HomeMy WebLinkAbout06-14-2016 Item 19 Urban Forest Contract Services
Meeting Date: 6/14/2016
FROM: Daryl Grigsby, Director of Public Works
Prepared By: Ron Combs, City Arborist
SUBJECT: URBAN FOREST CONTRACT SERVICES
RECOMMENDATION
1. Approve Request for Proposal for "Urban Forestry Contract Services;" and
2. Authorize staff to advertise for proposals; and
3. Authorize the City Manager to execute agreements with the selected contractor in an amount
not-to-exceed the authorized budget.
DISCUSSION
The City’s small but versatile Urban Forest maintenance crew does a good job keeping up with
service requests and special programs. However, in order to keep up with the large workload of
block by block street tree and park tree pruning, the City has used a service contract. The
contract services augment staff work to complete pruning in advance of large paving operations,
and, in general, perform tree pruning to maintain the trees, enhance public safety, and reduce
liability for the City.
The Council also has for consideration, as part of the 2016-17 Supplemental Budget, a Capital
Improvement Plan (CIP) request to accomplish some larger scale Urban Forest work. If
approved, the Urban Forest contract would be used to accomplish the CIP work, allowing for
streamlined project delivery.
The most recent contract was awarded in August 2012 and will expire at the end of June 2016.
This Request for Proposals will provide an opportunity for other companies to compete for
providing these services.
Schedule and Selection Process
Proposals will be reviewed to determine if companies can provide a full range of services needed
and have references indicating quality service and responsiveness. Additional information may
be requested where more than one company appears to be very qualified to complete the work.
Once proposers have been ranked based on references, knowledge, and experience, proposed
costs will be reviewed to determine the best overall value for the City and provide a
recommendation for award.
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FISCAL IMPACT
The proposed 2016-2017 Financial Plan provides $48,900 annually for contract tree trimming.
This level of funding would normally provide for the City Manager to approve the advertising of
the proposal. Council approval of the RFP, instead of City Manager approval, is being requested
to account for potential CIP project work over the duration of the contract. This process ensures
spending remains in compliance with the City’s Purchasing Policy limits for CIP project work
and possible emergency response efforts. The proposed CIP project for the 2016-17 budget, if
approved, will provide an additional $215,000 for Urban Forest projects through the Local
Revenue Measure.
The tree maintenance services contract will specify prices for various types and sizes of trees.
Each year the Arborist will order tree maintenance services for specific trees to complete needed
work. If CIP project work is approved, the City Arborist will oversee completion of the project
work through the contract. This contract can also be used under emergency situations to augment
City forces.
ALTERNATIVE
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 result in a reduced frequency
of pruning, possibly increasing the City’s risk of liability for damage caused by failed trees.
Attachments:
19.a a - Urban Forestry Contract Services RFP
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Proposals for
URBAN FORESTRY CONTRACT SERVICES
Specification No. 50220-2016
June 2016
The City of San Luis Obispo is requesting sealed proposals for Tree Maintenance Services
pursuant to Specification No. 50220-2016. All proposals must be received by the Public Works
Department at 919 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on July 7, 2016.
Proposals received after said time will not be considered. To guard against premature opening,
each proposal shall be submitted to the Public Works Department in a sealed envelope plainly
marked with the proposal title, specification number, Contractor name, and time and date of
the proposal opening. Proposals must be submitted using the forms provided in the
specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Bids & Proposals page
Pick up a copy of the RFP at the above address
Mail a request to the City of San Luis Obispo Public Works Department at the above address
Requests must include the RFP title and specification number.
Project Detail Information
Project detail information may be obtained by contacting Ron Combs at (805) 781-7023.
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Urban Forestry Contract Services – 2016 Request for Proposals Page 2 of 26
Specification No. 50220-2016
TABLE OF CONTENTS
DESCRIPTION OF WORK .................................................................................................................. 3
GENERAL TERMS AND CONDITIONS ............................................................................................... 4
PROPOSAL REQUIREMENTS ................................................................................................ 4
CONTRACT AWARD AND EXECUTION ................................................................................. 5
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................ 6
PROPOSAL CONTENT .......................................................................................................... 6
PROPOSAL EVALUATION AND CONTRACTOR SELECTION .................................................. 6
Proposal Review and Award Schedule ................................................................................ 7
FORM OF AGREEMENT ................................................................................................................... 8
SCOPE OF WORK ........................................................................................................................... 17
PROPOSAL SUBMITTAL FORMS .................................................................................................... 20
ACKNOWLEDGEMENT ....................................................................................................... 20
INSURANCE CERTIFICATE .................................................................................................. 20
REFERENCES ...................................................................................................................... 21
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS .................................................... 23
CONTRACT COST PROPOSAL ......................................................................................................... 24
INSURANCE REQUIREMENTS: Operation & Maintenance Contracts ........................................... 25
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Urban Forestry Contract Services – 2016 Request for Proposals Page 3 of 26
Section A
DESCRIPTION OF WORK
The City of San Luis Obispo is soliciting proposals from qualified firms to provide annual services for
tree pruning maintenance, removal and stump grinding, and replacement of trees as needed within
the City’s Urban Forest. The City has approximately 20,000 street and park trees that comprise its
regularly maintained Urban Forest. The work load is greater than the City’s single Urban Forest crew
can accomplish.
