Agenda packet — Glendora City Council, July 9, 2024 (part 2 of 4)

Table of Contents

1. OVERVIEW ............................................................................................................................................ 5

1.1. GENERAL BACKGROUND ............................................................................................................................. 5

1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS ............................................................................................. 5

1.3. DISCREPANCIES OR OMISSIONS .................................................................................................................... 5

1.4. CONTINGENCIES ........................................................................................................................................ 6

1.5. QUESTIONS AND CLARIFICATIONS ................................................................................................................. 6

1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION ................................................. 6

1.7. BRAND NAMES ......................................................................................................................................... 6

1.8. KNOWLEDGE OF REQUIREMENTS .................................................................................................................. 7

1.9. RESERVATION OF RIGHTS ............................................................................................................................ 7

1.10. CALIFORNIA'S PUBLIC RECORDS ACT ............................................................................................................. 8

2. MINIMUM REQUIREMENTS ................................................................................................................. 8

2.1. BUSINESS LICENSE ...................................................................................................................................... 8

2.2. PREVAILING WAGES ................................................................................................................................... 8

2.3. REPRESENTATIVES ...................................................................................................................................... 9

2.4. EMPLOYEE CONDUCT................................................................................................................................ 10

3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS ........................................................... 10

3.1. COVER LETTER / INTRODUCTION ................................................................................................................ 11

3.2. TABLE OF CONTENTS ................................................................................................................................ 11

3.3. EXECUTIVE SUMMARY .............................................................................................................................. 11

3.4. EXPERIENCE ............................................................................................................................................ 11

3.5. THIRD-PARTY / SUBCONTRACTORS ............................................................................................................. 11

3.6. STAFF BIOGRAPHIES ................................................................................................................................. 12

3.7. PROPOSAL RESPONSE ............................................................................................................................... 12

3.8. EXHIBITS A THROUGH H ............................................................................................................................ 12

3.9. NON-DISCLOSURE CONFLICT OF INTEREST .................................................................................................... 12

3.10. PROFESSIONAL SERVICE AGREEMENT .......................................................................................................... 13

3.11. ACKNOWLEDGEMENT OF INSURANCE .......................................................................................................... 13 Item #13. Page 38
Meeting Date: 7/9/2024 / Packet Page #: 184
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 3 of 32 ends

3.12. ADDENDUM ACKNOWLEDGEMENT .............................................................................................................. 13

3.13. DEBARMENT AND SUSPENSION .................................................................................................................. 13

3.14. PARTICIPATION CLAUSE ............................................................................................................................ 14

3.15. SIGNATURE OF AUTHORITY ........................................................................................................................ 14

3.16. COMPANY REFERENCES............................................................................................................................. 14

3.17. LINE-ITEM PRICING .................................................................................................................................. 14

4. SCOPE OF SERVICES ................................................................................................................. 14

4.1. PURPOSE ............................................................................................................................................. 14

4.2. CONSULTANT RESPONSIBILITIES AND SCOPE OF WORK ................................................................................... 16

4.2.1. TREE INVENTORY & CANOPY ANALYSIS SERVICES .......................................................................................... 17

4.2.2. URBAN FOREST MANAGEMENT PLAN SERVICES ............................................................................................ 17

4.3. MINIMUM QUALIFICATIONS ...................................................................................................................... 19

4.4. CONTRACT TERM ..................................................................................................................................... 20

5. EVALUATION AND CONSULTANT SELECTION PROCESS ............................................................. 20

5.1. INITIAL SCREENING ................................................................................................................................... 20

5.2. EVALUATION ACTIVITIES ........................................................................................................................... 20

5.3. COST EVALUATION ................................................................................................................................... 21

5.4. REFERENCE CHECKS .................................................................................................................................. 21

5.5. DEMONSTRATIONS/ INTERVIEWS ............................................................................................................... 22

5.6. FINANCIAL DOCUMENTATION .................................................................................................................... 22

5.7. BEST AND FINAL OFFER ............................................................................................................................. 22

5.8. CONSULTANT SELECTION ........................................................................................................................... 22

5.9. LETTER OF INTENT TO AWARD .................................................................................................................... 23 “EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT” .... 24 “EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY”......................................... 25 “EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED” ................................................................................. 26 “EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT” ................................................................................... 27 “EXHIBIT E, DEBARMENT AND SUSPENSION CERTIFICATION FORM”....................................................... 28 “EXHIBIT F, PARTICIPATION CLAUSE” ..................................................................................................... 29 Item #13. Page 39
Meeting Date: 7/9/2024 / Packet Page #: 185
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

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“EXHIBIT G, SIGNATURE OF AUTHORITY” ............................................................................................... 30 “EXHIBIT H” REFERENCES WORKSHEET .................................................................................................. 31 Item #13. Page 40
Meeting Date: 7/9/2024 / Packet Page #: 186
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

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1. OVERVIEW

1.1. GENERAL BACKGROUND
The City of Rancho Cucamonga (hereinafter “City”) is inviting qualified Consultants (hereinafter “Consultant”) to submit a proposal response for Request for Proposals (“RFP”) #21/22-011 for Consultant Services for The Development of A Comprehensive Urban Forest Management Plan in accordance with the minimum Scope of Services and Specifications indicated herein.

Consultants wishing to participate in the RFP solicitation must be registered as a Consultant on Planet Bids through the City website at https://www.Cityofrc.us/your-government/procurement. Only those responses received from registered Consultants will be accepted. Responses must be submitted by the named Consultant that has downloaded the RFP, this information is indicated in the bid system and provides the ability to tabulate the responses in accordance with the named Consultants. Submitting a response under a Consultant name that does not appear to be on the Prospective Bidders list will be deemed as non-responsive and disqualify said response from further consideration.

1.2. PROPOSAL DELIVERY AND SCHEDULE OF EVENTS
Complete RFP responses must be received electronically via Planet Bids prior to the due date and time specified in the below Schedule of Events. Please note, there will be no paper responses accepted. The City shall not be responsible for any delays by transmission errors.

Schedule of Events
Event Description Date & Time
Post RFP April 20, 2022
Questions Due May 11, 2022, 9:00 am
Addendum Issued May 17, 2022
RFP Response Due Date May 25, 2022, 9:00 am
(The City reserves the right to change schedule of events without prior notice or responsibility to Consultant.)

1.3. DISCREPANCIES OR OMISSIONS
Consultants finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing electronically via Planet Bids. The City bears no responsibility for oral instructions or representations. Addenda to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP.

Item #13. Page 41
Meeting Date: 7/9/2024 / Packet Page #: 187
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 6 of 32 ends

1.4. CONTINGENCIES
This RFP should not be considered as a contract to purchase goods or services but is a Request for Proposal in accordance with the terms and conditions herein and will not necessarily give rise to a Contract. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a contract based on the RFP response(s) that are pursued should the City decide to do so.

Completion of this RFP form and its associated appendices are a requirement. Failure to do so may disqualify your RFP response submittal. Consultants must submit signed RFP responses by the due date and time as specified herein. Consultants will be considered non-responsive if the above requirements are not submitted as requested.

Any scope of services, contingencies, special instruction and/or terms and conditions applicable to this RFP and any purchase order derived thereafter shall be effective as of the issue date of a purchase order for the requested work (the “Effective Date”), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written agreement signed by both parties.

1.5. QUESTIONS AND CLARIFICATIONS
All questions or clarification requests must be submitted directly through the City’s bid system no later than the due date and time indicated in the above Schedule of Events. Answers and/or clarifications will be provided in the form of an Addendum and will be posted for download from the City ’s bid system in accordance with the above “Schedule of Events”.

From the issuance date of this RFP until a Consultant is awarded, Consultants are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of Ruth Cain, CPPB, Procurement Manager, the designated representative of the City of Rancho Cucamonga.

