RFP No. 2019-09 - Tree Maintenance ServicesCITY LETTERHEAD
Date
June 4, 2019
To: Qualified and Interested Consultants
SUBJECT: REQUEST FOR PROPOSALS (RFP NO. 2019-09)
FOR COMMUNITY TREE MAINTENANCE SERVICES
Dear Contractor,
The City of Rosemead is soliciting Proposals from qualified firms for care and maintenance of our
Community Street and Park Trees and to provide additional services as requested using related
equipment by duly trained and qualified personnel.
Requirements for this RFP are enclosed.
In order to be considered in the selection process, interested parties shall submit four (4) copies
of their Proposals no later than 10:00 AM on June 18, 2019 to:
Robert Chavez
Public Works Manager
City Clerk’s Office
City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 91770
If you have any questions, please contact:
Name: Robert Chavez
Title: Public Works Manager
Email: rchavez@cityofrosemead.org
Late proposals will not be accepted.
Sincerely,
_Robert Chavez________
Robert Chavez
Public Works Manager
City of Rosemead
MAYOR:
MARGARET CLARK
MAYOR PRO TEM:
SANDRA ARMENTA
COUNCIL MEMBERS:
SEAN DANG
POLLY LOW
STEVEN LY
SEANDANG
POLLY LOW
STEVEN LY
City of Rosemead
8838 E. VALLEY BOULEVARD P.O BOX 399
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
FAX (626) 307-9218
REQUEST FOR PROPOSAL & SPECIFICATIONS
I. GENERAL INFORMATION
The City of Rosemead, CA is soliciting Requests for Proposals from qualified firms to provide
services for maintenance, GPS tree inventory, removal and replacement of trees, as needed, within
the City’s Community Forest. The City has approximately 7,000 street and park trees that
comprise its Community Forest.
The purpose of this maintenance contract is to provide the City with the best possible tree care to
maintain the City's Community Forest at a level expected by the City’s residents, City Council,
City staff, and visitors of the community. The selected firm will work closely with the City staff
to insure the most appropriate care and maintenance of the City’s Community Forest with
sensitivity to the City, its residents and visitors.
It is the intent of the City to award a contract, in a form approved by the City Attorney, to the
selected firm. 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. This
contract may not be awarded to the lowest bidder. The City Council will approve as part of the
annual budget an annual contract amount. 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
Community Forest. There will be no subcontracting allowed.
The Contractor, at the City’s direction, shall perform tree, and other woody plant maintenance,
removal & occasional replacement services in accordance with the statement of work described
herein and all applicable American National Standards Institute (ANSI) and International Society
of Arboriculture (ISA) standards at various sites. The work performed on this contract as directed
by City staff (including watering, pruning, removal, plant health care and replacement of trees and
plants, GPS tree inventory collection and software usage and arborist consulting services) is
routine, recurring and usual. The rates included in the Cost Proposal are based on prevailing wage
determination “Tree Maintenance Laborer”. Additionally, all vendors will be required to be pre-
registered with the Department of Industrial Relations (DIR). All work will require a submission
of certified payroll records to the DIR.
Performance Bond and Payment (Labor and Materials) Bond Requirements. Within the time
specified in the Contract Documents, the Contractor to whom a Contract is awarded shall deliver
to the City four identical counterparts of the Performance Bond and Payment (Labor and
Materials) Bond in the form supplied by the City and included in the Contract Documents. Failure
to do so may, in the sole discretion of City, result in the forfeiture of the Contract Award. The
surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil
Procedure Section 995.120, authorized to do business as such in the State of California and
satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall
be for one hundred percent (100%) of the amount of the Total Compensation indicated in the
Maintenance/General Services Agreement.
The City, at its option and with Contractor concurrence, may renew this contract for additional
five-year periods, in one-year increments, on 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, assuming all of the
annual renewal options were awarded.
City is solely and actively responsible for the selection of trees to be maintained and the
designation of the type and timing of the work to be performed. Contractor agrees to indemnify,
hold harmless and defend, City its officials, officers, employees, and agents from any and all
liability or financial loss, including but not limited to, legal expenses, resulting from any suits,
claims, losses or actions brought by any person or persons, by reason of injury and arising solely
from any wrongful or negligent acts or omissions of Contractor, including its officers, agents,
employees, subcontractors, or any person employed by Contractor in the performance of this
agreement.
INSURANCE
Required Insurance Policies. Without limiting Contractor's indemnification of the City
and prior to commencement of work, the Contractor shall obtain, provide, and maintain, at
its sole cost and expense, in a form and content satisfactory to City, during the entire
term of this Agreement including any extension thereof, the following policies of
insurance:
a. Comprehensive General Liability Insurance. Contractor shall maintain commercial
general liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $20,000,000 per occurrence, $25,000,000
general aggregate, for bodily injury, personal injury, and property damage, including
without limitation, blanket contractual liability.
b. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000). Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents, employees
and volunteers. Should the Contractor be a sole proprietor, the Contractor will have to
complete and submit a declaration of sole proprietor form to the City in lieu of proof of
Workers' Compensation as it is not required for sole proprietors.
c. Professional Liability. (errors and omissions) insurance. Contractor shall maintain
professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity
date, or retroactive date must be before the effective date of this agreement and Contractor
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
d. Automotive Liability Insurance. Contractor shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non-owned or rented vehicles, in an amount not less than $5,000,000 combined single
limit for each accident.
Insurance Deductibles and Self-insured Retentions. Any deductibles or self-insured
retention's must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention's as respects
the City, its officers, officials, employees, agents and volunteers, or the Contractor shall
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claims administration and defense expense.
Other Insurance Provisions. For any claims related to this project or service, the
Contractor's insurance coverage shall be primary insurance as respects to the City, its
officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be
excess to the Contractor's insurance and shall not contribute with it. The general liability
and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
a. The City, its officers, officials, employees, agents and volunteers are to be covered
as insureds with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the Contractor; and with respect to liability
arising out of work or operations performed by or on behalf of the Contractor
including materials, parts or equipment furnished in connections with such work
or operations. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to indemnify
the additional insured would
be invalid under Civil Code o 27882(b). General liability coverage can be
provided in the form of an endorsement to the Contractor's insurance, or
as a separate owner's policy.
b. Contractor shall give City prompt and timely notice of claims made or suits
instituted that arise out of or result from Contractor's performance under this
Agreement, and that involve or may involve coverage under any of the required
liability policies.
c. Each insurance policy required by this clause shall be endorsed to state that the
City shall receive not less than thirty (30) days' prior written notice
of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of any policies of insurance required hereunder.
d. Requirements of specific coverage features, or limits contained in this Agreement
are not intended as a limitation on coverage, limits or other requirements, or a
waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive, or to
the exclusion of other coverage, or a waiver of any type.
e. Contractor acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Contractor of noncompliance with any requirement imposes
no additional obligations on the City nor does it waive any rights hereunder.
f. All insurance coverage maintained or procured pursuant to this Agreement shall
be endorsed to waive subrogation against the City, its elected or appointed
officials, agents, officials, employees, and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against the City and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
e. Additionally Insured Status. General liability policies shall provide or be endorsed to
provide that Agency and its officers, officials, employees, and agents shall be additional
insured under such policies. The provision shall also apply to any excess liability
policies.
f. Duration of Coverage. Contractor shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work under this
Agreement by Contractor, its agents, representatives, employees, subcontractors or
subconsultants.
g. City's Rights of Enforcement of Contract Provisions. In the event any policy of insurance
required under this Agreement does not comply with these requirements or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it
deems necessary and any premium paid by City will be promptly reimbursed by
Contractor or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Agreement.
h. City's Right to Revise Requirements. City reserves the right at any time during the term
of the contract to change the amounts and types of insurance required by giving the
Contractor a ninety (90) day advance written notice of such change.
