HomeMy WebLinkAboutItem 6g. Authorization to Advertise a Request for Proposals for Tree Maintenance Services Item 6g
Department: Public Works
Cost Center: 5004
For Agenda of: 6/15/2021
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Greg Cruce, Interim Maintenance Operations Manager
SUBJECT: AUTHORIZE ADVERTISING A REQUEST FOR PROPOSAL FOR TREE
MAINTENANCE SERVICES
RECOMMENDATION
1. Authorize the advertisement of Requests for Proposals (RFP) for on-call tree
maintenance; and
2. Authorize the City Manager to award the tree maintenance contract to the selected
company.
DISCUSSION
Background
The City of San Luis Obispo has a longstanding history of contracting out tree pruning
services to maintain the City’s urban forest. The City’s on-call pruning contractor is
selected through the Request for Proposal process, through which City Staff selects the
most qualified contractor based on company history, ability to perform work, and value to
the City.
In 2016, the City of San Luis Obispo issued a formal Request for Proposal (RFP) for tree
maintenance services to assist the Urban Forest and Natural Resources Programs with
tree maintenance tasks in the City’s Parks, Public Right-of-Way, and Open Space. This
process resulted in the City obtaining the lowest cost services provided by contractors
capable of completing these services in compliance with the City’s Purchasing Policy.
This contract term was for four (4) years with an optional two-year extension and was set
to expire in August 2022.
Due to rising overhead cost, the City’s Tree Maintenance Contractor, Bunyon Bros.
recently informed the City they can no longer perform work at the contracted rate. Due
to this recent development, the City must advertise a new RFP for tree maintenance
services.
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Item 6g
This RFP is for on-call tree maintenance services, which are primarily used by Public
Works and Natural Resources. Although not regularly used by other departments, this
contract will provide contracted rates to other departments should an unforeseen need
arise. The main scope of this contract is for on-call services to assist the City with
emergency tree work, minor pruning request, tree removals, stump grinding, and tree
plantings.
Policy Context
The City’s purchasing policy designates maintenance services as a General Services
Purchase and requires issuance of a formal RFP document approved by the City Council
for services with a cost greater than $150,000. Because trees are dynamic and are
impacted by meteorological conditions, there will be years the City’s cumulative contract
amount exceeds $150,000.
Public Engagement
No public engagement is necessary as this is considered to be an administrative item.
CONCURRENCE
The Office of Sustainability, Parks and Recreation, and Community Development
departments concur with these recommendations.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
PW & Natural
Resources
$315,000 $150,000 $165,000 $150,000
State
Federal
Fees
Other:
Total $315,000 $150,000 $165,000 $150,000
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Item 6g
Public Works funding for tree pruning services is found in the 2020-21 Urban Forest
budgets. The funding level within Urban Forest is expected to remain consistent during
the next Financial Plan. The remaining Urban Forest contract funding will be used in a
separate forthcoming RFP for large-scale area pruning.
Natural Resources funding is used for tree pruning and fuel reduction projects. The
program anticipates an increase of $20,000 during the 2021-23 Financial Plan to address
hazardous tree removals in creeks and open spaces ; however, this amount was not
included in the fiscal impacts because the next financial plan has not been approved by
the City Council. The remaining Natural Resources contract funding will be used for fuel
reduction projects.
ALTERNATIVES
Deny, or reduce work scope. The Council may choose to deny authorization for the
Request for Proposal. Staff does not recommend this alternative as this would reduce the
City’s ability to respond to trees related and the frequency of maintenance, which
increases the City’s risk of liability.
ATTACHMENTS
A – Request for Proposals, Urban Forestry Pruning Services No. 5004-2021-UFP
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City of San Luis Obispo
Specification No. 5004-2021-UFP
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Notice Requesting Proposals for
Urban Forestry Pruning Services No. 5004-2021-UFP
The City of San Luis Obispo is requesting sealed proposals for services associated with the Landscape Maintenance
Service Specification No. 5004-2021-UFP
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required
to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml).
All proposals must be received via BidSync or by mail to the Department of Finance at or before x/xx/2021 at 11:00
am.
Proposals received after said time may not be considered. The preferred method of submission is electronically via
BidSync. If you wish to send a hard copy, to guard against premature opening, each proposal shall be submitted to
the Department of Finance in a sealed envelope plainly marked with the proposal title, project number, proposer name,
and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the project
package.
A MANDATORY pre-proposal conference will be held to answer any questions that the prospective proposers may
have regarding the City's request for proposals.
