) “OR” IS NOT EXCLUSIVE; AND (C) “INCLUDES” OR “INCLUDING” ARE NOT LIMITING.

27. TIME OF THE ESSENCE. TIME IS OF THE ESSENCE IN RESPECT TO ALL PROVISIONS OF THIS AGREEMENT THAT SPECIFY A TIME FOR PERFORMANCE; PROVIDED, HOWEVER, THAT THE

FOREGOING SHALL NOT BE CONSTRUED TO LIMIT OR DEPRIVE A PARTY OF THE BENEFITS OF ANY GRACE OR USE PERIOD ALLOWED IN THIS AGREEMENT.

28. BUSINESS DAYS. “BUSINESS DAYS” MEANS DAYS MAYWOOD CITY HALL IS OPEN FOR BUSINESS.

29. GOVERNING LAW AND CHOICE OF FORUM. THIS AGREEMENT, AND ANY DISPUTE

ARISING FROM THE RELATIONSHIP BETWEEN THE PARTIES TO THIS AGREEMENT, SHALL BE

GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF

CALIFORNIA, EXCEPT THAT ANY RULE OF CONSTRUCTION TO THE EFFECT THAT AMBIGUITIES

ARE TO BE RESOLVED AGAINST THE DRAFTING PARTY SHALL NOT BE APPLIED IN INTERPRETING THIS AGREEMENT. ANY DISPUTE THAT ARISES UNDER OR RELATES TO THIS AGREEMENT (WHETHER CONTRACT, TORT OR BOTH) SHALL BE RESOLVED IN A SUPERIOR COURT WITH GEOGRAPHIC JURISDICTION OVER THE CITY OF MAYWOOD.

Page 210 of 309 ends

30. ATTORNEYS’ FEES. IN ANY LITIGATION OR OTHER PROCEEDING BY WHICH A PARTY

SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR

BOTH) OR SEEKS A DECLARATION OF ANY RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ALL ATTORNEYS’ FEES, EXPERTS’

FEES, AND OTHER COSTS ACTUALLY INCURRED IN CONNECTION WITH SUCH LITIGATION OR

OTHER PROCEEDING, IN ADDITION TO ALL OTHER RELIEF TO WHICH THAT PARTY MAY BE ENTITLED.

31. SEVERABILITY. IF A COURT OF COMPETENT JURISDICTION HOLDS ANY PROVISION OF

THIS AGREEMENT TO BE ILLEGAL, INVALID OR UNENFORCEABLE FOR ANY REASON, THE

VALIDITY OF AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL NOT BE AFFECTED AND CONTINUE IN FULL FORCE AND EFFECT.

32. COUNTERPARTS. THIS AGREEMENT MAY BE EXECUTED IN MULTIPLE COUNTERPARTS,

ALL OF WHICH SHALL BE DEEMED AN ORIGINAL, AND ALL OF WHICH WILL CONSTITUTE ONE AND THE SAME INSTRUMENT.

33. CORPORATE AUTHORITY. EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF

OF HIS OR HER PARTY WARRANTS THAT HE OR SHE IS DULY AUTHORIZED TO EXECUTE THIS

AGREEMENT ON BEHALF OF THAT PARTY AND THAT BY SUCH EXECUTION, THAT PARTY IS FORMALLY BOUND TO THE PROVISIONS OF THIS AGREEMENT.
[SIGNATURE PAGE FOLLOWS]

Page 211 of 309 ends

The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

City:

City of Maywood,
a California municipal corporation
By:

Eddie De LA Riva, Mayor
ATTEST:

By:

Brian E. Juarez, City Clerk
APPROVED AS TO FORM:

By:

Roxanne Diaz, City Attorney
Contractor:
_________________________
By:

Name: _______________________
Title: ________________________

Page 212 of 309 ends

City of Maywood
RFP for Tree Maintenance
and Emergency Response Services

Page 213 of 309 ends

Page 214 of 309 ends

Client Name / RFP Name
Client Name / RFP Name
3 Setting the Gold Standard

2. TABLE OF CONTENTS

1. COVER LETTER ...................................................................................................................... 2

2. TABLE OF CONTENTS ............................................................................................................ 3

3. EXPERIENCE & QUALIFICATIONS ......................................................................................... 4 Company Introduction ...................................................................................................... 4 Client References ............................................................................................................... 6 Key Personnel ...................................................................................................................... 7

4. APPORACH TO SCOPE OF SERVICES ............................................................................... 10

5. PROPOSED MATERIALS AND SERVICES ............................................................................ 13 Technology and Information Management ................................................................. 17 Equipment List ................................................................................................................... 19

Page 215 of 309 ends

Client Name / RFP Name
Client Name / RFP Name
4 Setting the Gold Standard

3. EXPERIENCE & QUALIFICATIONS
Company Introduction
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over 1,200 full-time employees providing tree maintenance and management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe tree care operations seven days a week, 24 hours a day
throughout California and Arizona.

OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are to the communities where we do business. We hold ourselves to the highest standards of ethical conduct and environmental responsibility, communicating openly with our customers and the communities in which we work. It is our goal and vision to lead the industry in state-of-the-art urban tree care and management services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your complete satisfaction with every facet of our services. Our dedication to customer service has earned WCA a reputation unrivaled in the industry for dependability, integrity, quality and courtesy. We authorize our employees to do whatever is necessary to achieve the highest quality results. We know that high quality work saves our customer’s valuable time and is far more cost effective if we do our work properly the first time. We are committed to courteous and prompt customer service to fully resolve any issue.

COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:

LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com

CORPORATE OFFICE
2200 E. Via Burton St.

Anaheim, CA 92806

REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA

CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]

FIELD MANAGEMENT
Gonzalo Regalado, Area
Manager
2200 E. Via Burton
Anaheim, CA 92806
Phone (714) 991-1900
Fax (714) 956-3745
Email: [email protected]
EMERGENCY RESPONSE 24/7
1-800-LIMB-DOWN

Page 216 of 309 ends

Client Name / RFP Name
Client Name / RFP Name
5 Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance with the specifications, budget, schedule and with the highest quality of service. Our customers’ satisfaction is a direct result of our means to carry out each project. Listed below are some of our corporate capabilities, which not only provide a sense of comfort and confidence to our customers, but also assure them of our continuous ability to carry out the duties of managing their urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49, C49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,200+ employees
• 350+ contracts with public agencies
• 95+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20,000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years • Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $190 million annually
• Fleet of approximately 1,600 pieces of equipment
Active Memberships:

Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)

Page 217 of 309 ends

6 Setting the Gold Standard
Client References
CITY OF MONTEBELLO SINCE 2007
WCA performs various tree maintenance services for the City including the Parks and Public Works. Services include pruning, removals, plantings, and emergency response asneeded. WCA maintains all tree maintenance records in ArborAccess.

Contact: James Coiner, Deputy Director Recreation and Community Services 1700 W. Victoria Ave., Montebello, CA 90640 ~ (323) 887-1200 x378 ~ [email protected]
ANNUAL BUDGET: $531,000
CITY OF WHITTIER SINCE 2005
WCA performs various tree maintenance services for the City and maintains the work records for over 22,000 city-owned tree sites including parkway, parks, facilities. The City of Whittier is currently on a 5 year grid trim maintenance cycle. Emergency response is also provided.

Contact: Wayne McBurney, Tree Maintenance Supv.
13230 Penn St., Whittier, CA 90602 ~ (562) 464-3375 ~ [email protected] ANNUAL BUDGET: $1,000,000
COUNTY OF LOS ANGELES SINCE 2010
WCA trims nearly 25,000 trees of the county's 500,000 tree population annually. We also perform tree removals and tree planting on an as-needed basis. Part of our work requirements include palm tree inspection and bird nesting inspections as work is performed.

Contact: Nathan Birdwell, Tree Superintendent
38126 N. Sierra Highway, Palmdale, CA 93550
(661) 974-7173 x. 257 ~ [email protected]
ANNUAL BUDGET: $8,000,000
CITY OF ALHAMBRA SINCE 1997
WCA performs tree maintenance in several areas including blocks, medians, trails, facilities and parks. WCA assisted the City in developing a Master Plan for the urban forest. In 2012 the GPS inventory was updated to reflect the circumstantial changes effected by the storm damage in 2011. The City’s tree population is over 18,500 trees.

Contact: Janell Mathani, Urban Forest Administrator
111 S. First Street, Alhambra, CA 91801 ~ (626) 308-4874 ~ [email protected] ANNUAL BUDGET: $800,000
CITY OF SOUTH EL MONTE SINCE 2017
WCA performs various tree maintenance services for the City. The City is currently on a routine annual tree trimming cycle which includes major arterials, residential areas, parks, and facilities. WCA maintains all tree maintenance records in ArborAccess. Emergency response is also provided.

Contact: Jose Figueroa, Community Development Director
1415 Santa Anita Ave., South El Monte, CA 91733 ~ (626) 579-6540 x3244 ~ [email protected]
ANNUAL BUDGET: $315,000

Page 218 of 309 ends

7 Setting the Gold Standard
Key Personnel
Meet the Team: Project Team
NICK ALAGO Regional Manager/V.P.

Mr. Alago has been with WCA since 1999. He has nearly 35 years’ experience in the arboriculture field. He started with WCA as a Foreman and was continuously promoted, reaching the status of Area Manager. For over 10 years, he excelled as an Area Manager for the Inland Empire and was promoted in 2020 to Regional Manager. As a Regional Manager for the Los Angeles and Inland Empire areas, he oversees the operations and provides support to the Area Managers. His extensive knowledge of the urban forest is a columniation of experience and continued education as well as certification that is offered in the industry.
• ISA Certified Arborist Utility Specialist #WE-4396AU
• TCIA Certified Treecare Safety Professional #250
• ISA Tree Risk Assessment Qualified
• TLC Wildlife Area
GONZALO REGALADO Area Manager
Mr. Regalado has over 20 years’ experience in the tree care industry as he joined WCA, Inc. in 2002.

During his career, he has earned many promotions within the company; from Groundman to Tree Trimmer to Foreman to Supervisor and now as Area Manager. He has achieved necessary certifications and completes continued education units to maintain his credentials. As an Area Manager, he will be the Agency’s main point of contact as he is responsible for providing customer service, estimating work, while managing filed operations and crews throughout the Southeast Los Angeles region. His experience includes managing large contracts such as City of Bell, City of Pico Rivera, City of Santa Fe Springs, and the City of Whittier. • ISA Certified Arborist/Tree Worker Climber Specialist #WE-9952AT • TCIA Certified Treecare Safety Professional (CTSP) #03952 • ATSSA Traffic Control Technician #459653
JOSE DELREAL Project Supervisor
Mr. DelReal has over 10 years’ experience working with WCA and currently supervises more than 35 employees in the Southeast Los Angeles region. Responsibilities of the Project Supervisor includes assisting the Area Manager in scheduling, overseeing the crew’s daily activities, employee training programs and ensuring proper safety procedures are being followed. Regular communication with the customer and citizens can be expected as related to scheduling, work being performed and any other inquiries that may arise while on the job site. • ISA Certified Arborist/ Tree Worker Climber #WE-11231AT • TCIA Certified Treecare Safety Professional (CTSP) #3514 • ISA Tree Risk Assessment Qualified
• TLC Wildlife Aware

Page 219 of 309 ends

8 Setting the Gold Standard
Meet the Team: Support Staff
ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018. As WCA’s GIS Manager, he works on a wide range of projects including tree inventories scope and collection, iTree analysis, tree canopy assessments, tree planting prioritization, ArborAccess training, grant funded tree planting projects, and much more. He was worked with tree inventories of all sizes from small campus inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has in-depth knowledge and understanding of tree inventories, urban forestry best practices, and spatial data and works closely with office and field personnel to ensure tree inventories, reports, and analysis exceed customer expectations.
• ISA Certified Arborist #WE-12738A
• FAA UAS Part 107 Remote Pilot
• M.S. Geographic Information Science (GIS), CSU Long Beach • B.A. Environmental Science, Boston University
DAIZY CASTRO Customer Service Rep.

As the CSR (Customer Service Representative), Ms. Castro is responsible for providing support to the Area Manager, Site Supervisor and crew. She is to act as a liaison between the company and it’s clients as well as the general public. Ms. Castro is responsible for responding to customer service inquires and facilitating contracting functions, such as: mapping, underground service alert, data entry, field book preparation, list preparation, etc.

TIM CROTHERS Plant Health Care Manager
Mr. Crothers has over 20 years of experience working in the horticulture industry. He started working at WCA in 2012 as a supervisor. He was quickly promoted to Area Manager, a role that required him to produce reports as a Certified Arborist as well as train staff and clients in proper tree care, inventory management, landscape design and plant identification. In his role as Plant Health Care Manager, Mr. Crothers supervises arborist services staff and plant health care operations throughout California and Arizona. He oversees the creation of Urban Forestry Master Plans (UFMPs) and is a Registered Consulting Arborist by the American Society of Consulting Arborists. • ISA Board Certified Master Arborist #WE-7655BUM
• B.S. Environmental Horticultureal Science
• ASCA Registered Consulting Arborist #721
• CA Dept. Pesticide Regulation QAL #145321 B, D
• ISA Tree Risk Assessment
• Qualified & TLC Wildlife Aware

Page 220 of 309 ends

9 Setting the Gold Standard

Page 221 of 309 ends

10 Setting the Gold Standard

4. APPORACH TO SCOPE OF SERVICES
Grid Tree Pruning
Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and in its entirety. This includes pruning all trees (small, medium, and large-sized.) Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and shall have no more than 15% of the live foliage removed at a given time.