If such changes results in substantial additional cost to the Contractor, the City and
Contractor may renegotiate Contractor's Compensation.
Insurance Rating. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, with an assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating
Guide, unless otherwise approved by the City's Risk Manager.
Original Certificates and Amendatory Endorsements. Contractor shall furnish the City with
original certificates and amendatory endorsements effecting coverage required by the City. The
endorsements should be on forms provided by the City or on other than the City's forms,
provided those endorsements or policies conform to the requirements. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications at any time.
Additional Insurance. Further, Contractor shall obtain any additional kinds and amounts of
insurance which, in its own judgment, may be necessary for the proper protection of any of its
officers', employees', or authorized subcontractors' own actions during the performance of this
Agreement.
TREE MAINTENANCE SERVICES COMPANY SELECTION PROCESS/CRITERIA
The City will evaluate, and rank proposals based on selection criteria. Any proposal may be
rejected if it is conditional, incomplete or contains irregularities. Minor or immaterial
irregularities in a proposal may be waived. Waiver of an irregularity shall in no way modify the
Request for Proposals nor affect recommendation for award of the Contract. Information
contained in the proposal should provide information for the City to evaluate the company on the
following criteria, listed in relative order of importance, including:
• Ability of the Contractor to provide innovative approaches and techniques in the delivery
of services and partnering with the City to reach high quality outcomes.
• Demonstration of exceptional ability to provide a high level of quality service standards
under similar conditions to institutions, private or public of similar size and area
requirements.
• Quality and performance assessments of work quality and working relationships with
current and recent clients that indicate high levels of satisfaction and effectiveness.
• Ability to mobilize and abate as directed by City staff in a timely fashion.
• Proven competencies in the effective and efficient use of natural resources,
implementation of best management practices.
• Policies that provide highly trained, competent staff at every level of the organization.
• Demonstration of a high level of stability and long-term high-quality performance of the
Contractor.
• Contractor must provide a copy of the most recent experience modification worksheet issued
to them by the California Workers’ Compensation Bureau (WCIRB). Safety ratings over 125
will not be accepted.
• Well organized communication systems and electronic reporting capabilities that
demonstrate an ability to complete tasks efficiently and effectively and do not require
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constant supervision by the City. Demonstrate the ability to electronically track
inventory, pruning, asset inventory, and removals and replacements.
II. SELECTION PROCESS
The process will adhere to the current City Administrative Regulation for the award of contracts.
Each bid will be evaluated based on firm qualifications and the required submittals. Firm
selection will be made by utilizing the criteria described in this document. Each firm will be
evaluated on their qualification submissions. All applicants will be notified as to the results of
this evaluation. The evaluation criteria used in the selection process includes, but is not limited
to, the following:
A. REFERENCE EVALUATION 15 Points
1. Current contract work experience
2. References from neighboring Cities
3. Letters of reference
B. CORPORATE CAPABILITY 15 Points
1. Qualifications and experience of staff
2. The ability of the firm to provide the proper insurance coverage
3. Financial ability of the firm to provide services to the City
4. Licensing required to perform various tree maintenance services
C. SERVICES OFFERED TO THE CITY 15 Points
1. Proposed program
2. Detailed list of services
3. Ability to supply services
D. FACILITY AND EQUIPMENT EVALUATION 5 Points
1. Equipment maintenance facility
2. List of equipment
3. Aerial device certification
E. INFORMATION MANAGEMENT 10 Points
1. Tree inventory references
2. Method for completing and updating the tree inventory
3. Inventory software provided to the City
4. Technical support for software and data management
F. COMMUNITY PARTNERSHIP 5 Points
1. Letters of reference
2. Organizational memberships
G. QUALITY CONTROL PLAN 5 Points
3. Ability to recommend and meet project expectations
4. Types of pruning
5. Safety record: Experience MOD worksheet
H. EMPLOYEE TRAINING 5 Points
1. Safety training
2. Customer service and arboricultural training
3. Required ISA and DPR credentials on staff
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I. SCHEDULE OF COMPENSATION 15 Points
1. Variety of work types and services offered
2. Evaluation of the firm’s fee schedule
J. QUALITY AND COMPLETENESS OF PROPOSAL 10 Points
1. Relevance and Conciseness of Bid Proposal and Statement of Qualifications
III. REQUIRED QUALIFICATIONS
Award will be made to the firm who best meets the City’s requirements and who offers the most
advantageous combination of low price and highest qualifications for the all criteria described in
this document. All firms submitting bid proposals must hold a valid State California C-27 and a
C-61/D49 Contractor’s License. Both licenses must be in good standing for the previous seven
(7) consecutive years without any official unresolved record of complaints registered or filed
with the Board or California Department of Consumer Affairs. Additionally, this contract
requires a valid California State Pest Control License.
Contractor shall have OSHA certification of aerial equipment to be used throughout the term of
this project. Both 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 a manager who shall be an ISA Certified Arborist and fluent in the English language. At
all times during contracted tree maintenance activities, the firm 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 should have at least eight (8) similar and separate California municipal multi-year
tree maintenance contracts which have been successfully completed within the last seven (7)
years. Each project shall be of comparable size and scope of this project (descriptions of these
projects and contact persons must be provided with bid submission). These projects must also
include work in tree inventory(ies). The proposal shall include a detailed description of their
proposed inventory program along with sample reports.
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), ISA Certified Arborist on staff, ISA Certified Tree workers on staff, ISA Tree Risk
Assessment Qualified Arborist on staff. ISA Board Certified Master Arborist on staff, DPR
Licensed Pest Control Advisor and DPR Licensed Pest Control Applicators on staff, ATSSA
Certified Traffic Control Technician and Designer on staff. Wildlife Awareness trained
personnel on staff.
Page 9
Contractor should 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.
CONTRACTOR’S ORGANIZATION STATEMENT AND PERFORMANCE HISTORY
The term “Owner” shall refer to any private firm or public agency to which the Contractor has
submitted a bid to, or contracted with, for any construction contract.
Submitted By:
Name must correspond with the Contractor’s License
______Corporation ______Partnership ______Individual ______Joint Venture
If a corporation, under the laws of what State is it organized?
California Regional Office (s):
Use the form titled “Additional Information and/or Comments” for providing requested or
additional information for each of the following questions to which you answer “yes” or for any
comments.
A. How many years’ experience in construction work under current organization?
(a) As a General Contractor? _______________________ From 19___ to 20___
(b) As a Subcontractor? ___________________________ From 19___ to 20___
B. Provide the following information as to contract experience with public entities or
governmental agencies ONLY, within the past five (5) years of similar size and
scope of work. If none, write “NONE” on the chart.
