CC - Item 6J - Approval of Specs and Authorization to Solicit Proposals for City Tree Maintenance ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER ~j
DATE: DECEMBER 8. 2009 U~ v" 1~
SUBJECT: APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SOLICIT
PROPOSALS FOR CITY TREE MAINTENANCE SERVICES
SUMMARY
The City of Rosemead currently uses outside contractual services to perform regular
street tree and park tree maintenance. Services performed by contract include regular
tree maintenance and management of trees located within the City parkways, medians,
parks and City-owned facilities. As the urban forestry is an important City asset, these
services are critical to ensure that City trees remain healthy, aesthetically pleasing, and
safe for both the motoring and pedestrian public. Currently, the City contracts with Great
Scott Tree Service company on a month-to-month basis for these services. If approved,
this proposal would enable the City to enter into a fixed cost maintenance contract for a
period of five (5) years with an option to extend the contract for two (2) additional years.
Staff Recommendation
Staff recommends that the City Council approve the attached specifications for tree
maintenance services and authorize staff to solicit proposals from the attached list of
qualified tree maintenance firms.
DISCUSSION
The City of Rosemead currently owns about 5,200 trees that are located within the City
right-of-way, City parks and facilities. The City urban forestry inventory continues to
increase due to the City's proactive tree planting programs.
Project Description
The current tree maintenance services contract expired on August 7, 2007. Staff has
arranged for a continuation of the contract services with Great Scott Tree Service
Company on a month-to-month basis. The scope of work in the new proposed contract
includes the development of a City Tree Master Plan and maintenance/management
services for trees within City parkways, medians, parks and at City facilities.
To ensure that a high standard of service is maintained, specifications for tree
maintenance services are included in the proposed agreement. In addition, the proposed
APPROVED FOR CITY COUNCIL AGENDA:
ITEM NO. o:,
City Council Meeting
December 8, 2009
Page 2 of 2
agreement contains provisions requiring optimal service levels and provides flexibility to
the City to enhance the services when needed. The service levels will continually be
monitored by City staff and the contractor's performance for the maintenance services
will be periodically evaluated.
The term of the contract is for five (5) years and, due to the substantial commitment of
personnel and equipment required by the contract, there are two (2) optional one-year
extensions. An annual CPI increase is included after the 5th year of service, subject to a
maximum increase of 2.5%. Experience has proven that multi-year contracts are the
most cost-effective way to provide maintenance services.
Bid Process and Analysis
Upon City Council approval, the RFP will be mailed to a list of qualified tree maintenance
service providers. Tentatively, proposals will be due to the City by Tuesday, December
22, 2009, and staff will present a recommendation to the City Council on Tuesday,
January 12, 2010. The timeline for soliciting proposals is included in the attached RFP
(see RFP, Page 2). If approved, the new contract would take effect February 1, 2010.
As indicated in the RFP, fee schedules and costs will not be the sole criteria for award of
this agreement. Instead, evaluation criteria for the proposals will include several
categories, including experience, equipment listing, cost, safety training practices,
management ability, and reference checks.
FINANCIAL REVIEW
Funding is available under the annual maintenance and operations budget, Public
Works, Park and Open Spaces cost center.
PUBLIC NOTICE .
This agenda item has been noticed through the regular agenda notification process.
Prepared by:
Farid Hentabli
Senior Management Analyst
Submitted by:
Chris Marcarello
Deputy Public Works Director
Attachments:
(1) Request for Proposal - Tree Maintenance Services for City Trees
(2) Contractor's List
(3) Draft Tree Maintenance Services Agreement
CITY OF ROSEMEAD
REQUEST FOR PROPOSAL
RFP No. 2009-14
TREE MAINTENANCE PROGRAM
December 2009
Submittal Deadline: December 22, 2009, Before 10:30 AM
The City of Rosemead is soliciting Requests for Proposals from qualified
contractors to provide annual services for maintenance, trimming, removal and
replacement of trees, as needed, within the City limits.
II. PROPOSAL SUBMITAL DATE AND REVIEW
Contractors must submit three (3) complete copies of their proposals before
December 22, 2009, at 10:30 AM. All proposals must be delivered to the office of
the City Clerk, City of Rosemead, or mail to:
City of Rosemead
Attn: City Clerk
8838 East Valley Boulevard
Rosemead, CA 91770
The received proposals will become part of the official files of the City of
Rosemead and will not be returned. Late proposals will not be accepted. The
Request for Proposal (RFP) package needs to be sealed and labeled as follows:
Proposal for Tree Maintenance Program - CONFIDENTIAL
All proposals will be reviewed to determine conformance with the RFP
requirements. Any proposal deemed incomplete, conditional, or non-responsive
to the requirements of the RFP may be rejected. The City reserves the right to
reject any and all proposals.
As part of the review of the submitted proposals, the City will conduct a thorough
evaluation, as detailed in this RFP. The evaluation will lead to the selection of a
Contractor and an award of a tree maintenance service Contract. Subsequently,
the successful Contractor must provide to the City four (4) additional copies of its
proposal.
III. CITY POINT OF CONTACT
The sole source of contact regarding this RFP is Rafael Fajardo, Associate Civil
Engineer, (626) 569-2151. Contractors interested in submitting a proposal are
asked not to contact other staff members of the City of Rosemead in connection
with this RFP prior to the announcement of the selected Contractor.
IV. SCHEDULE
The following are key dates for this tree maintenance service RFP:
Mailing of RFP:
Proposals Due to the City:
Award of Contract by City Council:
December 9. 2009
December 22, 2009 before 10:30 AM
January 12, 2010
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V. GENERAL INFORMATION
The City of Rosemead is soliciting proposals from qualified contractors to provide
services for maintenance, trimming, removal and replacement of trees within the
City. The City has approximately 5,200 street and park trees.
The purpose of this maintenance contract is to develop a City urban tree
inventory, develop a City master tree plan and provide the City with the best
possible tree care. The selected Contractor will work closely with the City arborist
and other City staff to ensure that the most appropriate care and maintenance of
the City's trees is provided.
It is the intent of the City to award a Maintenance Agreement, in a form approved
by the City Attorney, to the selected Contractor. The City reserves the right to
further negotiate the terms and conditions of the Contract. The City shall preserve
the right to reject any proposal for noncompliance with contract requirements and
provisions, or to not award a contract because of unforeseen circumstances or if
it is determined to be in the best interest of the City. This project will be awarded
based on demonstrated ability and performance providing similar services at a
fair and reasonable cost. Cost will not be the sole criteria used in awarding the
tree maintenance services agreement. The City does not guarantee a specific
amount of work and the quantity of work may increase or decrease
depending on the annual needs of the Urban Forest and City budget
constraints.