Special Request Tree Pruning
Special Request Tree Pruning includes tree maintenance services on designated tree(s) as ordered by the City’s Arborist or designee. This category of pruning may include structural pruning, crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is ordered by the City, pruning will be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have approximately 25% of the live foliage removed at a given time.

Pruning to reduce the tree’s crown (or Crown Reduction Pruning) may be performed when conditions within the crown of a hardwood tree are such that the overall canopy mass and excessive wood weight needs to be reduced. This type of prune is performed when the City’s primary objective is to maintain or improve tree health and structure and will be charged at the Crew Rental rate as agreed upon by the City and WCA.

Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner to achieve the required clearances as specified and in accordance with the California Public Utilities Commission. It is our goal to protect the current health and condition of the tree and to maintain its symmetry and direct growth away from the utility lines.

Young Tree Maintenance (Optional)
Proper pruning and care during the early stages of the tree’s life will save money in the future, and create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is performed early will affect its shape, strength and life span. Our specialized small tree care team consists of certified personnel trained to perform the following under the hourly rate:
• Selective structural pruning
• Removal of dead, interfering, split and/or broken limbs • Pre-conditioning the water retention basin built around the tree • Staking or re-staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement

Page 222 of 309 ends

11 Setting the Gold Standard
Root Pruning
We strongly recommend against any root pruning, however, should the city elect to proceed, we recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or vibrate the root causing damage to the tree. The excavated area will be backfilled with native soil and debris will be hauled away. This is performed under the hourly rate.

Tree and Stump Removal Operations
With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. The removal process consists of lowering limbs delicately onto the ground to prevent any hardscape damage.

Immediately following the removal, the stump will be ground down, if ordered to do so and with proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump grinders. These are intended to remove tree stumps and exposed root systems close to ground level. Tree removal and stump removal are to be charged separately in accordance with the contract.

Tree Watering
Tree watering will be performed by a full-time, WCA team member on various routes, when requested by the Agency. This team will also be responsible for reporting special care needs to the small tree care team. This could include reporting weeds, soil that has settled, and/or staking and tying needs. WCA currently provides tree watering in the cities of Culver City, Santa Clarita and Santa Monica as part of their regular tree maintenance services.

Emergency Response
We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll free number is 866-LIMB-DOWN (866-546-2369). This number will be provided to the Agency, Police Department and/or Fire Department. Our emergency response team will do what is necessary to render the hazardous tree or tree-related condition safe until the following workday.

Tree Planting
We can replace trees that have been removed and plant new trees in accordance with the City’s specifications. We are prepared financially and logistically to acquire and purchase selected tree species for tree planting. At a minimum of 48 hours in advance we will inform Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines. A well-trained planting team will perform the soil preparation and installation of the tree.

Page 223 of 309 ends

12 Setting the Gold Standard
Crew Rental
Due to our vast amount of resources, including our specialty equipment and qualified personnel we are able to extend our commitment to our customers by providing various miscellaneous services outside of the most common tree maintenance services:
• Misc. use of aerial towers and cranes (including equipment rental) • Crown reduction
• Crown restoration
Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree evaluations and site inspections based on your specific needs. Reporting can be generated for one tree or an entire selection and is handled on a case-by-case basis.

WCA provides the technology,
management, and civic experience
that makes it the preferred tree
management partner across the West.

Plant Health Care
Tim Crothers, Plant Health Care Manager
• ISA Board Certified Master Arborist WE-7655 BUM
• DPR Qualified Pest Control Applicator #145321
• QAL Category B & D
Our PHC program managed by Tim goes beyond standard chemical applications. We have developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis before treatment. WCA is staffed with licensed applicators and advisors that are environmentally conscious as well as compliant with the California Department of Pesticide Regulation. This service allows us to provide you with:
• Proper diagnosis based on on-site inspection with laboratory testing when necessary • Proactive and preventative recommendations that reduce the amount of potential pest and disease issues
• Follow-up evaluations to ensure that the recommended treatments result in a healthy and balanced urban forest

Page 224 of 309 ends

13 Setting the Gold Standard

5. PROPOSED MATERIALS AND SERVICES
Implementation Plan
To ensure the quality of work and the level of service
expected, WCA abides by a well-defined quality control
plan that incorporates the following:
• Certified personnel
• Safety
• Pruning specifications and guidelines
• Sound equipment
• Public relations
• Proper traffic control
• State-of-the-art communication systems
Area Manager: Gonzalo Regalado
ISA Arborist Certification #: WE-9952AT
TCIA CTSP #459653
ATSSA Traffic Control Technician #459653
The project Area Manager will be the central point of contact and will work cooperatively with Agency staff, local residents and business owners, etc. The Area Manger will provide overall field supervision and crew management.

Daily Management
Daily management will consist of, but not be limited to:
• Email notification complete with location, crew, equipment type, and work description • Supervise crew personnel to insure proper pruning standards are followed in a safe manner • Traffic control setup and maintenance of work zone
• Ensure work area is left free of debris at the end of shift • Maintain record of work completed each day
• Maintain good public relations at all times
• Provide immediate notification to Agency Inspector upon damage of personal property including a plan for corrective measures to take place within 48 hours Weekly Management
• Weekly management will consist of, but is not limited to:
• Weekly inspection of work completed
• Meet with the Agency to review work schedule and progress • Insure standards of pruning are performed in accordance with Agency specifications • Maintain open communication
Special shifts including
weekends and evenings
can be arranged in
accordance with the
Agency’s specifications.

Page 225 of 309 ends

14 Setting the Gold Standard
Public Notification
Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents instructing them on the proper care for their newly planted tree. For more comprehensive outreach we can also submit a press release for special projects or routine maintenance. The Agency may modify the procedures and materials to which we notify residents.

Communication Systems
Our use of modern and reliable communication systems affect our daily job performance by increasing our efficiency. Management and Field Personnel utilize smart phones as both navigational and communication devices in the field. Smart phones have proven to be a convenient method to input data as related to tree inventories, daily work records, timesheets, photos, and billing information; eliminating the need to handwrite data and improving customer service by minimizing response time.

Permits and Licensing
WCA will procure a City Business License as necessary, and any “no-fee” permits prior to commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be charged back to the Agency.

Right-of-Way
All work will be performed in the public right-of-way. Employees will not utilize private property for eating, breaks or any other reason or use water or electricity from such property without prior written permission of owner.

Cooperation and Collateral Work
WCA will give right to operate within the project to the Agency workers and/other contractors, utility companies, street sweepers, and others as needed in a cooperative effort to minimize interference in daily operations.

Project Site Maintenance
Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust, or any other air containments in quantities that violate the regulations of any legally constituted authority.

Scheduling of Work
The Area Manager is responsible for scheduling work which shall conform to the Agency’s schedule of performance. We recommend equal distribution of work throughout the course of the fiscal year. Notifications will be provided to residents prior to the start of pruning operations in said area. All work will be performed in a cooperative manner as to cause the least amount of interference or inconvenience.

Page 226 of 309 ends

15 Setting the Gold Standard
Quality Control
Feedback
WCA regularly receives and tracks feedback from customers and residents as a means to acknowledge good performance and provide prompt resolution for any negative comments.

Every month, a summary of the feedback is then reviewed by the management team.

Customer Service Department
As we work with, or near, the public, we are mindful that we will most likely be the first person the public contacts. We have a full-time Customer Service Department with each Customer Service Representative (CSR) trained in addressing concerned residents and bystanders.

Complaints & Damage Resolution
Should there be any property damage, we adhere to specific procedures to resolve the problem.

The Foreman on the job site will notify the resident and the Inspector immediately.

If the resident is not at home, then we will leave a WCA card with instructions to call our Claims Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in the same condition as before we entered it. We will notify the Agency Representative immediately upon damage of private property including plans for corrective measures to take place within 48 hours.

Any activities found by the Agency to be unacceptable will be rectified immediately. All other complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have teams specifically assigned for handling damage to properties, both private and public. Through our communication system, we have the ability to dispatch either of these teams and have them respond immediately to the site for proper repair.

We pride ourselves on professional workmanship to avoid these types of incidents, however, should one occur, we take all appropriate measures to resolve the matter in a timely and efficient manner.

Protection of Public and Private Property
WCA will provide all safety measures necessary to protect the public and worker within the work area. We will maintain good public relations at all times. The work will be conducted in a manner which will cause the least disturbance.

Safety & Training
Safety Program
Safety standards are top priority at West Coast Arborists, Inc. Our line of work demands that all work is performed in a manner that provides the maximum safety to the general public as well as our employees. Our crews are instructed to follow the safety standards of ANSI Z133.1 as well as Cal-OSHA requirements. We have one of the most extensive safety training programs in the industry. We provide our employees with state-of -the-art training tools and instructional sessions company wide. Our insurance carriers and Cal-OSHA have recognized us repeatedly for outstanding safety training efforts.

Page 227 of 309 ends

16 Setting the Gold Standard
We have a full time Safety & Training Manager, Dane Jensen, that is professionally trained in the field of horticulture. As WCA’s Training Manager, Dane is responsible for staying up-to-date on all tree-related industry standards as related to safety and the wellness of our employees and the public in which we serve. Training materials are regularly reviewed and updated to ensure WCA employees receive the proper education, instruction and hands on experience needed to perform their day to day activities safely and efficiently. Training topics include a full-circle from proper pruning techniques, arboriculture, to customer service and everything in between. • ISA Certified Utility & Municipal Arborist #WE-12014A • ISA Skills Test Evaluator—TW Climber
• TCIA Certified Treecare Safety Professional #3303
• ISA Tree Risk Assessment Qualification #E4068
• American Heart Association BLS and First Aid Instructor Public Convenience and Safety
WCA will comply with any and all local sound control and noise level rules, regulations, and ordinances which apply to any work performed in the contracted area. All work will cease by 5:00 pm or as directed by the Agency (excluding emergency services).

Employee Training Program
West Coast Arborists, Inc. provides an extensive in-house training curriculum for all employees to broaden their knowledge of the arboriculture field of study. Included in this training are the ISA standards, both Treeworker and Arborist study programs, and a variety of Tree Care Industry Association home study programs. We also offer training courses to our staff in areas of customer service satisfaction, maintaining professional conduct, and Qualified Line Clearance Trimmer Training.

Our Training and Safety team members are tasked with completing field evaluations of crews and members are on-site to coach and train employees on safe practices. Employees receive performance evaluations at 90 days, 6 months, then annually (or as-needed) after their first year.

All employees are provided copies of WCA’s Injury & Illness Prevention Program.

Traffic Control
Traffic control procedures will be set-up in accordance with the Work Area Traffic Control Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow of traffic over the public streets and park roads. Every effort will be made to keep commercial driveways and passageways open to the public during business hours. High visibility arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety equipment and devices. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker will serve to coordinate safe operations on the ground at all times when work operations are in progress.

Page 228 of 309 ends

17 Setting the Gold Standard
Technology and Information Management
ArborAccess
Our tree management program sets us apart from
other companies. With nearly 2,000 active users,
ArborAccess and our mobile app will help you easily
manage your urban forest with ease and
convenience. Tree site attributes include location
(utilizing GPS coordinates), species type, and
parkway size. Features allow you to view and edit
work history records and create work orders directly
from the field, all from our secure cloud.

The information contained in ArborAccess is live
data that can also be linked directly to a GIS
program, such as ArcView, for geo-coding purposes
and can assist your Agency in meeting GASB34
requirements. ArborAccess provides an unlimited
resource of information regarding your urban forest.

Software Training
Our IT Department is based out of our corporate office in Anaheim, CA with regional offices located throughout California and Arizona. Each office has the ability to provide software training to our customers. We are also available to provide training sessions on-site at the customer’s discretion. On-site training is proven to be effective as it provides a guided hands-on experience.

We offer periodic tree maintenance and management workshops each year.

These free workshops are provided to our customers regionally and educate over 250 people annually. They have proven to be a great round-table and networking opportunity for the different agencies in attendance. Presentations are provided by WCA management staff and complimented with guest speakers in the industry.

Certified Arborists and Tree Workers who attend are eligible to receive continuing education credits (CEU’s) from the International Society of Arboriculture.

The success of any urban forest program depends on the proper management of information. Unlimited telephone and/or email support is available to answer technical questions and aid staff in the use of the software system. Software training and support is included in the cost associated with the inventory data collection.