1.6. DISPOSITION OF MATERIAL AND CONFIDENTIAL OR PROPRIETARY INFORMATION All materials submitted in response to this RFP solicitation will become the property of the City and will be returned only at the City ’s option and at the expense of the Consultant submitting the RFP response. A copy of the RFP response will be retained for official files and become a public record. Any material that a Consultant considers as confidential but does not meet the disclosure exemption requirements of the California Public Records Act may be made available to the public regardless of a notation or markings of confidentiality or otherwise.

1.7. BRAND NAMES
Item #13. Page 42
Meeting Date: 7/9/2024 / Packet Page #: 188
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 7 of 32 ends

Any reference to brand names and/or numbers in the solicitation is intended to be descriptive, but not restrictive, unless otherwise specified. RFP responses offering equivalent items meeting the standards of quality specified may be considered, unless other specified, providing the RFP response clearly describes the article offered and how it differs from the referenced brand. Unless a Consultant specifies otherwise, it is understood that the Consultant is offering a referenced brand item as specified in the solicitation. The City reserves the right to determine whether a substitute offer is equivalent to and meets the standards of quality indicated by the brand name references, and the City may require the supply of additional descriptive material and a sample.

1.8. KNOWLEDGE OF REQUIREMENTS
The Consultant shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the RFP response. Failure to examine any documents, drawings, specifications, or instructions will be at the Consultant’s sole risk.

Consultants shall be responsible for knowledge of all items and conditions contained in their RFP responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Consultants by way of addenda to Planet Bids; however, it is the Consultant’s responsibility to ascertain that the RFP response includes all addenda issued prior to the RFP due date.

1.9. RESERVATION OF RIGHTS
The issuance of this RFP does not constitute an agreement by the City that any contract will be entered by the City. The City expressly reserves the right at any time to:
• Waive or correct any defect or informality in any response, RFP, or RFP procedure. • Reject any or all RFPs.
• Reissue a Request for RFPs.
• Prior to submission deadline for RFPs, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the RFPs. • The City recognizesthat price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. • The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Consultants who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued.

Item #13. Page 43
Meeting Date: 7/9/2024 / Packet Page #: 189
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 8 of 32 ends

• The City reserves the right to inspect the Consultant’s place of business prior to award or at any time during the contract term or any extension thereof, to determine the Consultant’s capabilities and qualifications.

1.10. CALIFORNIA'S PUBLIC RECORDS ACT
The City complies with the California Public Records Act, Government Code Section 6250 et seq, Public records are open to inspection always during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.

Neither an RFP in its entirety, nor proposed prices shall be considered confidential and proprietary.

Notwithstanding the foregoing, companies are hereby notified that all materials submitted in response to this RFP are subject to California's Public Records Act. The City 's receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by the City or any obligation or duty to prevent the disclosure of any such information except as required by Government Code Section 6253.

Companies who submit information they believe should be exempt from disclosure under the Public Records Act shall clearly mark each document as confidential, proprietary or exempt, and state the legal basis for the exemption with supporting citations to the California Code. Pursuant to California Law, if the information is requested under the Public Records Act, the City shall make a final determination if any exemption exists for the City to deny the request and prevent disclosure. The City will withhold such information from public disclosure under the Public Records Act only if the City determines, in its sole discretion, that there is a legal basis to do so.

2. MINIMUM REQUIREMENTS

2.1. BUSINESS LICENSE
A selected Consultant awarded a contract shall be required to obtain a Rancho Cucamonga Business License no later than five (5) business days from notification of award prior to being issued a Purchase Order. A selected Consultant must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request throughout the term of the Contract.

2.2. PREVAILING WAGES
Item #13. Page 44
Meeting Date: 7/9/2024 / Packet Page #: 190
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 9 of 32 ends

Where labor is required for a public work as a part of any requirement covered by this RFP, pursuant to the provisions of the Labor Code of the State of California and/or the federal Davis-Bacon Act, a selected Consultant(s) shall pay no less than those minimum wages unless an exemption applies. In certain cases, an exemption from the prevailing wage requirement may apply to the scope of work. (See Cal. Labor Code § 1720(c)(1), (5); 42 USC § 5310(a). However, the City makes no representations in this RFP that such an exemption will apply or that prevailing wages will not be required for a scope of work covered by this RFP.

2.3. REPRESENTATIVES
Should a selected Consultant require the services of a third-party to complete the Scope of Services indicated in this RFP, the awarded Consultant will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof. Any attempt by the awarded Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

The awarded Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services including Consultant’s subcontractor. All Services shall be performed by the awarded Consultant or under the awarded Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by state and local law to perform such services.

The awarded Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the services.

In case of default by the Consultant, the City may take the following actions which shall include but not be limited to; cancellation of any purchase order, procurement of the articles or service from other sources and may deduct from unpaid balance due to the Consultant, or may bill for excess costs so paid, and the prices paid by the City shall be considered the prevailing market prices paid at the time such purchase is made, withholding of payment until final resolution. Cost of transportation, handling, and/or inspection on deliveries, or Consultants for delivery, which do not meet specifications, will be for the account of the Consultant.

City Representative:

For the purposes of this Agreement, the contract administrator and City ’s representative shall be William Wittkopf, Public Works Services Director, or such other person as designated in writing by City (“City ’s Representative”). It shall be the Consultant’s responsibility to assure that City ’s Representative is kept informed of the progress of the performance of the services, and the Consultant shall refer any decisions that must be Item #13. Page 45
Meeting Date: 7/9/2024 / Packet Page #: 191
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 10 of 32 ends

made to the City Representative. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

Consultant Representative:

The response to this RFP shall designate the representative of the Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability, and reputation of the Consultant’s Representative will be a substantial inducement for City to enter into an Agreement with the Consultant. Therefore, the Consultant’s Representative shall be responsible during the term of any Agreement for directing all activities of Consultant and devoting enough time to personally supervise the services hereunder. The successful Consultant may not change the Consultant’s Representative without the prior written approval of City ’s Representative.

2.4. EMPLOYEE CONDUCT
All Consultant personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Consultant’s personnel shall be subject to oversight by City staff. Under no circumstances shall the Consultant’s or Consultant’s sub-contractor personnel be deemed as employees of the City. Consultant or Consultant’s subcontractor personnel shall not represent themselves to be employees of the City.

Consultant's personnel will always make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City and City employees. The Consultant's personnel shall be required to work in a pleasant and professional manner with City employees, outside Consultants and the public. Nothing contained in this RFP shall be construed as granting the Consultant the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order.

3. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS
Completion of this RFP form and its associated Exhibits are a requirement. To be considered responsive and evaluate RFP responses fairly and completely Consultants must comply with the format and submission requirements set out in this RFP, and provide all information requested. Failure to comply with this instruction will deem said RFP response as non-responsive and will not receive further consideration in the evaluation process.

If only one RFP response is received, the City reserves the right to discard the response, re-bid or proceed with an RFP review and negotiations.

Item #13. Page 46
Meeting Date: 7/9/2024 / Packet Page #: 192
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 11 of 32 ends

RFP responses are due on the date and time indicated in the above schedule of events. Submittals shall be submitted electronically via Planet Bids; no paper RFP responses will be accepted. RFP responses must include the information required by this RFP.

3.1. COVER LETTER / INTRODUCTION
RFP responses must include the complete name and address of Consultant and the name, mailing address, and telephone number of the contact person regarding the RFP response. A signature by an authorized representative must be included on each RFP response. Said signature will be considered confirmation of the Consultants ability and willingness to comply with all provisions stated herein.

3.2. TABLE OF CONTENTS
The Table of Contents must be a comprehensive listing of the contents included in your RFP response. This section must include a clear definition of the material, exhibits and supplemental information identified by sequential page numbers and by section reference numbers. Each section of the RFP response will be separated by a title page at the beginning of each section.