C. Have you or your company, or any officer, manager or partner thereof, failed to
complete a contract for an Owner? YES ____ NO ____. If so, indicate the name of each
Owner, dates, and the circumstances.
D. Have you or your company been denied an award of Contract not withstanding
submission of the lowest responsive bid? YES ____ NO ____. If so, as to each such denial,
state the name of the Owner, the date of the denial, the title and number of the contract bid, and
the grounds on which the Owner based the denial of award.
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E. Has your company been assessed liquidated damages by any Owner? YES ____
NO ____. If so, as to each assessment of liquidated damages, state the name of the Owner, the
date of the assessment, the title and number of the contract, and the grounds on which the Owner
based the assessment of liquidated damages.
F. Has your company been the subject of any inquiry by any Owner as to whether
your company is a non-responsible bidder or non-responsible contractor? YES ____ NO ____.
If so, as to each inquiry, state the name of the Owner, the date of the inquiry, the grounds on
which the Owner based the inquiry, and the result of the inquiry.
G. Has your company been the subject of any inquiry by any Owner as to whether
your company has made any false claim or other material misrepresentation? YES ____ NO
____. If so, as to each inquiry, state the name of the Owner, the date of the inquiry, the grounds
on which the Owner based the inquiry, and the result of the inquiry.
H. Has your company made any false claim or misrepresentation in the submittal of
any claim pertaining to any construction contractor with an Owner? YES ____ NO ____. If so,
state the circumstances including the reason for submittal of false material.
I. Is your company currently asserting against any Owner any construction claim (s)
in excess of $100,000.00, or has your company made such claim (s) against any Owner?
YES ____ NO ____. If so, as to each such claim, state the name of the Owner,
the date of the claim, the grounds of the claim, the amount of such claim, the present status of
such claim, the date of resolution of such claim if resolved, and the amount and method by which
such claim was resolved, if resolved.
J. Is your company currently a party against any Owner in any litigation pertaining
to any construction project, or has your company been a party to such litigation?
YES ____ NO ____. If so, as to each such litigation, state the name of the
Owner, case number, the court and jurisdiction in which said litigation is pending or was
brought, the nature of the litigation, the amount at issue in the litigation, the present status of
such litigation, the date of resolution of such litigation if resolved, and the amount and method
by which such litigation was resolved, if resolved.
K. List the Experience Modification Rate (EMR) issued to your firm annually by the
Workers’ Compensation Insurance Rating Bureau (WCIRB) worksheet. Beginning with the
most recent year (Year _______) please insert the EMR rate issued by the WCIRB. If the total
average rate for these three recent years is equal or greater than 125%, then the Contractor will
be disqualified.
YEAR 2018: EMR:
YEAR 2017: EMR:
YEAR 2016: EMR:
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L. Has a government entity ever debarred disqualified, removed, suspended, or otherwise
prevented you or your firm from bidding on, contracting, or completing a construction project?
YES ____NO____. If YES, identify the name of the government entity, list the date, and
describe the facts and circumstances about each instance, and state the reason for the government
entity’s action against your firm. Attach additional sheets as necessary.
M. Has a government entity ever rejected your firm’s Bid or Proposal on the ground that you
or your firm is a “non-responsible” bidder or proposer?
YES ____NO____. If YES, identify the name of the government entity, list the date, describe
the facts and circumstances about each instance, and state the reason or basis for the government
entity’s determining that you firm was a “non-responsible” bidder. Attach additional sheets as
necessary.
N. In the past five (5) years, have you ever or any officer or principal of your firm been an
officer of another firm which failed to perform a contract or agreement?
YES ____NO____. If YES, list the date, and describe the facts and circumstances about each
instance. Attach additional sheets as necessary.
O. Has a government entity or a client ever terminated, suspended, or non-renewed your
firm’s contract or agreement before its completion?
YES ____NO____. If YES, identify the name of the government entity, list the date, and
describe the facts and circumstances about each instance. Attach additional sheets as necessary.
IV. SUBMITTALS
Firms wishing to have their bid proposals considered for this project shall submit the following,
as a minimum:
A. A Statement of firm’s qualifications applicable to this project, including the following:
1. State of California Contractor’s License number and expiration date, C-27 &
C61/D-49 and California Pest Control License.
2. Names, staff qualifications and proposed duties of staff to be assigned to this
project. The firm 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 firm
3. List of staff minimum qualifications required:
a. All ISA Certified Arborists employed by the firm.
b. All ISA Certified Utility Arborists employed by the firm.
c. All ISA Certified Municipal Specialists employed by the firm.
d. All ISA Certified Tree workers employed by the firm.
e. All ISA Certified Urban Foresters employed by the firm.
f. All ISA Board Certified Master Arborists employed by the firm.
g. All Utility Line Clearance Tree workers employed by the firm.
h. California State Licensed Pest Control Advisor and Applicator employed
by the firm.
i. American Society of Consulting Arborists (ASCA) Registered Consulting
Arborist employed by the firm to consult on tree health issues.
j. Technicians providing technical support for inventory software.
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k. Traffic Control Design Specialist(s) and Traffic Control Technician(s) in
accordance with the American Traffic Safety Services Association
(ATSSA).
l. NCCCO licensed crane operators license employed by the firm.
4. References
5. Corporate Capability
a. Affirmative statement of compliance with indemnity and insurance.
b. All licensing required to complete job.
6. Services to be Performed
7. Equipment
a. A complete list of machinery and equipment, including year, serial number and
license number, to be used specifically for this project and all available equipment
in reserve to allow for breakdowns. All equipment must in good working order;
and shall be maintained and operated in full compliance with OSHA regulations
and State of California Department of Transportation (DOT) requirements. Must
include high range aerial lift trucks capable of reaching 95ft, 15-ton crane and
operational mobile Wood Mill.
8. Information Management
a. A written description of the proposed software program to be used to
manage the City’s Tree Inventory and firm’s ability to provide accurate
inventory updates for all trees serviced.
b. A statement describing the firm’s ability to provide data for the City’s
Geographic Information System (GIS).
9. Quality Control Plan
a. A written description of the firm’s plan to report green waste generated
and the method for its disposal. Must include an urban lumber plan for
recycling certain species of trees to be milled into lumber.
b. A written description of methodology to be used for notifying residents
prior to commencement of tree work. (Door hangers are permitted in the
City.)
c. The methodology in which the firm will handle complaints from the
public and damage to public and private property.
d. Effective means to correct problems.
e. The means the firm will use for completing the project.
10. Employee Training & Safety Plan
a. A written description of the firm’s internal tree maintenance and arboricultural
training program.
b. Contractor must submit safety procedures with bid, regarding the company’s
Injury and Illness Prevention Program (IIPP.)
c. Contractor must provide copies of their Experience Modification Rating (“EMR”)
worksheets issued to the Contractor by the California State Worker’s
Compensation Insurance Rating Bureau (WCIRB) for each of the calendar years
2013, 2014 and 2015.
d. Submitted Proposal must include the required “Contractor’s Organization
Statement and Performance History” forms and “Contractor’s Industrial Safety
Record” found within this document.
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11. Project Plan – Provide a detailed discussion of your firm’s approach to the successful
implementation of this project. Describe in detail how you would achieve a 4-5-year grid
pruning cycle / inspection program and how do you assure that the trees that got pruned
in prior years are not getting pruned again. Include tree management approach, priorities
and the discussion of methodologies.
