Exhibit A - Scope of Services.pdf

RFP for Tree Trimming and Related Services | RFP PW-25-648 |

Exhibit A | Page 1

Exhibit A

2.1 Scope of Services

TREE TRIMMING AND URBAN FORESTRY MAINTENANCE PROGRAM

The Awarded Contractor (Contractor) shall perform and complete the proposed urban forestry maintenance program in a thorough and professional manner and will provide all labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements.

At the time the proposal is submitted, the Contractor shall have valid licenses for C61/D49 and

C27:

• C-61/D-49: Limited Specialty License for Tree Service Work (pruning, removal, stump grinding)

• C27: Landscaping Contractor License.

For Minimum Requirements/Qualifications, please see the RFP Section 3.1.

1. General Requirements

1.1 Contractors must show, through documentation, records of past performance and references. This corporate capability includes the ability to perform the following work, both consistently and concurrent with other required services:

1.2 Annually trim as many as twenty thousand (20,000) trees, with trees ranging in size from three (3) to sixty (60) inches in diameter, with work occurring during regular business hours, at night, or during weekends. Inclusive in this tree count is more than thirty-six hundred (3,600) palms, which shall be trimmed from the safety of a certified aerial boom truck.

1.3 The Contractor must be prepared to physically display an inventory of equipment for inspection by the City that includes certified aerial boom truck equipment with boom height capacity in excess of ninety (90) feet. The City will not allow workers gaffing into palms as a substitution for equipment that does not meet equipment height requirements. The Contractor must be prepared to trim trees based on seasonal appropriateness and the City's logistical needs.

1.4 Annually remove and grind the stumps of as many as five hundred (500) trees ranging in size from three (3) inches to sixty (60) inches in diameter, with work occurring during regular business hours. The Contractor must show documentable experience in the safe removal of mature trees using rigging methods, including the use of cranes.

1.5 Annually, supply and plant as many as one thousand (1,000) trees ranging in size from fifteen (15) gallon to thirty-six (36) inch box-size nursery stock. The Contractor shall exhibit, by portfolio and references, experience with planting projects of the scope and quantity described herein.

Exhibit A | Page 2

1.6 Annually water and maintain as many as one thousand (1,000) young trees with a regularly scheduled work plan.

1.7 The Contractor shall exhibit, by portfolio and references, the capacity to respond to emergency tree incidents, ranging from limb failures on single trees to storm-related damages affecting many trees, in a manner that meets the needs of the City.

1.8 The Contractor shall show the capacity to process notifications for the community on all work activities with the use of door hangers as the preferred method of notification. Other forms of notification are permitted upon prior approval of the City.

1.9 The Contractor shall operate and maintain an internet-based computerized tree inventory system that can integrate existing trees as described herein and generate custom reports at no additional cost to the City.

1.10 The Contractor must possess the capability of processing the quantities of green waste and refuse that is generated from performing the work described herein in a manner compliant with the requirements of the State’s legislation, AB 939.

2. INVENTORY

Upon contract award, the successful Contractor shall be required to provide periodic

(quarterly) updates of the City’s tree inventory based on all work as it is completed at no additional cost to the City within three (3) months of the contract award. Any missing data added, corrections to existing data or deletions shall be completed by the Contractor at no charge to the City. Inventory should be able to generate a report for all tree removals in the

Coastal Zone to be used for the Annual Monitoring Report per coastal development permits.

The tree inventory data shall conform to the existing tree inventory database (see GIS Tree

Inventory metadata example below) and include but not be limited to the following data fields:

2.1 Tree Location

2.1.1 A Global Positioning System (GPS) tree inventory shall be created with a new database using the City’s standardized addressing system for all street tree environments (parkways, medians, and other Department-maintained areas).

The Contractor shall be required to create an Environmental Systems Research

Institute, Inc (ESRI) ArcView/ArcGIS compatible “shape file.” The Contractor will be responsible for any necessary software licenses.

2.1.2 The inventory shall be capable of showing the locations of every existing tree site and vacancies on the City’s current GIS base maps (street, parcels, addresses, ROW, and hardscape, etc.).

2.1.3 The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of

Exhibit A | Page 3

ArcView. The minimum accuracy shall be not more than one (1) foot.

2.2 Measurement of Canopy Spread

As part of the data collection process, the canopy spread will be measured using either a laser rangefinder or a roll-a-tape to the nearest foot using a pre-established uniform protocol. This data shall be included in the inventory database in a format suitable for use by the City (xlsx compatible).