The City, at its option and with Contractor concurrence, may renew the initial five-
year term Contract for up to two (2) additional one (1) year periods, using the
same terms and conditions as provided herein. This option may be exercised
only if the Contractor demonstrates superior performance in the provision of tree
maintenance services during the prior five year contract term.
VI. GENERAL CONDITIONS
A. AUTHORITY TO WITHDRAW RFP AND/OR NOT AWARD CONTRACT
The City Rosemead reserves the right to withdraw this RFP at any time without
prior notice. Furthermore, the City makes no representations that a contract will
be awarded to any contractor responding to the RFP. The City expressly
reserves the right to postpone the opening of proposals at its own convenience
and to reject any and/or all proposals responding to this RFP without indicating
any reasons for such rejection.
B. PRICING APPROACH
The City of Rosemead intends to award a fixed annual contract price for the first
five-year term of this Contract, with an option to renew annually for up to two (2)
more years, based on performance. The City does not guarantee a specific
amount of work and the quantity of work may increase or decrease depending on
the annual needs of the City's Urban Forest and City budget constraints.
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Subsequent to the initial five-year Contract term, and if the option for renewal is
exercised at the fifth and sixth anniversary of the Contract effective date, the
Contract amount shall be adjusted in proportion to the change of the Consumer
Price Index for the Los Angeles Basin at the time, subject to a 2.5% maximum
increase per year.
VII. INSURANCE AND PERFORMANCE BOND
The selected Contractor shall provide to the City the necessary insurances
endorsements and performance bond in the amount of Contract, as specified in
the enclosed Draft Contract.
VIII. PROPOSAL EVALUATION CRITERIA
The proposals will be evaluated on the basis of the response to all provisions of
this RFP. The City of Rosemead may use some or all of the following criteria in
its evaluation and comparison of the proposals submitted. The criteria listed
below are not necessarily an all-inclusive list. The order in which they appear is
not intended to indicate their relative importance:
A. The Contractor's demonstrated awareness of safety in all operations
B. A demonstrated understanding of the scope of work and other proposal
tree maintenance services
C. A logical, proven methodology for carrying out the work tasks described in
the proposal
D. The Contractor's recent experience in conducting contracts of similar
scope, complexity, and magnitude, particularly for government agencies
E. The quality and quantity of personnel to be assigned to the Contract,
including its recent tree maintenance experience
F. The quality and quantity of equipment to be assigned to the Contract,
wherever applicable
G. A listing of the organizational structure of the proposed contract team
H. The financial stability of the Contractor
Recent references from clients, with particular emphasis on local
governments
J. The proposed schedule
K. The proposed costs
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IX. REQUIRED QUALIFICATIONS
The award of contract will be made to the contractor that best meet the City's
requirements and offer the most advantageous combination of low price and
highest qualifications for the criteria described in this document. All contractors
submitting bid proposals must hold a valid State California C-27 and a C-61049
Contractor's License. The license must be in good standing with the State
regulating body/ board.
Contractor shall have OSHA certification of aerial equipment to be used
throughout the term of this project. Both of these provisions shall be provided
with the submission of bid proposals.
A cover letter describing all persons that will be performing the work outlined in
the Contract. Personnel must be qualified and trained in the tree maintenance
industry. This will include the staffing of a manager who shall be an ISA Certified
Arborist and fluent in the English language. At all times during contracted tree
maintenance activities, the Contractor shall have work crews on site that are
represented by an English speaking supervisor who can receive and carry out
instructions given by proper authorities.
The Contractor shall be held liable for the faithful observance of any lawful
instructions of the City, not in conflict, with the Contract, which may be delivered
to said party or his representatives on the work.
Contractor shall demonstrate that it has substantial experience with tree
maintenance program for municipalities, including urban tree inventory and
municipal tree master plans.
At the time of award, the successful bidder must have staff that includes Certified
Crane Operator(s) as recognized by National Commission for the Certification of
Crane Operators (NCCCO).
Contractor shall have a Quality Control Plan with an effective and efficient means
of identifying and correcting problems throughout the entire scope of operations.
The successful Contractor shall be required to comply with this quality control
throughout the term of the Contract. Contractors shall have a current Safety
Manual that meets SB 198 requirements for injury and illness prevention.
X. SUBMITTALS
Contractors wishing to have their bid proposals considered for this project shall
submit a statement of the contractor's qualifications applicable to this project,
including the following minimum:
A. State of California Contractor's License number and expiration date, C-27
& C61/D-49 and any other applicable licenses
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B. 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 the project as well as a full-time English speaking Site
Supervisor, who is an ISA Certified Arborists, capable of communicating
with any City representative and be authorized to act on behalf of the
Contractor.
C. List of Staff Qualifications Including But Not Limited To:
1. All Certified Arborists employed by the Contractor
2. All Certified Utility Arborists employed by the Contractor
3. .AII Certified Treeworkers employed by the Contractor
4. All Certified Urban Foresters and/or Municipal Arborists employed
by the Contractor
5. All Utility Line Clearance Treeworkers employed by the Contractor
6. California State Licensed Pest Control Advisor and Applicator
employed by the Contractor
7. American Society of Consulting Arborists (ASCA) Registered
Consulting Arborist employed by the Contractor to consult on tree
health issues
8. Technicians providing technical support for inventory software
9. Traffic Control Design Specialist(s) and Traffic Control Technician(s)
in accordance with the American Traffic Safety Services Association
(ATSSA)
D. References
E. Corporate Capability
1. Affirmative statement of compliance with indemnity and insurance
2. All licenses that are required to complete job
F. Services to be Performed
G. Equipment
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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
H. Information Management
1. Written description of the proposed software program to be used to
manage the City's Tree Inventory and Contractor's ability to provide
accurate inventory updates for all trees serviced
2. A statement describing the Contractor's ability to provide data for
the City's Geographic Information System (GIS)
1. Quality Control Plan
1. A written description of the Contractor's plan to report greenwaste
generated and the method for its disposal
2. A written description of methodology to be used for notifying
residents prior to commencement of tree work. (Door hangers are
permitted in the City)
3. The methodology in which the Contractor will handle complaints
from the public and damage to public and private property
4. Effective means to correct problems
5. The means the Contractor will use for completing the project
J. Employee Training
A written description of the Contractor's internal tree maintenance and
arboricultural training program
XI. PROJECT SPECIFICATIONS
It shall be understood that the Contractor will be required to perform and
complete the proposed tree maintenance work in a thorough and professional
manner, and to provide labor, tools, equipment, materials and supplies necessary
to complete all the work in a timely manner that will meet the City's requirements.