3.3. EXECUTIVE SUMMARY
The Executive Summary shall condense and highlight the contents of the Consultant’s RFP response to provide the Evaluation Committee with a broad understanding of the Consultant’s approach, proposal, experience, and staffing.

3.4. EXPERIENCE
The Consultant shall provide a concise statement demonstrating the Consultant’s qualifications, experience, expertise, and capability to perform the requirements of this RFP. Provide a brief history of your company, including;
• The number of years in business,
• The firm’s service commitment to customers,
• If the firm is involved in any pending litigation that may affect its ability to provide its proposed solution or ongoing maintenance or support of its products and services. • A statement as to whether your firm is an individual proprietorship, partnership, corporation, or private nonprofit firm, and the date your company was formed or incorporated.

3.5. THIRD-PARTY / SUBCONTRACTORS
If the Consultant intends to subcontract, a detailed list of any sub-contractors, partners, or third-party Consultants who will be involved in the implementation of the proposed services including but not limited to:

Item #13. Page 47
Meeting Date: 7/9/2024 / Packet Page #: 193
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 12 of 32 ends

• Description of the Consultant’s experience with each of the proposed subcontractors, • Three (3) customer references for each subcontractor to include references names, addresses, and telephone numbers, for products and services like those described in this RFP, • Describe the specific role of each.

3.6. STAFF BIOGRAPHIES
Submit the resumes of the individuals who will be performing the services for the City. Resumes shall be formatted in the following order:
• Position with the Company,
• Length of time with the Company,
• Licenses, registrations, and certifications as required by law to perform the Scope of Work described herein,
• Educational background,
• Role in the Project,
• Experience with the minimum requirements stated herein, • Work history on similar or like projects with the other municipalities.

3.7. PROPOSAL RESPONSE
Under this section Consultants shall provide a full, detailed response to the City ’s Scope of Services listed herein.

Consultants should be as thorough as possible in their response as it may be the only opportunity to convey information regarding your business, ability, and qualifications to complete the services needed.

3.8. EXHIBITS A THROUGH H
The following named Exhibits A through H are a requirement and must be complete and signed where required.

Exhibits are not to be included in your proposal response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – G, H. Failure to comply with this instruction will deem your RFP submittal as non-responsive.

3.9. NON-DISCLOSURE CONFLICT OF INTEREST
Specify any possible conflicts of interest with your current clients or staff members and the City. A signed “Exhibit A, Conflict of Interest and Non-Disclosure Agreement” included herein must be submitted under the Planet Bid Response Types, Exhibits A – G, H.

Item #13. Page 48
Meeting Date: 7/9/2024 / Packet Page #: 194
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 13 of 32 ends

3.10. PROFESSIONAL SERVICE AGREEMENT
In addition to the acceptance of the City ’s Terms and Conditions, the successful Consultant will be required to enter into a Professional Services Agreement (“PSA”) with the City, a “Sample” of which is attached in the City ’s bid system for review. All requirements of said PSA must be completed by the successful Consultant and signed by both applicable parties prior to any services being rendered. This RFP sets forth some of the general provisions which may be included in the final PSA. In submitting a response to this RFP, Consultant will be deemed to have agreed to each clause unless otherwise indicated in “Exhibit B, Professional Services Agreement Exceptions Summary” and the City agrees to either accept the objection or deviation or change the PSA language in writing. Failure to raise any objections at the time of this RFP response submittal will result in a waiver of objection to any of the contractual language in the PSA at any other time. The signed Exception Summary must be submitted in Planet Bids system under the Response Types tab “Exhibits A – G, H”.

3.11. ACKNOWLEDGEMENT OF INSURANCE
Consultants must meet all insurance requirements as outlined in the Professional Services Agreement. Ability to comply with said requirements must be indicated with signature of “Exhibit C, Acknowledgement of Insurance Requirements and Certification of Ability to Provide and Maintain Coverages Specified”. The awarded Consultant will be responsible for providing the required Certificates of Insurance and must be the Named Insured on the Certificates. Certificates of Insurance from any other entity other than the awarded Consultant, will not be accepted. The signed Acknowledgement of Insurance must be submitted under the Planet Bid Response Types, Exhibits A – G, H.

3.12. ADDENDUM ACKNOWLEDGEMENT
The Consultantshall hereby acknowledge they have received all posted Addendums, if any. It is the Consultant’s responsibility to log into the Bid System to identify and download the number of addenda that have been posted. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. Consultants must indicate their acknowledgement of any Addendums by way of signature on “Exhibit D, Addendum Acknowledgement” and must be submitted under the Planet Bid Response Types, Exhibits A – G, H.

3.13. DEBARMENT AND SUSPENSION
Bidding Consultants must verify by way of signature to “Exhibit E, Consultant Certification Form” that they are not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed subcontractors are tax delinquent with the State of California. The signed exhibit must be submitted under the Planet Bid Response Types, Exhibits A – G, H.

Item #13. Page 49
Meeting Date: 7/9/2024 / Packet Page #: 195
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 14 of 32 ends

3.14. PARTICIPATION CLAUSE
Consultants shall provide a completed “Exhibit F, Participation Clause”, must be submitted under the Planet Bid Response Types, Exhibits A – G, H. This will indicate a Consultants agreement to or not to allow other entities to utilize the RFP response and awarded contract as a piggyback option.

3.15. SIGNATURE OF AUTHORITY
“Exhibit G”, Signature of Authority must be submitted under the Planet Bid Response Types, Exhibits A – G, H.

Unsigned RFP responses will not be accepted. The Signature of Authority declares that the Consultant has carefully examined the instruction indicated herein including all terms and condition and specifications, and hereby proposes and agrees, if the Consultants RFP response is accepted, Consultant agrees to furnish all material in accordance with the instruction and specifications in the time and manner prescribed for the unit cost amounts set forth in the Consultants RFP response.

3.16. COMPANY REFERENCES
Provide a minimum of four (4) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed within the past three (3) years. “Exhibit H, Reference Worksheet”, must be complete and uploaded into the Planet Bid system under the “Response Type” section identified as “Exhibit H”. While the Reference Worksheet accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the “Response Type, Exhibit H” in Planet Bids.

3.17. LINE-ITEM PRICING
Line-item pricing for this RFP must be provided directly in the Planet Bids system under the “Line Items” tab.

This pricing is not an estimate and is firm fixed price for each item listed. Consultant’s pricing quotes outside of the pricing listed in Planet Bids under the “Line Items” tab will not be accepted or considered for award. Any additional cost required should be noted in the additional cost line item and a summary of the cost provided in the notes section of the line item. While Line-item pricing accompanies your RFP response it is not to be discussed in any other area of the RFP response other than the “Line Item” tab in Planet Bids. The City will not be obligated to any estimated pricing or pricing not identified in the “Line Item” tab in Planet Bids. Failure to provide the required Line-Item pricing in the required format will cause Consultants RFP response to be considered as non-responsive and be eliminated from proceeding any further in the process. Any questions or clarifications regarding how to correctly submit Line-Item pricing should be submitted by the “Questions Due” date and time indicated in the schedule of events.

4. SCOPE OF SERVICES

4.1. PURPOSE
Item #13. Page 50
Meeting Date: 7/9/2024 / Packet Page #: 196
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 15 of 32 ends

The City of Rancho Cucamonga seeks a qualified, professional consultant team to develop a robust Urban Forest Management Plan (UFMP), tree ordinances, city tree inventory, tree canopy analysis, and locationspecific species policies. These shall incorporate urban forest management best practices, including meeting or exceeding the Greenhouse Gas (GHG) emission reduction goals set by the City’s Climate Action Plan, wildfire prevention, and a long-term citywide tree canopy cover goal. The UFMP will evaluate the current health of the urban forest and document the types, condition, and distribution of trees within the City and its sphere of influence. The canopy analysis shall also identify opportunities for urban forest expansion for both public and private trees. The UFMP shall provide the City with a long-term plan to manage the citywide urban forest and include comprehensive tree ordinances. The UFMP shall be a comprehensive guide for the City’s urban forest management over the next 50 years.