List Tracking System
The List Tracking Report in ArborAccess is a useful tool in the management of incoming work. This report allows both parties to track specific jobs as they are ordered by the Agency. Proper use of this system enables the Agency and WCA to track the completion of work that is ordered.

ArborAccess Features
Ease of use
Create work orders
View tree site details
View work history
View invoices
Mobile app
Live data
GIS/GPS mapping

Page 229 of 309 ends

18 Setting the Gold Standard
Billing
WCA, Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will reflect an amount complete for the billing period, along with a year-to-date total for that job.

Each billing will include a listing of completed work by address, tree species, work performed and appropriate data acceptable to the customer. This information will be supplied in hardcopy and immediately accessible on ArborAccess. Job balances reflecting the percent of completion for each job can be viewed on ArborAccess.

Sample Management Tools: Detailed Tree Site Characteristics The advanced technology provides a valuable tool to urban forestry professionals by displaying specific tree site information along with a representative photograph of the species type and a recommended maintenance field. ArborAccess’ built-in quality control features assist in data accuracy. As maintenance is performed, the work history is updated and accompanied with biweekly invoices. This process eliminates the need for dual-inputting and helps keep the tree inventory current and accurate.

Maintenance Records
Accurate maintenance records for each location oftentimes can assist the Agency with liability claims. Maintaining a detailed history of the work performed at each location demonstrates good faith in preserving its urban forest. It is imperative that work requests are pulled from the system prior to the work being performed, otherwise inventory accuracy is not guaranteed.

Sample: Species Frequency Report
The Species Frequency report can assist your
Agency in identifying the tree population within
the urban forest. This type of information is
valuable in the event of an insect infestation,
deadly disease, or even estimating future
maintenance costs. In addition, an analysis can
be performed to evaluate the history of the
performance of a particular species within your
Agency.

Detailed Reporting Options
Inventory Work History District Frequency
View Invoices Work Type by District Species Frequency (sample above) Job Balances DBH Frequency All Tees at an Address
Green Waste Height Frequency Estimated Tree Value

Page 230 of 309 ends

19 Setting the Gold Standard
Equipment List
Our modern fleet undergoes daily inspection prior to
use to ensure efficiency and safety. All equipment is
routinely serviced, painted, and detailed. All
equipment used during the duration of this project
will meet state and federal safety requirements and
have all up-to-date certifications, as required.

CHP Biennial Inspection of Terminal
Certification
We have successfully been awarded the CHP
Biennial Inspection Award of Recognition. This
inspection has assisted our company in instituting
several safety programs, as well as our Preventative
Maintenance Program utilized by our in-house fleet
department. The inspection reviews our vehicle
maintenance and repair records, our procedural
methods and policies for vehicle maintenance and
operations. This certification ensures that our vehicles operate safely.

Telematics (GPS)
WCA has partnered with Geo-Tab to provide GPS units on all vehicles and equipment. This investment has given us and our customers the following benefits:
• Provide faster response times and more efficient routing allowing us to service more customers • Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance, and minimizing costly vehicle repairs
• Decrease fuel use by monitoring fleet fuel
economy and saving on unnecessary fuel
expenditures
• Reduce emissions by helping drivers improve their
habits such as speed and idle time, and reducing
total miles driven which will significantly reduce
harmful greenhouse gas emissions
• Improve dispatching with landmarks and driving
directions, GPS units helps us to better dispatch so
that we can service more customers, faster
• Recover stolen vehicles reducing liability costs
which can be passed on to customers

Page 231 of 309 ends

20 Setting the Gold Standard

IN-HOUSE FLEET MAINTENANCE
We currently have more than 1,600 pieces of fairly new equipment that enables us to replace equipment immediately should there be any unforeseen mechanical problems. We employ over 50 full-time mechanics that perform an in-house fleet maintenance program. This allows our equipment to be in good operating condition necessary for accomplishing the City’s needs. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time. Equipment is assigned to different crews and if the crew is shared with another contract the equipment will be as well.

PREVENTATIVE MAINTENANCE PROGRAM
All WCA equipment goes through our Preventative Maintenance program. From our solar powered arrow boards, to our Freightliner Roll Off trucks. Our mechanics generally work on one particular line of equipment, and by keeping our equipment as uniform as possible our mechanics really get to know the equipment inside and out minimizing down time.

SUSTAINABILITY
Over the last few years, we have invested heavily in new equipment to keep our fleet modern, comply with state requirements, meet demand, and reduce our effects on the environment. We understand with a fleet as large as ours that we are responsible for the amount of emissions our vehicles produce and actively make an effort to monitor and reduce our carbon footprint.

Through our ability to
dedicate specific
pieces of equipment
for this project, we
believe it will lead to a
successful program.

Page 232 of 309 ends

-1-
12501-0001\2330593v1.doc ver. 08/2019

CITY OF MAYWOOD

MAINTENANCE SERVICES AGREEMENT
THIS MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into as of November 1, 2024 (“Effective Date”), by and between the CITY OF MAYWOOD, a California municipal corporation (“City”) and West Coast Arborists, Inc., a California Corporation (“Contractor”). Contractor’s license number is 366764 (C27, Landscape Services), (C61, Tree Services), (C49, Tree and Palm), (C31, Traffic Control); Contractor’s DIR registration number is 10000009556.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Scope of Services. Contractor shall perform the work and provide all labor, materials, equipment and services in a good and workmanlike manner for the project identified as tree maintenance and emergency response services, as described in this Agreement, the Scope of Work attached hereto as Exhibit A, and incorporated herein by this reference, and Contractor’s Proposal dated August 15, 2024, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference (“Services”). In the event of any conflict between the terms of this Agreement and the incorporated documents, the terms of this Agreement shall control.

2. Extra Work. Extra work, when ordered in writing by the City Manager or her designee and accepted by Contractor, shall be paid for in accordance with the terms of the written work order. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and the City. All extra work shall be adjusted daily upon the report sheet furnished by Contractor, prepared by the City, and signed by both parties; and the daily report shall be considered thereafter the true records of extra work done.

3. Term. The term of this Agreement shall be from the Effective Date through November 1, 2024, unless sooner terminated pursuant to Section 13 of this Agreement or extended. Additionally, there shall be two one-year options to renew the Agreement with the mutual written consent of both parties.

4. Time of Performance.

A. Contractor will not perform any work under this Agreement until:
1) Contractor furnishes proof of insurance as required under Section 14 of this Agreement; and
2) City gives Contractor a written notice to proceed.

Page 233 of 309 ends

-2-
12501-0001\2330593v1.doc ver. 08/2019
B. Should Contractor begin work in advance of receiving written authorization to proceed, any such professional services are at Contractor’s own risk.

5. Time. Time is of the essence in this Agreement.

6. Force Majeure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of public enemies, acts of the government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes.

Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay, and shall upon request update such notice.

7. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement,Said Compensation shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable).

8. In consideration of the Services rendered hereunder, City shall pay Contractor a fee not to exceed One Hundred Seventy-Six Thousand One Hundred Forty-Five Point Ninety-Three Dollars ($176,145.93) over the three (3) year term of this Agreement, in accordance with the prices as submitted in Exhibit B. In no event shall the total compensation paid Contractor exceed Fifty-Five Thousand Eight Hundred Seventy-Five Dollars ($55,875.00) for initial year of the term (year one), Fifty-Eight Thousand Six Hundred Sixty-Eight Point Seventy-Five Dollars ($58,668.75) for year two of the term, and Sixty-One Thousand Six Hundred Two Point Eighteen Dollars ($61602.18) for year three of the term. City shall not pay Contractor for any services not specified in the Services, unless the City authorizes such services in writing as set forth in this Agreement.

9. Payments.

A. Invoices. Contractor shall submit to City an invoice on a monthly basis for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Contractor in writing within ten business days of receipt of any disputed invoice amounts.

B. Payments. City shall make payments of all undisputed invoice amounts within 30 calendar days after receipt or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts.

Page 234 of 309 ends

-3-
12501-0001\2330593v1.doc ver. 08/2019
City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor.

10. Taxes. Contractor shall calculate payment for all sales, unemployment, and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit B.

11. Audit. City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor. Contractor will promptly furnish documents requested by City. Additionally, Contractor shall be subject to State Auditor examination and audit at the request of City or as part of any audit of City, for a period of three years after final payment under this Agreement.

12. Records and Inspections. Contractor shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment under this Agreement.

13. Unresolved Disputes. In the event of any dispute or controversy with City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work but shall proceed with the performance of the work in dispute. Maywood Municipal Code Chapter 3 of Title 3 (“Claims and Demands”) shall govern the procedures of the claim process, and these provisions are incorporated herein by this reference.

14. Termination. This Agreement may be terminated by City at any time with or without cause and without penalty upon 30 days’ written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all Services satisfactorily rendered prior to date of termination, and such payment shall be in full satisfaction of all Services rendered hereunder. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation.

15. Indemnification, Hold Harmless, and Duty to Defend.

Page 235 of 309 ends

-4-
12501-0001\2330593v1.doc ver. 08/2019
liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the parties.

Page 236 of 309 ends

-5-
12501-0001\2330593v1.doc ver. 08/2019
expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

D. Survival of Terms. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

16. Insurance Requirements.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Contractor has no employees while performing Services under this Agreement, a workers’ compensation policy is not required, but Contractor shall execute a declaration that it has no employees.

Page 237 of 309 ends

-6-
12501-0001\2330593v1.doc ver. 08/2019
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City, its elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.

E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Contractor shall, within two business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval.

Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager.

Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies

Page 238 of 309 ends

-7-
12501-0001\2330593v1.doc ver. 08/2019
providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.

17. Antitrust Claims. Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Agreement.

This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

18. Familiarity with Work.

A. By executing this Agreement, Contractor represents that it has 1) Thoroughly investigated and considered the scope of Services to be performed;
2) Carefully considered how the Services should be performed; and 3) Understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

B. If Services involve work upon any site, Contractor warrants that it has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the Services hereunder. Should Contractor discover any latent or unknown conditions that may materially affect the performance of the Services, Contractor will immediately inform City of such fact and will not proceed except at Contractor’s own risk until written instructions are received from City.

19. Independent Contractor. Contractor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as herein set forth; and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City.

Page 239 of 309 ends

-8-
12501-0001\2330593v1.doc ver. 08/2019

20. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C, attached hereto and incorporated herein by this reference.

21. Workers’ Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

22. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any individual, employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all state statutes and local ordinances and regulations.

23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractors pursuant to California Labor Code Section 1777.1 or 1777.7.

24. Mutual Cooperation.

A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s performance of the Services required under this Agreement.

25. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement.

26. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.

Page 240 of 309 ends

-9-
12501-0001\2330593v1.doc ver. 08/2019

27. Payment Bond: REQUIRED – or – NOT REQUIRED
Contractor shall obtain a payment bond in an amount that is not less than the total compensation amount of this Agreement, and nothing in this Agreement shall be read to excuse this requirement. The required form entitled Payment Bond (Labor and Materials) is attached hereto as Exhibit D and incorporated herein by this reference.

28. Contractor’s Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under this Agreement; c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding; and d) to Contractor’s actual knowledge, neither Contractor nor its personnel have been convicted of a felony.

29. Warranty.

Contractor warrants that the work, including equipment and materials, shall conform to professional standards of care and practice in effect at the time the work is performed. Work shall be of the highest quality, and be free from all faults, defects, or errors. Whenever required by the specifications of the RFP, the Contractor warrants that all equipment and materials provided shall be new. All equipment and materials provided by the Contractor shall be merchantable and fit for the purpose intended.

Contractor shall warrant all labor and materials for a period of one (1) year from completion of work. The Contractor shall correct such fault, defect, or error, at no additional cost to the City. If Contractor fails to correct the problem under the warranty within a reasonable time, the City may elect to have the work performed by someone else. Contractor shall refund to the City, the charge paid to another contractor, which is attributable to such portions of the faulty, defective or incorrect work. Contractor shall be liable for secondary, incidental, or consequential damages of any nature resulting from any work performed under this Agreement.

30. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services under this Agreement which is or may likely make Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement.

31. Third Party Claims. City shall have the discretion and full authority to compromise or otherwise settle any claim relating to this Agreement at any time. City shall timely notify Contractor of the receipt of any third-party claim relating to this Agreement. City shall be entitled to recover its reasonable costs incurred in providing this notice.

Page 241 of 309 ends

-10-
12501-0001\2330593v1.doc ver. 08/2019

32. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof, whether by assignment or novation, without City’s prior written consent. Any purported assignment without written consent shall be null, void, and of no effect; and Contractor shall hold harmless, defend and indemnify City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

33. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the parties to this Agreement and no other person or entity may have or acquire a right by virtue of this Agreement.

34. Non-Appropriation of Funds. Payments to be made to Contractor by City for Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor’s Services beyond the current fiscal year, this Agreement shall cover payment for Contractor’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

35. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court.

36. Attorneys’ Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to any other relief to which the party may be entitled.

37. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

38. Time is of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

39. Incorporation by Reference. All Exhibits attached hereto are incorporated herein by reference. The documents, payment and performance bonds, City insurance requirements, together with this written Agreement (and all Exhibits, documents and laws referenced therein), shall constitute the entire agreement between the parties as to the subject matter of this Agreement. In the event of any conflict between this Agreement and any Exhibit hereto, the provisions of this Agreement shall control.

Page 242 of 309 ends

-11-
12501-0001\2330593v1.doc ver. 08/2019

40. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

41. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of this Agreement.

42. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

43. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s or City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed below, or at such other address as one party may notify the other:

To City:

City Manager
City of Maywood
4319 Slauson Avenue
Maywood, CA 90270
To Contractor:

West Coast Arborists, Inc.

Patrick Mahoney, President
2200 E. Via Burton Street
Anaheim CA 92806

44. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

45. Corporate Authority. The persons executing this Agreement on behalf of Contractor warrant and represent that they have the authority to execute this Agreement

Page 243 of 309 ends

-12-
12501-0001\2330593v1.doc ver. 08/2019
on behalf of Contractor and have the authority to bind Contractor to the performance of its obligations hereunder.

46. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [SIGNATURE PAGE FOLLOWS]

Page 244 of 309 ends

-13-
12501-0001\2330593v1.doc ver. 08/2019
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.

CITY OF MAYWOOD:

By: _____________________________
Eduardo De La Riva, Mayor
ATTEST:

By: _____________________________
Gerardo Mayagoitia, City Clerk
APPROVED AS TO FORM:

By: _____________________________
Roxanne Diaz, City Attorney
CONTRACTOR: WEST COAST
ARBORISTS, INC.
___________________________________
By:________________________________
Printed Name:_______________________
Title:______________________________

Page 245 of 309 ends

Exhibit A
12501-0001\2330593v1.doc ver. 08/2019

EXHIBIT A
Scope of Work

Page 246 of 309 ends

-2-
12501-0001\2330593v1.doc ver. 08/2019

EXHIBIT A
I. SCOPE OF SERVICES
The scope of work for the project includes providing all necessary services to perform and complete the proposed tree maintenance work thoroughly and professionally, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner meeting the City's requirements. Contractor may be required to perform the following tree maintenance activities at various sites throughout the City:

1. Tree pruning 12. Palm crown/nut trimming and shaping

2. Tree removal 13. Root pruning

3. Tree planting 14. Specialty equipment rental

4. Crew rental 15. Arborist services/inspection

5. Emergency response 16. Foliar and pesticide treatments

6. Line clearance pruning 17. Additional work

7. Clearance pruning 18. Data entry

8. Grid pruning program 19. Webpage development

9. Tree watering 20. GPS Tree inventory

10. Small tree care 21. Online maintenance access*

Page 247 of 309 ends

-3-
12501-0001\2330593v1.doc ver. 08/2019
history, and tree and planting site location. The tree inventory software program shall be an Internet-driven tracking program. The program shall have the capability to produce detailed listings of tree and site information, work histories, invoice records, service requests, summary reports and pictures of City tree species. The Contractor shall provide software support to the City for the entire term of the contract. The Contractor may be asked to provide the City with recommendations for tree maintenance, and recommended removals. Attributes to be collected by field personnel for inventory purposes may include Address, Street, Facility, Species, Diameter, Crown, Height, recommended maintenance, overhead utilities and parkway size and type. 3) GPS TREE INVENTORY DETAIL
Provide the City with Global Positioning System (GPS) coordinates for all trees in public spaces. This includes but is not limited to all publicly owned trees on street rights-ofway, sidewalk parkways, City Parks, City owned properties/facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program. Using a handheld computer and a backpack GPS receiver, the inventory collector will identify the trees by their global coordinates of longitude and latitude. By collecting the data using the GPS system, the City can consolidate the tree data with other various GPS coded programs in the City. Within the first 90 days of the project contract, the City will receive a complete listing of all sites inventoried, both in hard copy, digital and flash drive, which will enable you to connect the inventory to the City's GIS program and create various frequency reports. A GPS tree inventory shall be created with a new database using the City's standardized addressing system for all parks and open space areas. Contractor shall be required to create an ESRI ArcView/ArcGIS or equivalent, 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 and hardscape, etc.) The consultant's tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position.

Minimum accuracy shall be not more than one (1) meter.

EXPERIENCE
The Contractor shall have at a minimum five (5) years' experience in collecting tree inventories and technical expertise developing inventory databases, including an extensive program that simplifies the management of the City's Urban Forest. The Contractor shall have developed a complete and comprehensive computer software program in at least five (5) California cities. The program should have specialized reports designed specifically for City representatives' needs. The program should be developed based on the needs of the City and allow the City to modify and structure the program specific to our needs. The user friendly program should allow customers to generate a variety of reports quickly.

Page 248 of 309 ends

-4-
12501-0001\2330593v1.doc ver. 08/2019

SCOPE OF WORK
City shall provide the most up-to-date GPS inventory data to Contractor upon award of contract. Contractor will manage the entire inventory project. The project shall include field data collection, data entry, access to the computer software, and training of City employees on the use of the system, future technical maintenance, and support and as an option, conversion of the existing database. Attributes to be collected by field personnel may include, but is not limitedto:
• Tree Number • City DistricUGrid/LLDs/Parks/RAreas/Residential • Street • Location by Address
• Location by GIS • Species by botanical name &common
name
• Tree diameter (DBH) • Tree height
• Recommended Maintenance
Classification
• Existing overhead Utilities
• Parkway Size • Parkway Type
• Sidewalk damage • Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and disaster recovery procedures as may be requested by the City. The Contractor shall provide complete support rapidly with experienced staff available to the City during the hours of 8:00 A.M. to 5:00 P.M. Monday through Friday. The Contractor shall be readily available by telephone, e-mail or may respond to the City's location within a timely manner.
1) PROJECT SPECIAL PROVISIONS
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 Maywood is intended unless otherwise 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 "Contractor" shall be held to mean the Contractor and/or any person employed by them and working under this contract.
2) WORK QUALITY
All tree pruning shall comply with good arboreal practice for the particular species of trees being trimmed shall be consistent with the Pruning Standards and Best Management Practices as adopted by the International Society of Arboriculture.

The Contractor shall also meet the requirements of the American National Standards, 2133-1-2006, entitled "Safety Requirements for Arboricultural

Page 249 of 309 ends

-5-
12501-0001\2330593v1.doc ver. 08/2019
Operation," published by the American National Standard Institute, Inc., 1430 Broadway, New York, New York 10018. The City of Maywood shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in contract default if they consistently fail to comply with the aforementioned standards.
3) TRAFFIC SAFETY
Contractor shall be required to provide all necessary traffic control, in accordance with the American Traffic Safety Services Association (ATSSA) and Manual on Uniform Traffic Control Devices (MUTCD), during the course of regular maintenance work and emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company.
4) WORK STANDARDS
Limbs one inch (1 ") in diameter or greater shall be precut to prevent splitting.

When there is a chance of bark tearing at the crotch, remove large limbs with three cuts. Make the first cut on the underside of the branch one foot (1 ') to two feet (2') from the crotch. The undercut should be at least one-third (1/3) 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 covering of the wound by callus growth. Cuts shall not be made so large that they will prevent sap flow. All cut branches three and one-half inches (3 ½} or larger in diameter shall be lowered by proper ropes to the ground.

Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City of Maywood. All debris resulting from tree pruning operations shall be removed from the work site on a daily basis. On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. a. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133 Safety Requirements. b. Contractor shall notify the resident forty-eight (48) hours in advance of scheduled pruning.
c. Contractor shall provide and post "No Parking" signs twenty-four (24) hours in advance of the work.
d. Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, English-speaking supervisor in tree maintenance operations. The Contractor shall be responsible for advance

Page 250 of 309 ends

-6-
12501-0001\2330593v1.doc ver. 08/2019
notification to the residents at each work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work.
e. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. In the event that aerial utility wires present a hazard to the Contractor'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 Contractor is responsible for appropriate notification of Underground Service Alert (USA).
f. No hooks, gaffs, spurs or climbers will be used for anything other than removals.
g. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth. h. When pruning fungus, disease or fire blight infected limbs or fronds, all pruning tools shall be disinfected after each cut with alcohol or bleach.
i. Topping shall not be done unless specifically requested by the City. j. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch, to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting.

The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. k. 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 (20%) percent but no more than thirty (40%) percent.
l. 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.
m. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
n. Heading cuts and/or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. o. Dead and/or dying trees, engulfed with fungus, sick, damaged, diseased or insect infested shall be brought to the City’s attention.

Based on the Contractor’s recommendation, the City will approve or

Page 251 of 309 ends

-7-
12501-0001\2330593v1.doc ver. 08/2019
disapprove removal of the tree. Contractor shall remove the tree and roots completely upon City approval.
5) PRUNING FOR TRAFFIC CLEARANCES
Tree pruning for traffic clearances shall provide clearances of at least fourteen (14') feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway, for pedestrians on sidewalks in accordance with standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards under "Pruning to Raise." Clearance trims shall be 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 of Maywood 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 fourteen feet (14') over the curb line and nine feet (9') over 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.
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.
6) PRUNING OF PALM TREES
Palm tree pruning shall consist of the removal of loose dead fronds, fruit clusters, and other vegetation from the trunks of all palms 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 of Maywood. The Contractor shall be required to use a boom or bucket truck, with sufficient height to reach the crown for the purpose of pruning Citypalm trees.
b. Palm Skinning - Dead fronds, and partsthereof,
c. including stubs, can be removed along the entire length of the trunk of each palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" - 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches. d. Canary Palm pine/nut trimming and shaping (additional service and cost) shall be directed by the Public Works Superintendent or his

Page 252 of 309 ends

-8-
12501-0001\2330593v1.doc ver. 08/2019
authorized representative. This trimming is for both safety and aesthetic purposes. A symmetrical shape and pleasing appearance typical of the species is desired.
7) SERVICE REQUEST TREE PRUNING
Trees that need service prior to their scheduled grid trim for aesthetic shall be trimmed within one week of notification by the City to the Contractor. Trees designated for aesthetic trimming shall be trimmed, shaped, and thinned. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide a minimum clearance of fifteen (14') feet over the roadway and nine (9') feet over walkways. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs, and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. The specific techniques employed shall be consistent with industry practice for the size and specific of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close, ½ inch to the parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly.
8) TREE REMOVALS
Trees that are candidates for removal, shall be identified and marked by the Contractor. The Contractor shall notify the City of candidates for removal. The City can also notify the Contractor of candidates for removal. The Contractor shall also notify the homeowner of the up-and-coming removal work. Contractor bears sole responsibility for this task. Crew removes tree and hauls all debris.

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. Special projects that are difficult to access with equipment or require the need for a crane or a boom/bucket truck over seventy-five (75') feet would fall under Crew Rental rates. The City of Maywood shall make the final determination to remove.

Removals shall be conducted in good workmanlike manner in accordance with the standards of the arboricultural profession.

Page 253 of 309 ends

-9-
12501-0001\2330593v1.doc ver. 08/2019
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 to be covered while transported and hauled to the disposal site during the workday.

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.
9) TREE PLANTING
Planting includes the tree, stakes, ties and complete installation and watering for ninety (90) calendar days. Planting lists should be compiled by the Inspector and submitted monthly or as needed. Contractor will guarantee the quality of the tree stock and the workmanship.
a. Contractor shall provide all equipment, labor, and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.
b. The Contractor shall be responsible for marking locations based off the City’s recommendation and the Contractor 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 Contractor shall examine root ball for injured roots and canopy for broken branches.

Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
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. In grass covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the

Page 254 of 309 ends

-10-
12501-0001\2330593v1.doc ver. 08/2019
concrete.
e. Backfill material should be native soil. Eliminate all air pockets while back filling 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 thoroughly by filling the water retention basin twice.
g. All trees shall be staked with two wooded lodge poles and two ties per pole. Minimum size of lodge poles shall be ten (1O') feet long, with a one and a half (1 ½) inch diameter. Tree ties shall be placed at one third (1/3) and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty (24"-30") inches below grade. h. Trunk protectors such as Arbor-Guards or an approved equal shall be placed at the base of the trunk of all new trees immediately after planting.
i. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12") inches in depth and at a length determined by the City and placed in a circular fashion surrounding the tree's root system. Root barriers are an additional service andcost.
j. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.
k. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the ANSI 260.1-1996 Standards. Trees shall be free from pests, disease and structural defects.
10) CREW RENTAL
The standard crew is three men, one chipper truck, one chipper, one boom/ bucket truck and all necessary hand tools. The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work such as hanging flags, hanging banners, hanging Holiday lighting/decorations, changing light bulbs, or trimming specific trees requiring immediate attention prior to their scheduled trim. Trees requiring service prior to their regularly scheduled grid or annual trim to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance for utility lines, or broken limbs may be performed under the Crew Rental rate.