Due to the Covid-19 pandemic, this meeting will be held outside, attendees are required to wear face coverings and
comply with CDC social distancing guidelines.
Corporation Yard
25 Prado Road, San Luis Obispo
June 16, 2021
At 10:00 AM and 2:00 PM
Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com.
Please contact Greg Cruce at gcruce@slocity.org or (805) 781-7264 with any questions.
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Specification No. 5004-2021-UFP
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A. INTRODUCTION
INTRODUCTION
The City of San Luis Obispo (City) maintains approximately 20,000 trees within the public right-
of-way and City Parks. The City’s urban forest maintenance is completed through a combination
of City staff as well as qualified tree care contractors who specialized in this type of work.
The City is requesting proposals from suitably qualified companies (Contractor) that have
demonstrated experience in providing commercial tree maintenance services and can provide the
best possible tree care to maintain the City’s Urban Forest at a level expected by the City’s
residents, City Council, City staff, and visitors of the community. All work must be completed to
the satisfaction of the City’s contract representative.
The requested services are for on-call and emergency work as request by the City. The City
anticipates advertising an additional Request for Proposal for area pruning during the 2021-2023
Financial Plan.
B. SCOPE OF WORK
All tree pruning shall comply with the City of San Luis Obispo Municipal Code and the American
National Standard Institute, ANSI A300 Pruning Standards and ANSI Z133.1, Safety
Requirements for Tree Pruning, Trimming, Repair or Removal. Tree care shall be consistent with
the International Society of Arboriculture Best Management Practices.
All tree plantings shall be done in accordance with the City of San Luis Obispo Engineering
Standards.
The City’s contract representative shall determine if the Contractor has met all pruning
requirements and payment shall not be made for work that is not in accordance with the above
standards. The Contractor shall be deemed to be in breach of contract if they consistently fail to
comply with the conditions and standards as detailed.
Overall Description of Primary Work
a. Furnish all labor, materials, equipment, and incidental items required to lawfully perform
the preplanned and pre-priced for city-owned tree maintenance tasks and to respond to
emergency tree clean-up and removal as described in the following sections.
b. Comply fully with this specification.
Broadleaf and Conifer Tree Pruning (Preplanned work to be done under the pre-priced approach).
a. Remove all dead wood.
b. Lighten heavy branches to conform to the tree's natural character.
c. Remove undesirable, weak, or crossing branches.
d. Remove suckers and water sprouts.
e. Remove stubs, broken branches, split branches, abnormal growth, mistletoe, vines, and
other parasitic vegetation.
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f. Make all cuts at the branch collar.
g. Remove large or heavy branches with the three-cut method: under cut, over cut & finish
cut.
h. Balance the tree as appropriate for the species health and vigor.
i. Follow the directions of the City Contract Manager or designee who shall have the
discretion to change or modify specifications to suit special situations.
Palm Trees (Preplanned work to be done under the pre-priced approach).
a. Remove all dead fronds.
b. Remove all seed pods and seed pod husks.
c. Remove all abnormal growth from the base of the tree trunk.
d. Elevate green or live fronds to 90 degrees.
e. Trim the base of the palm bead to form a "pineapple" effect.
f. Remove any nicked or partially cut fronds.
Quality and Care (All work).
a. Do not use hooks, climbers, gaffs, or other climbing equipment that may penetrate the bark
of the tree.
b. Observe good arboricultural practices as recommended by the International Society of
Arboriculture Best Management Practices.
c. Ensure that all employees on site are ISA Certified Tree Workers or have equivalent or
higher ISA certification. Specialized work assignments may require the presence of a
Certified Arborist during the work.
d. Ensure that pruning will not disturb the nesting seasons of birds.
e. All work shall be reviewed in advance by an ISA Certified Arborist in conjunction with
the City Arborist.
Tree Removals
a. Contractor removes tree and hauls all debris. The contractor shall dispose of tree and debris
properly and not at any City owned or maintained sites include the City’s Corporation Yard
located at 25 Prado Road.
b. Area of removal to be left in a clean and acceptable condition.
c. No wood shall be left along public right-of-way unless approved by the City.
d. Stumps should be cut 2” above grade where routing can be done safely.
e. Removals shall be conducted in professional manner in accordance with the standards of
the arboricultural trade profession.
f. Removals shall be conducted in compliance with City tree removal permit process.
g. 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 will fall under Crew Rental rates.