2.3 Tree Condition

2.3.1 The general condition of individual trees.

2.3.2 Pruning requirements (i.e., recommended pruning cycle)

Exhibit A | Page 4

3. ANNUAL MAINTENANCE PROGRAM

3.1 Upon contract award, the successful proposer shall be required to submit a work schedule based on the City’s annual pruning requirements, removal and replacement program, and planting projects. The proposal shall include a recommended annual work plan, daily work schedules, and personnel and vehicles that would be required to complete the annual maintenance program. The tree trimming priority of each location shall be established as the work progresses. Depending on the City’s current and future program needs, the scheduled work may require multiple crews to perform concurrently within the same time constraints.

The Contractor shall be aware that various special events may necessitate changes in the Contractor’s schedule. The City’s designated representative(s) shall provide the

Contractor with information regarding such special events at the earliest possible time.

Once work is started, all work in each location, including clean up, shall be completed before moving to another.

3.2 The Contractor shall have at minimum one competent working supervisor at each job site at all times when work is being performed. Each supervisor must be capable of communicating effectively both in written and oral English and hold an ISA Arborist certification. All supervisors must possess adequate technical background to ensure that all work is accomplished in accordance with the special provisions of the RFP. The

Contractor is required to have a Project Manager available by telephone on a 24-hour basis who is assigned to provide direct and prompt attention to requests from the City for emergency and after-hours tree service requests.

3.3 The Contractor shall be responsible for responding to tree-related emergencies during regular business hours of operation, after hours, weekends, and holidays. The

Contractor shall have the capacity to deal with any tree-related emergencies ranging from limbs down on single trees to storm-related damage that involves a large number of trees requiring the commitment and focus of significant resources and staffing levels for several days. Response time and protocol during emergencies is critical to the City.

As part of this contract, the Contractor shall be required to make the City their priority client for responses during emergencies that cover the Los Angeles County area.

3.3.1 Telephone responses by the Contractor to tree-related emergency calls during regular business hours of operation and after hours shall be made within fifteen

(15) minutes of the initial call.

3.3.2 The response time for a crew to arrive on-site for tree-related emergencies

Exhibit A | Page 5 during regular business hours of operations is thirty (30) minutes.

3.3.3 The response time for a crew to arrive on-site for tree-related emergencies outside of regular business hours of operation is two (2) hours.

Failure to meet these requirements by the contracting firm shall result in a $500 penalty for each occurrence.

3.4 The Contractor shall employ sufficient personnel qualified by reason of education, training, and experience to discharge the services agreed to be performed by the

Contractor. The Contractor shall provide services of the highest quality at all times, and personnel retained to perform these services shall be temperate, competent, and otherwise fully qualified to fulfill the Contractor’s obligations under the contract.

3.5 All employees of the awarded Contractor shall be dressed in clean, unaltered uniforms with suitable company identification when performing services. No portion of the uniform may be removed while working. Employees not in uniform shall be immediately removed from the work area. The Contractor shall provide a standard uniform consisting of at least a collared shirt with buttons, complimenting pants, a belt, and boots appropriate to the work. All shirts, jackets, or safety vests shall be clearly marked with company identification and the employee's name wearing the uniform in the field. Contractor employees shall appear neat and well-groomed at all times. Contractor’s employees shall wear compliant reflective orange safety vests when operating machinery and while working within five hundred (500) feet of moving traffic or such other distance required by any applicable laws.

3.6 The Contractor shall deliver a level of quality that is compatible with the International

Society of Arboriculture (ISA) standards. The standards and requirements described herein in providing tree services consistent with the standard practice results in a neat, clean, and attractive appearance to trees and associated sites serviced under the terms of the contract.

3.7 The Contractor shall endeavor to maintain good public relations at all times with the public. All work shall be conducted in a manner that will cause the least possible interference with or annoyance to the public.

3.8 Protecting the integrity and value of the urban forest: If at any time the Contractor is unclear on what course of action to follow in the field, the Contractor shall consult with the Program Manager or Designee. The Contractor shall never proceed with an activity that will result in the permanent disfigurement of a tree's structure or value.

3.9 Disfigurement of Trees: Contractors responsible for the disfigurement of trees shall be penalized in an amount equal to the subject tree's appraised value. Trees that have

Exhibit A | Page 6 been disfigured by the Contractor will be appraised by an independent consulting arborist, and the Contractor shall be penalized for that amount.

3.10 The Contractor shall conduct all work outlined in the contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State, and other legal requirements including, but not limited to, full compliance with the terms of the applicable OSHA

(https://www.osha.gov/tree-care, https://www.dir.ca.gov/dosh/tree-work-safety.html) and CAL OSHA Safety Orders (https://www.dir.ca.gov/title8/sb7g3a12.html) at all times so as to protect all persons, including Contractor employees, agents of the City, vendors, members of the public or others from foreseeable injury or damage to their property.