Page 255 of 309 ends

-11-
12501-0001\2330593v1.doc ver. 08/2019
11) EMERGENCY RESPONSE
The Contractor shall be required to provide emergency, on call response for damaged trees as a result of storms or other reasons. Emergency calls may occur at any given time (24/7). The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

Contractor shall be required to provide all necessary traffic control, in accordance with the American Traffic Safety Services Association (ATSSA) and Manual on Uniform Traffic Control Devices (MUTCD), during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company. Work performed under the emergency provision of this contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.
12) LINE CLEARANCE PRUNING
During the course of this contract the Contractor may be required to perform utility line clearance in conjunction with routine or non-routine pruning activities.

The Contractor shall be required to furnish all supervision, labor, equipment, and materials necessary to accomplish the work in accordance with the contract. The Contractor has the responsibility for compliance with safety and health standards of the California Occupational Safety and Health Act (OSHA) and all applicable rules, regulations, and orders. The manager overseeing the project shall be a Certified Utility Specialist and the persons completing the work shall be Line Clearance Tree workers. The competency of Contractor's personnel shall be maintained through regular training. All persons performing tree work on City trees in, or around primary electrical lines shall be trained to do so in accordance the "Electrical Safety Orders" of the State of California. 13) TREE WATERING
Watering is performed by a one man crew with a water truck who will water various routes including landscape median and young trees that are three (3) years old and younger.

Page 256 of 309 ends

-12-
12501-0001\2330593v1.doc ver. 08/2019
14) SMALL TREE CARE
The City requires an active approach to the care of its young and newly planted trees. The Contractor 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. 15) ARBORIST SERVICES
On occasion, the City requires tree evaluations including written reports. The vendor shall provide an hourly rate for an Arborist that can respond to the City's request(s) for the preparation of detailed arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. 16) TRAFFIC CONTROL
Contractor shall conform to all City Traffic Safety requirements and operating rules at all times while this contract is in effect. The Contractor shall employee staff certified as Traffic Control Design Specialist and Traffic Control Technicians in accordance with the American Traffic Safety Services Association (ATSSA), and Manual on Uniform Traffic Control Devices (MUTCD). Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety equipment for use, furthermore, the City may require a Traffic delineation and safety plan to be submitted on selected jobs. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify work site for vehicular and pedestrian safety. Illuminated ATSSA approved equipment may be required in low light situations including, but not limited to: dawn, dusk, low light, rain, snow, evening, night if these situations present themselves on a daily work flow basis, or on emergency responses. All such determinations shall be made by the above mentioned Traffic Control Design Specialist, and then approved by the appropriate City Public Works Department Staff.
17) PUBLIC NOTICE OF TREE PRUNING OPERATIONS
Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the work being performed. Notifications shall be made in the form of door hangers. City approved "No Parking" signs shall be posted on individual trees scheduled for pruning twenty-four (24) hours prior to the work being performed. 18) WORK SITE CLEAN UP
Contractor shall clean all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets.

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

Page 257 of 309 ends

-13-
12501-0001\2330593v1.doc ver. 08/2019
circumstances shall any brush, leaves, debris, or equipment be left on the street overnight. Contractor's equipment may be stored overnight, with advance approval, in the City Yard, or on other designated City Property. However, the City will not be responsible for security of Contractor's equipment.

Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. The Public Works Superintendent or his authorized representative, shall be the sole judge as to the adequacy of the cleanup. 19) DISPOSAL OF DEBRIS
All tree branches produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. The City will receive access to their Greenwaste Recycling report detailing the amount of debris recycled and the location. This report to be used for compliance with CA Assembly Bill 939.
• Greenwaste Recycling Report : Greenwaste that is transported to an offsite facility for grinding into mulch shall be documented and available to the Contract Officer on a monthly basis.
• Wood Chips: Chips generated from pruning operations within the City of Maywood may first be dumped at a City designated site. At the direction of the Contract Officer or his authorized representative, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. When pre-authorized, these chips shall be dumped in specified locations in the City.
• Milling (additional service & cost): At the direction of the Contract Officer, and/or Public Works Coordinator, large tree trunks, which meet proper specifications may be milled into lumber suitable for use in a variety of applications. Milled lumber shall be returned to the City at a cost to be included in the bid proposal.
20) PARKING
The City of Maywood will make every attempt to identify a suitable space for parking of vehicles and equipment for the purpose of this contract, on preauthorized specific jobs. The vendor will hold the City Maywood harmless and release the City of liability I the result of theft or vandalism. Should a site not be available, then the vendor may park on City right-of-way near the project area(s).
21) INVOICES

Page 258 of 309 ends

-14-
12501-0001\2330593v1.doc ver. 08/2019
Contractor shall be required to submit invoices via U.S. Postal Service, email and via work order system on a monthly basis. The invoice must reflect activity in a bi-weekly breakdown, i.e. 1st - 15th, 15th - end of month. Invoice format shall include but not be limited to a list of each street that tree maintenance operations took place, the address of each individual tree, the species and its height and trunk diameter of each individual tree. Failure to submit invoices in this format may result in non-payment until these requirements are met. 22) INSPECTIONS
The City of Maywood or its designated representative, shall, at all times, have access to the work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work. 23) 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.
24) MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
a. The City may modify these specifications with the joint approval of the Contractor and the Public Works Coordinator. All modifications shall be in writing.
b. In the event that the City of Maywood should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price.
c. Additional work may be added to the contract work as the need arises. The Contractor shall perform all specified and approved additional work at the unit prices submitted with this bid proposal.
d. The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. Contractor will be required to demonstrate the ability to properly execute the expanded workload with the necessary increase in labor, materials and equipment needed to complete the additional work in a timely manner.
e. The Contractor must have the ability to receive and respond to emergency situations and must respond to emergency call outs within one hundred twenty (120) minutes of receipt of the call.

Page 259 of 309 ends

Exhibit B
12501-0001\2330593v1.doc ver. 08/2019

EXHIBIT B
Contractor’s Proposal

Page 260 of 309 ends

Exhibit C

Page 1 of 3 ends

12501-0001\2330593v1.doc ver. 08/2019

EXHIBIT C
Terms for Compliance with California Labor Law Requirements

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.

Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

Page 261 of 309 ends

Exhibit C

Page 2 of 3 ends

12501-0001\2330593v1.doc ver. 08/2019

9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Page 262 of 309 ends

Exhibit C

Page 3 of 3 ends

Contractor shall diligently take corrective action to halt or rectify any failure.

Page 263 of 309 ends

Exhibit D

Page 1 of 2 ends

12501-0001\2330593v1.doc ver. 08/2019

EXHIBIT D

PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. __________
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Maywood (“City”), State of California, has awarded to ____________________ (“Principal”) a contract (the “Contract”) for ______________________________.

Page 264 of 309 ends

Exhibit D

Page 2 of 2 ends

Dated:
“Principal”
By:

Its:
“Surety”
By:

Page 265 of 309 ends

12501-0001\2330593v1.doc

Page 266 of 309 ends

City of Maywood
Proposed Rates for RFP - Tree Maintenance & Emergency Response Services Submitted by West Coast Arborists, Inc. - August 2024
FY24-25 FY25-26 FY26-27 FY27-28 FY28-29
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
1 Street Tree/Grid Pruning Each $ 75.00 $ 75.00 $ 78.00 $ 82.00 $ 87.00 2 Full Prune/Service Request Tree Pruning 0-12" DBH Each $ 95.00 $ 95.00 $ 99.00 $ 103.00 $ 108.00 3 Full Prune/Service Request Tree Pruning 13-24" DBH Each $ 195.00 $ 195.00 $ 203.00 $ 211.00 $ 220.00 4 Full Prune/Service Request Tree Pruning 25" & over DBH Each $ 395.00 $ 395.00 $ 410.00 $ 425.00 $ 442.00 5 Coco/King Palm Pruning Each $ 95.00 $ 95.00 $ 99.00 $ 103.00 $ 108.00 6 Washingtonia Robusta Pruning Each $ 125.00 $ 125.00 $ 130.00 $ 135.00 $ 140.00 7 Date Palm Pruning Each $ 350.00 $ 350.00 $ 364.00 $ 378.00 $ 393.00 8 Palm Tree Skinning Linear Foot $ 30.00 $ 30.00 $ 31.00 $ 32.00 $ 33.00 9 Tree and Stump Removal (regardless of size) Dia. Inch $ 54.00 $ 54.00 $ 56.00 $ 58.00 $ 60.00 10 Tree Only Removal (regardless of size) Dia. Inch $ 44.00 $ 44.00 $ 45.00 $ 46.00 $ 47.00 11 Stump Only Removal (regardless of size) Dia. Inch $ 20.00 $ 20.00 $ 21.00 $ 22.00 $ 23.00 At the direction of CITY, pruning will be done per pre-designed districts along street segments, grids, or prune routes on a set cycle to include trees of various sizes. Pruning consists of tree canopy raising over roadways, and sidewalks. At a minimum, trees shall be pruned to provide a minimum clearance of fourteen (15) feet over the traffic lanes and seven (8) feet over sidewalks. Trees can be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

At the request of the City, trees will be assigned for pruning outside of their set cycle for various reasons. Pruning may consist of tree canopy raising over roadways, sidewalks, and in park locations; thinning, reducing, restoring and structurally pruning the tree canopy in width and height reduction; and for immature trees, re-staking and/or retying, as needed. In addition pruning includes removing all dead, broken, damaged, loose, diseased or insect infested limbs, branches, and stubs shall be removed. Small limbs, including suckers and waterspouts shall be cut close to the trunk or branch from which they arise. At a minimum, tree shall be pruned to provide a minimum clearance of fifteen (15) feet over the roadway and eight (8) feet over walkways. Trees shall be pruned to remove any obstruction around traffic control devises, traffic signs, and streetlights. Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

Pruning shall be performed in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species.Standard palm tree pruning will fall under this category and will include the removal of dead and declining fronds & seed pods. Excludes skinning.

After CITY determines that a tree requires removal, CITY will prepare a list of trees to be removed, notifies homeowners, and submits lists to Contractor. CITY is responsible for marking trees so that they are easily identifiable by Underground Service Alert and the Contractor. Contractor calls Underground Service Alert (USA) and prepares internal work order. Crew removes tree and hauls all debris. Crew grinds stumps to a depth of approximately eighteen (18”) inches. All holes will be backfilled with a combination of native soil and minimal stump grindings and compacted to avoid settlement.

Page 1 ends

Page 267 of 309 ends

FY24-25 FY25-26 FY26-27 FY27-28 FY28-29
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
12 Root Prune trees (typical 10 foot length) Linear Foot $ 30.00 $ 30.00 $ 31.00 $ 32.00 $ 33.00 13 Plant 15-gallon tree Each $ 250.00 $ 250.00 $ 260.00 $ 270.00 $ 280.00 14 Plant 15-gallon tree with Root Barrier Each $ 275.00 $ 275.00 $ 235.00 $ 245.00 $ 255.00 15 Plant 24" box tree Each $ 450.00 $ 450.00 $ 415.00 $ 430.00 $ 445.00 16 Plant 24" box tree with Root Barrier Each $ 495.00 $ 495.00 $ 515.00 $ 535.00 $ 555.00 17 Plant 36" box tree Each $ 1,450.00 $ 1,450.00 $ 1,500.00 $ 1,550.00 $ 1,595.00 18 Tree Watering Day $ 900.00 $ 900.00 $ 936.00 $ 972.00 $ 1,008.00 19 Crew Rental Man Hour $ 100.00 $ 100.00 $ 104.00 $ 108.00 $ 112.00 20 Specialty Equipment (i.e., Crane, 95-ft Aerial Tower) Hour $ 195.00 $ 195.00 $ 200.00 $ 205.00 $ 210.00 21 Emergency Response (Reg. Business Hours, Mon-Fri) Man Hour $ 130.00 $ 130.00 $ 135.00 $ 140.00 $ 145.00 22 Emergency Response (Evening, weekend, Holidays) Man Hour $ 130.00 $ 130.00 $ 135.00 $ 140.00 $ 145.00 23 Certified Arborist Services Hour $ 180.00 $ 180.00 $ 183.00 $ 186.00 $ 189.00 Tree planting includes the tree, stakes, ties, labor and initial watering at time of installation as directed by City staff. Planting lists should be compiled by the Inspector and submitted monthly or as needed.

At the direction of City staff, roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements. Root pruning cuts shall be performed using root pruning equipment specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner. Root pruning cuts adjacent to the sidewalk and curb shall be four (4) inches wide and twelve (12) inches deep and a minimum of five (5) feet in each direction from the centerline of the tree.

At the direction of the City, watering is performed by a one-man crew with a water truck who will water various tree routes including newly planted trees, landscape median and young trees that are three (3) years old and younger. Watering may also be performed on an as-needed basis.

The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work as directed by City staff. The use of crew rental may be warranted due to inaccessibility by equipment, in park locations, slope settings, or non-linear tree pruning.

On occasion the use of a crane or 95-foot aerial tower is necessary to safely operate the assigned tree operation. These prices of quipment include the operator.

The Contractor shall be required to provide emergency on call response for damaged trees due to storms or other reasons.

Emergency calls may occur at any given time. The Contractor will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within 90 minutes of the initial telephone call.