The City wishes to supplement the Urban Forestry Program with contract services to accomplish the
work necessary to maintain the Urban Forest. The work consists primarily of tree pruning, tree
removal, stump grinding, chipping and associated traffic control and clean up. The City may also
occasionally need arborist reports, consultation on trees, assistance with inventory, tree planting,
new tree care, and emergency services.
The purpose of this contract is to provide the City of San Luis Obispo with 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, at reasonable costs. The selected firm will work closely with the City Arborist and other
City staff to ensure the most appropriate care and maintenance of the City’s Urban Forest wi th
sensitivity to the City of San Luis Obispo, its residents and visitors. The work may also include one-
time project work to address Urban Forest needs.
It is the intent of the City to award an on-call service contract to the selected firm. The City shall
reserve 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 contract will be awarded based on demonstrated ability and
performance providing similar services at a fair and reasonable cost. This contract may, or may not,
be awarded to the lowest bidder. The City Council will approve as part of the adopted Financial Plan
an annual budget for contract services in the Tree Program and any one time project funding. The
City does not guarantee a specific amount of work and the quantity of work may increase or decrease
depending on the annual needs of the Urban Forest program and adopted proj ect work by the City
Council. The City may also contract at the same time with other firms to complete similar work.
Maintenance work is outlined in detail in Agreement Exhibit A, “Scope of Work” of this specification.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all
of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue
of its proposal submittal, the Contractor 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
Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401.
In order to guard against premature opening, the proposal should be clearly labeled with the
proposal title, specification number, name of Con tractor, and date and time of proposal opening.
No FAX 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 Con tractor’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 F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Contractor may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the Public
Works Department for its withdrawal, in which event the proposal will be returned to the
Contractor unopened. No proposal received after the time specified or at any place other than
that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened
and declared publicly. Contractors or their representatives are invited to be present at the
opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested 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 Contractor submitting a proposal, or who has quoted prices on materials to such
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Contractor, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other Contractors submitting proposals.
8. 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 wil l
be permitted. However, any such oral communication shall not be binding on the City.
9. 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
alternatives, and discuss under what circumstances the City would prefer one alternative to the
other(s). If an alternative proposal is submitted, the maximum length of the proposal may be
expanded proportionately by the number of alternatives submitted.
CONTRACT AWARD AND EXECUTION
10. 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 quali fied by specific
limitations. See the "Special Terms and Conditions" in Section C of these specifications for
proposal evaluation and contract award criteria.
11. Competency and Responsibility of Contractor. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Contractors. Contractors will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
12. Contract Requirement. The Contractor to whom award is made 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.
13. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverage
and amounts specified in Section F of these specifications within 10 (ten) calendar days after
notice of contract award as a precondition to contract execution.
14. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license
and tax certificate before execution of the contract. Additional information regarding the City's
business license and tax program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. If the Contractor to whom the award is made fails to enter into the
contract the award will be annulled and an award may be made to the next highest ranked
Contractor with whom a responsible compensation is negotiated, who shall fulfill every
stipulation as if it were the party to whom th e first award was made.
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Urban Forestry Contract Services – 2016 Request for Proposals Page 6 of 26
Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
e. Standard billing rates by work item for Contractor and sub-contractors
2. Qualifications
a. Experience of your firm in performing similar services
b. Experience of the staff to be assigned to the project in performing similar services
c. Redundancy in the company of staff experienced in this type of work
d. Certifications or training of the individuals who would be assigned to this work, including any
sub-contractors
e. Statement and explanation of any instances where your firm has been removed from a project
or disqualified from proposing on a project
f. Detailed list of services available
g. Any other information that would assist us in making this contract award decision
3. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Ch arts and
other short form approaches to conveying information are encouraged.
b. 2 copies of the proposal must be submitted.