12. Schedule of Compensation
V. PROJECT SPECIFICATIONS
It shall be understood that the Contractor will be required to perform and complete the proposed
landscape and/or 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 may be required to perform the
following tree maintenance activities at various sites throughout the City;
1. Tree pruning
2. Tree removal
3. Tree planting
4. Crew rental
5. Emergency response
6. Line clearance pruning
7. Clearance pruning
8. Grid pruning program (Ex. 5-year pruning cycle)
9. Tree watering
10. Small tree care
11. Palm trunk skinning
12. Root pruning
13. Specialty equipment rental
14. Arborist services/inspection
15. Foliar and pesticide treatments
16. Data entry
17. Webpage development
18. Additional work
19. Qualifications
20. GPS Tree inventory
21. Online maintenance access*
* Online maintenance is defined as Internet access to an Urban Forestry Management
tool for GPS tree inventories that includes work order tracking, ability to send work
requests including but not limited to maintenance recommendations, tree conditions,
pruning, planting, and removal, access to reports for tree inventory, value of the urban
forest, recycling reports, live job balance, contractor equipment GPS location monitoring.
A. ANNUAL PRUNING PROGRAM
At the direction of the City, the tree pruning will be done per pre-designed districts along
street segments, grids or prune routes on a set cycle to include all trees large and small.
Pruning will include structural pruning, crown raising, and crown cleaning in accordance
with the standards set forth by the International Society of Arboriculture Pruning
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Standards (Best Management Practices), the ANSI A300 Standards and City
Maintenance Standards. Contractor shall be required to furnish all supervision, labor,
equipment and materials necessary to accomplish the work in accordance with the
Contract. The intent of this Contract is to have all trees pruned a minimum of one time by
the end of the 5-year contract period. Special projects that are difficult to access will
require the need for specialty equipment (i.e., 95-foot tower). Service request pruning or
pruning to reduce and/or pruning to restore will fall under Crew Rental.
B. INSPECTION OF HAZARDOUS CONDITIONS
At the City’s direction, trees shall receive routine maintenance and periodic inspections at
the direction of the City administrator. The Contractor is not to inspect, monitor or
maintain trees unless given clear direction from City administrator. Tree problems that
are clearly visible during the maintenance activities, but not considered hazardous, will
be reported to the City for direction and/or further evaluation. These hazards can be
discovered through both routine pruning work or through other forms of inspection. The
City shall direct contractor or city staff to correct hazards in a timely manner. All work
history should be recorded within cities tree inventory management program.
C. TREE INVENTORY
At the City’s direction, the Contractor will 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. Additionally, program
should generate the estimated monetary value of the urban forest, recycling reports, live
job balance, contractor equipment GPS location monitoring. 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.
At the City’s direction, 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, Condition, Height, recommended maintenance, overhead utilities and
parkway size and type.
1. GPS Tree Inventory
At the City’s direction, contractor will provide the City with a Global Positioning
System (GPS) tree inventory collected by an ISA Certified Arborist including
coordinates for all trees in public spaces. This includes, but is not limited to, all
publicly owned trees on street rights-of-way, parks, City facilities and open
spaces such as medians, greenscapes, etc. The address information contained in
inventory should be linked directly to a Geographical Information System (GIS)
program, such as ArcView. The inventory collector will identify the trees by their
global coordinates of longitude and latitude. 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 in the software, which will
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enable you to connect the inventory to the City’s GIS program and create various
frequency reports.
A GPS tree inventory shall be created with a new database using the City’s
standardized addressing system for all parks and open space areas. Contractor
shall be required to create an ESRI ArcView/ArcGIS compatible "shape file". The
new inventory shall be capable of showing the location of every existing tree site
and vacancies on the City's existing GIS base maps (streets, parcels, addresses,
ROW and hardscape, etc.) The consultant’s tree inventory shall be conducted by
visiting each tree site or vacant planting site and plot the position. The data shall
be compatible with the latest version of ArcView. Minimum accuracy shall be not
more than one (1) submeter.
Mobile Application
Tree inventory program must include a mobile application for field use. All data
must reflect live data as it exists in the Tree inventory program. The functionality
of the mobile application shall include the following minimum requirements.
• Mobile application must be compatible with Android systems.
• Mobile application must be usable for precision mobility view as user moves
through canopied areas.
• Mobile application must include multiple layering feature including aerial
imagery and street names.
• Mobile application must display tree icons based on precise GPS coordinates.
• Mobile application must be able to illustrate live work history records.
• Mobile application must allow a function that permits live data updates.
• Mobile application must be updated as new work records are modified.
2. Experience
The Contractor shall have at a minimum five (5) years of experience in
collecting tree inventories for cities and other public agencies 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 specific to our needs. The user-friendly program should allow customers
to generate a variety of reports quickly. List at least five (5) completed tree
inventories for California municipalities within the last five (5) years.
The Contractor must show, through documentation by records of past
performance and references the Proposer’s involvement in Arbor Day events,
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educational outreach efforts and helping agencies maintain their Tree City USA
status.
3. Scope of Work
City shall provide the most up-to-date GPS inventory data to Contractor upon
award of contract. Contractor will manage the entire inventory project. The
project shall include field data collection, data entry, access to the computer
software, and training of City employees on the use of the system, future technical
maintenance and support and as an option, conversion of the existing database.
Attributes to be collected by field personnel may include, but is not limited to:
• Tree Number
• City District/Grid/LLDs/Parks/R-Areas/Residential
• Street
• Location by Address
• Location by GIS
• Species by botanical name & common name
• Tree diameter
• Tree height
• Tree condition
• Tree dollar value
• Recommended Maintenance
• Existing overhead Utilities
• Parkway Size
• Parkway Type
• Sidewalk damage
4. Technical Support and Maintenance
The Contractor shall provide routine maintenance, archive, backup, restore and
disaster recovery procedures as may be requested by the City. The Contractor
shall provide complete support rapidly with experienced staff available to the City
during the hours of 7:00 A.M. to 5:00 P.M. Monday through Friday. The
Contractor shall be readily available by telephone, e-mail or may respond to the
City’s location within a timely manner.
VI. PROJECT SPECIAL PROVISIONS
This project may consist of tree pruning, traffic clearance pruning, and palm pruning as specified
in the Project Special Provisions Contract Documents and/or Requests for Bid Proposal. All
pruning methods shall comply with the.
A. DEFINITIONS
Where “as directed”, “as required”, “as permitted”, “approve”, “acceptance”, or words of
similar import are used, it shall be understood that the direction, requirement, permission,
approval or acceptance by the City is intended unless otherwise stated. As used herein,
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“provide” shall be understood tip mean “provide complete”, in total. The word “site” as
used hereinafter shall be understood to mean the location receiving the service. The use
of the word “Contractor” shall be held to mean the Contractor, and/or any person
employed by them and working under this contract.
B. WORK QUALITY
All tree pruning shall comply with good arboriculture practices for the particular species
of trees being trimmed shall be consistent with the Pruning Standards and Best
Management Practices as adopted by the International Society of Arboriculture. The
Contractor shall also meet the requirements of the current American National Standards,
Z133, entitled "Safety Requirements for Arboricultural Operation," published by the
American National Standard Institute., Inc., 1430 Broadway, New York, New York
10018.