Contractor will be required to perform the following tree maintenance activities at
various sites throughout the City:
1. Tree inventory
2. Master street tree plan
3. Citywide tree maintenance and pruning (including parkway and
median trees, park trees and City facilities trees)
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4. Tree removal
5. Tree planting
6. Crew rental (as needed)
7. Emergency response (as needed)
8. Clearance pruning
9. Tree watering
10. Small tree care
11. Palm trunk skinning
12. Root pruning
13. Specialty equipment rental (as needed)
14. Arborist services/inspection
15. Data entry
16. Webpage development
17. Online maintenance access (i.e. Internet-based access to an Urban
Forestry Management tool that include 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)
A. Annual Pruning Program
Contractor shall develop and propose to the City a recommended annual
pruning program. Depending on the City's current and future pruning
needs the recommended pruning schedule may require multiple crews to
perform concurrently within the same time constraints
B. Tree Inventory
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, service
requests, summary reports and pictures of City tree species. The
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Contractor shall provide software support to the City for the entire term of
the Contract.
The Contractor shall provide the City with recommendations' for tree
maintenance, recommended planting locations, and recommended
removals. Attributes to be collected by field personnel may include
Address, Street, Facility, Species, Diameter, Crown, Height, recommended
maintenance, overhead utilities and parkway size and type.
1. GPS Tree Inventory
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, parks 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. 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. At the end of the project, the City
will receive a complete listing of all sites inventoried, both in hard
copy and on software, 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. Contractor shall be required to
create an ESRI ArcView/ArcGIS compatible "shape file". The new
inventory shall be capable of showing the location of every existing
tree site and vacancies on the City's existing GIS base maps
(streets, parcels, addresses, ROW and hardscape, etc.) 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 ArcView. Minimum accuracy shall be within one
(1) meter.
2. Experience
The Contractor shall have at a minimum five (5) years experience in
collecting tree inventories and 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 to address its
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specific needs. The user-friendly program should allow customers
to generate a variety of reports quickly.
3. Training of City Staff
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. Contractor
shall provide training to designated City staff during the hours of
7:00 A.M. to 5:00 P.M. Monday through Thursday. The Contractor
shall be readily available by telephone, e-mail or may respond to the
City's inquiries in a timely manner.
C. Tree Trim Service Request
Contractor may need to provide service for trees prior to their regular and
scheduled trim cycle in order to correct an immediate problem/ concern.
Such request (s) shall be addressed and work completed within two (2)
weeks.
D. Prohibition Against Transfer or Assignment
Contractor may not assign any right or obligation of this Agreement or any
interest in the Contract without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null and
void. Contractor acknowledges that these provisions relative to assignment
are commercially reasonable and that Contractor does possess special skills,
abilities, and personnel uniquely suited to the performance of Contract
services and any assignment of this Agreement to a third party, in whole or in
part, could jeopardize the satisfactory performance of contract services.
Contractor may not employ any subcontractors unless specifically authorized
by City.
XII. PROJECT SPECIAL PROVISIONS
This project may include of special tree pruning, traffic clearance pruning, and
palm pruning as specified under this Section.
A. WORK QUALITY
All tree pruning shall comply with good arboreal practice for the particular
species of trees being trimmed and shall be consistent with the Pruning
Standards and Best Management Practices as adopted by the
International Society of Arboriculture. The Contractor shall also meet the
requirements of the American National Standards, Z133-1-2006, entitled
"Safety Requirements for Arboricultural Operation," published by the
American National Standard Institute.
The City of Rosemead 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
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contract default, if they consistently fail to comply with the aforementioned
standards.
B. STANDARDS
Prior to beginning the work, the Contractor shall review with the Public
Services Superintendent various methods, tools, and work scheduling to
be used on the project. Unless otherwise indicated, tree pruning shall
include but not be limited to accepted pruning activities.
Daily tree pruning operations shall commence no earlier than 7:00 A.M.
and shall be completed each day no later than 5:00 P.M.
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 ('/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'/2") 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 City staff. All debris
resulting from tree pruning operations shall be removed from the work site
on a daily basis.
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 danger of transmitting the disease on tools. Fresh solution
shall be mixed daily.
1. Annual Tree Pruning
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) and the ANSI
A300 Standards. Special projects that are difficult to access,
require the need for specialty equipment (i.e., 95-foot tower),
service request pruning, or pruning to reduce and/or pruning to
restore would fall under Crew Rental.
a. Contractor shall comply with Standards of CAL OSHA and
the American National Standard Institute, Z133 Safety
Requirements
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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. The Contractor personnel shall
wear identifiable uniforms to identify them as employees of
Contractor. The 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. The work shall then commence in accordance with
instructions from the utility company. The Contractor shall be
responsible for appropriate notification of Underground
Service Alert (USA) and shall make every effort to
communicate and coordinate with City personnel regarding
observed irrigation needs, landscaping needs, graffiti issues,
etc.
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 cleaned 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
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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, '/2 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 outliry a of the tree
k. Cut laterals to preserve the natural form and functional value
of the tree, I'eaving the head open enough for the branching
system to show and permitting the dead material to be easily
cleaned out and light to show through the head. Tree foliage
shall be reduced by at least fifteen (15%) percent but no
more than thPirty (30%) percent
1. 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,pincluding 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.
2. Pruning for Street Signs, Street/ Traffic Lights and Utility Lines
During the course of this Contract, the Contractor may be required
to perform utility line, street sign and traffic light 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
should be a Certified Utility Specialist and the persons completing
the work should 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 that are
around primary electrical lines shall be trained to do so in
accordance the "Electrical Safety Orders" of the State of California
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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 are performed on a grid system
or on a street-by-street basis. Clearances for adjacent structures
and their connecting utility lines (service drops), shall be determined
by the City 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 nine
feet (9') over the curb line and the sidewalk side of the tree.
When pruning the bottom branches, care shall be given to obtain
a balanced appearance when viewed from across the street
immediately opposite the tree
b. Cut to laterals Oust outside the branch bark ridge and collar) 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
3. Pruning 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 listed
under the Project Special Provisions Section of this RFP in a
manner selected by the Contractor and approved by the City and in
accordance with the following:
Palm Skinning - Dead fronds, and parts thereof, including stubs,
shall 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
4. Tree Removals
The City prepares a list of trees to be removed, marks trees, notifies
homeowners and submits a list to Contractor. The Contractor shall
call Underground Service Alert (USA) and prepare internal work
order. Crew removes tree and hauls all debris. Crew grinds stumps
to a depth of at least eighteen (18") inches deep. All holes will be
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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 an aerial tower over seventy-five
(75') feet would fall under Crew Rental rates. The Public Services
Superintendent shall make the final determination to remove or
provide public noticing for removal at a later date. 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 Services Superintendent.
No wood shall be left along public right-of-way unless approved by
the Public Services Superintendent. 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 City is responsible for marking trees so that they are easily
identifiable by USA and the Contractor. The Contractor shall be
required to call USA at least 48 hours 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'/z') feet either side of the
outer circumference of the stump, or until surface roots are no
longer encountered.