On occasion, the City requires tree evaluations including written reports. The Contractor shall provide an hourly rate for a Certified Arborist that can respond to the City’s request(s) for the preparation of detailed arborist reports, tree risk assessment reports tree evaluations and site inspections. Reporting can be generated on as little as one tree to an entire urban forest population and is handled on a case-by-case basis. The rate will be applied should the City request a Certified Arborist on-site.

Page 2 ends

Page 268 of 309 ends

FY24-25 FY25-26 FY26-27 FY27-28 FY28-29
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
24 Plant Health Care
a. Tree Canopy Spraying from ground level $ 7.00 $ 7.00 $ 7.50 $ 8.00 $ 8.50 b. Tree Canopy Spraying from aerial tower $ 7.00 $ 7.00 $ 7.50 $ 8.00 $ 8.50 Description: Foliar hydraulic spraying of recommended material.) c. Insecticide or Fungicide Trunk Banding $ 8.00 $ 8.00 $ 8.50 $ 9.00 $ 9.50 Description: Trunk spray of recommended material.
d. PGR Trunk Banding $ 7.00 $ 7.00 $ 7.50 $ 8.00 $ 8.50 Description: Trunk spray of recommended material to regulate plant growth. e. Insecticide or PGR Soil Application (Cambistat) $ 7.00 $ 7.00 $ 7.50 $ 8.00 $ 8.50 Description: Recommended insecticide soil injection or drench material to regulate plant growth. f. Insecticide or Fungicide Soil Application $ 7.00 $ 7.00 $ 7.50 $ 8.00 $ 8.50 Description: Soil applied drench of recommended material. g. Soil Injection Fertilization $ 8.00 $ 8.00 $ 8.50 $ 9.00 $ 9.50 Description: Soil applied injection of recommended material. h. Soil Drenching Fertilization $ 8.00 $ 8.00 $ 8.50 $ 9.00 $ 9.50 Description: Soil application of recommended material.
i. Trunk Injection (Insecticide/Miticide) $ 9.00 $ 9.00 $ 9.50 $ 10.00 $ 10.50 Description: Trunk injected recommended material.
j. Trunk Injection (Fungicide) $ 9.00 $ 9.00 $ 9.50 $ 10.00 $ 10.50 Description: Trunk injected recommended material.
k. Trunk Injection (Insecticide & Fungicide Combo) $ 10.00 $ 10.00 $ 10.50 $ 11.00 $ 11.50 Description: Combination of one-time trunk injection of two recommended materials. l. Avermectin Class Insecticide Injection $ 11.00 $ 11.00 $ 11.50 $ 12.00 $ 12.50 Description: Recommended trunk injection of Emamectin benzoate active ingredient. per diameter inch
See below
At the direction of the City, the Contractor will provide plant health care services including but not limited to the following: spraying, injecting, soil drenching as necessary to reduce a potentially harmful pest. This is done to maintain or improve the selected tree’s appearance, vitality, and safety, using the most cost-effective and environmentally sensitive practices and treatments available.

Plant Health Care involves routine monitoring and preventive treatments. All pesticide recommendations are to be made by an inhouse Pest Control Advisor in accordance with the Department of Pesticide Regulations. per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch
per diameter inch

Page 3 ends

Page 269 of 309 ends

FY24-25 FY25-26 FY26-27 FY27-28 FY28-29
Unit Proposed Unit Unit Unit Unit
Item Description Measure Rates Rates Rates Rates Rates
Alternative Bid Item #1
GPS Tree Inventory Tree Site $ 5.00 $ 5.00 $ 5.25 $ 5.50 $ 6.00 Alternative Bid Item #2
Create a Street Tree Palette Lump Sum $ 5,000.00
Create a Street Tree Planting Plan Lump Sum $ 15,000.00 Alternative Bid Item #3
Create an Urban Forest Management Plan (UFMP) Lump Sum $ 40,000.00

COOPERATIVE PURCHASE
It is intended that any other public agency (e.g., city, county district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor.

At the City’s direction, contractor will provide the City with a Global Positioning System (GPS) tree inventory collected by an ISA Certified Arborist including coordinates for all trees in public spaces. This includes, but is not limited to, all publicly owned trees on street rights-of-way, parks, City facilities and open spaces such as medians, greenscapes, etc. The address information contained in inventory should be linked directly to a Geographical Information System (GIS) program, such as ArcView. The inventory collector will identify the trees by their global coordinates of longitude and latitude.

At the City’s direction, work with City staff to develop an updated Street Tree Palette.

At the City’s direction, work with City staff to develop an updated Street Tree Planting Plan for future planting opportunities.

At the City’s direction, work with City staff to develop an UFMP. This includes presenting to City Council and train staff on the UFMP.

Page 4 ends

Page 270 of 309 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 11.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: OKAN DEMIRCI, CITY ENGINEER
SUBJECT: ACCEPTANCE OF BUILDING DEMOLITION LOCATED AT 5110 DISTRICT

BOULEVARD PROJECT
RECOMMENDATION:

Staff recommends that the City Council:

1. Accept project completion for the Building Demolition Located at 5110 District Boulevard Project as performed by Unlimited Environmental, Inc., for a total amount of $176,584.12; and

2. Authorize the City Manager to file a project Notice of Completion with the County of Los Angeles Registrar-Recorder; and

3. Authorize the City Manager to release a retention payment of $8,829.21 to Unlimited Environmental, Inc. within 35 days following recordation of the Notice of Completion pursuant to contract documents.

BACKGROUND:

This project included the demolition of the building, pre-demolition haz-mat abatement, and other relevant & incidental work at 5110 District Boulevard, Maywood, CA 90270.

On February 8, 2024, staff advertised Notice Inviting Bids (NIB) on the local newspaper in conformance with City of Maywood Municipal Code Section 3-7.04. Bids were due on February 20, 2024, at 2:00 p.m.

On February 20, 2024, at 2:00 PM, a total of six (6) bids were received. Staff conducted a bid analysis for the apparent 1st low bidder Unlimited Environmental, Inc., and verified CA contractor’s licensing, Department of Industrial Relations (DIR) registration, state and federal debarment files, and references. Based on the bid analysis, Unlimited Environmental, Inc. was found to be the lowest responsive bidder.

City Council awarded a contract to Unlimited Environmental, Inc. for a total amount of $164,000.00 with a contingency budget of $41,000.00, for a total construction budget of $205,000.00.

DISCUSSION:

On June 17, 2024, Unlimited Environmental, Inc. commenced construction work. The work included furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to satisfactorily complete the Project, consisting of and including the demolition of the building, pre-demolition haz-mat abatement, and other relevant work at 5110 District Blvd, Maywood CA. All construction work has been completed satisfactorily, and in conformance with the approved specifications. The total construction cost

Page 271 of 309 ends

amounted to $176,584.12, which is within the approved construction budget.

Staff recommends that City Council accept the project as complete, authorize filing a Notice of Completion, and release of retention payment pursuant to contract documents.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

There is no fiscal impact associated with this action. All work was completed within the previously approved budget.

ATTACHMENT(S)

1. Attachment 1 Notice of Completion

Page 272 of 309 ends

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF MAYWOOD
4319 E Slauson Ave
Maywood, CA 90270
Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner and corporate officer of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is: City of Maywood

3. The full address of the owner is: 4319 E Slauson Ave, Maywood, CA 90270

4. The nature of the interest or estate of the owner is: In Fee

5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES
NONE

6. The full names and fill addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
NONE

7. A work of improvement on the property hereinafter described was completed on September 11, 2024. The work was: Building Demolition Located at 5110 District Blvd Project.

8. The name of the contract, if any, for such work of improvement was Unlimited Environmental, Inc. April 1, 2024
(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT ‘NONE’) (DATE OF CONTRACT)

9. The property on which the work of improvement was completed is in Maywood, County of Los Angeles, State of California, and is described as follows: City owned _____________________________________________________________________________

10. The street address of the property is 5110 District Blvd., Maywood, CA 90270 (IF NO STREET ADDRESS HAS BEEN OFFICIALY ASSIGNED, INSERT ‘NONE’) Dated: _______________ _______________
(NAME)
____________________________________, City Manager
(SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH 2 OR HIS AGENT)

VERIFICATION
I, the undersigned, say: I am the _______________________ of ______________________________, the declarant of the foregoing notice of completion; I have read said notice of completion and know the content thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on: ___________________, at _____________________________________________________________ (CITY) (STATE)
_____________________________________________________________________________________________ (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.))

Page 273 of 309 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 12.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
BY: JENNIFER VASQUEZ, CITY MANAGER
SUBJECT: CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND

APPLICATION FROM SOUTHEAST RIO VISTA YMCA IN THE AMOUNT OF $10,000.00 FOR FINANCIAL SUPPORT OF FOURTEEN LOW INCOME MAYWOOD

TEENS TO PARTICIPATE IN THE YOUTH AND GOVERNMENT PROGRAM RECOMMENDATION:

Staff recommends that the City Council discuss and provide direction to staff regarding the Community Benefit Fund Application from Southeast Rio Vista YMCA for the amount of $10,000.

BACKGROUND:

The Application is dated July 12, 2024, and was received by email from the applicant. The City of Maywood has established a “Community Based Fund” to support community-based programs and activities. Applicant eligibility is determined by the City’s Community Benefit Fund Guidelines and Procedures (“Guidelines”) for the distribution of funds to eligible organizations that provide community-based programs, community activities and educational activities.

Community Benefit Funds Approved by City Council for the Southeast Rio Vista YMCA:

Fiscal Year 2023/2024: City Council approved $10,000 to send 12 low-income Maywood families to camp.

The cost per family was $645, which included all meals.

Fiscal Year 2022/2023: City Council approved $10,000 for three Grab n' Go events:
- Back-to-School (500 backpacks)
- Turkey Giveaway (250–300 frozen turkeys)
- Toy Giveaway (500 toys)
Fiscal Year 2021/2022: City Council approved $10,000 for three special events:
- Trunk-or-Treat (pumpkins and candy)
- Turkey Giveaway (frozen turkeys)
- Toy Giveaway (toys for 400 youth)
Fiscal Year 2020/2021: City Council approved $10,000 to support staffing for basic needs provisions, including Senior Food Deliveries, Distance Learning Center, and Grab & Go meal distributions for Maywood youth and families.

This year, the Southeast Rio Vista YMCA is requesting City funding for the Youth & Government program. This

Page 274 of 309 ends

would be the first time the City supports this initiative.

DISCUSSION:

In 2023, the Youth & Government program registered a total of nineteen (19) teens, with twelve (12) from Maywood and seven (7) from outside the city.

On Thursday, September 12, 2024, an informational meeting was held, with fourteen (14) participants in attendance, all of whom were Maywood residents. Of those, six (6) have already registered for the program.

The applicant, Southeast Rio Vista YMCA is seeking financial support to allow fourteen (14) low-income Maywood teens to participate in the Youth & Government program for free. Below is the proposed distribution of funds:
- Cost per participant: $2,000.00
- YMCA subsidy: $1285.71 per participant
- City subsidy: $714.29 per participant
These funds will cover most program expenses, including uniforms, weekly meetings (with food provided), two trips to Camp Roberts, and one trip to Sacramento. All three trips will include training, transportation, lodging, and meals.

Qualification Review
Per the grant guidelines, to apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include, but are not limited to, educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. In addition, per the Grant guidelines, grants will be awarded in a maximum amount of no more than $15,000.00.

According to the application, the Southeast Rio Vista YMCA, established in 1882 and located within the City, serves Maywood residents by offering a variety of programs, including education, dance, recreation, sports, senior services, youth programs, and health services. The programming meets all grant requirements and is eligible for funding.

The Southeast Rio Vista YMCA is eligible for support due to its educational programs, specifically the Youth & Government program. This program empowers underserved and underrepresented Maywood teens, especially those facing financial challenges, by ensuring their participation regardless of their ability to pay. Youth & Government is an extracurricular activity aimed at transforming young people into informed, engaged, and responsible citizens, fostering future leaders, and promoting a more inclusive and vibrant democracy.