The City’s administrator 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.
C. STANDARDS
Prior to beginning the work, the Contractor shall review with the City administrator
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., depending on city ordinances.
All debris resulting from tree pruning operations shall be removed from the work site on
a daily basis.
1. Grid Tree Pruning
At the direction of City staff, tree pruning per pre-designed districts, grids or prune
routes on a set cycle to include all trees regardless of size. Pruning will include structural
pruning and crown raising, and slight crown cleaning in accordance with the standards set
forth by the International Society of Arboriculture Pruning Standards (Best
Management Practices) and the ANSI A300 Standards. No more than 25% of the foliage
is to be removed at a given time. 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.
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(c) Contractor shall provide and post “No Parking” signs twenty-four (24) hours in
advance of the work.
(d) Contractor shall endeavor to maintain good public relations at all times. The
work shall be conducted in a manner which will cause the least possible
interference and annoyance to the public. Work shall be performed by competent
employees and supervised by an experienced, English speaking supervisor in tree
maintenance operations. The Contractor shall be responsible for advance
notification to the residents at each work location of the intended tree operations.
The Contractor shall be responsible to see that private property and vehicles at
work locations are not endangered or damaged during the course of work.
(e) Contractor shall exercise precautions as necessary when working adjacent to
aerial and subterranean utilities. Contractor must utilize Line Clearance Qualified
Tree trimmers if working within 10ft of high voltage power lines. In the event that
aerial utility wires present a hazard to the Contractor’s personnel or others near
the work site, work is to immediately cease and the appropriate utility company
notified. Work shall then commence in accordance with instructions from the
utility company. In the event that work causes excavation, the City is responsible
for properly marking the location and the Contractor is responsible for appropriate
notification of Underground Service Alert (USA).
(f) No hooks, gaffs, spurs or climbers will be used for while climbing trees other than
for removals and inaccessible Palms when needed.
(g) Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a
manner to promote fast callous growth.
(h) Topping shall not be done unless specifically requested by the City.
(j) The specific techniques employed shall be consistent with industry practice for
the size and species of tree being trimmed. All dead, broken, damaged, diseased
or insect infested limbs shall be removed at the trunk or main branch. All cuts
shall be made sufficiently close, ½ inch, to the parent stem so that healing can
readily start under normal conditions. All limbs 2” or greater shall be undercut to
prevent splitting. The remaining limbs and branches shall not be split or broken at
the cut. All crossed or rubbing limbs shall be removed unless removal will result
in large gaps in the general outline of the tree.
(k) Cut laterals to preserve the natural form of the tree, leaving the head open enough
for the branching system to show and permitting the dead material to be easily
cleaned out and light to show through the head. Tree foliage shall be reduced by
at least fifteen (15%) percent but no more than twenty-five (25%) percent.
(l) Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or
crossing limbs. Branches with an extremely narrow angle of attachment should
normally be removed.
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(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 without city approval.
Heading, rounding over, or stubbing shall not be an accepted practice for reducing
the size or the framework of any tree.
2. Pruning for Clearance
As directed by city staff, 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, (9’) 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 staff and conform to the following:
a. The minimum clearance under trees within the street right-of-way shall be
fourteen (14’) feet over the traveled road, and 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 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 in the Contract Documents Special
Provisions in a manner selected by the Contractor and approved by the City staff and in
accordance the following:
a. The use of climbing spurs or spike shoes for the purpose of climbing palm
trees is prohibited, unless specifically approved by the City administrator.
The Contractor shall be required to use an aerial tower with sufficient
height to reach the crown for the purpose of pruning City Palm trees.
b. Palm Skinning (additional service & cost) - Dead fronds, and parts
thereof, including stubs, can be removed along the entire length of the
trunk of each palm, leaving a clean unsheathed appearance slicked from
the ground to approximately twenty-four to thirty-six (24” – 36”) inches
from the base of the green fronds at the top of the tree. The frond stubs
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(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. Aesthetic and/or Service Request Tree Pruning
As directed by City staff, trees that need service prior to their scheduled grid trim
for aesthetic purposes shall be trimmed within two weeks of notification by the
City to the Contractor. Pruning will include structural pruning, crown raising,
crown cleaning and crown reduction in accordance with the standards set forth by
the International Society of Arboriculture Pruning Standards (Best Management
Practices) and the ANSI A300 Standards. The trimming shall provide a
symmetrical shape and aesthetically pleasing appearance typical of the species. In
addition, trees shall be trimmed to provide a minimum clearance of fourteen (14)
feet over the roadway and seven (9) feet over walkways. Trees shall also be
trimmed to remove any obstruction around traffic control devices, traffic signs
and streetlights. Additional trimming shall be performed to mitigate any extreme
effect of the clearance trimming and provide an aesthetic appearance.
It is the City’s intent to allow residents to request and pay for additional work (to
City-owned trees only) through the City and this contract on an individual request
basis. Any additional work will be authorized and directed by the City using
prices as listed in this contract for supplemental work.
The specific techniques employed shall be consistent with industry practice for
the size and specific of tree being trimmed. All dead, broken, damaged, diseased
or insect infested limbs shall be removed at the trunk or main branch. All cuts
shall be made sufficiently close, ½ inch to the parent stem so that healing can
readily start under normal conditions. All limbs 2” or greater shall be undercut to
prevent splitting. The remaining limbs and branches shall not be split or broken at
the cut. All crossed or rubbing limbs shall be removed unless removal will result
in large gaps in the general outline of the tree. All trees shall be thinned of smaller
limbs when necessary to distribute the foliage evenly as needed.
5. Tree Removals
After the City determines that a tree requires removal, the City prepares list of
trees to be removed, marks trees, notifies homeowners and submits lists to
Contractor. Contractor calls Underground Service Alert (USA) and prepares
internal work order. Crew removes tree and hauls all debris. Crew grinds stumps
to a depth of eighteen (18”) inches. All holes will be backfilled; as well as all
debris cleaned up and hauled away. Special projects that are difficult to access
with equipment or require the need for a crane or an aerial tower over seventy-
five (75’) feet would fall under Crew Rental rates. The City Staff 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 city staff. No wood shall be left along public right-of-way
unless approved by the City staff. All tree parts are to be loaded into transport
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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
Underground Service Alert and the Contractor. The Contractor shall be required to call
Underground Alert at least 2 days before stumps are to be ground out. All tree stumps
must be removed to at least 18 inches below the lowest soil level adjacent to the stump,
or until deep roots are no longer encountered. The Contractor shall grind the stump a
minimum distance of one and a half (1½’) feet either side of the outer circumference of
the stump, or until surface roots are no longer encountered.
Stumps should be cut low enough to the ground where routing can be done safely. This
may be accomplished by cutting the stump at the time of grinding, or at the time of tree
removal except for infrastructure conflicts. Holes created by stump and root grinding
must be filled the same day. The resultant chips from routing may be used to fill the hole
to two (2”) inches above normal ground level. All excess routing chips debris will be
removed and loaded into transport vehicle for disposal. Any damaged paved surfaces
shall be restored to their original condition.