PROPOSAL EVALUATION AND CONTRACTOR SELECTION
4. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the
responsiveness, qualifications and understanding of the Contractor relative to these specification
requirements. Where one proposal is rated consistently higher than the others, the con tractor
may be selected as the top ranked Contractor for purposes of contract negotiation. Alternatively,
a group of finalist candidates (generally the top 3 to 5 five propos als) may be selected for follow-
up for additional clarifying information, before a final top ranke d Contractor is determined.
5. Contractor Selection and Compensation
Contract award will be based on a combination of factors that represent the best overall value for
completing the work as determined by the City, including: the written proposal criteria described
above; results of background and reference checks; and proposed compensation. Pending labor
actions may be grounds to disqualify proposals.
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Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP .......................................................... 06/18/16
Receive proposals ............................................ 07/07/16
Complete proposal evaluation ........................ 07/14/16
Finalize staff recommendation ........................ 07/18/16
Award contract ................................................ 07/29/16
Execute contract .............................................. 08/12/16
Start work ........................................................ 08/15/16
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, 2016]
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 June 18, 2016 the City of San Luis Obispo requested proposals for Tree
Maintenance Services per Specification No. 50220-2016.
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by
City for said services.
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 b e from August 1, 2016 to August 30, 2019 or until
termination of the contract in accordance with this agreement .
2. Contract Extension. The term of the contract may be extended by mutual consent for an
additional 3 years.
3. Compensation Adjustment. Original contract prices shall remain in effect through June 30, 2017.
During the term of the agreement, beginning July 1, 2017, contract prices may be increased 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.
4. 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 advises 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, children, or persons not employed under
the contract.
5. Contractor Identification. All staff employed in the work shall wear a shirt or jacket clearly
identifying the Contractor’s company.
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Urban Forestry Contract Services – 2016 Request for Proposals Page 9 of 26
6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted
without written authorization by the City.
7. 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.
8. Scope of Work and Levels of Service. The Contractor shall furnish services for the Urban Forest
as specified in Exhibit A.
The City may periodically request additional unspecified work, such as emergency response to
downed trees. For this work, the City shall pay the Contractor an amount equal to the employee
hours used multiplied by the accepted labor rate, equipment and material costs as shown in
Exhibit B.
9. 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 work outside of these work hours without the previous written consent from the City’s
Contract Manager. The Downtown Area work shall be completed no later than 12 noon. Work
hours will be restricted on arterial streets to avoid high traffic volume times.
10. Emergency Response. The Contractor shall be available to provide an initial response to
emergency calls from the Contract Manager or his authorized designee. The Contractor shall
secure the area initially and work with the Contract Manager to develop the workscope and
timeline.
11. Work Schedule and Submittals. At the beginning of each month the Contractor shall submit to
the City a proposed schedule showing the sites and tasks to be completed during the upcoming
month. Contractor shall submit the work and Tree Maintenance forms weekly, at the end of
every work week in which the Contractor performed work, to the Corporation Yard office, 25
Prado Road.
When submitting an invoice for work completed during a month, the Contractor shall include with
the invoice a copy of the schedule showing the actual dates when work was completed. Failure to
provide an adequate schedule or to complete and submit the weekly tree maintenance forms will
result in a forfeiture of 10% of the total monthly payment due.
12. Materials. The Contractor shall not use any material for the specified work without the City's
prior written approval of that material. The Contractor shall provide the Contract Manager 3
working days of advance notice of planting to examine plant material prior to placement .
13. Inspection and Corrections. The Contractor shall furnish the City with every reasonable
opportunity for City to ascertain that the services of th e 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
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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.
The Contractor shall make itself available to the City’s Contract Manager at least once a month to
inspect locations where work was scheduled for completion that month. The City's Contract
Manager will periodically inspect work locations and document any deficiencies in writing. Any
deficiencies will be reported to the Contractor before the end of the third week of the month for
correction.
If the Contractor does not correct a documented deficiency by the end of the month, it shall
forfeit 20% of the cost of the work performed where the deficiency occurred. If the deficiency is
not corrected within the next month, 100% of the of the cost of the work where the deficiency
occurred will be forfeited. The City will deduct such forfeiture from its next payment.
14. 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 the Contractor in
writing of such defect 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 any 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
completed.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the work, 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.
Notwithstanding anything herein to the contrary, City reserves the right to terminate this
agreement without cause and for any reason wh atsoever upon thirty (30) days prior written
notice.
15. 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
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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.
16. 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 conten ts thereof by the City and receipt of the City’s
written permission.
17. Copies of Reports and Information. If the City requests additional copies of reports, drawings, 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.
18. 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
project. The Contractor shall also list current clients who may have a financial interest in the
outcome of this contract.