Stumps should be cut low enough to the ground where routing can
be done safely. This may be accomplished by cutting the stump at
the time of grinding, or at the time of tree removal except for
infrastructure conflicts. Holes created by stump and root grinding
must be filled the same day. The resultant chips from routing may
be used to fill the hole to two (2") inches above normal ground level.
All excess routing chips debris will be removed and loaded into
transport vehicle for disposal. Any damaged paved surfaces shall
be restored to their original condition.
5. Tree Planting - 24-Inch Box
Planting includes the tree, stakes, ties, root barrier, complete
installation and watering for ninety (90) calendar days. Planting lists
should be compiled by the Contractor and submitted monthly or as
needed. Contractor will guarantee the quality of the tree stock and
the workmanship. ,
Page 15
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 City will be responsible for marking locations and the
Contractor shall notify 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 truck 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 backfilling the planting pit by watering the soil
as it is 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
(10') feet long, with a one and a half (1'/z') inch
diameter. Tree ties shall be placed at one-third ('/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 inches (24"-30") below grade.
h. Trunk protectors as Arbor-Guards or an approved equal shall
be placed at the base of the trunk of all new trees
immediately after planting.
In some cases, root barriers may be required. The City will
make this determination. Should a root barrier be required,
Page 16
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 at least 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.
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 Z60.1- 1996 Standards. Trees shall be free from
pests, disease and structural defects.
6. Crew Rental
The standard crew is three men, one chipper truck, one chipper,
one aerial tower 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, 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.
7. 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. 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 twenty-four (24) hour
emergency phone number and names of 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.
Contractor shall be required to provide all necessary traffic control
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.
Page 17
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.
8. Tree Watering
Watering shall be performed on newly planted trees that are three
(3) years old and younger
9. 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.
10. Arborist Services
On occasion, the City requires independent tree evaluations
including written reports. The Contractor 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.
C. 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
use certified Traffic Control Design Specialists and Traffic Control
Technicians in accordance with the American Traffic Safety Services
Association (ATSSA).
Contractor shall 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 boards as necessary. The City,
prior to use, must approve all traffic safety equipment for use.
Illuminated arrow boards, sign stands, delineators and/or adequate cones
shall be used to identify work site for vehicular and pedestrian safety. The
City may at its own discretion, specify certain times or days when closures
are not allowed.
Contractor shall maintain accessibility for all emergency services, including
access to fire hydrants. Contractor shall cooperate with trash collection
operations and other municipal services.
D. PUBLIC NOTICING 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
Page 18
the work being performed. Notifications shall be made in the form of door
hangers.
City approved "No Parking" signs shall be posted
scheduled for pruning twenty-four (24) hours prior
performed.
E. CLEAN UP
Contractor shall clean all job sites when work is com
raking of leaves, twigs, etc. from the lawns and
sweeping of streets.
Each day's scheduled work shall be completed and
Brush and debris generated by the Contractor shall
sidewalks swept, lawns and parkways raked out and gL
The City of Rosemead or his authorized
judge as to the adequacy of the clean up.
on individual trees
the work being
including the
ivs and the
up and under
removed daily,
cleaned.
shall be the sole
F. DISPOSAL OF DEBRIS
All tree branches produced as a result of the Contractor's operations under
this Contract will be reduced, reused, recycled, and/orltransformed. The
Contractor will generate a monthly Green waste Recycling report detailing
the amount of material generated and recycled within the City. This report
will be used for compliance with Assembly Bill 939.
1. Greenwaste Recycling Report:
Greenwaste that is transported to an off-site facility for grinding into
mulch shall be documented within the above-mentioned report.
2. Wood Chips:
a. Chips generated from pruning operations, within the City of
Rosemead may first be dumped at a City designated site
b. At the direction of the City of Rosemead, wood waste
generated from tree removals shall be chipped into pure
wood chips with an even, uniform size. Tiese chips shall be
dumped in specified locations in the City
3. Milling (additional service & cost):
Per City staff direction, 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.
G. PARKING
Page 19
The City of Rosemead will make every attempt to identify a suitable space
for parking of vehicles and equipment for the purpose of this Contract. The
Contractor will hold the City of Rosemead harmless and release the City of
liability as a result of theft or vandalism. Should a site not be available,
then the Contractor may park on City right-of-way near the project area(s).
H. INVOICE
Contractor shall be required to submit invoices on a monthly basis. 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 planted
tree, the specie, 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.
1. INSPECTIONS
The City or Rosemead 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.
Page 20
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CITY OF ROSEMEAD
TREE MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE
This Agreement is made and entered into this by
and between the City of Rosemead, a municipal organization organized under the laws
of the State of California with its principal place of business"at 8838 E. Valley Blvd.,
Rosemead, California 91770 ("City") and with
its principal place of business at ("Contractor").
City and Contractor are sometimes individually referred to ;herein as "Party" and
collectively as "Parties."
2. RECITALS
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of
certain services required by the City. on the terms and conditions set forth in this
Agreement. Contractor represents that it-is,experienced in providing Tree Maintenance
Services to public clients, is licensed in 'the'State of California and is familiar with the
Services required by the City.
3. TERMS
3.1 Scope of,Servic'es'and Term.
t
3.1.1 Gerieral-Scope of-Services. Contractor promises and agrees to
furnish to -the City 'all_labor, :materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply Tree Maintenance Services
("Services") to the City of Rosemead. The Services, or scope of work are more
particularly described in Exhibit, "A" attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local;.state and?'federal laws, rules and regulations.
3.1.2 Term. Unless earlier terminated in accordance with Section 3.5.1
of this Agreement, the Term of this Agreement shall be for a period of five (5) years,
with option for renewal for two (2) one-year periods, on an annual basis, based on the
Contractor performance. The Term shall commence after City Council approval, upon
receipt and approval of all required bonds and insurance and final execution of the
Agreement by both parties, hereby set on:
New additional Tree maintenance needs, as developed or assumed by the City, may be
added to the maintenance Agreement. Such additional scope of work will be considered
change orders to the initial Agreement, and the value will be based on unit prices provided
in Exhibit B, if applicable, and/or negotiated between the two parties of the Agreement.
In compliance with all terms and conditions of this Agreement, Contractor shall perform the
Tree Maintenance Services specifically described in, and in compliance with the
requirements of Exhibit A (Scope of Work). The City shall have the right to alter the
frequency of maintenance as necessary to ensure highest industry standards of
maintenance, as long as the total hours required performing the work remains the same.
Maintenance of areas can be substituted at the request of City as long as the total hours
required performing the work remains the same. Maintenance unit prices and costs are
contained in Exhibit B (Bid Unit Prices). Exhibit D includes a copy of the Contractor's
proposal and the Request For Proposal, and is hereby included as part of this Agreement.