Stump Grinding
a. Contractor shall be responsible for marking locations and notifying Underground Service
Alert (USA) a minimum of 48 hours prior to work.
b. 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.
c. 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.
d. Holes created by stump and root grinding must be filled the same day. A combination of
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native soil and stump grindings will be used to fill the hole to two (2”) inches above normal
ground level.
e. All excess routing chips debris will be removed and loaded into transport vehicle for
disposal.
f. Clean up all trash and any soil or dirt spilled at the end of each working day.
g. For oblong tree trunks, the diameter shall be the average of the trunk.
Tree Planting
a. Contractor shall be responsible for marking locations and notifying Underground Service
Alert (USA) a minimum of 48 hours prior to work.
b. Tree planting includes the tree, stakes, ties and complete installation and watering at time
of installation as directed by City staff.
c. Contractor will guarantee the quality of the tree stock and the workmanship.
d. Planting pit shall be dug at appropriate 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.
e. 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.
f. Backfill material should be native soil. Eliminate all air pockets while backfilling the
planting pit by watering the soil as it is put into the hole.
g. Trees that are planted in parkways shall have a 4”-6” high water retention basin built
around the tree capable of holding five - ten (5-10) 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.
h. All trees shall be staked with two wooded lodge poles and two ties per pole. Minimum size
of lodge poles shall be eight (8’) feet long, with a one and a half (1½”) inch diameter. Tree
ties shall be placed at one-third (1/3) and two-thirds (2/3) of the trunk height. Stakes shall
not penetrate the root ball and shall be driven into the ground approximately twenty-four
to thirty (24”-30”) inches below grade.
i. Trunk protectors such as Arbor-Guards or an approved equal shall be placed at the base of
the trunk of all new trees immediately after planting.
j. 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.
k. Clean up all trash and any soil or dirt spilled at the end of each working day.
l. 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.
m. Contractor shall obtain County approval for any trees purchased outside of San Luis Obispo
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County.
Crew Rental
a. The crew and equipment can be modified to complete any type of miscellaneous tasks
including special projects that may consist of extraordinary work. As directed by City
staff, 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. The use of crew rental
may be warranted due to inaccessibility, in park s or slope locations, or non-linear tree
pruning.
Emergency Work
a. The Contractor shall be required to provide emergency on call response for damaged trees
because 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 from
a City authorized representative. Emergency work shall begin within two (2) hours of the
initial telephone call.
b. Contractor shall be required to provide a twenty-four (24) hour emergency phone number
or the names of at least three (3) 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.
c. 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.
d. Work performed under the emergency provision of this contract shall be paid for on a crew
hour basis from portal to portal. This shall include all labor, tools equipment, disposal fees
and necessary materials. Emergency response charges may also be applied for crew(s) to
“stand-by” during storm-type weather elements.
Safety
a. Comply with Cal-OSHA and ANSI standards for safe working practices.
b. Place and maintain all devices required to safely close a traffic lane when necessary.
c. Place and maintain traffic control in accordance with current City standards and MUTCD
guidelines.
d. Contractor is required to obtain a blanket encroachment permit with the City Public Works
Department. Traffic control plans for work on arterial and collector streets are required to
be reviewed and approved in advance of the work. Traffic Control plans are to be submitted
a minimum of five (5) days in advance of the work at the Public Works permit counter at
919 Palm.
e. Emergency work is exempt from traffic control plan submittal requirements; however, all
traffic control during emergency work shall conform to City standards and MUTCD.
Cleanup
a. Remove all equipment, materials, and debris from the worksite at the end of each workday,
including sweeping of debris to prevent it from entering storm drain inlets.
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b. When working within 25’ of a storm drain inlet, cover inlet to prevent debris entry until
work is complete.
c. All wood and pruning debris shall be disposed of by the Contractor.
d. Dispose of all debris in accordance with City, State and Federal laws.
Notification of Scheduled Work
a. Post streets 48 hours before work starts when parking must be restricted.
b. Call City of San Luis Obispo Police Department 48-hours ahead of work starting to verify
"No Parking " signs are posted to allow towing.
Issuing Work to Contractor
a. On-call work requested by the City shall commence no later than 10 calendar days after
request by the City.
Documentation of Work
a. Complete Daily Tree Maintenance forms (Exhibit A) for all work performed.
b. Forms must be submitted to the City within five (5) business days after the completion of
the work. Forms can be submitted electronically or paper copies.
c. Failure to submit the Daily Tree Maintenance form within five (5) business days to the City
will result in a in a 25% reduction in pay for work performed.
d. Daily Tree Maintenance forms shall not be required for emergency work.