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 interes t 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. 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.
20. 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 pric e or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage,
or contingent fee.
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21. 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. This
includes compliance with prevailing wage rates and their payment in accordance with California
Labor Code.
22. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
23. 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 notices as they pertain
to the completion of the Contractor’s work. The Contractor shall be a properly licensed contractor
with the State of California and have a ISA Certified Arborist on staff .
24. Traffic Control. The Contractor shall furnish all traffic control delineation required in order to
perform the specified work. Traffic control delineation shall comply with all local, state, and
federal regulations. The Contractor shall not close street lanes wit hout the City's previous written
consent. Contractor shall provide proper traffic control at all times for vehicle, bicycle, and
pedestrian travel.
25. Encroachment Permits. When specified work must be completed on 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
State Encroachment Permits required for the work, will be reimbursed by the City.
For any work within the City’s public Right-of-Way, the Contract is responsible to obtain a no cost
encroachment permit from the City.
26. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
27. 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.
28. 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.
29. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and
hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
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including injury to the Contractor's employees, agents or officers that arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the Contractor,
and its agents, officers or employees, in performing the work or services herein, and all
expenses of investigating and defending against same; provided, however, that the Contractor's
duty to indemnify and hold harmless shall not include any claims or liability arising from the
established sole negligence or willful misconduct of the City, its agents, officers or employees.
30. Immigration Act of 1986. The Contractor warrants on behalf of itself and all sub-contractors
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
31. Contractor Non-Discrimination. In the award of subcontracts or in performance of this work, the
Contractor agrees that it will not engage in, nor permit such sub -Contractors as it may employ, to
engage in discrimination in employment of persons on any basis prohibited by State or Federal
law.
32. 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. In
preparing its proposal, the Contractor and all sub-contractors named in its proposal shall bear
sole responsibility for proposal preparation errors resulting from any misstatements or omissions
in the specifications that could easily have been ascertained by examining th e project site.
Although the effect of ambiguities or defects in the specifications will be as determined by law,
any patent ambiguity or defect shall give rise to a duty of Contractor to inquire prior to proposal
submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against
the Contractor. An ambiguity or defect shall be considered patent if it is of such a nature that the
Contractor, 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 Contractor or sub-
contractors to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of
the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful Contractor to achieve the project’s objective or
standard beyond the amounts provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or
alleged ambiguity or defect in the specifications, or an y other matter whatsoever, Contractor shall
immediately notify the City in writing, and the Contractor and all sub-contractors 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 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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33. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this
proposal from other contractors during the contract term.
34. Contractor Endorsement. Technical reports shall be signed by the Contractor where required.
35. Ownership of Materials. Upon completion of all work under this contract, ownership and t itle to
all reports and documents produced as part of this contract will automatically be vested in the
City and no further agreement will be necessary to transfer ownership to the City. The Contractor
shall furnish the City all necessary copies of data needed to comp lete the review and approval
process.
The Contractor is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the information and data provided by the Contractor under
this agreement. Further, the Contractor is not liable for claims, liabilities, or losses arising out of,
or connected with any use by City of the work products except such use as may be authorized in
writing by the Contractor.
36. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, itemized by work
type. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub -
contractor invoices, similarly broken down, as supporting detail.
37. Payment. For providing services as specified in this Agreement, City will pay and Contractor shall
receive therefore compensation for individual site work in accordance with the prices included in
Exhibit B.
38. 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).
39. 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’s Project 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
completion of all deliverables necessary to complete the plans, specifications and estimate, 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 Chief Fiscal Officer. Not la ter than 30
days after issuance of the final audit report, the Contractor may request a review by the City’s
Chief Fiscal Officer 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.
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40. Agreement Parties.
City: Ron Combs / Contract Manager
City of San Luis Obispo
25 Prado Road
San Luis Obispo, CA 93401
Contractor: Name / Contract Manager
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by
registered or certified mail addressed as shown above.
41. Incorporation by Reference. City Request for Proposal Specification No. 50220-2016 and
Contractor's proposal dated July 7, 2016, are hereby incorporated in and made a part of this
Agreement.
42. Amendments. Any amendment, modification or variation from the terms of this Agreement sh all
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 ’s 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 original scope and is necessary to the
successful completion of the project, then a fee will be established 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’s Contract Manager shall be at Contractor's own expense.
43. 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. 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, the said specification
and incorporated documents.
Authority to Execute Agreement. Both City and Contractor do covenant that each individual
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: CONTRACTOR:
Name of Company
Katie Lichtig, City Manager By:
[Name of CAO/President]
Its: CAO / President
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
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Exhibit A to Agreement
SCOPE OF WORK
All tree pruning shall comply with 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.