3.11 The Contractor shall be responsible for traffic control and safety regulations related to any City, State, or County requirements while working on medians or roads

(https://www.osha.gov/Publications/OSHA3940.pdf). The design and operation of work zone traffic controls must comply with the US Department of

Transportation/Federal Highway Administrative guidelines. The Contractor will conduct all operations to provide maximum safety for the public according to the most recent edition of the Work Area Traffic Control Handbook

(https://www.bnibooks.com/products/watchbook-work-area-traffic-control-handbook-2019-fourteenth-edition).

Where work is in progress, each street shall be open to local traffic at all times unless prior arrangements have been made and approved by the Program Manager or

Designee. The Contractor shall display standardized warning signage with controlling traffic around any area used for staging or working in any site that is subject to pedestrian or vehicular traffic and must follow all CA Department of Transportation protocols for cone placement.

At no time shall traffic be permitted to enter, or operations allowed to carry on, within any work zone that presents a dangerous condition to pedestrian or vehicular traffic.

3.12 The Contractor shall cooperate fully with the City in the investigation of any accident, injury, or death occurring on any property, including a complete written report submitted to the Program Manager or Designee within 24 hours following the occurrence.

Should any structure or property be damaged during permitted or contracted tree operations, the persons conducting the work shall notify the property owners and

Program Manager or Designee immediately. Repairs to property damage by the responsible party shall be made within forty-eight (48) hours, except utility lines, which https://www.osha.gov/tree-care https://www.dir.ca.gov/dosh/tree-work-safety.html https://www.dir.ca.gov/title8/sb7g3a12.html https://www.osha.gov/Publications/OSHA3940.pdf https://www.bnibooks.com/products/watchbook-work-area-traffic-control-handbook-2019-fourteenth-edition https://www.bnibooks.com/products/watchbook-work-area-traffic-control-handbook-2019-fourteenth-edition https://www.bnibooks.com/products/watchbook-work-area-traffic-control-handbook-2019-fourteenth-edition

Exhibit A | Page 7 shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City as applicable. Any damage caused by the permitted or contracted persons shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City.

The Contractor shall repair all City-owned facilities damaged as a result of its operations within 48 hours after notification by the City. At the option of the City, the repair or replacement work may be performed by City personnel. In either case, the

Contractor shall be solely responsible for paying all costs for restoring existing improvements.

Special attention is drawn to existing irrigation systems, plant material, landscape features, lights, utility boxes in City parkways, parks, and public landscape areas. And the need to avoid damage and repair any damage that occurs on the same day that the damage occurs.

The Contractor shall be responsible for the repair of any private property irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged.

The Contractor’s responsibility shall be continuous and not be limited to working hours or days.

3.13 Protection of Existing Improvements: The Contractor shall become familiarized with all existing installations, both public and private, at the various worksites and shall provide adequate safeguards to prevent damage to existing structures and improvements. Any damage to property caused by the Contractor, its employees, agent, and subcontractors and any damage which may have been prevented by the

Contractor, its employees, agents, or subcontractors shall be repaired, at the

Contractor’s expense, within ten (10) calendar days after such damage is caused. Water service breaks shall be repaired the same day. In the event that the Contractor fails to repair such damage, the City will make the repairs, and the cost of repairs shall be deducted from the money due or to become due by the Contractor.

The Contractor’s vehicles shall utilize routes designated by the City. No vehicles may be driven on turf areas without the approval of the City. When approved to operate on turf areas, any vehicle or equipment with fluid leaks must have cardboard under them to contain the leaks. In Queensway Bay, no vehicles may be driven on pavers and other hardscapes without the City's approval.

The Contractor’s vehicles and equipment shall not deposit oil, fluids, litter, foreign

Exhibit A | Page 8 substances, or other debris into a gutter, storm drain, or paved surface where it could be carried to the storm drain system or a body of water. The City reserves the right to require the Contractor to install “diapers” on any and all vehicles/equipment.

3.14 Authority and Inspections: The Program Manager or Designee shall at all times have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, quality, and characters of materials used and employed in work. Whenever the Contractor varies the period during which work is carried out, they shall give 24-hour advance notice to the Program Manager or

Designee. Any inspection of work shall not relieve the Contractor of any obligation to fulfill the contract as prescribed. Any and all questions regarding the work's performance shall be directed to the Program Manager or Designee.