Work is subject to prevailing wage requirements.
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E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all
the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal
submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis
Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature open ing, the proposal
should be clearly labeled with the proposal title, project number, name of bidder, and date and time of
proposal opening. No FAX or emailed submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during
proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract
award. The City’s insurance requirements are detailed in Section H.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and
the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal
Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be
totally completed. If the unit price and the total amount stated by any bidder for any item are not in
agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total
will be corrected to conform to the specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the Director of Finance for its
withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after
the time specified or at any place other than that stated in the “Notice Inviting Bids/Re questing Proposals”
will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are
invited to be present at the opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or
file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal
when specifically requested; however, an individual or business entity that has submitted a sub -proposal to a
bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified
from submitting a sub -proposal or from quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written response
from the City. Telephone communications with City staff are not encouraged but will be permitted.
However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days
for examination and comparison. The City also reserves the right to waive non -substantial irregularities in
any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other,
except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions”
in Section C of these specifications for proposal evaluation and contr act award criteria.
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9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence
and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner,
all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
CONTRACT PERFORMANCE
11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and
amounts specified in Section H of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
12. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax
certificate before execution of the contract. Additional information regarding the City’s business tax program
may be obtained by calling (805) 781-7134.
13. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with
all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and
adopted codes during its performance of the work.
14. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for
the performance of this work that only persons authorized to work in the United State pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance
of the work hereunder.
15. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by
changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any
other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government
restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option,
be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there
is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the
time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on
time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding
as to the causes of same.
16. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30).
17. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials
used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.
18. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any
interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of
the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor
or person having such an interest shall be employed. The Contractor certifies that no one who has or will
have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly
agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
19. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any
kind without the previous written consent of the City.
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20. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason
at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for
convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable
restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less
of a reasonable price for the raw materials, components work in progress and any finished units on hand or
the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement,
the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or
the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor
must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and
finished goods.
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SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and
Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive
proposer.
2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales
tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by
the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or subcontractors are experiencing s uch a labor action), the City reserves the right
to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next
acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the
lowest responsible, responsive proposer.
4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made
(Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a proposer's bond or security is required; and an award
may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it
were the party to whom the first award was made.
5. Supplemental Purchases. Supplemental Purchases. Supplemental purchases may be made from the
successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal
Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the
amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a
standard discount on all supplemental purchases from its generally prevailing or publ ished price structure
during the contract term, this offer and the amount of discount on a percentage basis should be provided with
the proposal submittal.
6. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal
Submittal Form, as well as any supplemental items, from other vendors during the contract term.
7. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used
in the specifications are for the purpose of describing and establishing general quality levels. Such references
are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality
of the specifications given for any item. In the event an alternate brand name is proposed, supplemental
documentation shall be provided demonstrating that the alternate brand name meets or exceeds the
requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon
the proposer, and the City shall be the sole judge in making this determination.
8. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this
RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful
proposer and received by the City within 90 days after authorization to proceed by the City.
9. Start and Completion of Work. On-call work is expected to start within 30 days of contract execusion.
10. Change in Work. The City reserves the right to change quantities of any item after contract award. If the
total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit
price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to
negotiation with the Contractor.
11. Submittal of References. Each proposer shall submit a statement of qualifications and references on the
form provided in the RFP package.
12. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
governmental agency bidding or contract disqualifications on the form provided in the RFP package.
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PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary. This is a brief written statement to explain what the contractor intends.
b. Certificate of insurance.
c. References from at least three firms for whom you have provided similar services.
d. Cost proposal sheet.
e. Acknowledgment of any issued addenda.
Qualifications
f. Experience of your company in performing work and projects relevant to the Scope of Services
outlined and described in the request.
Work Program
g. Detailed description of your approach to completing the work.
h. Services or data to be provided by the City.
i. Services and deliverables provided by the Contractor(s).
j. Any other information that would assist us in making this contract award decision.
Requested Changes to Terms and Conditions
k. The City desires to begin work soon after selecting the preferred Consultant Team. To expedite the
contracting process, each submittal shall include requested redlined changes to terms and conditions,
if necessary.
Proposal Length
l. Proposal length should only be as long as required to be responsive to the RFP, including
attachments and supplemental materials.