Specific objectives to be addressed in the UFMP include, but are not limited to:
• Developing a comprehensive city tree inventory, including tree canopy mapping and analysis for the City of Rancho Cucamonga that incorporates existing data. • Provide recommendations to overturn and replenish the declining canopy in older residential neighborhoods and commercial corridors.
• Recommend a tree removal and replacement cycle for species maintained by the City. • Strategies to incentivize tree planting and maintenance throughout the community including disadvantaged areas.
• Strategies to address topped and previously unmaintained or poorly maintained trees. • Develop community feedback, build a consensus, and a vision from community stakeholders regarding a desirable, achievable, and sustainable future urban forest. • Conduct a series of community outreach efforts and resident surveys. • Review existing plans, documents, regulations and ordinances and provide feedback, thoughts, and recommendations to City staff to ensure the UFMP is integrated into City processes in order to protect the urban forest.
• Provide tree preservation ordinance language and options for effective enforcement of a tree preservation ordinance for community, private, and commercial trees. • Recommend tree species and create an urban tree palette for development within the city for mixeduse, residential, commercial, and industrial development. • Integrate State and Fire District defensible space requirements and standards for the Wildland-Urban Interface Fire Area into the UFMP.
• Strategies to mitigate tree and infrastructure conflicts around streets, sidewalks, and utilities. Prepare a Street Tree Plan for tree species in the public right-of-way. • Identify tree care, best maintenance practices, and establish a city grid pruning cycle. • Assist with the adoption of the UFMP and tree preservation ordinances through Planning Commission and City Council meetings.

Item #13. Page 51
Meeting Date: 7/9/2024 / Packet Page #: 197
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 16 of 32 ends

The City does not have a comprehensive tree preservation ordinance nor a comprehensive plan to preserve, expand, or manage the urban forest which results in canopy loss and missed urban forestry opportunities. As the City population expands and climate change becomes a larger issue, there appears to be increased interest from the community to preserve and plant trees along with managing and possibly replacing trees that are of ages and species that are creating a wildfire hazard. The UFMP represents a cross-departmental initiative that will build on planning efforts such as the newly adopted General Plan, the Etiwanda Heights Neighborhood and Conservation Plan, and the Climate Action Plan. Collaborating departments include the Public Works Services Department, the Planning Department, Engineering Services, the City Attorney, the Community Affairs Team, Community Improvement, the Department of Innovation & Technology, and the Rancho Cucamonga Fire District, along with numerous supporting entities, organizations, and community stakeholders.

4.2. CONSULTANT RESPONSIBILITIES AND SCOPE OF WORK
The UFMP shall be a comprehensive guide for the City’s urban forest management over the next 50 years. It shall be used to mitigate future state mandates, carbon sequestration, drought, urban heat effects, and wildfires. It will be used to set policy for tree planting, removal, and trimming. The consultant will develop the UFMP through engagement and outreach with City and Fire District staff, stakeholders, and the community.

Work to be performed by the consultant personnel includes but are not limited to the following Scope of Work:
• The UFMP must be completed within a twelve (12) month period from the first kick-off meeting, and any code changes to the municipal code should be completed within a three (3) month period after completion of the UFMP.
• The project area includes the entire City of Rancho Cucamonga and its sphere of influence. • At minimum, monthly meetings are required to keep City staff informed as the UFMP progresses. • Consultant shall maintain a current "Action Item" list as meetings occur. • Consultant shall provide and maintain a "Critical Path" project schedule. This schedule shall be updated by the Consultant as appropriate.
• Consultant shall work with City staff to obtain GIS information that is useful to this project. • Consultant shall prepare 1 administrative draft document and 1 public review document. All draft documents shall be produced in a graphic format with text in an editable Word document for easy review/editing.
• Consultant shall provide the City with a cost proposal by task for the work to be performed. • Consultant shall provide and an electronic version in digital and print ready formats as well as all final source files, which will become property of the City.

Item #13. Page 52
Meeting Date: 7/9/2024 / Packet Page #: 198
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 17 of 32 ends

4.2.1. TREE INVENTORY & CANOPY ANALYSIS SERVICES
The consultant will review and integrate existing City tree ESRI GIS Database information (the current City tree-maintained inventory consists of 77,005 tree locations) and conduct an inventory of all trees located on public property such as sidewalks, streets, medians, public-right of way, public parks, and other accessible City-owned property. The City ESRI GIS Database also includes privately maintained trees in the public rightof-way and the analysis shall include trees located outside of public property within city limits. Trees in wetland corridors need to be inventoried and included in the canopy analysis. The inventory will include, but will not be limited to, collection of data within City limits and the sphere of influence. Data/Inventory will be collected in a form compatible with the City’s existing ESRI GIS database requirement to facilitate long-term management of data by City staff.

The consultant will complete a canopy analysis that provides information on urban forest structure (i.e. species composition, number of trees, tree density, tree health, and other characteristics) that includes trees located outside of public property within city limits and can be geographically segmented. The analysis shall integrate existing data sets from the City GIS inventory as well as add new findings. Consultant shall recommend and create additional analysis of tree canopy on private property, in wetlands corridors, and in designated conservation areas. This analysis will include any other assessments to identify areas of opportunity for planting trees such as by removing concrete/sidewalks, or through planting trees on private property, residential front yards, business complexes, schools, churches and in other strategic areas. This analysis will also include assessments specific to current wildfire hazard reduction and future wildfire hazard management by assessing the community and climate value of fire prone trees, aging and decaying Eucalyptus windrows, and non-producing citrus groves. The canopy analysis shall integrate the understanding of climate change, by incorporating urban heat island effects and average land surface temperature, to inform how urban forest management and expansion activities can mitigate heat impacts. It will also provide information on species composition and age and include wildfire risk assessment based in part on age, species composition, and location relative to the Wildland-Urban Interface Fire Area. Consultant will integrate any existing and historical data which may require collaboration with City staff involved in relevant projects and datasets.

The consultant will determine the optimal size and species of trees to plant in strategic locations for safety and care, maximum greenhouse gas absorption, economic impact, cultural benefit, and wildfire safety. The data will be later used by City staff to design future replanting projects and create/update policies. The resulting analysis will be integrated throughout the public outreach process and function as a primary resource for recommendations and goals for the UFMP.

4.2.2. URBAN FOREST MANAGEMENT PLAN SERVICES
Item #13. Page 53
Meeting Date: 7/9/2024 / Packet Page #: 199
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 18 of 32 ends

The UFMP will be led by a science based, community driven process. The plan will identify a fifty (50) year plan to enhance the urban forest with meaningful and achievable goals. The plan will identify long-term canopy goals that are compatible with the various planning areas within the city and its sphere of influence.

Components of the plan will include an analysis of the current condition of the urban forest, including management methods and stakeholder opinions. The plan will also include an equity analysis to help ensure future urban forest management provides socio-economically equitable benefits to Rancho Cucamonga residents. During the development of the UFMP, the consultant will conduct a review of the City’s municipal codes, applicable State laws, the California Fire Code as adopted by the Fire District, along with current tree care practices, policies, and procedures that currently guide management of city trees.

The Consultant will drive the process to meet at minimum once per month in person or via video conference call or webinar with City and Fire District staff to review the Scope of Work, desired deliverables, schedules, and identify criteria for documenting and developing the UFMP. If necessary, the consultant or City staff will dictate if more meetings are required to finalize the UFMP or conduct public outreach meetings with the community. Discussions shall include community engagement strategies with the City’s Community Affairs Team.