3.15 If it appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, the Contractor shall request a further explanation from the Program Manager or Designee as necessary, and shall conform to such explanation or interpretation as part of the contract so far as may be consistent with the intent of the original scope of work.

3.16 All work shall be completed to the satisfaction and under the supervision of the

Program Manager or Designee. Failure to comply with any requirement contained herein may result in the suspension of work without a time extension. Inspection of work will be performed by the Program Manager or Designee and staff, during the performance of work or when deemed necessary.

If any portion of the work done under the contract proves to be defective or not in accordance with the specifications and if the imperfection in the same work is not of sufficient magnitude or importance to make the work dangerous or undesirable, the

Program Manager or Designee shall have the right and authority to retain the work, but they may make such deductions in the payment due to the Contractor as may be just and reasonable.

Any work that is defective or deficient in any requirement of the specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at the

Contractor’s own expense.

In any other case, a letter will be sent to the Contractor noting these deficiencies, and the Contractor shall make a reasonable and good faith effort to correct the defects within a reasonable period not to exceed three (3) days from notification. After this period, if unacceptable conditions still exist, the City has the right to terminate the

Agreement or deduct the payment as is proportionately appropriate for non-compliance with the specified contract.

3.17 The Contractor shall recognize utility companies' rights within the public right- of-way

Exhibit A | Page 9 and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operators prevent the Contractor from performing maintenance during a specified time frame. No additional compensation will be allowed for complying with these requirements. The Contractor shall notify the Program Manager or Designee of any utility that is disturbed or damaged.

3.18 Upon completion of work on individual street segments that are under the contract, the Contractor shall clean the worksite and all grounds adjacent to the work area of all rubbish, excess materials, and equipment. All sections of the work area shall be left in a neat and presentable condition. Care should be taken to prevent spillage on streets, over which work and hauling are done. Any such spillage or debris deposited on the road due to Contractor operations shall be immediately cleaned up.

3.19 Overnight parking of equipment, leaving unattended debris, and staging of materials on City streets is permitted with approval from the City. This should not prevent any access to public right-of-way or areas such as the coast. Waste bins shall be removed from individual street segments once the work has been completed.

3.20 All equipment used and all maintenance practices employed shall be subject to the inspection of the Program Manager or Designee and shall meet the safety and functional requirements described herein. All vehicles and equipment operating under this contract shall be appropriately marked with company identification. Equipment must be maintained in a good state of repair and graffiti-free. All safety guards shall be in place. No equipment shall leak oil or fluids. No equipment shall present any potential danger to the operator, co-workers, passing motorists, or pedestrians.

Failure to comply with this provision will constitute grounds to have the equipment removed from the job site. The Contractor’s responsibility is to maintain a sufficient inventory of equipment to complete the work as specified. An inventory list of equipment shall be provided. This list shall include the brand name, model number, weight, and capacities of all equipment to be used in the contract's performance. All equipment is to be approved by the City before the start of the contract. It is the

Contractors’ responsibility to notify the Program Manager or Designee of any change in the equipment inventory during the performance of the contract. This notification shall come in the form of an updated equipment inventory list, presented in the form of a memo on dated company letterhead. Failure to comply with this provision will be grounds to remove the Contractor from the job site until equipment inventory discrepancies are addressed to be compliant with the inventory supplied with the

Proposal submittal or equal.

3.21 Disposal of Refuse and Debris: Debris generated by the Contractor in the performance of work shall become the property of the Contractor. The Contractor

Exhibit A | Page 10 shall dispose of all generated waste at no additional cost to the City consistent with the requirements of AB939.

3.22 Should a change or extra work be found necessary by the City, all changes and additional work shall be performed at the same unit price of any proposal item listed.

If the task is not listed as a proposal item, the Contractor shall submit a fair cost for the work to be performed. A change order authorization, in writing, will be issued by the City.

3.23 The City reserves the right to adjust the quantity of any item(s) or portion(s) of the work described in the specifications or the Proposal form or to omit portions of the work so described as deemed necessary or expedient by the Program Manager or Designee.

The Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications, or deviations from the work described in the scope of services by Contractor shall be subject to the prior written approval of the City. Any price adjustments shall be made by mutual consent of the parties in that case.

3.24 Existing City grids are subject to change at any time at the discretion of the City. The

Program Manager shall assign grid trim locations. Any assigned trim location that consists of 50 or more trees in a continuous area shall be trimmed at grid trim prices.

3.25 If the Contractor, after having officially commenced work on said contract, should discontinue work for any cause, he/she shall notify the Program Manager or Designee the intent to do so, and shall further notify of the date for restarting operations.