2. Phase 1- proposal Evaluation and Selection. Proposals will be evaluated by a review committee and
evaluated on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully performing the
work required by the City.
d. Recent team experience in successfully performing similar services.
e. Creativity of the proposed approach in completing the work.
f. Value
g. Writing skills.
h. References.
i. Background and experience of the specific individuals managing and assigned to this project.
3. Phase 2 – Oral Presentations/Interviews and Consultant Selection Finalist candidates will make an oral
presentation to the review committee and answer questions about their proposal. The purpose of this second
phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and to
evaluate the proposer’s ability to clearly and concisely present information orally. As reflected above,
contract award will not be based solely on price, but on a combination of factors as determined to be in the
best interest of the City. After evaluating the proposals and discussing them further with the finalists or the
tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or
method and amount of compensation.
4. As reflected above, contract award will not be based solely on price, but on a combination of factors as
determined to be in the best interest of the City. After evaluating the proposals and discussing them further
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with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the
proposed work and/or method and amount of compensation.
5. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
a. Advertise RFP [6/10/2021]
b. Pre-Proposal Conference (mandatory) [6/22/2021]
c. Receive proposals [7/9/2021]
d. Complete proposal evaluations [7/15/2021]
e. Conduct finalist interviews and finalize recommendation [7/22/2021]
f. Execute contract [8/1/2021]
6. Pre-Proposal Conference. A MANDATORY pre-proposal conference will be held at the following
location, date, and time to answer any questions that prospective bidders may have regarding this RFP:
City of San Luis Obispo Corporation Yard
25 Prado Road, San Luis Obispo
June 22, 2021
At 10:00AM and 2:00PM
Due to the Covid-19 pandemic, this meeting will be held outside, attendees are required to wear face coverings and
maintain CDC social distancing guidelines.
7. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in
possession of the Contractor as part of the work or services under these specifications shall become the
permanent property of the City and shall be delivered to the City upon demand.
8. Release of Reports and Information. Any reports, information, data, or other material given to, prepared
by or assembled by the Contractor as part of the work or services under these specifications shall be the
property of the City and shall not be made available to any individual or organization by the Contractor
without the prior written approval of the City.
9. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited
quantities as part of the work or services under these specifications, the Contractor shall provide such
additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of
such copies at the Contractor's direct expense.
10. Required Deliverable Products. The Contractor will be required to provide:
a. One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a
paper copy, please submit in sealed envelope to the address provided in the RFP.
b. Corresponding computer files compatible with the following programs whenever possible unless
otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as specified by City GIS staff
c. City staff will review any documents or materials provided by the Contractor and, where necessary,
the Contractor will be required to respond to staff comments and make such changes as deemed
appropriate.
ALTERNATIVE PROPOSALS
11. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will
also meet the City's project objectives but in a different way. In this case, the proposer must provide an
analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances
the City would prefer one alternative to the other(s).
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12. Attendance at Meetings and Hearings. As part of the work scope and included in the contract price is
attendance by the Contractor at up to [number] public meetings to present and discuss its findings and
recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing
work-scope tasks.
13. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and
to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake
an independent analysis of any test results in the specifications, as City does not gua ranty the accuracy of its
interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and
all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting
from any misstatements or omissions in the plans and specifications that could easily have been ascertained
by examining either the project site or accurate test data in the City's possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or
defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be
considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on
its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the
bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to
proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the
proposal.
14. To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts
provided there for in the proposal.
15. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately
notify the City in writing, and the Contractor and all subcont ractors shall continue to perform, irrespective of
whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not
a change order, time extension, or additional compensation has been granted by City. Failure to provide the
hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts
giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
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SECTION G: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on _____________, City requested proposals for Urban Forestry Pruning Services, per Project
No. 5004-2021-UFP
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said
project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from August 1, 2021 through July 31, 2025 or until termination
of the contract in accordance with this agreement.
2. INCORPORATION BY REFERENCE. City Specification No. 5004-2021-UFP and Contractor's proposal
dated [________] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The
City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. To the
extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and
conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing sig ned
by both parties.
3. Contract Extension. The term of the contract may be extended by mutual consent for an additional 2 years.
4. Cost Adjustments. During the term of the agreement, beginning July 1, 2022, contract prices shall be modified
by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban Consumers (CPI -
U) from March in the previous year to March in the year of adjustment. Under no circumstances shall the
contract price increase more than five (5) percent from the pr ior contract year.