All of the Exhibits are considered to be a part of, and incorporated'into, this Agreement by
reference.
As a material inducement to the City entering into this Agreement, Contractor represents,
and warrants that Contractor is a provider of first class,work and services and Contractor is
experienced in performing the work and services, contemplated herein, and, in light of such
status and experience, Contractor covenants that it shall follow the highest professional
standards in performing the work and services required hereunder and that alf materials will
be of good quality, fit for the purpose intended. For the purpose of this Agreement, the
phrase "highest professional standards" shall mean those standards of practice recognized
by one or more first-class firms performing similar work-under similar circumstances.
3.2 Responsibilities of Contractori. `
3.2.1 Control.-and Payment' of' Subordinates; Independent Contractor.
The Services shall be,performed by Contractor or under its supervision. Contractor will
determine the means;`•methods and details°of performing the Services subject to the
requirements of this Agreement.'- City retains `',Contractor on an independent contractor
basis and not _as an employee., Contractor retains the right to perform similar or
different services for others`during the term.of this Agreement. Any additional personnel
performing the Services,under,tnis Agreement on behalf of Contractor shall also not be
employees of City and-,shall at all times be under Contractor's exclusive direction and
control. Contractor shall ,%pay all, wages, salaries, and other amounts due such
personnel-in 'connection with their performance of Services under this Agreement and
as required bylaw. Contractor shall be responsible for all reports and obligations
respecting such additional,personnel, including, but not limited to: social security taxes,
income tax with Frolding,'tinemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement and with the optimum regularity to
ensure that the City trees remain healthy, aesthetically pleasing, and safe for both the
motoring and pedestrian public. Contractor represents that it has the professional and
technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Contractor's conformance with an established
maintenance schedule, City shall respond to Contractor's submittals in a timely manner.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated
performance to meet the schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Contractor
may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Contractor cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a.manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Services or a,threat to the safety of
persons or property, shall be promptly removed by the'Contractorat the request of the
City. A
3.2.5 City's Representative. The City hereby designates the Public
Services Superintendent, or his or her designee;, to act'as its representative for the
performance of this Agreement ("City's Representative"): City's Representative shall
have the power to act on behalf of the City for ail purposes under this Contract.
Contractor shall not accept direction-or orders from any, person other than the City's
Representative or his or her designee.
3.2.6 Contractor's Representative. Contractor'hereby designates
as its'designee, to act as its representative for
the performance of this Agreement ("Contractor's ;Representative"). Contractor's
Representative shall have full authority to represent and act on behalf of the Contractor
for all purposes underthjs Agreement. The Contractor's Representative shall supervise
and direct the Services, using,his/ her best skill and attention, and shall be responsible
for all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with
City 'staff in the performance of Services and shall be available to City's staff,
Contractors and other staff at all reasonable times.
3:2.8-, Standard of Care, Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Contractor represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Contractor
warrants that all employees and subcontractors shall have sufficient skill and
experience to perform the Services assigned to them. Finally, Contractor represents
that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including
a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions
of this Agreement, Contractor shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions
which are caused by the Contractor's failure to comply with the standard of care
provided for herein. Any employee of the Contractor or its sub-Contractors who is
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the services, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the
City, shall be promptly removed by the Contractor and shall not be re-employed to
perform any of the Services or to work as part of this Agreement.
3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules,and regulations in any
manner affecting the performance the Services, including all-Cal/OSHA requirements,
and shall give all notices required by law. Contractor shall`6e: liable for all violations of
such laws and regulations in connection with Services. ,If the Contractor performs any
work knowing it to be contrary to such laws, rules and regulations and without giving
written notice to the City, Contractor shall be solely. responsible, for, all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors,
officers, employees and agents free and harmless, pursuant to the,.indemnification
provisions of this Agreement, from any claim or..liability`arising out of any failure or
alleged failure to comply with such laws, rules or regulations"=,
3.2.10 Insurance. '
3.2.10.1 Time:for Compliance. Contractor shall maintain prior
to the beginning of and for the duration of'this'Agreemerit insurance coverage as
specified in Exhibit C attached to and partof this agreement'.
3:2.11 Safety. Contractor shall execute and maintain its work so as
to avoid injury or,damage to any person or property. In carrying out its Services, the
Contractor shall at all times be in..compliancewith all applicable local, state and federal
laws, rules and regulations; and shall-exercise all necessary precautions for the safety
of employees. appropriate to the nature of the work and the conditions under which the
work is to be performed>,Safety precautions as applicable shall include, but shall not be
limited to:, (A) adequate life protection and life saving equipment and procedures; (B)
instructions. in accident prevention for all employees and subcontractors, such as safe
walkways, scaffolds, fall.protection ladders, bridges, gang planks, confined space
procedures, trenching and, shoring, equipment and other safety devices, equipment and
wearing apparel as are necessary or lawfully required to prevent accidents or injuries;
and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement. The total
compensation shall not exceed per year
without advance written approval of the City. Extra Work may be authorized, as
described below, and if authorized, will be compensated at the rates and manner set
forth in this Agreement (Exhibit B), or based a on mutual agreement in case that the
extra work is not included in Exhibit B.
3.3.2 Payment of Compensation. Contractor shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Contractor. The statement shall describe the amount of services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City shall,
within 45 days of receiving such statement, review the statement and pay all approved
charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed
for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Contractor perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
work, but which the parties did not reasonably anticipate to be necessary at the
execution of this Agreement. Contractor shall not perform, nor be compensated for,
Extra Work without written authorization from City's Representative.
3.3.5 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., and California Code of
Regulations, Title 8, Section 1600, et seq., ('Prevailing Wage Laws"), which require the c
payment of prevailing wage rates and the performance of other requirements on "public
works" and "maintenance". If the Services are being performed as part of an applicable
"public works" or "maintenance", as defined by the Prevailing Wage Laws, and if the
total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Contractor shall
make copies of the prevailing rates of per diem wages for each craft, classification or
type of worker needed to execute the Services available to interested parties upon
request. Contractor shall defend, indemnify and hold the City, its elected officials,
officers, employees and agents free and harmless from any claim or liability arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Contractor shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three (3) years from
the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Contractor, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Contractor of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Contractor shall be compensated only for those services
which have been adequately rendered to City, and Contractor shall be entitled to no
further compensation. Contractor may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Contractor to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Contractor in
connection with the performance of Services under this Agreement',-Contractor shall be
required to provide such document and other information within fifteen (15) days of the
request. tr
3.5.1.3 Additional Services.'-.. InAhe event'this Agreement is
terminated in whole or in part as provided herein; Citymay procure, upon such terms
and in such manner as it may be appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices. permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
'City,of Rosemead
883,8'E. Valley'Boulevard
Rosemead, CA '91770
Attn: `Public Services Manaoer
l•f*
r
Such notice shall- be deemed made when personally delivered or when mailed,
forty-eight (48) hoursafter deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Contractor under
this Agreement ("Documents & Data'). Contractor shall require all subcontractors to
agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Contractor
represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Contractor
or provided to Contractor by the City. City shall not be limited in any way in its use of
the Documents and Data at any time, provided that any such use not within the
purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Contractor in connection with the performance of this Agreement shall be held
confidential by Contractor. Such materials shall not, without the prior written consent of
City, be used by Contractor for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services. Nothing furnished to Contractor which is
otherwise known to Contractor or is generally known, or has become known, to the
related industry shall be deemed confidential. Contractor shall not use City's name or
insignia, or any publicity pertaining to the Services in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior
written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
action.