3.26 The Contractor shall display standardized warning signage when staging or working in any area that is subject to pedestrian or vehicular traffic per the Work Area Traffic Control

Handbook:

https://www.bnibooks.com/products/watchbook-work-area-traffic-control-handbook-2019-fourteenth-edition).

3.27 The use of spiked shoes/boots for climbing is prohibited.

4. PROJECT SPECIAL PROVISIONS

This work consists of tree trimming, tree and stump removal, and tree planting. This contract also requires electronic management of all work records. Within this section are the descriptions and specifications for the detailed services and materials necessary to provide services under the contract and shall be included in the proposal's base price and shall not result in additional charges to the City.

https://www.bnibooks.com/products/watchbook-work-area-traffic-control-https://www.bnibooks.com/products/watchbook-work-area-traffic-control-handbook-2019-fourteenth-edition

Exhibit A | Page 11

4.1 Work Quality & General Standards: All work as part of this contract shall comply with the good arboreal practice for the particular species of trees being trimmed and shall be consistent with the Pruning Standards as adopted by the International Society of

Arboriculture, and/or “Pruning Landscape Trees” by U.C. Agricultural Extension

Service #AXT-288. The Contractor shall meet the requirements of the most current

American National Standards, Z133-1-1972, entitled “Safety Requirements for Tree

Pruning, Trimming, Repair or Removal” published by the American National Standard

Institute, Inc., 1430 Broadway, New York, New York 10018.

The Program Manager or Designee shall determine if the Contractor has met all trimming requirements, and payment shall not be made for trimming 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 contract standards.

Prior to beginning the work, the Contractor shall review with the Program Manager or

Designee the various methods, tools, and work schedules to be used on the project.

Unless otherwise indicated, tree trimming shall include but not be limited to current industry standards for pruning.

Any structural weakness, decayed trunk or branches, or split crotches or limbs discovered by the Contractor during the course of trimming shall be reported to the

Program Manager or Designee for determination of action as soon as it is discovered.

Prior to their use, the Program Manager or Designee shall specifically approve lopping sheers.

Daily tree trimming operations shall commence no earlier than 7:00 AM and shall be completed each day no later than 4:00 PM. Holiday and weekend hours will be based on program manager direction.

The Contractor shall be responsible for removing all vines entwined in the tree or around its trunk and removing sucker growth from tree trunks.

No worker shall enter a fenced or otherwise secured private property area without the property owner's consent.

4.2 Public Noticing: The Contractor shall supply and post standard signage on the trunk of the tree at the site at which work is to be performed at least seventy-two hours (72) in advance of work. Signage must clearly state what type of work is to be done and what effect the work will have on parking availability at that particular site. The posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree. If a tree trunk is not available for posting, the Contractor shall affix the posting to

Exhibit A | Page 12 a standard size safety cone, delineator, or wood stake placed in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding.

4.3 Tool Sanitation: 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 a danger of transmitting the disease on tools. A fresh solution shall be mixed daily. The old solution shall be disposed of through proper disposal methods. Dumping used or old bleach solution on the ground or down the storm drain will result in severe penalties to the

Contractor per the Federal Clean Water Act (Chapter 33 U.S.C. § 1251 et seq) and Long

Beach Municipal Code (Chapter 8.96.060).

4.4 Wildlife Protection: Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any kind in the tree in which the nest is found without the Program Manager or Designee's written permission. At no time shall any nest or wildlife be removed from its location. In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify the City’s

Animal Care Service, as identified in the Contractor’s submittal required herein regarding “Protection of Wildlife,” shall be contacted for assistance.

Please refer to 4.5 for specific requirements pertaining to wildlife in the California

Coastal Zone.

4.5 Coastal Zone: A small portion of the City lays within the California Coastal Zone. The coastal zone in Long Beach is specifically defined in Exhibit A-5 Map of Long Beach

Trees in the Coastal Zone, and subdivided into the City Permit Jurisdiction, Appealable

Area, and State Permit Jurisdiction. As defined by the California Coastal Act and U.S.

Migratory Bird Treaty Act, this zone has restrictions on the City’s tree maintenance policy related to bird activity and nesting habitat. The Contractor shall adhere to all

City and State Coastal Zone requirements.

Upon execution of the contract and prior to conducting any work in the Coastal Zone, the Contractor shall ensure that all staff to be working in the Coastal Zone including, but not limited to, supervisors, arborists, and tree workers are to attend training on

Coastal Zone compliant procedures which will be led by the City.