5. Ability to Perform. The Contractor warrants that it possesses all capital and other equipment, labor, materials,
and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable
federal, state, county, city, and special district laws, ordinances, and regulations.
The Contractor's employees shall be competent and qualified to perform the specified work and shall perform
the specified work in an orderly manner. If the City's representative adv ises the Contractor that an employee
is incompetent, unqualified, or disorderly, the Contractor shall remove that employee from the specified work
for the duration of the contract. The Contractor shall not bring to the specified work locations any pets, c hildren,
or persons not employed under the contract.
6. Contractor Identification. All staff employed in the work shall wear a shirt or jacket clearly identifying the
Contractor’s company.
7. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City.
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8. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contrac t to any individual or business entity of any
kind without the previous written consent of the City.
9. Scope of Work and Levels of Service. The Contractor shall furnish services for Urban Forest Pruning as
specified in Exhibit A.
The City may periodically request additional unspecified work, such as new or replacement planting at the
various locations. For this work, the City shall pay the Contractor an amount equal to the amount provided by
the contractor as detailed is Section J, multiplied by the number of units completed or installed.
10. Work Hours. The Contractor shall perform maintenance work on weekdays (Monday through Friday) between
the hours of 7:00 a.m. and 5:00 p.m. The Contractor shall not perform any of the specified preplanned work
outside of these work hours without the previous written consent from the City’s Contract Manager. Work
within the downtown core shall be completed no later 12:00 pm (noon). Work hours will be restricted on
arterial streets to avoid high tr affic volume times. Does not apply to emergency work.
11. Traffic Control. Contractor is required to obtain a blanket encroachment permit with the City’s Public Works
Department. Traffic control plans for work on arterial and collector streets are required to be reviewed and
approved in advance of the work. Traffic Control plans shall be submitted a minimum of five (5) days in
advance of the work at the Public Works permit Counter at 919 Palm Street. Contractor shall provide proper
traffic control at times for vehicles, bicycles, and pedestrian traffic.
12. Encroachment Permits. When specified work must be completed in the medians of state highways, such as
those on Santa Rosa Street, the Contractor shall obtain and pay for any encroachment permits which may be
required from the State of California Department of Transportation. The cost of the encroachment permit shall
be reimbursed by the City.
13. Materials. The Contractor shall not use any material for the specified work without the City's prior written
approval of that material. If requested, the Contractor shall furnish to the City without charge samples of
materials for examination and testing. Irrigation shall meet current City standards.
The Contractor shall furnish to the City a list of all materials used for the specified work that are regulated by
law as toxic or hazardous. With this list the Contractor shall include a material safety data sheet for each toxic
or hazardous material. The Contractor shall train its employees in the proper handling of any toxic or hazardous
materials.
14. Inspection and Corrections. The Contractor shall furnish the City with every reasonable opportunity for City
to ascertain that the services of the Contractor are being performed in accordance with the requirements and
intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's
inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to
fulfill its contract requirements. The City Contract Manager shall be sole judge of the adequacy of the
Contractor’s maintenance and the appearance of the sites.
Upon completion of the work, the City’s Contract Manager shall inspect the work to ensure thorough quality
work. The Contractor will be notified by the City about any deficiencies, which must be corrected to the
satisfaction of the City’s Contract Manager within 10 (ten) calendar days. If the Contractor does not correct
a documented deficiency within 10 days, it shall forfeit 50 percent of price for the deficient work
performed.
15. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully
abiding by any term or condition contained herein, the City may notify t he Contractor in writing of such defect
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or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in
which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Contractor to said effect. Thereafter, neither party shall have an y further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees
or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the
Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services
or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value
of the work-in-progress in completing the overall scope of work.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in
its proposal.
If, at any time during the term of the contract, the City determines that continued contract maintenance is no
longer in the best interests of the City due to funding shortages or unforeseen circu mstances, the City reserves
the right to terminate the contract. Contractor will be paid compensation due and payable to the date of
termination.
16. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Contractor and sub-contractors shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
Copies shall be furnished if requested.
17. Release of Reports and Information. The Contractor shall not issue any news release or public relations item
of any nature, whatsoever, regarding work performed or to be performed under this contract without prior
review of the contents thereof by the City and receipt of the City’s written permission.
18. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications,
or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the
work or services under these specifications, the Contractor shall provide such additional copies as are requested,
and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct
expense.