The Consultant will assess the status of the City’s urban forest and conduct an analysis to support a determination for tree canopy goals within the city that meet goals for urban forest health, equity, wildfire prevention and safety, and related watershed and community benefits.

The plan will also identify tree care and maintenance best practices, establish grid pruning cycles based on geographical location and landscape maintenance district, pest control, yearly tree mitigation plantings, community involvement opportunities, related policies, procedures, and develop a comprehensive tree species list to be used for future tree plantings within the city. The plan shall include a comprehensive set of actions for achieving the desired tree canopy goals.

The consultant will also assess the urban forest team and interview Public Works staff to provide a recommendation on staffing levels and the proper use of the team to implement the initiatives of the UFMP.

Existing resources and the current budget will also be discussed with the consultant to effectively achieve a work plan.

The consultant will prepare a summary of the hazard presented by certain tree species present in the urban forest, and within the northern portion of the city. The report shall include recommended specific actions to manage and mitigate hazards through tree maintenance practices, selective removal/replacement strategies for both public and private trees, and ordinances restricting the planting of certain species.

Item #13. Page 54
Meeting Date: 7/9/2024 / Packet Page #: 200
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 19 of 32 ends

The consultant will develop a comprehensive review of the City’s tree ordinances and related municipal codes to develop language for a comprehensive tree preservation and management ordinance that is consistent with the UFMP, the General Plan, the Climate Action Plan, and the Community Wildfire Protection Plan. The plan will define the needs of a tree preservation and management ordinance, and monitoring/oversight responsibilities needed to effectively manage and maintain such an ordinance. The consultant will assist with creating language to have repercussions when individuals remove tree assets within the public right-of-way or add hazardous tree assets citywide as well as within the Wildland-Urban Interface Fire Area. It is expected that this work will include an analysis of tree policies that might be appropriate for the City to implement with new development. The consultant will assist staff to determine the best language and structure for an impact fee for the removal of existing trees on private and public property during the entitlement process.

The consultant will facilitate a minimum of six (6) stakeholder/community engagement activities. Activities may include a combination of community “pop-up” events, in person surveys, and hybrid or traditional workshops. The consultant will develop key messaging and collateral, consistent with City branding, such as posters, postcards, flyers, social media, and survey questions, to solicit participation and input as part of the engagement process for the UFMP development.

Engagement activities are open for discussion to communicate the UFMP to the community. The consultant is encouraged to suggest other methods that could encourage public participation. The consultant is expected to develop an authentic public outreach and education campaign that reaches the community planning groups, residents, nonprofit organizations, businesses, academia, community leaders, and City staff to solicit unique ideas and create an alignment with the purpose of the UFMP. Multilingual translation at meetings and of collateral material to be provided by the City.

With City staff facilitation, the consultant will deliver a presentation at two (2) Planning Commission meetings and three (3) City Council meetings on the UFMP process, results, and recommendations that include the adoption of a comprehensive tree ordinance.

The Consultant will prepare a draft plan for City review and incorporate City Comments in the final document. • Develop an outline of content and receive City approval prior to proceeding. • Develop an administrative draft for review and feedback. • Develop a public draft for review and feedback.
• Finalize a final UFMP document for adoption by the City Council.

4.3. MINIMUM QUALIFICATIONS
To qualify the Consultant must meet the following minimum requirements:

1. Five (5) years of public project design experience.

Item #13. Page 55
Meeting Date: 7/9/2024 / Packet Page #: 201
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 20 of 32 ends

2. The Consultant must be licensed in the State of California.

3. A general description of the firm, and the credentials and background of the principal and team members who will be responsible for the project.

4. A documented summary and listing of past and present experience including at least three (3) examples of providing Urban Forestry Management Plan and Tree Inventory Services for other public agencies.

5. Experience with or demonstrated knowledge of wildfire prevention and mitigation specific to tree species selection, placement, density, management, removal, and replacement.

6. Demonstrate an ability to lead an equitable engagement process with diverse participation.

7. References with contact information of successfully completed UFMP on schedule and within budget.

8. The Consultant shall prepare a project understanding outline explaining the plan and process to develop the UFMP, a timeline for project completion, and a fee proposal for the work required to complete the UFMP.

9. The names, qualifications, and scope of work to be performed by any sub-consultants who have extensive experience in the specific discipline of the work they will provide to the team.

10. Demonstrate sufficient named/designated staff and resources to meet the requirements of the contract including redundancy of qualified personnel such that key persons can be readily replaced, with City’s pre-approval, in the event of illness, employment change, or other unforeseen reasons.

4.4. CONTRACT TERM
All work associated with the UFMP must be finalized within fifteen (15) months from the first kick-off meeting with City staff. The award of contract by City Council shall be executed before the first kick-off meeting.

5. EVALUATION AND CONSULTANT SELECTION PROCESS

5.1. INITIAL SCREENING
All RFP responses will undergo an initial review to determine responsiveness to the instructions herein. Those RFP responses initially determined to be responsive by meeting the RFP requirement as indicated herein will proceed to the next phase of the evaluation process.

5.2. EVALUATION ACTIVITIES
Item #13. Page 56
Meeting Date: 7/9/2024 / Packet Page #: 202
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 21 of 32 ends

RFP responses deemed as having met the standard RFP requirements as indicated herein are then evaluated by an Evaluation Committee. The RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score. The following criteria have been assigned percentages that the criteria will be scored against, based upon but not limited to the following evaluation criteria factors:

Criteria
Criteria Description
Assigned
Percentage
Consultant Expertise 15%
Quality of proposed services or goods 15%
Extent to which the Consultants services or goods meet the City ’s needs
15%
Cost 10%
Consultant’s understanding of the City’s Scope of Services and overall quality of work plan; logic, clarity, and deliverables 20% Consultant’s management approach and organization of the team including communication, scheduling, and budget control 15%
Past performance with other government entities/clients with respect to control of costs, quality of work, and meeting deadlines 10%

5.3. COST EVALUATION
Cost Proposals are evaluated and scored based on the following calculations; Score = Lowest Proposal Cost / Cost of Proposal being scored X Maximum Points Available (10) The score is then added to the spreadsheet criteria scores.

5.4. REFERENCE CHECKS
If determined to be required reference checks are conducted by the Procurement Division and the requesting department may or may not be present during the process. The reference checks may be conducted by phone with the information being scribed or conducted by a written form, submitted to the Consultant’s reference contact. Reference contacts will be asked several predetermined questions for response and to provide a score from one (1) to ten (10), ten being the highest. Scores are then tabulated and added to the spreadsheet with the criteria scores. It is imperative that Consultants provide up to date and accurate information regarding contact information for reference checks. All scores are then tabulated into the final Consultant ranking.

Item #13. Page 57
Meeting Date: 7/9/2024 / Packet Page #: 203
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 22 of 32 ends

Evaluators do not see the Consultant References or pricing line items. The proposed pricing is evaluated by the Procurement Division during the initial review of the RFP response, only to ensure that the proposed cost is not over the City ’s budgeted amount or Not-to-Exceed amount for the project.

5.5. DEMONSTRATIONS/ INTERVIEWS
Upon completion of the RFP evaluations and data analysis, and only, if necessary, selected top ranked Consultants will be provided an opportunity to interview and conduct a demonstration or presentation to further expand on their RFP response. Consultant interviews/demonstrations are scored and assigned a ranking of one (1) through ten (10), ten being the highest possible score, based upon but not limited to the evaluation criteria factors as stated within the RFP.

5.6. FINANCIAL DOCUMENTATION
Consultants that proceed to the short-list may be required to submit financial documentation as proof of its firm’s financial stability and strength. A financial review will be conducted by the City Finance Department.