3.5.6 Indemnification. Contractor shall defend, indemnify and hold the
City, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury, in law or equity, to property or persons, including wrongful death, in any manner
arising out of or incident to any alleged acts, omissions or willful misconduct of
Contractor, its officials, officers, employees, agents, Contractors and contractors arising
out of or in connection with the performance of the Services or this Agreement,
including without limitation the payment of all consequential damages and attorneys
fees and other related costs and expenses. Contractor shall defend, at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal
proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, agents or volunteers, in any such suit, action or other legal
proceeding. Contractor shall reimburse City and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred
by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its directors, officials officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and, supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties. \
3.5.8 Governing Law. This Agreement shall,be'governed by the laws of
the State of California. Venue shall be in Los Angeles County.` .
3.5.9 Time of Essence. Time isrof the essence for each and every
provision of this Agreement.
3.5.10 City's Right to Employ Other, Contractors. City reserves right to
employ other Contractors in connection with Tree aintenance Services.
3.5.11 Successors and `Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate,
or transfer, either directly or by operation `of`law, this Agreement or any interest herein
without the prior written consent of the City',Any attempt to do so shall be null and void,
and any assignees; hypothecates or transfe[ees shall acquire no right or interest by
reason of such attempted assignment, hypoth6cAon or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their
agents have participated fully in'the preparation of this Agreement, the language of this
Agreement shall be construed simply;'according to its fair meaning, and not strictly for
or against any Party. Any'term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Contractor include all
personnel, employees, agents, and subcontractors of Contractor, except as otherwise
specified in this Agreement: All references to City include its elected officials, officers,
employees, agents, 'and'. volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and, do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Contractor maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Contractor, to solicit or secure this Agreement. Further, Contractor
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Contractor, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. Contractor further agrees to file, or shall cause its
employees or sub-contractors to file, a Statement of Economic Interest with the City's
Filing Officer as required under state law in the performance of the Services. For
breach or violation of this warranty, City shall have the right to rescind this Agreement
without liability. For the term of this Agreement, no member, officer or employee of City,
during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination. Contractor shall also
comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Contractor certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Contractor has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
LIST OF EXHIBITS
Exhibit A
Scope of Work
Exhibit B
Bid Unit Prices
Exhibit C
Insurance Requirements
Exhibit D
Copies of Contractor's Proposal and Request For Proposal (RFP)
CITY OF ROSEMEAD
A Municipal Corporation
Approved by:
Jeff Allred
CITY MANAGER
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
Reviewed and Accepted by Contractor:
Signature''
i
By
Name of Officer of Company
CITY ATTORNEY
EXHIBIT A
SCOPE OF WORK
The Contractor will be required to perform and complete the proposed tree
maintenance work in a thorough and professional manner, and to provide labor,
tools, equipment, materials and supplies necessary to complete all the work in a
timely manner that will meet the City's requirements. Contractor will be required
to perform the following tree maintenance activities at varibus sites throughout
the City: j
1. Tree inventory for City streets and parks
2. Master street tree plan
3. Citywide tree pruning and maintenance (including'` parkway and
median trees, park trees, and,City facilities trees)
4. Tree removal
5. Tree planting
6. Crew rental (as needed)
7. Emergency, response (as needed)
8. Clearance,;pruning
. watering r.
9 „ T
10. Small tree came
11. Palm trunk skinning
12., Root,prbning
13. Specialty equipment rental (as needed)
14. Arborist services/inspection
15. Data entry
16. Webpage development
17. Online maintenance access (i.e. Internet-based access to an Urban
Forestry Management tool that include 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
Contractor shall develop and propose to the City a recommended annual
pruning program. Depending on the City's current and future pruning
needs the recommended pruning schedule may require multiple crews to
perform concurrently within the same time constraints
II. Tree Inventory
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, 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 shall provide the City with recommendations for tree
maintenance, recommended planting locations, and recommended
removals. Attributes to be collected by field personnel may include
Address, Street, Facility, Species, Diameter, Crown, Height,
recommended maintenance, overhead utilities and parkway size and type.
The Contractor shall provide to 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, 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.
A. GPS Tree Inventory
Provide the City with Global Positioning System (GPS) coordinates
for all trees in public spaces and parks. This includes but is not
limited to all publicly owned trees on street rights-of-way, parks 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.
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. The City shall receive a complete
listing of all sites inventoried, both in hard copy and on software,
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. Contractor shall be
required to create an ESRI ArcView/ ArcGIS compatible "shape
file". The new inventory shall be capable of showing the location of
every existing tree site and vacancies on the City's existing GIS
base maps (streets, parcels, addresses, ROW and hardscape, etc.)
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 ArcView. Minimum accuracy
shall be within one (1) meter.
B. Training of City Staff
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. Contractor
shall provide training to designated City staff during the hours of
7:00 A.M. to 5:00 P.M. Monday through Thursday. The Contractor
shall be readily available by telephone, e-mail or may respond to
the City's inquiries in a timely manner.
III. Tree Trim Service Request
Contractor may need to provide service for trees prior to their regular and
scheduled trim cycle in order to correct an immediate problem/ concern.
Such request (s) shall be addressed and work completed within two (2)
weeks
IV. Prohibition Against Transfer or Assignment
Contractor may not assign any right or obligation of this Agreement or any
interest in the Contract without the prior written consent of City. Any
attempted or purported assignment without consent of City shall be null and
void. Contractor acknowledges that these provisions relative to assignment
are commercially reasonable and that Contractor does possess special skills,
abilities, and personnel uniquely suited to the performance of Contract
services and any assignment of this Agreement to a third party, in whole or in
part, could jeopardize the satisfactory performance of contract services.
Contractor may not employ any subcontractors unless specifically authorized
by City.
V. Project Special Provisions
This project may include of special tree pruning, traffic clearance pruning,
and palm pruning as specified in this Contract.