19. Conflict of Interest. The Contractor shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Contractor shall also list current clients who may have a financial interest in the outcome of this contract, or
any ensuing City construction project which will follow.
The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Contractor further covenants that, in the performance of this work, no sub-Contractor or person having such an
interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
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of the work hereunder, the Contractor shall at all times be deemed an independent Contractor and not an agent
or employee of the City.
20. Rebates, Kickbacks or Other Unlawful Consideration. The Contractor warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
21. Covenant Against Contingent Fees. The Contractor warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
22. Compliance with Laws and Wage Rates. The Contractor shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work.
Prevailing wage is required, at a minimum, for work under this contract. The Contractor and any subcontractor
must forfeit to the City not more than $200 per day or part of a day for each worker paid less than the prevailing
wage rate and pay the worker the difference between the prevailing wage rate and the rate paid (Labor Code §
1775). The Labor Commissioner determines the amount of this penalty and bases the amount on:
1. Whether the failure to pay the correct prevailing wage rate was a good -faith mistake that the Contractor or
subcontractor promptly and voluntarily corrected upon notice
2. The prior record of the Contractor or subcontractor in meeting its prevailing wage obligations
3. The Contractor or subcontractor's willful failure to pay the correct rate of prevailing wages
The Contractor shall submit certified payroll as part of the monthly invoice submittal. Weekly payrolls must
include each employee’s:
1. Full name
2. Address
4. Work classification
5. Straight time and overtime hours worked each day and week
6. Actual wages paid for each day
7. Fringe benefits or submit a statement of fringe benefits, clearly defining which benefits are paid directly to
the employee as part of the hourly rate, and which benefits are paid into an approved program. Fringe benefit
statements must be signed by the employer or the employer’s agent certifying the fringe benefit statement is
correct and the employer has been authorized to make any payments on behalf of the employee to approved
programs.
23. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is
required to pay.
24. Permits, Licenses, and Insurance. The Contractor shall procure and maintain current, all permits, licenses,
and specified insurance, and pay all charges and fees, and file all notice s as they pertain to the completion of
the Contractor’s work. The contractor shall have and maintain the following valid State of California Licenses,
C-61/D49 Contractors License, as well as Certified Arborist on staff in good standing with the International
Society of Arboriculture. All work performed by the Contractor’s shall be performed by a certified tree worker
or equivalent.
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25. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including,
but not limited to California Civil Code Sections 2782 and 2782.8), Contractor shall indemnify, defend, and
hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or
damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the
Contractor’s performance or Contractor’s failure to perform its obligations under this Agreement or out of the
operations otherwise conducted by Contractor, including claims arising out of the City’s active or passive
negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City.
In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising
from Contractor’s performance of this Agreement, the Contractor shall provide a defense to the City
Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable
legal fees, incurred in defense of such claims.
26. The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall
not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section survives
completion of the services or the termination of this contract. The provisions of this Section are not limited by
and do not affect the provisions of this contract relating to insurance.
The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall
not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives
completion of the services or the termination of this contract. The provisions of this Section are not limited by
and do not affect the provisions of this contract relating to insurance.
27. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established
by OSHA; the California Division of Industrial Safety; and Union Pacific Railroad (UPRR) as well as the
UPRR Fire Prevent Plan.
28. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public
or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences,
temporary railings, barricades, lights, signs and other devices and take such other protective measures as are
necessary to prevent accidents or damage or injury to the public and employees.
29. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be
replaced or restored to a condition as good as when the Contractor began work.
30. Security of Work Locations. For work locations secured by locks, the City shall provide the Contractor with
the required keys. The Contractor shall properly secure these locations when specified work is completed and
shall replace or repair City property lost or damaged when locks are not properly set.
31. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage
in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons
because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.
32. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other Contractors during the contract term.
33. Contractor Invoices. The Contractor shall deliver invoices to the City accompanied with the relevant Daily
Work Logs.
34. Payment. For providing services as specified in this Agreement, City will pay and Contractor shall receive
therefore compensation for requested work in accordance with the prices included in Section J.
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35. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract
that is not disposed of by agreement shall be decided by a committee consisting of the City Contract Manager
and the City Director of Public Works, who may consider written or verbal information submitted by the
Contractor. Not later than thirty days after receipt of a written decision on any dispute by the City’s Contract
Manager, the Contractor may request review by the City Council of unresolved claims or disputes, other than
audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Public Works Director. Not later than 30 days after issuance of the
final audit report, the Contractor may request a review by the City’s Public Works Director of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the Contractor from full and
timely performance in accordance with the terms of this contract.
36. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and
Contractor shall receive therefore compensation as awarded by contract.
37. CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do
everything required by this Agreement and the said specifications.
38. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in
writing and shall be effective only upon approval by the City Engineer. If, at any time during the project, the
Contractor is directed to do work by persons other than the City Contract Manager and the Contractor believes
that the work is outside of the scope of the original contract, the Contractor shall inform the Contract Manager
immediately. If the Contract Manager and Contractor both agree that the work is outside of the work scope and
is necessary to the successful completion of the work, then a fee will be es tablished for such work based on
Contractor's hourly billing rates or a lump sum price agreed upon between the City and the Contractor. Any
extra work performed by Contractor without prior written approval from the City Contract Manager shall be at
Contractor's own expense.
39. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.
40. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as follows:
City Greg Cruce
City of San Luis Obispo, Public Works
25 Prado Road
San Luis Obispo, CA 93401
Contractor Name
Title
Address
Address
41. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone
executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
CITY OF SAN LUIS OBISPO:
By:_____________________________________
City Manager
APPROVED AS TO FORM: CONTRACTOR:
________________________________ By: _____________________________________
City Attorney Name of CAO / President
Its: CAO / President
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SECTION H: INSURANCE REQUIREMENTS
Operation & Maintenance Contracts
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property that may arise from or in connection with the performance of the work hereunder by
the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $3,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability: $3,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions 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 retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope
of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects 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 of the
Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
5. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be
endorsed to waive subrogation against the City, its elected or appointed officers, 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 subconsultants.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage.
Original endorsements effecting general liability and automobile liability coverage are also required by this clause.
Page 161 of 422
City of San Luis Obispo
Specification No. 5004-2021-UFP
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The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
Page 162 of 422
City of San Luis Obispo
Specification No. 5004-2021-UFP
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EXHIBIT A
Nearest
Address
Tree ID Species DBH
(in)
Condition Work
Type
Worker(s) Time
Spent
Comments
Poor
Fair
Good
Poor
Fair
Good
Poor
Fair
Good
Poor
Fair
Good
Poor
Fair
Good
Poor
Fair
Good
Poor
Fair
Good
Page 163 of 422
City of San Luis Obispo
Specification No. 5004-2021-UFP
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SECTION I: ACKNOWLED GMENT OF SERVICE LEVELS
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
Page 164 of 422
City of San Luis Obispo
Specification No. 5004-2021-UFP
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SECTION J : UNIT COST FORM
The Contractor will provide all labor, equipment, and materials to perform trimming services and/or install the
following items on request in accordance with City Specifications at the lump sum price of:
Description Size Unit Price
1. Full Trim Broadleaf/ Conifer Tree
Per tree pruning price shall be used for
area pruning when more than 5 trees
within a zone are requested to be
pruned.
3-6” dsh Per Tree
2. 6-12” dsh Per Tree
3. 12-18” dsh Per Tree
4. 18-24” dsh Per Tree
5. 24-30” dsh Per Tree
6. 30-36” dsh Per Tree
7. 36-42” dsh Per Tree
8. Over 42”
dsh
Per Tree
9. Washington Palm Tree Trimming
(Annually)
Any Per Tree
10. Washington Palm Tree Trimming (Every
3 years)
Any Per Tree
11. Date Palm Tree Trimming (Annually) Any Per Tree
12. Date Palm Tree Trimming (Every 3 years) Any Per Tree
13. Tree Removal n/a Per inch
dia.
14. Stump Grinding n/a Per inch
dia.
15. Furnish & Plant Tree #15 Per Tree
16. Per City Engineering Standards 24” box Per Tree
17. 36” box Per Tree
18. Three (3) Person Crew with Equipment-
Regular Time
n/a Per Hour
19. Three Person Crew with Equipment- n/a Per Hour
dsh = Diameter at Shoulder Height
Page 165 of 422
City of San Luis Obispo
Specification No. 5004-2021-UFP
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present
business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Emergency Rate (2-hour response time)
20. Certified Arborist n/a Per Hour
21. Minimum for emergency response n/a Hours
Page 166 of 422
City of San Luis Obispo
Specification No. 5004-2021-UFP
-27-
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Page 167 of 422
City of San Luis Obispo
Specification No. 5004-2021-UFP
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever
been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or f or any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on _________________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
Page 168 of 422