6. Tree Planting
Tree planting includes the tree, stakes, ties and complete installation and watering
at time of installation as directed by City staff. Planting lists should be compiled
by the Inspector and submitted monthly or as needed. Contractor will guarantee
the quality of the tree stock and the workmanship.
(a) Contractor shall provide all equipment, labor and materials necessary for
the planting of trees throughout the City in accordance with the
specifications herein.
(b) The City shall be responsible for marking locations and the Contractor
will notify Underground Service Alert (USA) prior to planting.
(c) Planting pit shall be dug twice the width and the same depth of the root
ball. Before placing the tree in the planting pit Contractor shall examine
root ball for injured roots and canopy for broken branches. Damaged roots
should be cleanly cut off at a point just in front of the break. Broken
branches should be cut out of the canopy making sure that the branch
collar is not damaged.
(d) Tree shall be placed in the planting pit with its original growing level (the
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.
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(e) Backfill material should be native soil. Eliminate all air pockets while
backfilling the planting pit by watering the soil as it’s put into the hole.
(f) Trees that are planted in parkways shall have a 4”-6” high water retention
basin built around the tree capable of holding at least ten (10) gallons of
water. In a concrete tree well, soil should be raked against the edge of the
concrete to create a sloping basin. Immediately after planting, the tree
shall be watered 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 (1½”) inch diameter. Tree ties shall be placed at one third (⅓”)
and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the
root ball and shall be driven into the ground approximately twenty-four to
thirty (24”-30”) inches below grade.
(h) Trunk protectors such as Arbor-Gards or an approved equal shall be placed
at the base of the trunk of all new trees immediately after planting.
(i) In some cases, root barriers may be required. The City will make this
determination. Should a root barrier be required, the Contractor will install
a mechanical barrier that redirects root growth downward, eliminating the
surface rooting that damages expensive hardscapes and creates a hazard.
The barrier shall be twelve (12”) inches in depth and at a length
determined by the City and placed in a circular fashion surrounding the
tree’s root system. Root barriers are an additional service and cost.
(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 current ANSI Z60.1
Standards. Trees shall be free from pests, disease and structural defects.
(l) All newly planted trees are to be watered for the next 8 weeks at least once
a week for an establishment period.
7. Crew Rental
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. As directed by City staff, 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.
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8. 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 a twenty-four (24) hour emergency phone number
or the names of at least ten (10) contact individuals upon award of contract. Should the
contact persons or their phone numbers change during the course of the contract, those
changes shall be submitted to the City within two (2) working days.
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.
9. Line Clearance Pruning
During the course of this contract the Contractor may be required to perform utility line
clearance pruning as directed by City staff in conjunction with routine or non-routine
pruning activities. The Contractor shall be required to furnish all supervision, Qualified
line clearance tree trimmers, 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 sh be
Line Clearance Qualified Tree workers. The competency of Contractor's personnel shall
be maintained through regular training. All persons performing tree work on City trees in
or around primary electrical lines shall be trained to do so in accordance the “Electrical
Safety Orders” of the State of California.
10. Tree Watering
Watering is performed by a one-man crew with a water truck who will water various
routes including landscape median and young trees that are three (3) years old and
younger.
11. 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.
12. Arborist Services
On occasion, the City requires tree evaluations including written reports. The vendor
shall provide an hourly rate for an Arborist that can respond to the City’s request(s) for
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the preparation of detailed arborist reports, tree risk assessment reports tree evaluations
and site inspections. Reporting can be generated on as little as one tree to an entire urban
forest population and is handled on a case-by-case basis.
13. Citywide Tree Risk Survey
At the city’s request the vendor will be required to provide an annual or bi-annual tree
risk survey. This survey will be performed in limited visual assessment method. The city
will identify the location and / or selection criteria of the trees to be assessed. The trees
assessed will be documented from a drive-by perspective. All trees discovered having
obvious significant defects or other conditions of concern will be documented for follow-
up action. This follow-up action can include a higher level of assessment or other
mitigation efforts like tree removal or pruning at the cities direction.
14. Plant Health Care
At the direction of the city the vendor shall be required to provide plant health care
services including but not limited to the following; spraying, injecting, soil drenching as
necessary to reduce a potentially harmful pest. This is done to maintain or improve the
selected tree’s appearance, vitality, and safety, using the most cost-effective and
environmentally sensitive practices and treatments available. Plant Health Care involves
routine monitoring and preventive treatments. All pesticide recommendations are to be
made by a Pest Control Advisor in accordance with the Department of Pesticide
Regulations.
PESTICIDE USAGE AND REPORTING
1. Contractor shall submit Pesticide Usage Report(s) to City at the end of each month
summarizing the facilities treated, pests treated, pesticides used, pesticide application rates, man
hours and equipment.
a) Report(s) will provide all information needed, and in a format sufficient for all annual
reporting, including IPM and NPDES.
2. City IPM Policy encourages use of the least toxic pesticide required for effective control
of a given pest.
PESTS AND DISEASES
1. All trees known or suspected to be diseased/infested, Contractor shall disinfect all tools
and cut surfaces after each cut and between trees.
2. All trees with known or suspected PHSB, Fusarium, Gold Spotted Oak Borer or other
high priority pests/ pathogens as determined by the County. Contractor shall handle all debris in
a manner consistent with newest version of all appropriate Best Management Practices (BMP),
which minimizes the chance of spreading infection or infestation.
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3. Material and debris from trees with known or suspected disease/infestation shall be
chipped to 1” or smaller and shall not be left on site or used as much off site.
4. No additional charges for disinfection or special handling shall be allowed.
PESTICIDE TREATMENT OF TREES
1. Contractor shall have an “in-house” Qualified Applicator apply chemicals in accordance
with the recommendations from the “in-house” Agricultural Pest Control Advisor (PCA) and all
applicable product labels and regulations.
2. Applications will be made by drench, spray or injection as conditions warrant. The
primary method of application shall be trunk or soil injection.
3. The following are pesticides that may be used on this Contract for treatment of
Polyphagous Shot Hole Borer (PSHB), Golden Spotted Oak Borer (GSOB), Fusarium dieback
and other pests. This list is not all inclusive or exhaustive.
a) Propiconazole
b) Tebuconazole
c) Thiabendazole
d) Emamectin benzoate
e) Imidacloprid
f) Dinotefuran
g) Bifenthrin
h) Carbaryl
D. TRAFFIC CONTROL
Contractor shall conform to all City Traffic Safety requirements and operating rules at all
times while this contract is in effect. The Contractor shall employee staff certified as
Traffic Control Design Specialist and Traffic Control Technicians in accordance with the
American Traffic Safety Services Association (ATSSA).
Contractor will be responsible for supplying and using all safety equipment necessary to
close or delineate traffic lanes to through traffic. This is to include a high visibility
Arrow Board(s) as necessary. The City, prior to use, must approve all traffic safety
equipment for use.
Illuminated arrow boards, sign stands, delineators and/or cones shall be used to identify
work site for vehicular and pedestrian safety.
E. 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.
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City approved “No Parking” signs shall be posted on individual trees scheduled for
pruning twenty-four (24) hours prior to the work being performed.
F. 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
when feasible. Contractor’s equipment may be stored overnight, with advance approval,
in the City yards; however, the City will not be responsible for security of Contractor’s
equipment.
Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out
and gutters cleaned.