Accordingly, based on the documentation provided by the applicant in support of their application, staff recommends that the City Council approve their request.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

F.Y. 24-25 Impact: $10,000.00 Current F.Y. Budget: $75,000 Fund Impacted: 100 - General Fund Budget adjustment requested: $0 Source of funds: 302 - Community Services Remaining Budget: $58,000

Page 275 of 309 ends

Account Number: 6301 - Community Benefit Fund For fiscal year: 2024/2025

ATTACHMENT(S)

1. YMCA_CBF_APP_24_25

2. YMCA IRS Nonprofit LetterNEW

3. Southeast-Rio Vista YMCA YG Budget thru 2024

4. Southeast-Rio Vista YMCA Operating Budget for FY 2023

5. Y&G flyer2024

6. CBF Guidelines&Procedures_Revised_July_2024

Page 276 of 309 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND APPLICATION
Please Type/Print Information
(attach additional pages as needed)
Application Funding Cycle
Q1: July 1 – September 30
Q2: October 1- December 31
Q3: January 1 - March 30
Q4: April 1 - June 30
DateofApplication:

Amount Requested: _
Organization Name: Phone Number:

Street Address: Fax Number:

City,State, Zip: Federal EIN:

Contact Person:

Contact Email Address:

July 12, 2024
$10,000.00
X
Southeast Rio Vista YMCA 323.588.2256
4801 E. 58th Street
Maywood CA. 90270
Gerry Salcedo
[email protected]
95-1644052
Provide a detailed description of your organization. For example, are you a school, school- based or affiliated entity, youth program, community based organization, etc. The mission of the Southeast-Rio Vista YMCA, in conjunction with the YMCA of Metropolitan Los Angeles, is dedicated to nurturing the potential of every individual, promoting healthy living, and fostering a sense of social responsibility. Our vision is a community where all people, especially low-income and underserved youth, are encouraged to develop their fullest potential in spirit, mind, and body. At the Southeast-Rio Vista YMCA, we are committed to offering programs and services tailored to meet the unique needs of our local community. Recognizing the diverse nature of our area, we strive to be an inclusive organization that is a microcosm of our broader society. Our programs are designed to empower youth, improve health, and strengthen community bonds. We aim to be a leading voice for youth development, healthy living, and social responsibility in the Southeast-Rio Vista area.

Does your organization have non-profit status with the Internal Revenue Service? Yes x No (If yes, attach documentation)
How long has this organization been in existence (provide date)? 139 years – since 1882 Is the organization located/based in Maywood or does it provide programs or services to Maywood residents? Yes x No If yes, please explain. The Southeast-Rio Vista YMCA (SERV Y) is one of the YMCA’s Cradle to Career Success branches in the core of urban LA County where communities are among the most in need of health, fitness, and community programs for youth, families, and seniors. The SERV Y provides quality, yearround sports and fitness programming for youth, including those who could not otherwise access any; wellness programming to families who often lack access to nutrition education and safe, free play space; a variety of senior programs, including health and wellness activities, volunteer opportunities, and even meal support; services to immigrant populations via its New American Welcome Center (NAWC); and, more.

Describe how the requested funds will be used? Attach a proposed budget.

Our purpose is simple: to engage all undeserved and underrepresented teens in our service are in our remarkable Youth & Government (“Y&G”) civic education and engagement youth development program. Our focus is on teens suffering from the impacts of financial insecurity, especially those facing housing crises or lack of essential quality-of-life services, such as access to healthy food and a safe environment in which to thrive. We seek to include all interested students within our shared neighborhoods to participate in this life-changing program regardless of their ability to pay for enrollment. Middle-school teens will join our Model United Nations initiative, while high-school youth take part in our Model Legislature and Court program. Over 50 years have passed since the 26th Amendment lowered the voting age to 18, yet the promise of this visionary change remains unfulfilled. Many young adults, especially from marginalized communities, are not introduced to the democratic process until they turn 18, often too late to foster a genuine interest or belief in their ability to effect change. This is further exacerbated by the fact that a significant number of California teens reside in “civic deserts,” areas devoid of opportunities for meaningful civic engagement. The result? A generation of potential changemakers feeling disconnected from the very processes that shape their futures.The Youth & Government program, a state-wide initiative of the YMCA dating back to the late 1930s, offers teens a unique opportunity to engage in a youth-led democratic process, allowing them to create bills, advocate for policy changes, and develop campaigns that benefit their communities. While the program aims to develop young men and women into knowledgeable and active citizens determining the future of our democracy, there exists a significant underrepresentation of delegates from low-income communities of color, particularly from Southeast Los Angeles. Financial barriers often prevent these teens from participating, leading to an imbalance in representation. This underrepresentation can lead to a skewed representation in the program. As a result, the democratic process within the Youth & Government program is at risk of being dominated by the perspectives and interests of one demographic, primarily from white, affluent communities. This imbalance not only limits comprehensive civic education but also hinders the potential for a truly inclusive democratic process. Given that many areas within Southeast Los Angeles are considered "civic deserts," the need for representation and civic engagement is even more critical. In essence, the YMCA’s Youth & Government program is not just an extracurricular activity; it's a transformative journey that molds young individuals into informed, active, and responsible citizens. By addressing the disparities in civic education and participation, Y&G is not only shaping the leaders of tomorrow but also ensuring a more inclusive, representative, and vibrant democracy

Page 277 of 309 ends

Date: Signature:

Print Name and Title:

Date Received Eligibility Verified Date Approved Date Denied Amount Awarded
Revised 3.30.22
If yes, identify the use of funds, total amount, and fiscal year x
The Southeast-Rio Vista YMCA received support from the City of Maywood to support with COVID-19 relief efforts for City of Maywood community members through a $20,000 grant in 2020, and a $10,000 grant in 2021 and 2022. In 2023 $10,000 for Family Camp.

Is a member of your organization's board or executive leadership a City employee, an elected or appointed City official, or a family member of a City employee or elected or appointed City official? Yes No X x If yes, please explain.

By my signature below, I hereby certify, under penalty of perjury, that I am qualified to sign for and bind the named organization and that the information contained within and submitted with this application is complete, true and accurate. I have received a copy of the Community Benefit Fund Guidelines and Procedures and agree to abide by its provisions. If awarded funding, anagreement will berequired to beexecuted.

July 12, 2023 Gerry Salcedo
Gerry Salcedo, Executive Director
Youth & Government is an immersive YMCA educational initiative designed for teens. It aims to foster an understanding of governmental processes and civic responsibility.

Participants engage in activities like legislative simulations, public speaking, and leadership workshops. They learn about politics, law, and public policy, enhancing their critical thinking and communication skills. The program culminates in a model government event, where students enact roles in a simulated government, promoting civic engagement and community involvement. Y&G is instrumental in developing future leaders who are well-versed in the nuances of governance and public service.

The funds from Maywood Community Fund will significantly bolster our civic engagement capacity, amplifying our efforts to foster a more informed, active, and diverse generation of civic leaders in LA County. Firstly, the grant will directly address the financial barriers that have hindered participation from low-income Southeast Los Angeles (SELA) teens in the Youth & Government (Y&G) program. By providing scholarships and subsidies, we can ensure that every interested teen, irrespective of their financial background, can access this trans formative civic education experience. This not only increases the number of youth engaged in civic activities but also ensures that the voices of underrepresented communities are included in civic dialogues. Secondly, the grant will enable us to expand our voter education, registration, and activation campaign, "Y We Vote." By incorporating voter education into the Y&G curriculum and hosting community registration drives, we are directly increasing the civic participation of our youth and their surrounding communities. This initiative will ensure that our delegates are not only educated about the democratic process but are also empowered to actively participate in it.

Lastly, the grant will enhance our outreach and training programs. With additional resources, we can organize more public speaking workshops, leadership training sessions, and community activism events. These activities are instrumental in building the confidence and skills of our youth, preparing them to take on leadership roles in their communities.

What is the anticipated time-frame to provide the proposed program, service, event activity or goods and the expenditure of the requested funds? The Youth and Government program runs from August 2024 and ends in March of 2025.

Describe the organization's efforts in obtaining funding from other sources? The Southeast-Rio Vista Y’s revenue consists of Contributions (10%), subsidies from the YMCA of Metropolitan Los Angeles to underwrite the branch’s financial aid to members and participants who cannot afford program fees (18%), Government Grants (23%), and Earned Revenue (including membership and participation fees for select programs (49%). Among other Southeast-Rio Vista Y efforts to grow and diversify current and future revenue needs are an annual appeal effort that has grown in success, a Gala event, a local government grants effort, a growing and revenue-generating preschool program, and the expansion of popular programs that generate fee-for-service revenue.

How will the requested funds have a benefit to Maywood residents? The "Y&G" program has benefits which have positive and uplifting results for the participants, their families and surrounding communities as well. This is best exemplified by the experience of three of our Y&G high-school delegates, who were selected as Student Interns for the Maywood City Council.

This type of “hands-on” engagement allows Y&G participants to have a keener grasp on the socio-economic realities of the area - and guides them to create positive change for all community members. Y&G offers a safe, peer-driven and memorable foundation for healthy behaviors and actions, while concurrently offering an alternative to potentially dangerous or destructive activities. Highlights of these positive outcomes for both participants and the SELA are include but are not limited to the following: Increased Civic Engagement and Educational Success: a staggering 96% of Y&G alumni register to vote, with 86% actively participating in recent elections. The program's influence extends to higher education and community involvement, with 88% of participants earning a bachelor's degree and many serving on volunteer boards. Holistic Youth Development: Y&G offers SELA teens a “wraparound” platform for healthy development – from public speaking and critical writing workshops to leadership training. In addition, every participant has access the Y services like food distribution, tutoring, access to safe, secure high-speed internet, digital devices, safe recreational facilities, and more to provide mind-body-spirit support and improve positive health outcomes during their participation.

Proven Skills Development: Over its 75-year tenure in the California YMCA, Y&G has empowered more than 100,000 teens across the state, instilling in them civic knowledge, awareness, and action. The program's immersive experience allows participants to understand the legislative process, identify community issues, and equip themselves with tools for change.

How will the requested funds enhance the quality of life or the delivery of services for Maywood residents? This type of “hands-on” engagement allows Y&G participants to have a keener grasp on the socio-economic realities of the area - and guides them to create positive change for all community members. Y&G offers a safe, peer-driven and memorable foundation for healthy behaviors and actions, while concurrently offering an alternative to potentially dangerous or destructive activities. Highlights of these positive outcomes for both participants and the SELA are include but are not limited to the following: Increased Civic Engagement and Educational Success: a staggering 96% of Y&G alumni register to vote, with 86% actively participating in recent elections. The program's influence extends to higher education and community involvement, with 88% of participants earning a bachelor's degree and many serving on volunteer boards. Holistic Youth Development: Y&G offers SELA teens a “wrap-around” platform for healthy development – from public speaking and critical writing workshops to leadership training. In addition, every participant has access the Y services like food distribution, tutoring, access to safe, secure high-speed internet, digital devices, safe recreational facilities, and more to provide mind-body-spirit support and improve positive health outcomes during their participation.

How will the requested funds provide educational opportunities for Maywood residents or students? Over the past decade, the Southeast-Rio Vista Y has placed a special focus on supporting the most under-resourced neighborhoods, where community members in Maywood are in profound need of access to affordable programs and services, and where more than half of all members depend on scholarships to cover program fees. Due to the location of this Y in a historically disinvested community, Maywood residents have had relatively limited access to private individuals and/or businesses who are able to invest significantly in their capacity. The program's influence extends to higher education and community involvement, with 88% of participants earning a bachelor's degree and many serving on volunteer boards. Holistic Youth Development: Y&G offers SELA teens a “wrap-around” platform for healthy development – from public speaking and critical writing workshops to leadership training. In addition, every participant has access the Y services like food distribution, tutoring, access to safe, secure high-speed internet, digital devices, safe recreational facilities, and more to provide mind-body-spirit support and improve positive health outcomes during their participation.

Has your organization previously received funding from the City of Maywood? Yes X No

Page 278 of 309 ends

Page 279 of 309 ends

Mode Account
Entity 10-810-0552 - Y&G - Model Legislature/Court
Year FY2024
Period End DEC
Scenario BUDGET
Format 9. MULTI YEAR
2019 ACTUAL 2020 ACTUAL 2021 ACTUAL 2022 ACTUAL 2023 ACTUAL 2024 BUDGET 2024 FORECAST T5000 Government Grants 0 0 0 65,000 80,000 0 0
T5300 Program Service Fees 6,908 9,581 0 6,910 23,695 4,065 0 T4000 Revenue 6,908 9,581 0 71,910 103,695 4,065 0
T6100 Salaries & Wages 4,164 0 19,958 37,367 49,355 33,911 0 T6200 Employee Benefits 416 0 3,337 5,498 8,481 3,504 0 T6300 Payroll Taxes 589 0 2,190 4,367 5,537 3,990 0
T6400 Professional/Contract Fees 0 0 0 0 7,600 0 0
T6500 Supplies 2,276 1,269 3,244 4,793 5,150 5,285 0
T6600 Postage & Shipping 9 0 0 0 0 0 0
T6801 Telephone 0 0 0 156 269 0 0
T6809 Building & Utilities 0 0 3,800 0 3,000 0 0
T6900 Equipment 311 0 0 0 0 0 0
T7200 Vehicle & Employee Travel 18,548 19,056 5,484 2,597 7,907 9,130 0 T7300 Training Conference & Meeting 11,763 12,565 1,705 0 1,381 1,130 0 T7500 Dues 41 0 0 0 0 0 0
T6010 Expenses - Non Provisions & Transfers 38,118 32,890 39,716 54,779 88,679 56,950 0 NET1 Net Before Prov & Trfs & Other -31,210 -23,309 -39,716 17,131 15,016 -52,885 0 T8800 Intra Transfers 0 0 1,300 0 0 0 0
T6000 Expenses 38,118 32,890 41,016 54,779 88,679 56,950 0 Net Surplus/(Deficit) -31,210 -23,309 -41,016 17,131 15,016 -52,885 0 Description

Page 280 of 309 ends

Southeast-Rio Vista YMCA Operating Budget for FY 2023

Page 281 of 309 ends

Brooke Drew
Chief Justice
Briana Alagba
Secretary of State
Itzak Salazar
Youth Governor
Delegate Leadership
77th Model Legislature & Court
It [MLC] is great practice
and insight into our actual
state legislature and has
been a great way to connect
with other delegates across
California on topics we feel
passionately about.
-Sol Jordan, Da Vinci Science
Y&G helped
me find my voice.
-Bodhi Brunings, Central Coast-Salinas Valley
Since 1948, California YMCA Youth & Government has
provided high school youth throughout California an
unmatched hands-on learning experience based on
California’s legislature, courts, and critical aspects of civic engagement.