Should a Consultant wish for its financial documentation to be treated as proprietary or be returned upon completion of the review, the documentation must clearly be marked as such. The following documentation will be required of each Consultant on the short-list:
• A copy of the Consultant’s most recent annual report. • Audited (by a third party), balance sheets and income statements for the past three (3) years. • If audited data is not available, Consultant shall submit copies of complete tax returns for the past three (3) years.
• Describe any regulatory censure and past or pending litigation related to services provided by the Consultant.
• Indicate all applicable information regarding Consultant ownership changes in the last three (3) years.

5.7. BEST AND FINAL OFFER
Upon completion of Consultant presentations, the City reserves the right to conduct pre-award discussions and/or pre-contract negotiations with all or only top ranked Consultants. At which time the City may request a Best and Final Offer to be submitted from one or all finalists.

5.8. CONSULTANT SELECTION
The final Consultant selection is based on which Consultant is the most responsive, meeting the City ’s requirements, offering the best value at the most competitive price. The City is not obligated to award to the lowest price proposal.

Item #13. Page 58
Meeting Date: 7/9/2024 / Packet Page #: 204
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 23 of 32 ends

The City may conduct negotiations with several Consultants simultaneously. The City may also negotiate contract terms with the selected Consultants prior to award. The City, at its sole discretion, reserves the right, unless otherwise stated, to accept or reject all or any RFP responses, or any part thereof, either separately or to waive any informality and to split or make the award in any manner determined to be in the best interest of the City.

5.9. LETTER OF INTENT TO AWARD
After a final Consultant selection is determined, a Letter of Intent to Award (LOI) will be posted for review by all participating, responsive Consultants. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, City may negotiate a contract with the next highest scoring Consultant or withdraw the RFP entirely.

Item #13. Page 59
Meeting Date: 7/9/2024 / Packet Page #: 205
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 24 of 32 ends

“EXHIBIT A, CITY OF RANCHO CUCAMONGA CONFLICT OF INTEREST/NON-DISCLOSURE STATEMENT” It is the policy of the City to prevent personal or organizational conflict of interest, or the appearance of such conflict of interest, in the award and administration of City Contracts, including, but not limited to Contracts for Professional Services Agreements (“PSA”) with potential Consultants.

I do not have specific knowledge of confidential information regarding RFP responses received in response to the Request for Proposal (“RFP”) #21/22-011 for The Development Of A Comprehensive Urban Forest Management Plan.

I agree not to disclose or otherwise divulge any information pertaining to the contents, status, or ranking of any RFP response to anyone. I understand the terms and "disclose or otherwise divulge" to include, but are not limited to, verbal conversations, written correspondence, reproduction of any part or any portion of any RFP response, or removal of same from designated areas.

I, the undersigned, hereby certify that the following statements are true and correct and that I understand and agree to be bound by commitments contained herein.
______________________________________ (Print Name)

______________________________________ (Relationship to the City)

______________________________________ (Relationship to the Consultants)

______________________________________ (Signature)
______________________________________ (Date)
Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.

Item #13. Page 60
Meeting Date: 7/9/2024 / Packet Page #: 206
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 25 of 32 ends

“EXHIBIT B, PROFESSIONAL SERVICES AGREEMENT EXCEPTIONS SUMMARY” Mark the appropriate choice, below:
_____ Consultants accepts the PSA without exception.

_____ Consultants proposes exceptions to the PSA.

Summarize all exceptions on a separate document. Enclose a written summary of each change and title as “Exception Summary”, which shall include the Consultants’ rationale for proposing each such exception. Each exception must be labeled with the Section number in the PSA. Failure to properly reference exceptions in the submitted summary may deem the response as non-responsive. ___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.

Item #13. Page 61
Meeting Date: 7/9/2024 / Packet Page #: 207
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 26 of 32 ends

“EXHIBIT C, ACKNOWLEDGMENT OF INSURANCE REQUIREMENTS AND CERTIFICATION OF ABILITY TO PROVIDE AND MAINTAIN COVERAGES SPECIFIED”
I, _______________________________ the ______________________________________________ (President, Secretary, Manager, Owner or Representative) of __________________________________________________________________, certify that the (Name of Company, Corporation or Owner)
Specifications and General Provisions regarding insurance requirements as stated within the Professional Services Agreement (PSA), for the Purchase Contract designated Request for Proposal (“RFP”) #19/20-021 for Hazardous Waste Removal, Remediation and Disposal Services On an As Needed Basis have been read and understood and that our Consultants is able to provide and maintain the coverage as specified in the PSA.

Failure to provide said coverage, upon request to finalize the PSA prior to award shall be enough cause for immediate disqualification of award. Failure to maintain said coverage shall result in termination of the contract.
___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.

Item #13. Page 62
Meeting Date: 7/9/2024 / Packet Page #: 208
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 27 of 32 ends

“EXHIBIT D, ADDENDUM ACKNOWLEDGEMENT”
The Consultants hereby acknowledges the following Addenda Number(s) to this RFP have been received, if any.

Consultants understands failure to acknowledge any addenda issued may cause the RFP response to be considered non-responsive. It is the Consultants’ responsibility to log into the Bid System to identify and download the number of addenda that have been posted.
• __________________
• __________________
• __________________
• __________________
___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.

Item #13. Page 63
Meeting Date: 7/9/2024 / Packet Page #: 209
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 28 of 32 ends

“EXHIBIT E, DEBARMENT AND SUSPENSION CERTIFICATION FORM” I certify that neither _____________________________ (Consultant) nor any of its proposed subcontractors are not currently listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the guidelines under 2 CFR 200 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), and that neither Consultant nor any of its proposed subcontractors are tax delinquent with the State of California.

I acknowledge that if Consultants or any of its subcontractors subsequently are placed under suspension or debarment by a local, state or federal government entity, or if Consultants or any of its subcontractors subsequently become delinquent in California taxes, our Proposal will be disqualified. ___________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.

Item #13. Page 64
Meeting Date: 7/9/2024 / Packet Page #: 210
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 29 of 32 ends

“EXHIBIT F, PARTICIPATION CLAUSE”
It is hereby understood that other government entities, such as cities, counties, and special/school districts may utilize this RFP response at their option for equipment or services at the RFP response price for a period of ________ days. Said entities shall have the option to participate in any award made because of this solicitation.

Any such piggy-back awards will be made independently by each agency, and the City is not an agent, partner or representative of these agencies and is not obligated or liable for any action of debts that may arise out of such independently negotiated piggy-back procurement. Each public agency shall accept sole responsibility of its own order placement and payments of the Consultants.

Successful Consultants will extend prices as proposed herein to other governmental agencies, please specify.

YES __________ NO _________
Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.

Item #13. Page 65
Meeting Date: 7/9/2024 / Packet Page #: 211
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 30 of 32 ends

“EXHIBIT G, SIGNATURE OF AUTHORITY”
The undersigned firm declares that he has carefully examined the specifications and read the above terms and conditions, and hereby proposes and agrees, if this RFP response is accepted, to furnish all material in accordance with the specifications and instructions, in the time and manner therein prescribed for the unit cost amounts set forth in the following RFP response.

THE CONSULTANT IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP RESPONSE AS NON-RESPONSIVE.

Company Name: Address:
(Street, Su. # City, State, Zip)
Telephone #:

Fax #:

E-mail address: Web Address:

Authorized Representative: (print) Title:

Signature: Date:

Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.

Item #13. Page 66
Meeting Date: 7/9/2024 / Packet Page #: 212
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 31 of 32 ends

“EXHIBIT H” REFERENCES WORKSHEET
The following References Worksheet must be complete, please do not mark “See Attached”. Provide a minimum of four (4) clients that are similar in size to the City of Rancho Cucamonga that your company has conducted comparable or like services. Preferred references should be government agencies and be a current customer within the past three (3) years. Please verify accuracy of contact information.