Within the coastal zone, the trimming or removal of any tree shall be undertaken in compliance with all applicable codes or regulations of the California Coastal Act, California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the

U.S. Migratory Bird Treaty Act, and shall be conducted under the parameters described in this Section 4.6. The Contractor shall submit an annual monitoring report for all tree

Exhibit A | Page 13 removals and replacements in the Coastal Zone for review by the City.

Any tree trimming or removals conducted in the Coastal Zone, including work done during regular business hours, after hours, and emergency work, shall be supervised by a qualified biologist/ornithologist, contracted by the City, as necessary to abide by

Coastal Zone permit requirements.

4.5.1 Tree Trimming During Non-Breeding and Non-Nesting Season (October through

December)

Prior to tree trimming or removal during the non-breeding and non- nesting season, defined as the period from October through December, a qualified biologist or ornithologist, to be contracted by the City, shall conduct a survey of trees scheduled to be trimmed or removed to detect any bird activity and submit a report to the City.

The Contractor shall not conduct any tree trimming or removal in the coastal zone until this report is provided to the City, and the City subsequently provides a

Notice to Proceed to the Contractor.

After the Notice To Proceed is issued, conditions discovered while in the field and possible determination of bird activity may require demobilization or change of tree trimming operations at the City's direction.

Trimming of trees with nests shall be supervised by a qualified biologist or ornithologist and a qualified arborist to ensure adequate nest support and foliage coverage is maintained in the tree, to the maximum extent feasible, in order to preserve the nesting habitat. Trimming of any nesting trees shall occur in such a way that the support structure of existing nests will not be trimmed and existing nests will be preserved, unless the Department of Public Works, in consultation with a qualified arborist, determines that such trimming is necessary to protect the health and safety of the public. The amount of trimming at any one time shall be limited to preserve the suitability of the nesting tree for breeding and/or nesting habitat.

Tree trimming may not proceed if a nest is found, and evidence of courtship or nesting behavior is observed at the site. In the event that any birds continue to occupy trees during the non-nesting season, trimming shall not take place until a qualified biologist or ornithologist has assessed the site, determined that courtship behavior has ceased, and given the approval to proceed within 300 feet of any occupied tree.

4.5.2 Tree Trimming or Tree Removal During Breeding and Nesting Season (January through September

Exhibit A | Page 14

If tree trimming or removal activities cannot feasibly avoid the breeding season because a health and/or safety danger exists, the following guidelines must be followed:

A qualified biologist or ornithologist, to be contracted by the City, shall conduct a survey of trees scheduled to be trimmed or removed, to detect any bird activity or nesting behavior in or within 300 feet of the work area and submit a report to the City. A tree trimming or removal plan shall be prepared by the City and performed by the Contractor. This plan shall include:

a. A description of how work will occur.

b. Work must be performed using non-mechanized hand tools to the maximum extent feasible.

c. Limits of tree trimming and/or removal shall be established in the field with flagging and stakes or construction fencing.

d. Steps shall be taken to ensure that tree trimming will be the minimum necessary to address the health and safety danger while avoiding or minimizing impacts to breeding and nesting birds and their habitat.

All tree trimming and tree removal shall be conducted in strict compliance with

Local, State, and Federal policy. All trimmings must be removed from the site at the end of the business day and disposed of at an appropriate location. Any proposed change or deviation by the Contractor from the approved Notice To

Proceed work plan must be submitted for review and approval by the program manager.

This section is not a comprehensive list of requirements. Additional requirements will be provided in the referenced training above.

4.6 Pre-inspection: Prior to the commencement of any work in the vicinity of any tree, the

Contractor shall identify the location of utilities, irrigation components, or any private property element(s) that could be compromised by any work activity. If identified, the

Contractor shall take appropriate action to protect the same. If during pre-inspection, the Contractor determines the damage that exists before the onset of work, the

Contractor shall document the damages with photos and report such damage to the

Program Manager or Designee before commencing work in that area. All photo documentation shall have the time and date embedded. Any claim of damage that cannot be refuted by photo-documentation and a written report to the Program

Manager or Designee shall be considered the Contractor's responsibility.

4.7 Setup, Operations, Equipment Staging: The Contractor shall set up, operate, and stage in a manner that presents the least amount of disruption to residents, businesses, the public, and traffic flow. Outside of an emergency, at no time will

Exhibit A | Page 15 multiple setups or equipment staging be allowed on both sides of a street within the same block.

4.8 Identification and Reporting of Hazards: While performing work of any type, the tree worker should inspect for any obvious hazards related to trees. All hazardous situations should be corrected or promptly reported to the City. Any defective or weakened trees shall be reported to the Program Manager or Designee.