A. Work Quality
All tree pruning shall comply with good arboreal practice for the
particular species of trees being trimmed and shall be consistent
with the Pruning Standards and Best Management Practices as
adopted by the International Society of Arboriculture. The
Contractor shall also meet the requirements of the American
National Standards, Z133-1-2006, entitled "Safety Requirements for
Arboricultural Operation," published by the American National
Standard Institute.
The City of Rosemead 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.
B. STANDARDS
Prior to beginning the work, the Contractor shall review with the
Public Services Superintendent various methods, tools, and work
scheduling to be used on the project. Unless otherwise indicated,
tree pruning shall include but not be limited to accepted pruning
activities.
Daily tree pruning operations shall commence no earlier than 7:00
A.M. and shall be completed each day no later than 5:00 P.M.
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 ('/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'/z")
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 City staff. All debris resulting from tree pruning
operations shall be removed from the work site on a daily basis.
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 danger of transmitting the disease on
tools. Fresh solution shall be mixed daily.
1. Annual Tree Pruning
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) and the ANSI
A300 Standards. Special projects that are difficult to access,
require the need for specialty equipment (i.e., 95-foot tower),
service request pruning, or pruning to reduce and/or pruning to
restore would fall under Crew Rental.
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. The Contractor personnel shall
wear identifiable uniforms to identify them as employees of
Contractor. The 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. The work shall then commence in accordance with
instructions from the utility company. The Contractor shall
be responsible for appropriate notification of Underground
Service Alert (USA) and shall make every effort to
communicate and coordinate with City personnel regarding
observed irrigation needs, landscaping needs, graffiti issues,
etc.
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 cleaned after each cut with
alcohol or bleach
Topping shall not be done unless specifically requested by
the City
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, '/Y 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 and functional value
of the tree, leaving the head open enough for the branching
system to show and permitting the dead material to be easily
cleaned out and light to show through the head. Tree foliage
shall be reduced by at least fifteen (15%) percent but no
more than thirty (30%) percent
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.
2. Pruning for Street Signs, Traffic Lights and Utility Lines
During the course of this Contract, the Contractor may be required
to perform utility line, street sign and traffic light 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 should be a Certified Utility Specialist and the persons
completing the work should 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 that
are around primary electrical lines shall be trained to do so in
accordance the "Electrical Safety Orders" of the State of California
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 are performed on a grid
system or on a street-by-street basis. Clearances for adjacent
structures and their connecting utility lines (service drops), shall be
determined by the City 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 nine
feet (9') over the curb line and the sidewalk side of the tree.
When pruning the bottom branches, care shall be given to
obtain a balanced appearance when viewed from across the
street immediately opposite the tree
b. Cut to laterals (just outside the branch bark ridge and collar) 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
3. Pruning 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 listed
under the Project Special Provisions (Section 12 of this RFP) in a
manner selected by the Contractor and approved by the City and in
accordance with the following:
Palm Skinning - Dead fronds, and parts thereof, including stubs,
shall 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
4. Tree Removals
The City prepares a list of trees to be removed, marks trees,
notifies homeowners and submits a list to Contractor. The
Contractor shall call Underground Service Alert (USA) and prepare
internal work order. Crew removes tree and hauls all debris. Crew
grinds stumps to a depth of at least eighteen (18") inches deep. 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 an aerial tower over seventy-five
(75') feet would fall under Crew Rental rates. The Public Services
Superintendent shall make the final determination to remove or
provide public noticing for removal at a later date. 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 Services Superintendent.
No wood shall be left along public right-of-way unless approved by
the Public Services Superintendent. 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 City is responsible for marking trees so that they are easily
identifiable by USA and the Contractor. The Contractor shall be
required to call USA at least 48 hours 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'/2') feet either side of the
outer circumference of the stump, or until surface roots are no
longer encountered.
Stumps should be cut low enough to the ground where routing can
be done safely. This may be accomplished by cutting the stump at
the time of grinding, or at the time of tree removal except for
infrastructure conflicts. Holes created by stump and root grinding
must be filled the same day. The resultant chips from routing may
be used to fill the hole to two (2") inches above normal ground
level. All excess routing chips debris will be removed and loaded
into transport vehicle for disposal. Any damaged paved surfaces
shall be restored to their original condition.
5. Tree Planting - 24-Inch Box
Planting includes the tree, stakes, ties, root barrier, complete
installation and watering for ninety (90) calendar days. Planting
lists should be compiled by the Contractor 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 City will be responsible for marking locations and the
Contractor shall notify 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 truck 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 backfilling the planting pit by watering the soil
as it is 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
(10') feet long, with a one and a half (11/2") inch
diameter. Tree ties shall be placed at one-third ('/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 inches (24"-30") below
grade.
h. Trunk protectors as Arbor-Guards or an approved equal
shall be placed at the base of the trunk of all new trees
immediately after planting.
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 at least 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.
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 Z60.1- 1996 Standards. Trees shall be free from
pests, disease and structural defects.
6. Crew Rental
The standard crew is three men, one chipper truck, one chipper,
one aerial tower 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, 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.
7. 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. 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 twenty-four (24) hour
emergency phone number and names of contact individuals upon
award of Contract. Should the contact persons or their phone
r
numbers change during the course of the Contract, those changes
shall be submitted to the City within two (2) working days.
Contractor shall be required to provide all necessary traffic control
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.
8. Tree Watering
Watering shall be performed on newly planted trees that are three
(3) years old and younger
9. 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.
10. Arborist Services
On occasion, the City requires independent tree evaluations
including written reports. The Contractor 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.
C. 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 use certified Traffic Control Design Specialists and
Traffic Control Technicians in accordance with the American Traffic
Safety Services Association (ATSSA).
Contractor shall 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 boards as
necessary. The City, prior to use, must approve all traffic safety
equipment for use.
Illuminated arrow boards, sign stands, delineators and/or adequate
cones shall be used to identify work site for vehicular and
pedestrian safety. The City may at its own discretion, specify
certain times or days when closures are not allowed.
Contractor shall maintain accessibility for all emergency services,
including access to fire hydrants. Contractor shall cooperate with
trash collection operations and other municipal services.
D. Public Noticing 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.
E. 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.
Brush and debris generated by the Contractor shall be removed
daily, sidewalks swept, lawns and parkways raked out and gutters
cleaned.
The City of Rosemead or his authorized representative, shall be the
sole judge as to the adequacy of the clean up.
F. 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 Contractor will generate a monthly Green
waste Recycling report detailing the amount of material generated
and recycled within the City. This report will be used for
compliance with Assembly Bill 939.
1. Green Waste Recycling Report
Green Waste that is transported to an off-site facility for
grinding into mulch shall be documented within the above-
mentioned report.