Reference 1
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Reference 2
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Item #13. Page 67
Meeting Date: 7/9/2024 / Packet Page #: 213
The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

Page 32 of 32 ends

Reference 3
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)
Reference 4
Company Name
Contact Name and Title
Company Address
Contact Telephone Number
Contact Email
Description of Comparative Services and
Project Cost (please be specific)

Exhibits are not to be included in your bid response. All referenced Exhibits must be submitted in Planet Bids system under the Response Types, Exhibits A – H.
`
Item #13. Page 68
Meeting Date: 7/9/2024 / Packet Page #: 214
DATE: November 2, 2022
TO: Mayor and Members of the City Council
President and Members of the Board of Directors
FROM: John R. Gillison, City Manager
INITIATED BY: William Wittkopf, Public Works Services Director Mike McCliman, Fire Chief
Jeff Benson, Parks and Landscape Maintenance Superintendent Ruth Cain, CPPB, Procurement Manager
SUBJECT: Consideration to Award a Contract to DUDEK for the Preparation of an Urban Forest Management Plan in an Amount Not to Exceed $250,000. (CITY/FIRE)
RECOMMENDATION:

Staff recommends that the City Council/Board of Directors of the Fire Protection District accept the proposals received, award and authorize the execution of a contract in the amount not to exceed $250,000 for the preparation of an Urban Forest Management Plan to DUDEK of Pasadena, to be funded from various City and Special District accounts.

BACKGROUND:

The City is responsible for overseeing the care and maintenance of approximately 77,000 trees within its borders. To address the magnitude of all that is involved in managing the urban forest presently and in the future, staff determined there is a need for a comprehensive Urban Forest Management Plan (UFMP). This plan represents a cross-departmental initiative that will build on planning efforts such as the General Plan, the Etiwanda Heights Neighborhood and Conservation Plan, and the Climate Action Plan.

City staff will work closely with the consultant to prepare the UFMP which will analyze and provide recommendations for items such as: tree ordinances, the city’s tree inventory, a tree canopy analysis, identification of the current health of the urban forest, and location specific species goals for existing and future development. The UFMP will assist City staff with incorporating urban forest management best practices, including setting greenhouse gas (GHG) emission reduction goals, wildfire prevention, long-term City tree canopy cover goals, and establish maintenance practices for commercial trees. The canopy analysis will also identify opportunities for urban forest expansion for both public and private trees. This document will further identify reforestation solutions to address replacing trees that are reaching the end of their life span. The UFMP will be led by a science-based, community-driven process. The consultant and City staff will facilitate community engagement activities such as surveys, workshops, an urban forest summit, and develop social media posts to solicit advice and feedback on UFMP development and implementation. Presentations to the Planning Commission and City Council will occur to provide updates and progress of the plan. The final and adopted UFMP will provide staff with a long-term Item #13. Page 69
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plan to mitigate future state mandates, drought, urban heat effects, and wildfires, while creating a roadmap for the City’s urban forest over the next 50 years. Having this plan in place will create opportunities for the City to pursue grant opportunities related to climate action initiatives.

The Procurement Division prepared and posted RFP #21/22-011 for preparation of an Urban Forest Management Plan. There were seven hundred fifty-three (753) notified vendors; thirty-two (32) prospective bidders downloaded or viewed the bid package, and three (3) responses were received.

ANALYSIS:

An Evaluation Committee consisting of City staff from departments that will benefit from the UFMP conducted a thorough analysis of the RFP responses and scored and ranked the proposals in accordance with the RFP evaluation criteria. The top two (2) highest ranked vendors were invited to be interviewed and provided an opportunity to present additional information to enhance their proposal submittals. Vendors were evaluated and rated based on their presentation and responses to pre-determined questions from the Evaluation Committee.

DUDEK was the highest ranking and was determined to be the most responsive vendor providing the best value while meeting the scope of services listed in the RFP. Therefore, staff recommends City Council award a contract to DUDEK of Pasadena, California, effective November 2, 2022, in an amount not to exceed $250,000. DUDEK will have 15 months to complete and deliver the UFMP along with assisting staff with modifications to the municipal code as required. A copy of the contract is on file in the City Clerk’s Office.

FISCAL IMPACT:

The Fiscal Year 2022/23 adopted budget for this project is $250,000 to be funded from various City and Special District accounts. The completion of the Urban Forest Management Plan will enable City staff to prepare future budgets based on the findings and recommendations made within the plan.

The chart below has been prepared to illustrate the funding break down from the various Fire District, City, and Special District accounts considering the number of trees in each Special District.

Funding Breakdown
Org Key Object Location Tree Count Percentage Amount
1001319 5310 GF 21,142 27.46% $ 41,180
1016301 5310 Econ/Com Dev. $ 50,000
1130303 5310 LMD 1 12,928 16.78% $ 25,180
1131303 5310 LMD 2 16,164 20.99% $ 31,490
1133303 5310 LMD 3B 1,587 2.06% $ 3,090
1133320 5310 Metrolink 372 0.48% $ 720
1134303 5310 LMD 4 4,931 6.40% $ 9,610
1136303 5310 LMD 6 3,867 5.02% $ 7,530
1137303 5310 LMD 7 7,608 9.88% $ 14,820
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1138303 5310 LMD 8 637 0.83% $ 1,240
1139303 5310 LMD 9 3,317 4.31% $ 6,460
1140303 5310 LMD 10 2,105 2.73% $ 4,100
1848303 5310 Heritage 523 0.68% $ 1,020
1848303 5310 Red Hill 542 0.70% $ 1,060
1868203 5310 CFD 200-03 268 0.35% $ 520
1700312 5310 Sports Complex 1,017 1.32% $ 1,980
3288501 5310 Fire District $ 50,000
Grand Total 77,005 100.00% $ 250,000
COUNCIL MISSION / VISION / VALUE(S) ADDRESSED:

This item addresses the City Council’s Core Values of providing and nurturing a high quality of life for all while promoting and enhancing a safe and healthy community through an Urban Forrest Management Plan.

ATTACHMENTS:

None.

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CITY OF RANCHO CUCAMONGA

PUBLIC WORKS SERVICES DEPARTMENT

CONTRACT
DUDEK

CONSULTANT SERVICES FOR THE DEVELOPMENT
OF A

COMPREHENSIVE URBAN FOREST MANAGEMENT PLAN
AWARD DATE:

November 2, 2022

City of Rancho Cucamonga

CONTRACT NUMBER
2022-141
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AGREEMENT FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 2nd day of November 2022, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and Dudek, an environmental and engineering consulting firm (“Consultant”).

RECITALS
A. City has heretofore issued its request for proposals to perform the following professional services: Consultant services for the development of a comprehensive urban forest management plan (“the Project”).

B. Consultant has submitted a proposal to perform the professional services described in Recital “A”, above, necessary to complete the Project.

C. City desires to engage Consultant to complete the Project in the manner set forth and more fully described herein.

D. Consultant represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner.

AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

1. Consultant’s Services.

1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City hereby engages Consultant to perform all technical and professional services described in Recitals “A” and “B” above, including, but not limited to developing a robust Urban Forest Management Plan (UFMP), tree ordinances, city tree inventory, tree canopy analysis, and location-specific species policies, all as more fully set forth in the Consultant’s proposal, dated May 23, 2022 and entitled “Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Consultant are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control.

1.2 Revisions to Scope of Work. Upon request of the City, the Consultant will promptly meet with City staff to discuss any revisions to the Project desired by the City. Consultant agrees that the Scope of Work may be amended based upon said DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 73
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meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Consultant’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Consultant by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s City Manager without amendment.

1.3 Time for Performance. Consultant shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “ ”.

1.4 Standard of Care. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing the Services.

1.5 Familiarity with Services. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

Consultant represents that Consultant, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of services, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the City Representative.

2. Term of Agreement. The term of this Agreement shall be two year(s) and shall become effective as of the date of the mutual execution by way of both parties signature (the “Effective Date”). No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled.

Parties to this Agreement shall have the option to renew in one year(s) incrementsto a total of three additional years, unless sooner terminated as provided in Section 14 herein.