1. Overall Description of Primary Work
a. Furnish all labor, materials, equipment, and incidental items required to lawfully perform the
tree maintenance tasks described in this section within areas assigned by the City
representative.
b. Comply fully with this specification.
2. Street and Sidewalk Clearances
a. Elevate trees where necessary to provide the following vertical clearances:
(1) Eight feet over residential sidewalks
(2) Twelve feet over residential streets
(3) Ten feet over commercial sidewalks
(4) Fourteen feet over commercial streets
3. Broadleaf and Conifer Trees
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.
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 Urban Forest Supervisor/City Arborist or designee who shall have
the discretion to change or modify specifications to suit special situations.
4. Palm Trees
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.
5. Quality and Care
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
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Arborist.
6. 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. Contract 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 5 days in advance of the work at the Public Works permit counter at 919 Palm.
7. Cleanup
a. Remove all equipment, materials, and debris from the worksite at the end of each workday.
Work includes sweeping of debris to prevent it from entering stormdrain inlets.
b. Where working over a stormdrain inlet, cover inlet to prevent debris entry until work is complete.
c. Dump all wood and clean chips (except palm fronds) at a specified location within the City
Corporation Yard.
d. Dispose of all other debris in accordance with City, State and Federal laws.
8. 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 to verify “No Parking “ signs are posted to allow
towing.
9. Maintenance
a. Provide regular watering throughout the year, based on weather, to maintain newly planted trees
in a healthy condition.
b. Provide minor structural pruning to newly planted trees
c. Maintenance duration is typically 3 years unless otherwise directed by the Arborist
10. Documentation of Work
a. Complete Tree Maintenance form furnished by City of San Luis Obispo for all work performed.
References
ANSI A300 (Part 1)-2001 Pruning: Tree Care Operations - Tree, Shrub and Other Woody Plant
Maintenance - Standard Practices (revision and redesignation of ANSI A300-1995, includes
supplements). American National Standards Institute, Washington, DC.
ANSI Z133.1–2006. Standards for Arboricultural Operations: Safety Requirements. American National
Standards Institute, Washington, DC.
Best Management Practices: Tree Pruning. 2002. Gilman, E. and S. Lilly. International Society of
Arboriculture. Champaign, Il.
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Urban Forestry Contract Services – 2016 Request for Proposals Page 19 of 26
Tree Maintenance Form Work Date: ______________________________
Draw on attached map the following symbols: X Remove Tree - How many trees were removed?_____ O Add Tree - How many trees were added?_____
Street Address Species DSH (in) Condition Work Type* Worker(s) Time Spent Comments
*Work Type: Regular Prune, Partial Prune – Clearance/ Disease / Limb / Hazard, Remove Fallen Tree, Remove Stump, Root Prune, Plant Tree, Spray
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 50220-2016
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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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
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
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Urban Forestry Contract Services – 2016 Request for Proposals Page 23 of 26
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Contractor 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 viola tion of law, a safety
regulation, or for 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 Contractor Representative
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Urban Forestry Contract Services – 2016 Request for Proposals Page 24 of 26
Exhibit B to Agreement
CONTRACT COST PROPOSAL
The Cost Proposal should be separated from the remainder of the proposal and submitted in a
separate sealed envelope.
Description: Size: Unit: Unit Price:
1. Full Trim Broadleaf / Conifer Tree 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 Any Per tree
10. Date Palm Tree Trimming Any Per tree
11. Tree Removal n/a Per inch dia.
12. Stump Removal n/a Per inch dia.
13. Furnish & Plant Tree - #15 Per tree
14. Per City Engineering Standards 24” box Per tree
15. 36” box Per tree
16. Maintenance (newly planted tree watering
& minor pruning) (Expected number of
trees: 10-40)
#5 to 48” box Per tree –
monthly Unit
Price
17. Root Pruning n/a Per linear foot
18. GPS Tree Inventory n/a Per site
19. Three Person Crew with Equipment –
Regular time
n/a Per hour
20. Three Person Crew with Equipment –
Overtime
n/a Per hour
21. Certified Arborist n/a Per hour
22. Minimum for emergency response n/a Hours
Additional items or charges:
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Urban Forestry Contract Services – 2016 Request for Proposals Page 25 of 26
Section F
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 which 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: $2,000,000 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: $1,000,000 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. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. 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.
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Urban Forestry Contract Services – 2016 Request for Proposals Page 26 of 26
5. 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.
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. 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.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
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