The program allows teen participants to collaborate
with peers, make new friends, and build skills such as
critical thinking, public speaking, persuasive writing, and research through weekly local delegation
meetings and two multi-day in-person events.
@delegationserv_

CALIFORNIA YMCA
Youth & Government
Model Legislature & Court (MLC)
I really liked all of
the people and the
encouragement to
speak without any
judgment.
-Sarah Weaver, Diablo Valley
November 8-11, 2024 at San Miguel, CA
February 14-17, 2025 at Sacramento, CA
Save the Dates
Contact your local Y to become a Y&G delegate and learn more about youth and teen programs!

Page 282 of 309 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
1 Rev. 7/2024
I. BACKGROUND
The City of Maywood has established a “Community Benefit Fund” to support community based programs and activities.

II. PURPOSE
The purpose of this policy is to provide guidelines and procedures for the distribution of public funds, which will in turn fun community programs, activities and educational activities conduct by Eligible Organizations that meet the requirements and guidelines set forth by the City Council in this policy.

III. ELIGIBILITY AND POLICY
A. Eligible Organizations. The requesting organization must be: (1) a non-profit agency as defined by the Internal revenue Service (IRS) with a tax exempt status of 501(c)(3) and is in good standing in the State of California based in the City or provides programs or services to residents of the City; a school or school-based/affiliated organization located in the City; or other City-based organization such as athletic organizations or community groups (collectively called “Eligible Organizations”); (2) must be in existence prior to submittal of an application; and (3) must have a record of successfully providing the type of service, activity or program for which funding is requested.

B. Eligible Services and Activities. To apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include but are not limited to educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. Grants will be awarded in maximum amounts of no more than $15,000.

C. Restrictions and Ineligible Organizations.

1. Grants shall not be used for religious activities or political campaigning purposes or activities.

2. A non-profit entity, a school or school-based/affiliated organization or other City-based organizations such as athletic organizations or community groups that have

Page 283 of 309 ends

2 Rev. 7/2024

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
as a member of their board or executive leadership a City employee, a City elected or appointed official or members of their family, are not eligible to apply for a Community Benefit Fund grant. Family members include spouse or domestic partner, child, parent, grandparent, grandchild, cousin, aunt, uncle, sibling, niece, nephew, parent-inlaw,brother-in-law or sister-in-law, as well as all step relationships.

D. City Projects. This policy does not preclude the City from undertaking and funding projects on its own initiative that would be a benefit to the community.

IV. APPLICATION PROCEDURES
A. Submittal of an Application. Applicants must use the Community Benefit Fund application form. Forms are available on the City website at www.cityofmaywood.org and at Maywood City Hall at 4319 E. Slauson Avenue, Maywood, CA 90270.

Applications may be requested by email at [email protected] B. Application Deadline. The City Council will have quarterly application cycles available to consider requests contingent upon monies being available under the program. The application cycles and deadlines are as follows:

Application Cycle
Quarter 1: July 1 - September 30 June 1
Quarter 2: October 1 - December 31 September 1
Quarter 3: January 1 - March 30 December 1
Quarter 4: April 1 - June 30 March 1
Application Deadline
The application must be submitted by 5:00 p.m. on the applicable deadline date addressed to: City of Maywood, Attention: Community Benefit Fund via City Manager’s Office, 4319 E. Slauson Avenue, Maywood, CA 90270.

C. General Information.

1. Applicants may apply for funds during any application cycle.

Notwithstanding, funds must be requested and spent during the same fiscal year in which the award was approved by the City Council.

2. Organizations may submit only one application per fiscal year.

3. Funding to an Eligible Organization will not constitute a precedent for contributions in subsequent fiscal years.

Page 284 of 309 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
3 Rev. 7/2024
V. EVALUATION OF APPLICATION AND SELECTION PROCESS
A. Review of Applications. Following the application deadline, City Staff will review the applications. Applicants may be contacted if further information is requested, to answer questions, clarify their application, etc. All applications will be evaluated to ensure that the applicant is an “Eligible Organization” and that purpose for which the grant is sought is consistent with this policy. Applications and recommendations of Staff, if any, will be presented to the City Council during a regular scheduled City Council meeting for the Council’s consideration and approval.

B. City Council Action. The City Council will take final action on award of all grants and maintains the discretion to fund in whole or in part any request or not to fund any or all requests during the Application Cycle. Alternatively, the City Council may hold-over any application into the next Application Cycle. In the case of multiple applications that are competing for limited available funds, consideration may be given to applications based on the following criteria: (i) the number of residents who are expected to benefit, participate in or be positively impacted by the program; (ii) the performance of the applicant in prior years, including demonstrated fiscal responsibility and compliance with applicable requirements; (iv) the amount of funding previously award to the applicant or the program or event in prior years; and (v) the total amount of funding requested as a proportion of the total available funds for the applicable fiscal year.

VI. POST AWARD REQUIREMENTS
A. Agreement. All Eligible Organizations elected to receive funds will be required to sign and execute an agreement with the City of Maywood.

B. Reporting. Eligible Organizations must complete a report, within 45 days of fund expenditure, describing the use of the grant and amount expended, the number of participants in the event or program, copies of any publicity of the event or program, and a narrative regarding the benefit to the City of Maywood. The City reserves the right to conduct an audit and/or require additional back-up information to substantiate how funds received from the City were expended. Failure to submit this required report will make the Eligible Organization ineligible for allocation of future funds until the required report is submitted. These reports will be reviewed and taken into account for evaluating subsequent funding proposals from that entity.

C. Request for Funds. The Eligible Organization receiving the funds is responsible for submitting a funds request to the City’s Finance Director and shall allow the City up to 30 days to process the request. If a third-party vendor is the recipient of the funds (i.e. bus company used for field trip), then the request shall include the information regarding that vendor including their Tax Identification Number and the check shall be made payable to that vendor. If the grant is to be used to purchase tangible goods or services, the City has the discretion to purchase the goods or services directly and

Page 285 of 309 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND

GUIDELINES AND PROCEDURES
4 Rev. 7/2024
pass-through the goods or services to the Eligible Organization rather than provide the funding.

D. Return of Funds to the City. Unexpended funds must be returned to the City at the end of the fiscal year. Funds must also be returned to the City if the City determines that the applicant has not performed in accordance with the approved application listing the use of the funds.

E. Failure to Abide by Policy. The failure of an Eligible Organization to abide by this Policy will result in the Eligible Organization being denied for funding in the future.

Page 286 of 309 ends

AGENDA REPORT

CITY OF MAYWOOD
AGENDA ITEM NO. 13.

DATE: October 23, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: CLAUDIA ZAVALA, COMMUNITY SERVICES SUPERVISOR
SUBJECT: CONSIDERATION OF APPROVING THE COMMUNITY BENEFIT FUND APPLICATION FROM CHESTER W. NIMITZ MIDDLE SCHOOL IN THE AMOUNT OF $10,000.00 TO SUPPORT STUDENT AND STAFF RECOGNITION INITIATIVES

THROUGH INCENTIVES AND FOSTER A POSITIVE SCHOOL ENVIRONMENT RECOMMENDATION:

Staff recommends that the City Council approve the Community Benefit Fund Application from Chester W.

Nimitz Middle school in the amount of $10,000.00.

BACKGROUND:

The Application is dated September 10, 2024, and was received by email from the applicant. The City of Maywood has established a “Community Based Fund” to support community-based programs and activities.

Applicant eligibility is determined by the City’s Community Benefit Fund Guidelines and Procedures (“Guidelines”) for the distribution of funds to eligible organizations that provide community-based programs, community activities and educational activities.

This school year, Chester W. Nimitz Middle School received two prestigious recognitions: the National Capturing Kids' Hearts (CKH) Showcase School Award and the California PBIS Gold Award. Both honors were awarded for the school's efforts in improving academic performance, fostering a positive and welcoming environment, and promoting strong parent and community engagement.

Chester W. Nimitz Middle School is applying for the Community Benefit Fund for the first time. This first time application highlights the school's dedication to improving campus culture and providing meaningful rewards to both students and staff.

DISCUSSION:

The applicant, Chester W. Nimitz Middle School, is requesting funding to support their student and staff recognition initiative through incentives aimed at fostering a positive school environment. The funds will help sustain the efforts that earned them prestigious recognitions, including the National Capturing Kids' Hearts (CKH) Showcase School Award and the California PBIS Gold Award.

Qualificaiton Review
Per the grant guidelines, to apply for a grant under the City Community Benefit Fund, the Eligible Organization must provide a program, service, activity, event or other similar activities that have a benefit to the residents of the City of Maywood or the specified target group within the City by: (i) enhancing the quality of life or the

Page 287 of 309 ends

delivery of services in the City; or (ii) providing educational opportunities for the residents or students of the City. Categories of services and activities eligible for grants include, but are not limited to, educational programs, cultural activities (i.e. music, art, dance, recreation), youth athletics, civic projects, health and safety programs, services sponsored by Maywood community organizations and public services (i.e. senior services, youth programs, health services). If the request relates to a community event, the event must be advertised and open to the public. In addition, per the Grant guidelines, grants will be awarded in a maximum amount of no more than $15,000.00. After reviewing the grant application, staff finds the applicant to qualify for funding per the grant guidelines.

Chester W. Nimitz Middle School, originally established as Carmelita Junior High in 1966, serves the community of Maywood by providing a wide range of programs and services to students in grades 6 through

12. Located on the border of Maywood and Huntington Park, the school serves families from both cities. Nimitz offers not only academic programs but also health and wellness initiatives, including a student and staff incentive program designed to provide social and emotional support, fostering a safe and welcoming environment for all.

Accordingly, based on the documentation provided by the applicant in support of their application, staff recommends that the City Council approve their request.

LEGAL REVIEW:

The City Attorney has reviewed this report.

FISCAL IMPACT:

The City's budget includes $75,000 in the Community Benefit Fund for fiscal year 2024/2025. To date, $7,000.00 has been expended from this account. Therefore, there is an adequate budget available, and no additional budget appropriation is needed.

F.Y. 23-24 Impact: $10,000.00 Current F.Y. Budget: $75,000 Fund Impacted: 100-General Fund Budget adjustment requested: $0 Source of funds: 302 - Community Services Remaining Budget: $48,000 Account Number: 6301 - Community Benefit Fund For fiscal year: 2024/2025

ATTACHMENT(S)

1. Nimitz 9.28.24 Application

2. Nimitz CBFProposedBudget24

3. Nimitz IRS Letter

4. CBF Guidelines & Procedures

Page 288 of 309 ends

CITY OF MAYWOOD

COMMUNITY BENEFIT FUND APPLICATION
Please Type/Print Information
(attach additional pages as needed)
Date : _____
Application Funding Cycle Application Due Date
Q1: July 1 – September 30 June 1
Q2: October 1- December 31 September 1
Q3: January 1 - March 30 December 1
Q4: April 1 - June 30 March 1
Amount Requested: _________________
Organization Name: Phone Number:

Street Address: Fax Number:

City,State, Zip: Federal EIN:

Contact Person:

Contact Email Address:

Provide a detailed description of your organization. For example, are you a school, school• based or affiliated entity, youth program, community based organization, etc.

Does your organization have non-profit status with theInternal Revenue Service? Yes No (If yes,attach documentation)
How long has this organization been in existence (provide date)? Is the organization located/based in Maywood or does it provide programs or services to Maywood residents? Yes No If yes, please explain.

Describe how the requested funds will be used? Attach a proposed budget.

Page 289 of 309 ends

What is the anticipated time-frame to provide the proposed program, service, event activity or goods and the expenditure of the requested funds?
Describe the organization's efforts in obtaining funding from other sources? How will the requested funds have a benefit to Maywood residents? How will the requested funds enhance the quality of life or the delivery of services for Maywood residents?
How will the requested funds provide educational opportunities for Maywood residents or students?
Has your organization previously received funding from the City of Maywood? Yes No If yes, identify the use of the funds, total amount, and fiscal year in which the funds were received.

Date: Signature:

Print Name and Title:

Date Received Eligibility Verified Date Approved Date Denied Amount Awarded
Revised 9.28.22

Page 290 of 309 ends

Maywood City CouncilOctober 23, 2024

Maywood City Council
October 23, 2024