Options to renew are contingent upon the City Manager’s approval, subject to pricing review, and in accordance to all Terms and Conditions stated herein unless otherwise provided in writing by the City.

3. Compensation.

3.1 Compensation. City shall compensate Consultant as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Consultant shall not exceed $250,000 (two hundred fifty thousand dollars), including all out of pocket expenses, unless additional compensation is approved by the City Manager or City DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 74
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Council. City shall not withhold any federal, state or other taxes, or other deductions.

However, City shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Consultant be entitled to compensation for services not yet satisfactorily performed.

The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall compensate Consultant for any authorized extra services as set forth in Exhibit A.

4. Method of Payment.

4.1 Invoices. Consultant shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California.

4.2 City shall review such invoices and notify Consultant in writing within ten (10) business days of any disputed amounts.

4.3 City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3.

4.4 All records, invoices, time cards, cost control sheets and other records maintained by Consultant relating to services hereunder shall be available for review and audit by the City.

5. Representatives.

5.1 City Representative. For the purposes of this Agreement, the contract administrator and City’s representative shall be William Wittkopf, Public Works Services Director, or such other person as designated in writing by the City (“City Representative”). It shall be Consultant’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Consultant shall refer any decisions that must be made by City to the City Representative.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the City Representative.

5.2 Consultant Representative. For the purposes of this Agreement, Joseph Monaco, AICP, President/CEO is hereby designated as the principal and representative of Consultant authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Consultant’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Consultant’s Representative were a substantial inducement for City to DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 75
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enter into this Agreement. Therefore, the Consultant’s Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change the Responsible Principal without the prior written approval of City.

6. Consultant’s Personnel.

6.1 All Services shall be performed by Consultant or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City business license as required by the City’s Municipal Code.

6.2 Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4.

6.3 Consultant shall be responsible for payment of all employees’ and subcontractors’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

6.4 Consultant shall indemnify, defend and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s violations of personnel practices and/or any violation of the California Labor Code. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6.

7. Ownership of Work Product.

7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Consultant in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City.

Upon payment being made, and provided Consultant is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 76
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common law or statutory copyright or copyright application by Consultant. In the event of the return of any of the Work Product to Consultant or its representative, Consultant shall be responsible for its safe return to City. Under no circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Consultant and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City’s reuse of the Work Product for any purpose other than the Project, shall be at City’s sole risk.

7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above, the Consultant shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project.

7.3 Title to Intellectual Property. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Consultant shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non- infringing. This covenant shall survive the termination of this Agreement.

8. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City.

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or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement.

Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees.

9. Confidentiality. Consultant may have access to financial, accounting, statistical, and personnel data of individuals and City employees. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Consultant to defend itself from any legal action or claim.

10. Conflict of Interest.

10.1 Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.

Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.

10.2 Consultant further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.

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10.3 Consultant has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1.

11. Indemnification.

11.1 Professional Services. In the connection with its professional services, the Consultant shall defend, indemnify, and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (collectively, “Indemnitees”), free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant or any of its officers, employees, subcontractors, consultants, or agents in the performance of its professional services under this Agreement. Consultant shall pay all reasonable defense costs and expenses, including actual reasonable attorney’s fees and experts’ costs incurred in connection with such defense. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of City, provided, however, Consultant shall be responsible for City’s defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct.

11.2 Other Indemnities. In connection with all Claims not covered by Section 11.1, and to the maximum extent permitted by law, the Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Consultant or any of its officers, employees, subcontractors, subconsultants, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees.

11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.

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provided in this Agreement, Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Consultant.

11.5 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

12. Insurance.

12.1 Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Consultant, and/or its agents, representatives, employees and subcontractors.

12.2 Minimum Scope of Insurance. Unless otherwise approved by City, 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) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the City, having, at City’s option, an extended reporting period of not less than three (3) years; or professional liability insurance shall be maintained for a period of three (3) years after completion of the Services which shall, during the entire three (3) year period, provide protection against claims of professional negligence arising out of Consultant’s
performance of the Services and otherwise complying with all applicable provisions of this Section 12. The policy shall be endorsed to include contractual liability to the extent insurable.

12.3 Minimum Limits of Insurance. Consultant shall maintain limits no less than:

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(1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage.

Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate. (5) The Insurance obligations under this agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum insurance requirements shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the obligations of the Contractor under this Agreement.

12.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements.

12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its
officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; and/or automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no limitations on the scope of
protection afforded to City, its officers, officials,
employees, designated volunteers or
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agents serving as independent contractors in the role of City officials which are not also limitations applicable to the named insured.
(2) For any claims related to this Agreement, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City or officials. Any insurance or self- insurance
maintained by City, its officers, officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Consultant’s insurance and shall not contribute with it. (3) Consultant’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) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the
deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to
substitute for any canceled policy, the City may procure such insurance at Contractor’s sole cost and expense.
(5) Each insurance policy, required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co.

Rating Guide.
(7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided.

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(8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement.

12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Consultant shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Consultant commences performance. If performance of this Agreement shall extend beyond one year, Consultant shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance.

12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub- subcontractor.

13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation that City might require.

City shall compensate Consultant for any litigation support services in an amount to be agreed upon by the parties.

14. Termination. City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Consultant.

In the event City exercises its right to terminate this Agreement, City shall pay Consultant for any services satisfactorily rendered prior to the effective date of the termination, provided Consultant is not then in breach of this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.

City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party.

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Consultant may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes.

15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant’s and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section.

All notices shall be addressed as follows:

If to City: William Wittkopf
City of Rancho Cucamonga
Public Works Services Department 8794
Lion Street
Rancho Cucamonga, CA 91730
If to Contractor: Joseph Monaco, AICP, President/CEO
Dudek
605 Third Street
Encinitas, California 92024

16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

17. Assignment and Subcontracting. Consultant shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Consultant’s obligations hereunder without City’s prior written consent. Except as provided herein, any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18 Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 84
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Consultant performs the Services. CONSULTANT is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, CONSULTANT agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm CONSULTANT shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. CONSULTANT shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

20. Attorney’s Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts.

21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court.

23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 85
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party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.

24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

Dudek
By:

Name Date
Title
City of Rancho Cucamonga
By:

Name Date
Title
DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 President
11/14/2022 | 8:52 AM PST 11/15/2022 | 5:16 PM PST
Mayor/President
Item #13. Page 86
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ATTACHMENTS
• Attachment A – Sample Additional Insured Endorsement, Ongoing Operations • Attachment B – Sample Additional Insured Endorsement, Completed Operations • Attachment C – Sample Waiver of Subrogation
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Attachment A – Sample Additional Insured Endorsement, Ongoing Operations DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 88
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Attachment B – Sample Additional Insured Endorsement, Completed Operations DocuSign Envelope ID: FBC2C912-9869-4C32-B6B9-F256B5B58BC7 Item #13. Page 89
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Attachment C – Sample Waiver of Subrogation
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SCOPE OF WORK
Scope of Work Contents:
• Exhibit A – RFP 21/22-011
• Exhibit B – Contractor’s proposal, dated May 23, 2022 • Exhibit C – Unit Costs (Best and Final Offer)
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REQUEST FOR PROPOSAL (“RFP”) #21/22-011
FOR

CONSULTANT SERVICES FOR THE DEVELOPMENT OF A COMPREHENSIVE

URBAN FOREST MANAGEMENT PLAN
City of Rancho Cucamonga
Procurement Division
10500 Civic Center Drive
Rancho Cucamonga, California 91730
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The City of Rancho Cucamonga
Request for Proposal (“RFP”) #21/22-011
for
Consultant Services for the Development of A Comprehensive Urban Forest Management Plan __________________________________________________________________________________________________ __________________________________________________________________________________________________

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