The City staff or other authorized representative shall be the sole judge as to the
adequacy of the cleanup.
G. DISPOSAL OF DEBRIS
All tree branches produced as a result of the Contractor’s operations under this contract
will be reduced, reused, recycled, and/or transformed. The City will receive access to
their Greenwaste Recycling report detailing the amount of debris recycled and the
location. This report to be used for compliance with Assembly Bill 939.
1. Greenwaste Recycling Report:
Greenwaste that is transported to an off-site facility for grinding into mulch shall
be documented and available to the City on a monthly basis.
2. Wood Chips:
a. Chips generated from pruning operations within the City may first be
dumped at a City designated site.
b. At the direction of the City, 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):
At the direction of the City, 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.
H. PARKING
The City will make every attempt to identify a suitable space for parking of vehicles and
equipment for the purpose of this contract. The vendor will hold the City harmless and
release the City of liability as a result of theft or vandalism. Should a site not be
available, then the vendor may park on City right-of-way near the project area(s).
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I. INVOICE
Contractor shall be required to submit invoices on a bi-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 tree, the species and its height and trunk
diameter of each individual tree. Failure to submit invoices in this format may result in
non-payment until these requirements are met.
J. INSPECTIONS
The City 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.
K. WITHHOLDING PAYMENT
The City may withhold payment to such extent as may be necessary to protect the City
from loss due to one or more of the following reasons:
1. Defective or inadequate work not corrected.
2. Claims filed, or reasonable evidence indicating probable filing of claims.
3. A reasonable doubt that the contract can be completed for the balance unpaid.
L. MINOR MODIFICATIONS AND/OR ADDITIONAL WORK
1. The City may modify these specifications with the joint approval of the
Contractor and the City Purchasing Agent. All modifications shall be in writing.
2. In the event that the City should require additional work beyond the requirements
of these specifications, the Contractor shall perform all work at a competitive
price.
3. Additional work may be added to the contract work as the need arises. The
Contractor shall perform all specified and approved additional work at the unit
prices submitted with this bid proposal.
4. The Contractor must be willing to provide a competitive price for additional work
that may be added to the contract. Contractor will be required to demonstrate the
ability to properly execute the expanded workload with the necessary increase in
labor, materials and equipment needed to complete the additional work in a timely
manner.
5. The Contractor must have the ability to receive and respond to emergency
situations and must respond to emergency call outs within one hundred twenty
(120) minutes of receipt of the call.
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M. COOPERATIVE PURCHASING
It is intended that other public agencies (i.e., city, county, school district, special district,
public authority, public agency, and other political sub-division of the State of California)
and/or other City departments shall have the option to participate in any agreement
created as a result of this Request for Proposal with the same terms and conditions as to
the price of the product and/or service. The City shall incur no financial responsibility in
connection with a purchase order from another public agency. Any public agency that
“piggy-backs” on any negotiated contract between the City and vendor shall accept sole
responsibility for negotiating, placing orders and making payment to vendor. The vendor
may or may not agree to the cooperative purchasing clause.
N. CLARIFICATION OF SPECIFICATIONS
If any bidder, prior to submitting their bid should find any discrepancies and/or omissions
from the specifications or other contract documents, or if they should be in doubt as to
the true meaning of any part thereof, they shall at once make a written request to the City
Purchasing Agent for corrections, clarification, or interpretation of the points in question.
The person submitting such request shall be responsible for its prompt delivery.
In the event that the City Purchasing Agent receives a request and it should be found that
certain essential information is not clearly and fully set forth, or if the City discovers
errors, omissions, or points requiring clarification in these documents, a written
addendum will be mailed to each person to whom a set of bid documents has been
delivered. The City will not be responsible for any instructions, explanations, or
interpretations of the documents presented to bidders in any manner other than written
addendum.
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COST PROPOSAL
The undersigned proposes to furnish all materials, supplies, equipment and/or services set forth herein,
subject to all conditions outlined in the RFP, at prices indicated below. All applicable services include cleanup
and disposal.
Tree Pruning (by Grid)
Price per tree to Prune by Grid $
Grid tree pruning is based on tree pruning in pre-designed districts, or grids on a set cycle and
includes all trees (small, medium and large-sized.) Trees are not excluded from the Grid.
Tree Pruning (by Block)
Price per tree to Prune by Block $
Block tree pruning consists of pruning trees along a block segment or “run” as designated by the City. This is
different from “Grid Pruning” where all trees are prune (small, medium and large-sized) within a grid or
district.
Aesthetic or Service Request Pruning
0” - 6” Diameter Standard Height $
7” - 12” Diameter Standard Height $
13” - 18” Diameter Standard Height $
19” - 24” Diameter Standard Height $
25” - 30” Diameter Standard Height $
31” - 36” Diameter Standard Height $
36”+ Diameter Standard Height $
Crown Raise/Clearance Prune Hardwood tree
0” - 6” Diameter Standard Height $
7” - 12” Diameter Standard Height $
13” - 18” Diameter Standard Height $
19” - 24” Diameter Standard Height $
25” - 30” Diameter Standard Height $
31” - 36” Diameter Standard Height $
36”+ Diameter Standard Height $
Palm Tree Trimming:
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Prune Date Palm (Phoenix spp.) $
Clean Trunk for Date Palm (Phoenix spp.) per linear foot $
Prune Fan Palm (Washingtonia spp.) $
Clean Trunk for Fan Palm (Washingtonia spp.) per linear foot $
Prune all other Palm Species $
Tree Removal – (per inch)
Tree & Stump removal per dia. inch 0-24” dbh $
Tree & Stump removal per dia. inch over 25” dbh $
Stump grinding per stump diameter inch at grade $
Tree Planting – (per tree)
Tree planting includes tree, stakes, ties, and labor.
15-gallon tree $
24-inch box tree $
36-inch box tree $
Tree Watering (per hour)
Watering of young trees includes water truck & operator-per hour $
Milling Cost – (per board foot)
Milling Lumber per Board Foot $
Root Pruning – (per linear foot)
Per foot of roots pruned $
Root Barrier Installation – (per linear foot)
Per foot of root barrier installed $
General Labor Rates – (per man hour)
3-man crew with equipment $
Day Rate Service Crew - (per man hour)
Boom truck per eight (8) hour day to include a
chip body, low decibel chipper, 1 Sr. Tree Trimmer, 1 Trimmer &
1 Ground person $
Specialty Equipment Hourly Rate – (per hour)
Crane $
95-foot aerial tower $
Loader or Bobcat $
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Emergency Services – (per hour)
Emergency response services per man hour:
During normal business hours (Mon-Fri 7am to 4pm) $
After hours, weekends &/or holidays $
General Arborists Services – (per hour) Unit Price in Figures
Written Arborist Reports $
Resitograph testing $_________________
Ground Penetrating Radar $_________________
Air spade Services $_________________
Fumigation Services $_________________
Fertilization Services $_________________
Level 1,2 and 3 Risk Assessments $_________________
Soil Testing / Soil enhancements $_________________
Citywide tree risk survey (Per Tree) $_________________
GPS Tree Inventory – (per 1000 tree sites)
Cost per 1000 tree sites collected including vacant sites $
PLANT HEALTH CARE SERVICES
Tree Canopy Spraying from ground level per diameter inch $ ________________
Tree Canopy Spraying from aerial tower per diameter inch $________________
Description: Foliar hydraulic spraying of recommended material.)