4.9 Risk Management: Tree work is a controlled task. At no time should work be performed to result in a loss of control incident (e.g., large free-falling limbs or trunk section, hinge cutting to avoid the use of ropes/hoisting equipment, lack of safety apparatus/equipment guards, improper use/loading of equipment). The Contractor shall be responsible for meeting equipment inventory requirements described herein.

Failure to maintain control at all times shows a lack of planning and good judgment. It is dangerous, and can result in serious injury, and will be penalized by Cal OSHA. No reasoning will be accepted for loss of control incidents. In addition to penalties and/or the withholding of contract payments, the Contractor shall be responsible for the mitigation of any damage related to a loss of control incident and any City time and materials related to incident investigation. The Contractor will also be responsible for retraining all staff on the loss of control safety following an incident and provide proof to the City.

4.10 Cleanup of Green Waste & Debris: Limbs, logs, or any other debris resulting from any tree operations shall be promptly and properly removed. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of brush, limbs, logs, or other debris be allowed to pose a hazard to the public. During production trimming and removals, debris shall be removed from public rights of way and private property within one (1) hour of the completion of work on the tree from which the debris was generated. All trimming activities shall cease immediately if clean up equipment ceases to function or is not available (e.g., loader, roll-off equipment, staff). Street rights of way shall not be used to stage unattended debris generated during standard work hours. All debris from tree operations shall be cleaned up each day before the work crew leaves the site. All lawn areas shall be raked, all streets/sidewalks shall be swept, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree operations. No material is to be allowed to enter any storm drain.

4.11 Disposal of Materials – City to Receive Recycled credit – AB939

All green waste produced as a result of the Contractor’s operations under this

Agreement shall be reduced, reused, recycled, and/or transformed by the Contractor.

Digital copies of weight slips shall be required as proof of final disposal and must be made available by the Contractor with each demand for payment. All brush generated

Exhibit A | Page 16 from tree trimming operations shall be recycled where practical.

Wood Chips:

a. Chips generated from trimming operations within the City may be dumped and spread at a City designated site with written permission from the Program

Manager or Designee.

b. At the direction of the Program Manager or Designee, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped and spread in specified locations in the City at no additional cost.

Reducing shall include but are not limited to chipping, grinding, and/or shredding operations. Disposal is to be at a recycling yard for use in a mulching program, and the

Contractor shall provide digital proof of such with each demand for payment.

Reusing will include, but not be limited to, using chipped, ground, or shredding tree materials as mulch. If the Contractor has a location outside the City where such mulch may be applied, the Contractor must provide the City with digital documentation

(included in each demand for payment) from the property owner indicating the location and amount of material used at that location.

Recycling and Transformation will include, but not be limited to, firewood that is too large to be chipped, ground, or shredded for use as mulch and biofuel conversion. If the wood is to be kept for firewood by the Contractor or converted to biofuel, the

Contractor must provide to the City digital proof of the recycling or transformation operation with each demand for payment.

4.12 Record Keeping: The Contractor shall provide and operate at no additional cost to the

City, a computerized tree inventory system that is capable of uploading historical data and that is compatible with the current City inventory system (web-based Cityworks

Service 2013). The system shall be password accessible twenty-four (24) hours each day of the year via the internet. Historic tree inventory and work history data, to be provided by the City, shall be uploaded and operational within the Contractor’s tree inventory system before the commencement of any tree service work under the terms of an awarded contract. Thereafter, the Contractor shall update and maintain the tree specific site, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g., species, height, DBH) as referenced in Section 2. And to record the date, crew, and cost, identify any trimming, removal, planting, or emergency response work that occurs at any tree site at which tree work is performed. The system shall be updated to reflect the removal and replacement of trees as well as the addition of trees to the inventory. The system shall be capable of maintaining and displaying all work histories for all tree sites in the inventory, both individually and collectively, by a query, as well as future scheduling to the extent known. All aspects of the system, including, but not limited to, data entry, system maintenance, system hardware and/or

Exhibit A | Page 17 software upgrades, and server security and stability shall be the responsibility of the

Contractor. It shall be provided to the City at no additional cost. The system shall not be proprietary in the nature of its function. It shall operate and interface with common computer software and web-based applications, including the ability to export data into common spreadsheet applications. The records created for the City shall be the property of the City.

Tree site/task-specific hardcopy backup data for any work that has occurred during a billing cycle shall accompany the invoicing for that period. They shall be accessible for review on the internet-based computerized tree inventory system before the submittal of invoicing for that work. Invoicing for work that does not meet the requirements defined herein will not be processed for payment until such time as the requirements have been satisfied.