2. Wood Chips
a. Chips generated from pruning operations within the
City of Rosemead may first be dumped at a City
designated site
b. At the direction of the City of Rosemead, wood waste
generated from tree removals shall be chipped into
pure wood chips with an even, uniform size. These
chips shall be dumped in specified locations in the
City .
3. Milling (additional service & cost):
Per City staff direction, 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.
G. Parking
The City of Rosemead will make every attempt to identify a suitable space
for parking of vehicles and equipment for the purpose of this Contract. The
Contractor will hold the City of Rosemead harmless and release the City
of liability as a result of theft or vandalism. Should a site not be available,
then the Contractor may park on City right-of-way near the project area(s).
H. Invoice
Contractor shall be required to submit invoices on a monthly basis.
Invoice format shall include but not be limited to a list of each street or
park that tree maintenance operations took place, the address of each
individual planted tree, the specie, 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.
1. Inspections
The City or Rosemead 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.
EXHIBIT B
BID UNIT PRICES
1
The Contractor agrees that for requested and/or required changes in the scope of
work, including additions and deletions on work not performed, the Contract sum
shall be adjusted in accordance with the following unit prices.
Contractor is advised that the submitted unit prices will' be used as one of the
determining factors in the Contract award. Unreasonable prices may result in
rejection of the entire bid proposal. Unit prices listed below refer to all services
provided, including but not limited to, materials, labor, overhead, and profit for the
contractor.
The unit price quoted by the contractor shall be those unit prices that will be charged
or credited for labor and materials to be provided regardless of the total number
units and/or amount of labor required for added,ordeleted" items of work.
All work shall be performed in accordance with specifications or otherwise herein
specified. Workmanship shall be in accord with the best standard practices.
>w
IN
2.
3.
4.
,1NCTION COST/UNIT
1. Regular Tree Plan ttng.,(In1cluding Tree, Material and Planting) $ Tree
2. RegularTree.Removal`(iricluding Stump Grinding and Clean Up) $__j Tree
ar Tree Trimming % $ Tree
4. Regular Tree Maintenance Crew $ Hour
EXHIBIT C
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. Ifthat existing coverage
does not meet the requirements set forth here, Contractoor~agrees to amend,
supplement or endorse the existing coverage to do so. Contractor acknowledges that
the insurance coverage and policy limits set forth in this section"constitute the minimum
amount of coverage required. Any insurance proceeds evailable,t `City in excess of the
limits and coverage required in this agreement and whvh6is applicable to a given loss,
will be available to City.
Contractor shall provide the following types
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG W01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be,no,cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review~but~in no event less than
$1,000,000 per occurrence.
Business Auto Coverage-o\ ISO Business/Auto Coverage form CA 00 01 including
symbol 1 (Any Auto)`or the exact equivalent Limits are subject to review, but in no
event to be lessothat $1,000,000 per accident7lf Contractor owns no vehicles, this
requirement may be satisfied by-a,non-owned) auto endorsement to the general liability
policy described-above. If.Cont-acto ,or Contractor's employees will use personal autos
in any way as-part of,~his~Agreement, Contractor shall provide evidence of personal
auto liability coverage,for\each`such person.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease. J/
Professional Liabilit F Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Contractor and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Bests rating of A- or better
and a minimum financial size Vll.
General conditions pertaining to provision of insurance coverage by Contractor.
Contractor and City agree to the following with respect to insurance provided by
Contractor:
1. Contractor agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insured City, its officials,
employees and agents, using standard ISO endorsementNNo. CG 2010 with an
edition prior to 1992. Contractor also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contractor, or Contractor's employees or agents, from waiving the right
of subrogation prior to a loss. Contractor agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to,do likewise. \f/~
3. All insurance coverage and limits prowde( b/ Contractor and available' or
applicable to this agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other, agreement relating to
the City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over' claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Contractor's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled
at any time and no replacement coverage is provided, City has the right, but not
the duty, to obtain any insurance it deems necessary to protect its interests under
this or any other agreement and to pay the premium. Any premium so paid by
City shall be charged to and promptly paid by Contractor or deducted from sums
due Contractor, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the
insurer to mail written notice of cancellation imposes no obligation, or that any
party will "endeavor" (as opposed to being required) to comply with the
requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, is intended to apply
first and on a primary, noncontributing basis in relation to any other insurance or
self insurance available to City.
10. Contractor agrees to ensure that sub-contractors, and any other party involved
with these services that are brought onto ornvolved in these services by
Contractor, provide the same minimum insurance coverage required of
Contractor. Contractor agrees to monitor and review all such coverage and
assumes all responsibility for ensuring that such coverage is provided in
conformity with the requirements of this sectioniContractor agrees that upon
request, all agreements with subcontractors and others engaged in these
services will be submitted to City.for\ w.
11. Contractor agrees not to self insure, or-to \ se any) self-insured retentions or
deductibles on any portion of the insurance requiredxherein and further agrees
that it will not allow any contractor;, subcontractors Architect, Engineer or other
entity or person.in=any way involve&n the performance of work contemplated by
this agreement/to self-insure its obligations to City. If Contractor's existing
coverage includes a deductible or selfZNinsured retention, the deductible or self-
insured retention must be-declared to the City. At that time the City shall review
options-with the Contractor;-which-may include reduction or elimination of the
deductible. or self-insured retention; substitution of other coverage, or other
solutions. ng f i. he City reserves the ht<at any time during the term of the contract to change
the amounts and types of insurance required by giving the Contractor ninety (90)
days advance writtenlnotice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportionahto the'increased benefit to City.
13. For purposes- of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14.Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this agreement. This obligation applies whether or not the agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16.Contractor shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A/coverage binder or letter
from Contractor's insurance agent to this effect is/acceptable. A certificate of
insurance and/or additional insured endorsement\ as\ required in these
specifications applicable to the renewing or new coverage must be provided to
City within five days of the expiration of th~.verages. \tlll 17.The provisions of any workers' compensation orssimilar not?limit the
obligations of Contractor under this agreement. Contractor expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its 11 \
employees, officials and agents.
18. Requirements of specific coverag
not intended as limitations on cc
waiver of any coverage normally I
to a given coverage feature is for
given issue, and;is_noNntended
inclusive.
or limits contained in this section are
nits or other requirements nor as a
1 any given policy. Specific reference
of,clanfication only as it pertains to a
artyLor insured to be limiting or all-
19. These i
other -p
Jed to be separate and distinct from any
are intended by the parties here to be
The requirements in this Section supersede all other sections and provisions of
this Agreement to\the extent/that any other section or provision conflicts with or
impairs,the provisions; of this Section.
21.Contractor6grees to be responsible for ensuring that no contract used by any
party involved in any way with this Agreement reserves the right to charge City or
Contractor for/the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
EXHIBIT D
Included as part of this contactor is the Request For Proposal (RFP) and the Contractor
Proposal (hereby attached).