Insecticide or Fungicide Trunk Banding per diameter inch $________________
Description: Trunk spray of recommended material.
PGR Trunk Banding per diameter inch $________________
Description: Trunk spray of recommended material to regulate plant growth.
Insecticide or PGR Soil Application (Cambistat) per diameter inch $________________
Description: Recommended insecticide soil injection or drench material to regulate plant growth.
Insecticide or Fungicide Soil Application per diameter inch $________________
Description: Soil applied drench of recommended material.
Soil Injection Fertilization per diameter inch $________________
Description: Soil applied injection of recommended material.
Soil Drenching Fertilization per diameter inch $________________
Description: Soil application of recommended material.
Trunk Injection (Insecticide/Miticide) per diameter inch $________________
Description: Trunk injected recommended material.
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Trunk Injection (Fungicide) per diameter inch $________________
Description: Trunk injected recommended material.
Trunk Injection (Insecticide & Fungicide Combo) per diameter inch $________________
Description: Combination of one-time trunk injection of two recommended materials.
Avermectin Class Insecticide Injection per diameter inch $________________
Description: Recommended trunk injection of Emamectin benzoate active ingredient.
CITY OF ROSEMEAD
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this ______ day of
____________________, 20___ by and between the City of Rosemead, a municipal
corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead,
California 91770, (“City”) and [insert Name of Company], a [insert type of entity -
corporation, partnership, sole proprietorship or other legal entity] with its principal place
of business at [insert address] (hereinafter referred to as “Contractor”). City and
Contractor are sometimes individually referred to as “Party” and collectively as “Parties”
in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing [insert type of
services] services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and
that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the [insert Name of
Project] (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to
furnish to the Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [insert type of
services] maintenance services necessary for the Project (“Services”). The Services are
more particularly described in Exhibit “A” attached hereto and incorporated herein by
reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from [insert start date] to
[insert ending date], unless earlier terminated as provided herein. Contractor shall
complete the Services within the term of this Agreement, and shall meet any other
[insert Name of Company]
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established schedules and deadlines. The Parties may, by mutual, written consent,
extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
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 this 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
by law. Contractor shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Contractor’s conformance with the Schedule, 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 City’s Representative. The City hereby designates [insert Name or
Title], 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 all 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.
3.2.5 Contractor’s Representative. Contractor hereby designates [insert
Name or Title], or his or her designee, to act as its representative for the performance of
this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have
full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement. The Contractor’s Representative shall supervise and direct the Services,
using his/her best skill and attention, and shall be responsible for all means, methods,
[insert Name of Company]
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techniques, sequences and procedures and for the satisfactory coordination of all
portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City’s staff, consultants and
other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall
perform all Services under this Agreement in a skillful and competent manner, consistent
with the standards generally recognized as being employed by professionals in the same
discipline in the State of California. Contractor 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 Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project
by the Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 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 of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with Services. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and
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.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain prior
to the beginning of and for the direction of this Agreement insurance coverage as
specified in Exhibit D attached to and part of this agreement.
[insert Name of Company]
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3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules
and regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and 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.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code
of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on “public
works” and “maintenance” projects. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply
with such Prevailing Wage Laws. 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, and shall post copies at the Contractor’s principal place of business
and at the project site. 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.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in
Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall
execute and provide to City concurrently with this Agreement a Performance Bond in the
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a
form provided or approved by the City. If such bond is required, no payment will be made
to Contractor until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit “B” attached hereto and incorporated herein by
reference, Contractor shall execute and provide to City concurrently with this Agreement
a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this
Agreement, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
[insert Name of Company]
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3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at least
thirty (30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Agreement
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase
to the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time,
terms, or conditions of payment to the Contractor, will release the surety. If the Contractor
fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California-admitted surety with a current A.M. Best’s
rating no less than A:VIII and satisfactory to the City. If a California-admitted surety
insurer issuing bonds does not meet these requirements, the insurer will be considered
qualified if it is in conformance with Section 995.660 of the California Code of Civil
Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar
amount]) without advance written approval of City’s project manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 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.
[insert Name of Company]
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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 Project,
but which the parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work
without written 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., as well as California Code
of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require
the payment of prevailing wage rates and the performance of other requirements on
“public works” and “maintenance” projects. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, as defined by the Prevailing
Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully
comply with such Prevailing Wage Laws. 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, and shall post copies at the Contractor’s principal place of business
and at the project site. 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
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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.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and
in such manner as it may determine 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:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: [Insert Name & Department]
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed adequate
notice on the date actual notice occurred, regardless of the method of service.
3.5.3 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.
3.5.4 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.
[insert Name of Company]
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3.5.5 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, consultants and contractors arising out of or in
connection with the performance of the Services, the Project 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.
3.5.6 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.
3.5.7 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.9 City’s Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.11 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 transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
[insert Name of Company]
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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.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 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.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 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.
3.5.17 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. 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.
3.5.18 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
[insert Name of Company]
Page 10 of [insert last page number of agreement]
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 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.
3.5.20 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.
3.5.21 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.
[signatures on next page]
[insert Name of Company]
Page 11 of [insert last page number of agreement]
CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR]
By: By:
Gloria Molleda
City Manager
Name:
Attest:
Title:
Ericka Hernandez
City Clerk
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Approved as to Form:
Rachel Richman By:
Name:
City Attorney
Title:
02/08
Document3
A-1
EXHIBIT A
SCOPE OF MAINTENANCE SERVICES
[insert scope]
B-1
EXHIBIT B
SCHEDULE OF MAINTENANCE SERVICES
[insert schedule]
C-1
EXHIBIT C
COMPENSATION
[insert rates & authorized reimbursable expenses]
D-1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend,supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability” policy form CG 00 01 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 on 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 less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement
may be satisfied by a non-owned auto endorsement to the general liability policy
described above. If Consultant or Consultant’s employees will use personal autos in any
way on this project, Consultant 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.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements,
shall provide coverage at least as broad as specified for the underlying coverages. Any
such coverage provided under an umbrella liability policy shall include a drop down
provision providing primary coverage above a maximum $25,000 self-insured retention
for liability not covered by primary but covered by the umbrella. Coverage shall be
provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits.
Policy shall contain a provision obligating insurer at the time insured’s liability is
determined, not requiring actual payment by the insured first. There shall be no cross
liability exclusion precluding coverage for claims or suits by one insured against another.
Coverage shall be applicable to City for injury to employees of Consultant, subconsultants
or others involved in the Work. The scope of coverage provided is subject to approval of
City following receipt of proof of insurance as required herein. Limits are subject to review
but in no event less than $___________ per occurrence.
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Professional Liability or 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 consultant 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 VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant 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.
3. All insurance coverage and limits provided by 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. Consultant 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.
D-3
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 Consultant’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 Consultant or deducted from sums
due Consultant, at City option.
8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant 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 Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant 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 section. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Consultant’s existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
D-4
additional cost to the Consultant, the City will negotiate additional compensation
proportional to 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. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant 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. Consultant 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. Consultant 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 Consultant’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 the coverages.
17. The provisions of any workers’ compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. 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.
D-5
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant 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.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant 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.