Failure to meet and maintain the computerized tree inventory system requirements shall be grounds for termination of the Agreement.

4.13 Inspections: The Program Manager shall be furnished with every reasonable facility for ascertaining full knowledge of the daily tree maintenance operations involving the quality, character of materials and equipment used and employed in work. Each day, the Contractor shall be required to provide the Program Manager or Designee with a written schedule of all daily tree maintenance operations, including but not limited to trimming, planting, removals, stump grinding, and watering.

The work inspection shall not relieve the Contractor of any obligations to complete the job as outlined in this document. Defective work shall be made right even if the defective work was not pointed out during the initial inspection, and the result was accepted for payment.

Any work found to be unacceptable will be noted in writing. Upon receipt of notice of any deficiencies, the Contractor shall make a reasonable effort to correct the deficiencies within five (5) working days. If unacceptable conditions are not corrected within this period, the City shall have the right to deduct payment or have services performed by others at the Contractor’s expense.

4.14 Invoicing: The Contractor shall submit invoices on a bi-weekly or monthly basis. The invoice format shall include but not be limited to a list of each street that work took place, the address of each individual worksite and the activity, the species and its current condition, height, trunk diameter, and canopy spread of each individual tree.

Each invoice shall include an electronic Excel report that is compatible with the City’s

Tree Inventory program. Failure to submit invoices in such a format may result in non-payment until these requirements are met. Payments shall be made for services completed. No payments shall be made for non-performance of services.

Exhibit A | Page 18

4.15 Withholding Payment: If, in the City's judgment, Contractor is deemed in default, the

City at its option in addition to, or in lieu of, other remedies provided herein, may withhold payment or deduct from Contractor’s invoice for work not performed. The

City will give notice describing deficient work or work not performed and the amount to be withheld or deducted from payments.

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:

4.15.1 Defective, unsatisfactory, or inadequate work is not corrected.

4.15.2 Claims filed or reasonable evidence indicating probable filing of claims.

4.15.3 The Contractor fails to make proper payments to subcontractors or for materials or labor.

4.15.4 A reasonable doubt that the contract can be completed for the balance unpaid.

4.15.5 Damage resulted from an incident involving property damage.

Notwithstanding anything to the contrary printed on the City’s Purchase Order, the Contractor may be terminated in accordance with and as described in

“Default By Contractor / Termination,” upon Contractor’s failure to correct deficiencies in a timely manner.

4.16 Estimated Quantities: The quantities stated herein are only estimates. The actual number of trees to be trimmed is dependent upon available budget resources. The

Contractor shall furnish whatever quantities are specified by the City, at whatever locations are selected by the City, after the award of the contract, whether the quantities are more or less than the estimates, at the unit prices proposed. There is no guarantee that the proposal's total amount will be reached or that it may be exceeded.

4.17 Minor Modifications and/or Additional Work: The City may modify these specifications with the joint approval of the Contractor and the City Representative. All modifications shall be in writing.

4.17.1 In the event that the City should require additional work beyond the requirements of these specifications, the Contractor shall perform all work at a competitive price within the industry.

4.17.2 Additional work may be added to the contract work if the need arises. The

Contractor shall perform all specified and approved additional work at the unit prices submitted with the Contractor’s Proposal.

4.17.3 The Contractor must be willing to provide a competitive price for additional work that may be added to the contract. The 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

Exhibit A | Page 19 additional work in a timely manner (within 60 days).

4.17.4 The Contractor must have the ability to receive and respond to emergencies.

The response time for a crew to arrive on-site for tree- related emergencies during standard business hours of operations is thirty (30) minutes. The response time for a crew to arrive on-site for tree-related emergencies outside of standard business hours of operations is two (2) hours.

4.18 Hardwood Tree Pruning: Any tree work performed on a City tree must be done according to the City’s specifications. The criterion for pruning varies based on the type or purpose of pruning.

4.18.1 General Specifications for hardwood tree pruning.

4.18.1.1 The Contractor shall consult with the Program Manager or Designee before making any cuts that could result in permanent disfigurement of the structure of any tree.

4.18.1.2 Trees shall be pruned to prevent branch and foliage interference with a safe public passage. Street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street and twelve (12) feet above the curb and surface of a public sidewalk or pedestrian way.

Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, the Contractor shall not prune the tree until the direction is obtained from the Program

Manager or Designee.

4.18.1.3 When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk.

4.18.1.4 When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed; the live collar should remain intact and uninjured.

4.18.1.5 Whenever pruning involves the…